The Department of Defense's voluntary compliance program in off-base discrimination cases had its greatest success in the months following the passage of the Civil Rights Act. Given the passage of the act and other federal legislation, pronouncements of the federal courts, and the broad advance of racial tolerance throughout the nation, the Defense Department's civil rights officials came to expect that most discrimination could be dealt with in a routine manner. As Robert E. Jordan III, a staff assistant to the department's civil rights deputy, put it, the use of sanctions would not "normally" be invoked when the Civil Rights Act or other laws could provide a judicial remedy.[23-39] Fitt predicted that only a "very tiny number" of requests by servicemen for suits under the act would ever be processed all the way through to the courts. He expected to see many voluntary settlements achieved by commanders spurred to action by the filing of requests for suit.[23-40]
By early 1965 local commanders had made "very good progress," according to one Defense Department survey, in securing voluntary compliance with Title II of the act for public accommodations frequented by servicemen. Each service had reported "really surprising examples of progress" in obtaining integrated off-base housing in neighborhoods adjoining military installations and heavily populated by service families. The services also reported good progress in obtaining integrated off-duty education for servicemen, as distinct from their dependents in the public schools.[23-41] At the same time lesser but noticeable progress was reported in Titles II and III cases. In the first off-base inventory some 145 installations in twenty states had reported widespread discrimination in nearby restaurants, hotels, bars, bowling alleys, and other Title II businesses; forty installations in nine states reported similar discrimination in libraries, city parks, and stadiums (Title III categories). Each succeeding inventory reported impressive reductions in these figures.
Defense Department officials observed that the amount of progress depended considerably on the size of the base, its proximity to the local community, and the relationship between the commander and local leaders. Progress was most notable at large bases near towns. The influence of the Civil Rights Act on cases involving servicemen was also readily apparent. But above all, these officials pointed to the personal efforts of the local commander as the vital factor. Many commanders were able to use the off-base inventory itself as a weapon to fight discrimination, especially when the philosophy of "if everybody else desegregates I will" was so prevalent. Nor could the effect of commanders' achievements be measured merely in terms of hotels and restaurants open to black servicemen. The knowledge that his commander was fighting for his rights in the community gave a tremendous boost to the black serviceman's morale. It followed that when a commander successfully forced a change in the practices of a business establishment, even one only rarely frequented by servicemen, he stirred a new pride and self-respect in his men.[23-42]
The Limits of Voluntary Compliance
If the Civil Rights Act strengthened the hands of the commander, it also quickly revealed the ultimate limits of voluntary compliance itself. The campaign against Titles II and III discrimination was only one facet of the Department of Defense's battle against off-base discrimination, which also included major attacks against discrimination in the National Guard, in the public schools, and, finally, in housing. It was in these areas that the limits of voluntary compliance were reached, and the technique was abandoned in favor of economic sanctions.
Because of its intimate connection with the Department of Defense, the National Guard appeared to be an easy target in the attack against off-base discrimination. Although Secretary McNamara had accepted his department's traditional voluntary approach toward ending discrimination in this major reserve component,[23-43] the possibility of using sanctions against the guard had been under discussion for some time. As early as 1949 the legal counsel of the National Guard Bureau had concluded that the federal government had the right to compel integration.[23-44] Essentially the same stand was taken in 1961 by the Defense Department's Assistant General Counsel for Manpower.[23-45]
These opinions, along with the 1947 staff study on the guard and the 1948 New Jersey case,[23-46] provided support extending over more than a decade for the argument that the federal government could establish racial policies for the National Guard. Indeed, there is no evidence of opposition to this position in the 1940's, and southern guard leaders openly accepted federal supremacy during the period when the Army and Air Force were segregated. But in the 1960's, long after the services had integrated their active forces and seemed to be moving toward a similar policy for the guard, doubts about federal authority over a peacetime guard appeared. The National Guard Bureau disputed the 1949 opinion of its legal counsel and the more recent one from the Defense Department and stressed the political implications of forcing integration; a bureau spokesman asserted that "an ultimatum to a governor that he must commit political suicide in order to obtain federal support for his National Guard will be rejected." Moreover, if federal officials insisted on integration, the bureau foresaw a deterioration of guard units to the detriment of national security.[23-47]
Auto Pilot Shop.
Airmen check out equipment, Biggs Air Force Base, Texas.