MINISTER FOR VETERANS'AFFAIRS

Mr Chris Pearce MP
Member for Aston

Dear Mr Pearce

Thank you for your letter of 21 April 2004 on behalf of Dr John Carroll, concerning recognition of Lieutenant E G Kennell RAN and Lieutenant Commander K A Ferguson RANR on the Roll of Honour and the Nominal Roll of Vietnam Veterans. I regret the delay in replying.

My response is in two parts as the Australian War Memorial is responsible for maintaining the Roll of Honour, while my Department is responsible for the Nominal Roll of Vietnam Veterans.

The aim of the Nominal Rolls is to raise public awareness of service undertaken within specific periods in a war or warlike operation in which Australians were involved. To be eligible for inclusion, a person or unit of the Defence Force must be allotted for duty and serve in the operational area.

The Nominal Roll of Vietnam Veterans lists members of the Australian Defence Force who saw service in Vietnam during the period between 23 May 1962 and 29 April 1975. The operational area during the Vietnam War is defined in Schedule 2 of the Veterans' Entitlements Act 1986 (VEA) as the area of Vietnam, including the waters contiguous to the coast of Vietnam for a distance of 185.2 kilometres (100 nautical miles) seaward from the coast.

The Department of Veterans' Affairs has reviewed the circumstances surrounding the deaths of LEUT Kennell and LCDR Ferguson. In both cases, their deaths occurred before their ships crossed into the Vietnam War operational area. Sadly, this means they do not satisfy one of the basic eligibility criteria and therefore the Department cannot include their names on the Nominal Roll of Vietnam Veterans.

The policy and decisions relating to the Australian War Memorial's Roll of Honour are determined by the Memorial's Council. In determining eligibility for inclusion on the Roll of Honour, the Memorial follows the Department of Defence's definitions of types of service. A person must have been a member of the Australian Defence Force at the time of death, died on warlike service or as a result of such service, and within the prescribed period.

When the Roll of Honour for Vietnam was being compiled in 1972, the RAN advised the Memorial of those members who died during operations in Vietnam or Vietnamese waters (or as the result of such service). Neither LEUT Kennell nor LCDR Ferguson were included on the list provided. Changes to the VEA declared in 1997 do not affect the earlier determination as neither LEUT Kennell nor LCDR Ferguson ever served in the defined Vietnam War operational area. Therefore, under the terms of the legislation, they did not die on warlike service.

While this is not the outcome that Dr Carroll hoped for, I do trust he understands the reasons why LEUT Kennell and LCDR Ferguson are not eligible for inclusion on the Roll of Honour.

Thank you for bringing Dr Carroll's concerns to my attention. 

Yours sincerely

DANNA VALE MP

16 Jun 2004