Office of the Historian

129. Memorandum From the Joint Chiefs of Staff to Secretary of Defense McNamara1

JCSM–777–64
Washington, September 5, 1964.

SUBJECT

  • Rules of Engagement (U)
1.
The US Ambassador to Laos has requested that a revision be made in the Rules of Engagement to permit US aircraft to engage hostile aircraft over Laos without prior reference to the Joint Chiefs of Staff.
2.
Recently the Joint Chiefs of Staff authorized certain changes in the Rules of Engagement for Southeast Asian countries and, inter alia, specifically authorized the protection of US forces operating in Laos but excluded friendly Lao forces.
3.
The reason for this exclusion of coverage was that in discussions with the Department of State they felt it was premature to request permission of the Lao Prime Minister to furnish protection to the friendly Lao forces. During inter-agency discussions on the above mentioned Rules of Engagement, it was concluded that consultation with the Lao Prime Minister concerning protection of friendly Lao forces by US forces would be deferred.
4.
The United States has expended considerable effort, time, and funds in support of the friendly Lao forces. The introduction of the additional T–28s and support that have been provided to the FAR enabled them to undertake offensive actions for the first time in a number of years. The introduction of tactical air in support of the Pathet Lao might degrade a favorable situation that now exists. Consequently, the air superiority in support of the FAR should be maintained.
5.
To intercept hostile aircraft effectively over Lao territory and protect this investment, it is necessary for the US forces in Thailand to react immediately upon receipt of a hostile aircraft warning. To request authority from the Joint Chiefs to Staff to engage hostile aircraft and await a reply after receiving a hostile aircraft warning nullifies effective air defense.
6.
The Commander in Chief, Pacific, concurred in the need for air defense and recommended definitive rules of engagement be established for Laos.
7.
The Joint Chiefs of Staff consider that:
a.
Authority should be granted US forces to engage hostile aircraft over Laos without prior reference to the Joint Chiefs of Staff.
b.
Definitive rules of engagement be established for Laos.
8.
The Joint Chiefs of Staff recommend approval of the attached message2 which reflects the evaluation made above.
For the Joint Chiefs of Staff:
Earle G. Wheeler
Chairman
Joint Chiefs of Staff
  1. Source: Washington National Records Center, RG 330, OSD/Admin Files: FRC 69 A 7425, Laos 381. Top Secret.↩
  2. Attached, but not printed. In a September 25 memorandum to the JCS McNamara informed them that their recommendations in paragraphs 7a and 7b had been discussed with the Department of State which concurred in McNamara’s decision to approve them. The JCS were directed to promulgate the revised Rules of Engagement for Laos. (Ibid.)↩