Mr Chris Pearce MHR
Federal Member for Aston

17th of November 2004                           

Dear Mr Pearce

Reference:    Your letter and enclosure of the 22nd of June 2004 re: Lt. E G Kennell RAN and Lt. Cdr K A Ferguson RANR - Deaths whilst on Operational Service.

It was with a certain amount of disappointment that I read the Minister's response to the above. It appears at first blush that the former Minister has either been wrongly advised or clearly had no knowledge of the relevant Act(s) or Ministerial Determination(s) governing service in Vietnam of Naval personnel, and specifically the service carried out by RAN logistical support personnel during this period (1965-1972).

With reference to the relevant Ministerial Determination, dated the 23rd of December 1997, the then Minister for Defence, Industry, Science and Personnel has determined that:

(a) each unit of the Defence Force specified in column one of Schedule A to this  instrument is taken to have been allotted for duty in the operational areas described in items 4 and 8 in column 1 of Schedule 2 of the Act during each period:

(i) beginning on the commencing date set out opposite that unit in column 2 of Schedule A; and

(ii)  ending on the ending date set out opposite that commencing date in Column 3 of Schedule A, inclusive both dates; and

(b)  each person included in a class of persons specified in Schedule B to this instrument to have taken to have been allotted for duty in the operational areas described in item 4 and 8 in Schedule 2 (in column one of that Schedule) to the Act during the period determined according to paragraphs one and 2 in Schedule B; ...

It will be noted in the content of the aforementioned Ministerial Determination that the ship in which Lt. Kennell was serving, namely HMAS Melbourne, was allotted for duty in the Operational area, in accordance with the above Ministerial Determination, from the 25th of April 1966 to the 06th of May 1966. Lieutenant (O) (X) E G Kennell met his demise at approximately 1500H on Thursday the 28th of April, well within the period specified above, which should automatically afford his memory recognition as a Veteran. Needless to say if he had survived, this would have been granted to him as a matter of course.

Much the same can be said for Lt Cdr K A Ferguson RLEX. It will be noted in the content of the aforementioned Ministerial Determination that the ship in which Lt Cdr K A Ferguson RLEX was serving, namely HMAS Sydney, was allotted for duty in the Operational area, in accordance with the above Ministerial Determination, from the 24th of November 1971 to the 17th of December 1971. Lt Cdr K A Ferguson met his demise at approximately 1925GH on Monday the 06th of December 1971, well within the period specified above, which should automatically afford his memory recognition as a Veteran. Needless to say if he had survived, this would have been granted to him as a matter of course.

Again, if these two officers had survived, and in the normal course of recent events, they would have been granted recognition as Veterans from as far back as the 12th of November 1985. However, such has not been the case. Inclusion on the Nominal Roll of Vietnam Veterans and recognition by way of the issue of medals to their next of kin is again requested as a matter of some importance to not only the families concerned, but to the many members of this Association Australia wide as well.

It is felt that both men would have been entitled to (a) the Returned from Active Service Badge (RASB), (b) the Vietnam Logistic & Support Medal (VLSM), and (c) the Australian Active Service Medal, (AASM 1945-1975) with clasp Vietnam. I hope you can again assist us by approaching the incoming Minister on our behalf, and by requesting that she attend to the issues involved with some alacrity and compassion.

In conclusion, may I offer my personal congratulations upon your return to represent the Federal seat of Aston, I hope we can continue to utilise your good offices to raise issues concerning former members of the RAN.

Regards

Dr John R Carroll PhD EdD