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day, we have tried to build a society without prejudices because of race, creed or color.  The national policy of the United States has almost unbrokenly been directed toward achievement of that goal.  Segregation on the basis of race or color in the Army is, in the face of this tradition, and such practices are a flagrant violation of the traditional ideal.

During the last war, Negroes who were inducted or enlisted in the Army were brought in under a quota system and assigned specifically to Negro units.  The injustice of this system became apparent during the course of the conduct of the war, along with the inequities which accrued to Negro citizens and the vast waste in manpower resources caused by this system of classification.  After the war, an overall study of the Army's segregated pattern was undertaken by an Army commission, headed by Lieutenant General Alvin C. Gillem.  The report of the commission resulted in the issuance of War Department Circular No. 124 on the 27th day of April, 1946, which provided for a form of limited segregation of Negroes in the post-war Army.

It is the contention of AVC that any form of segregation on the basis of race or color by the Armed Forces is in violation of fundamental Constitutional rights and civil liberties guaranteed under the Fifty Amendment