Foreign Relations of the United States, 1961–1963, American Republics; Cuba 1961–1962; Cuban Missile Crisis and Aftermath, Volumes X/XI/XII, Microfiche Supplement

704. Memorandum from General LeMay to McNamara, August 1, with two appendices¹

August 1, 1963

SUBJECT

• US Action in Event of Cuban Attack on US Aircraft/Ships (U)

1. Current policy does not address specifically the matter of US fighter aircraft overflying Cuba while en route to the scene of a Cuban attack on US aircraft or ships operating outside of Cuban territory.

2. However, Rules of Engagement, promulgated by direction of the President on 28 February 1963, prohibit US forces from penetrating Cuban territory in pursuit of Cuban forces which have attacked US aircraft or ships operating outside of Cuban territory. On this basis, overflight of Cuban territory while en route to the scene is not included in the authorized military options for response to an attack by Cuba on US forces operating outside of Cuban territory.

3. The Commander in Chief, Atlantic (CINCLANT), has pointed out that reaction time for US fighter aircraft to respond to an attack on US forces, for example south of western Cuba and north of eastern Cuba, can be reduced 10 to 30 minutes, with comparable increases in time for action at the scene, if routing over Cuban territory is authorized. CINCLANT considers that incidents of Cuban attack on US forces, where overflight of Cuba would be militarily advantageous, most likely would involve aircraft engaged in reconnaissance efforts but also could involve US shipping and cases where lives of US nationals or national interests are in jeopardy.

4. The option of overflying Cuba in certain instances, and under certain conditions, where US aircraft or ships are attacked by Cuban forces is considered highly desirable by the Joint Chiefs of Staff. Accordingly, it is recommended that a memorandum substantially the same as that in the Appendix hereto be forwarded to the President.

For the Joint Chiefs of Staff:

Curtis F. LeMay

Acting Chairman
Joint Chiefs of Staff

Attachment

DRAFT

MEMORANDUM FOR THE PRESIDENT

SUBJECT

• US Action in the Event of Cuban Attack on US Aircraft/Ships (U)

1. At your direction on 28 February 1963, Rules of Engagement were promulgated with respect to action by US forces in event of a Cuban attack on US aircraft or ships operating outside of Cuban territory. These rules prohibit US forces from penetrating Cuban territory in pursuit of Cuban forces involved.

2. On this basis, overflight of Cuban territory while en route to the scene of an attack is not included in the authorized military options for responses to an attack by Cuba on US aircraft or ships operation outside of Cuban territory.

3. Incidents of Cuban attack on US forces operations [illegible in the original] of Cuban territory which are considerate most likely would involve aircraft engaged in reconnaissance efforts, but also could involve US shipping and cases were lives of US nationals or national interests are in jeopardy. Should attacks occur, for example south of western Cuba and north of eastern Cuba, the en route time for US fighter support can be reduced 10 to 30 minutes, with a comparable increase in time for action at the scene, by routing over Cuban territory. This quicker en route reaction time could be the difference between providing an effective defense for US interests or arriving too late for action.

4. In light of the [illegible in the original] may arise [illegible in the original] presence of US forces [illegible in the original] possible [illegible in the original] would be in the best national interests, a draft statement of policy which would authorize overflight of Cuban territory in certain instances, and under certain conditions, has been prepared and is attached.² Its approval is recommended.

Annex

STATEMENT OF POLICY

ON

US ACTION IN EVENT OF CUBAN ATTACK ON US AIRCRAFT/SHIPS (U)

The following policy is issued pertaining to US action in the event of Cuban attack in the area surrounding Cuba against US aircraft/ships:

a. In specific instances in which adherence to international airspace would delay significantly the arrival of US fighter aircraft at the scene of a Cuban attack against US aircraft/ships operating outside of Cuban territory, overflight of Cuba by fighter aircraft is authorized subject to the following:

(1) It must be established that the US aircraft/ship is being attacked, or the US aircraft/ship has been attacked and lives of US personnel are endangered.

(2) Overflight times are minimized with due regard to risk to aircraft. While en route every effort will be taken to avoid provocative acts. Engagement will not be undertaken during the overflight except for self-defense against aircraft attack.

(3) From the time of arrival at the scene current rules of engagement will pertain, with return to home or diversion airfield via air space over international waters, if practicable.

(4) The most [illegible in the original] will be used to inform [illegible in the original] flight of Cuba [illegible in the original] action shall be [illegible in the original] same manner.

1. U.S. action in event of Cuban attack on U.S. aircraft or ships. Top Secret. 5 pp. WNRC, RG 330, OASD (C) Files: FRC 71 A 2896, Cuba (Sensitive) 1963, Rules of Engagement.
2. [illegible in the original]