This suggestion no doubt pleased McNamara. Although the committee's recommendations might be the logical outcome of its investigations, in the absence of a strong federal civil rights law even a sympathetic secretary of defense could not accept such radical changes in the services' community relations programs without reservations. Nor, as Gesell later admitted, could a secretary of defense chance the serious compromise to the administration's effort to win passage of such a law that could be caused by some "too gung-ho" commander left to impose sanctions on his own.[21-62] The secretary agreed with the committee that much could be done by individual commanders in a voluntary way to change the customs of the local community, and he wanted the emphasis to be kept there.
Unlike Gesell, who doubted the effectiveness of directives and executive edicts ("trouble-making" he called them), McNamara considered equal opportunity matters "an executive job that should be handled by the Departments, using directives."[21-63] Armed with the committee's call for action and the services' agreement in principle, McNamara turned to the preparation of a directive, the main outline of which he transmitted to the President on 24 July after review by Burke Marshall in the Department of Justice. As McNamara explained to Marshall, "I would like to be able to tell him [the President] that you have read same and offer no objection."[21-64]
The Secretary of Defense promised the President to "eliminate the exceptions and guard the continuing reality" of racial equality in the services. In the light of the committee's conclusion that off-base discrimination reduced military effectiveness, he pledged that "the military departments will take a leadership role in combating discrimination wherever it affects the military effectiveness" of servicemen. McNamara admitted having reservations about some of the committee's recommendations, especially the closing of bases near communities that constantly practiced discrimination; such closings, he declared, were not feasible "at this time." Nevertheless he agreed with the committee that off-limits sanctions should be available to the services, for "certainly the damage to military effectiveness from off-base discrimination is not less than that caused by off-base vice, as to which the off-limits sanction is quite customary."[21-65] He failed to add that even though sanctions against vice were regularly applied by the local commander, sanctions against discrimination would be reserved to higher authority.
The directive, in reality an outline of the Department of Defense's civil rights responsibilities and the prototype of subsequent secretarial orders dealing with race, was published on 26 July 1963, the fifteenth anniversary of Harry Truman's executive order. It read in part:
II. Responsibilities.
A. Office of the Secretary of Defense:
1. Pursuant to the authority vested in the Secretary of Defense and the provisions of the National Security Act of 1947, as amended, the Assistant Secretary of Defense (Manpower) is hereby assigned responsibility and authority for promoting equal opportunity for members of the Armed Forces.
In the performance of this function he shall (a) be the representative of the Secretary of Defense in civil rights matters, (b) give direction to programs that promote equal opportunity for military personnel, (c) provide policy guidance and review policies, regulations and manuals of the military departments, and (d) monitor their performance through periodic reports and visits to field installations.
2. In carrying out the functions enumerated above, the Assistant Secretary of Defense (Manpower) is authorized to establish the Office of Deputy Assistant Secretary of Defense (Civil Rights).
B. The Military Departments: