Sent: Thursday, September 06, 2007 11:04 AM
Subject: Mick Kennedy-in Hospital
----- Original Message ----- From:
Michael and
Jennifer Sherlock
To:
'Garry Sloane'
Sent: Monday, September 03, 2007 9:18 AM
Subject: Mick Kennedy-in Hospital
Garry, I thought you might want to know that Mick Kennedy (Cpl 4 Section 11
Platoon last tour SVN) is in the High Dependency ward of the Queen Elizabeth
Hospital (QEH) Adelaide. He had his right leg amputated below the Knee
yesterday. Complications set in after previous surgery to fix foot circulation
problem. Mick is in fine spirits as I spoke to him this morning. I also spoke
to Faith (Mick’s Wife) and she is ok and relieved it is over as far as the
operation went. Mick is on a dialysis program and is currently waiting for a
Kidney transplant after he is mobile again. Tel for QEH is 82226000. It is ok
to let the troops know. Thanks Garry and take care.-Regards Mick (Stretch).
SUBMISSION ON BEHALF OF WALTER HEAGNEY B COMPANY 4RAR
Malaysia 1966
1. My name is Roger John
Wickham. I was posted as a 2LT to 4RAR from 2 RAR, as a foundation
member when the battalion was raised in 1964 and was the original
commander of 11 Platoon D Company. I arrived in Terendak Garrison in
Malacca with D Company in early September 1965 and deployed to
Sarawak with D Company in early April 1966. I was injured in Borneo
in June 1966 and was reassigned as the Assistant Adjutant until June
1967. I was then appointed as the Return to Australia Officer to
arrange the return by road, rail, sea and air
of the battalion and its families
to Australia and the reception of the incoming 8 RAR and its
families.
2. I understand that Mr
Walter Heagney, a former member of B Company, (B/4), has had his
application for service and/or disability pension rejected because
he was not allotted for service on the Malay Peninsula with 4RAR
during the period. This rejection was supported by the fact that the
Clarke Report concluded that 4RAR also was not allotted to the Malay
Peninsula during the period September 1966 when Mr Heagney joined
the unit as a reinforcement in Malacca and September 1967, when the
battalion returned to Australia. The following excerpt is from the
Clarke Report :
14.129 As part of the Australian forces committed to
Confrontation, 4RAR was allotted for duty in Malaysia, arriving
in Sarawak in April 1966. The unit conducted operations there
until 11 August 1966 when the conflict ended with the signing of
the Treaty of
Bangkok The
battalion was then redeployed to Malacca for peacetime duties,
after which reinforcements joined the regiment. Those members of
4RAR who served in Borneo during Confrontation have full
entitlements under the VEA because they were involved in warlike
operations in connection with Confrontation. However, those who
made submissions to the Review were reinforcements who did not
join 4RAR in Malaysia until after its move to Malacca when
Confrontation had ended. Even though the Malay Peninsula
remained an operational area until 30 September 1967, no units
were allotted to the area after 14 September 1966, the date of
which coincides with the withdrawal of 4RAR from Borneo and its
move to Malacca.
14.130 In considering whether the
service of 4RAR in Malacca was warlike. the Committee notes that
the official Army history states:
At the conclusion of `Confrontation'
in early September the bases occupied by 4RAR were handed over
to 3 Royal Malay Regiment (3 RMR). By 10 Sep 66, 4RAR was
completely relocated to Malacca ... 1967 provided peacetime
soldiering at its best.
"1751
14.131 In this regard, the Committee
understands that the tasks of 4RAR in Malacca were garrison
duties and jungle warfare training.
14.132 The fact that Malaysia
remained an operational area until 30 September 1967 does not
mean that all units that served in the operational area up until
that time were regarded as having eligible service under the VEA,
because the VEA also requires that a person be allotted for duty
in the operational area. Allotment demonstrated that the person
was engaged in activities connected with a warlike operation or
state of disturbance. The Committee understands that the 30
September 1967 cut-off date under the VEA was the day before the
date of commencement of Statutory Rule 1967, No. 134, which
repealed the Special Area Regulation deeming the area as
operational, and was the date 4RAR returned to Australia. It
appears that 4RAR was not allotted to any operation on the Malay
Peninsula after 12 August 1966 but remained a contingent force
for redeployment on operations if hostilities resumed, which
they did not.
14.133 The service by 8RAR, which
replaced 4RAR, mainly involved exercises and `work up' for a
tour in South Vietnam.
14.134 The Committee concludes that
service
in 4RAR and 8RAR on the Malay
Peninsula after the end of Confrontation was peacetime service
and does not meet either the warlike or the non-warlike service
criterion.
3.
The following extract from
the Clarke Report deals with warlike and non-warlike service :
Warlike and non-warlike service' are
terms the Australian Defence Force (ADF) has used since 1994 to
classify service for the purposes of pay and conditions. In
1997, definitions of warlike and non-warlike service were
inserted into the VEA by the Veterans' Affairs Legislation
(Budget and Compensation Measures) Act 1997 effective from 13
May 1997.
10.9 Warlike service' under the
VEA is defined in s. 5C (1) as service in the ADF of a kind
determined in writing by the Minister for Defence to be
warlike service. A declaration of warlike service gives
access to compensatory payments such as the disability
pension. It is also qualifying service for service pension
purposes under the VEA. In 1993, Cabinet agreed that warlike
service refers to those military activities where the
application of force-is authorised to pursue specific
military objectives and there is an expectation of
casualties. These operations encompass but are not limited
to:
a state of declared war,
conventional combat operations
against an armed adversary, and
peace enforcement operations
that are military operations in support of diplomatic
efforts to restore peace between belligerents who may not be
consenting to intervention and may be engaged in combat
activities (normally, peace enforcement operations will be
conducted under Chapter VI/ of the United Nations Charter,
and in these cases the application of all necessary force is
authorised to restore peace and security).
4. To emphasise Lt Col Avery's point
above, the Mohr Report noted deficiencies in the manner in which
past reviews failed to research adequately or to analyse researched
material adequately and therefore reached questionable conclusions:
Research and Analysis
A great deal of Cabinet and other high level
documentation was accessed from National and Defence
Archives. On some occasions this material provided a
perspective on the background to an alleged anomaly quite
different to that stated in past reviews. It seemed to me
that this material had not been previously researched or, if
it had, it had not been carefully analysed, before past
decisions were taken.
5. Justice Mohr
warned that any such errors do not stop where they are made. They
take on a life of their own and the error is compounded :
6. A clear understanding of a movie, discussion or argument et
al, is more difficult if not impossible, if the raison d'etre
or other vital clues and issues are missed by a late entrance. This
was Justice Mohr's view :
One of the principles followed by the Review in examining
whether or not an anomaly had occurred was, as far as was
practicable, to research and understand the raison d'etre for
ADF deployments to South-East Asia. This close scrutiny has
found, in my view, that some aspects of procedure and process in
administering entitlement to medals and repatriation benefits
are themselves in need of clarification or review.
7. Without understanding the raison d'etre for ADF
deployments to South-East Asia in that era, to use as a reference
benchmark against which subsequent service anomalies of the time can
be compared, any retrospective examination is doomed to conclusions
based on personal preferences or opinions or other non-objective and
partial agenda.
8. Justice Mohr makes this further point under
Responsibilities of the Departments of Defence and Veterans' Affairs
: "....when the nature of past defence force service is being
reviewed, it is axiomatic that those who understand the nuances of
what is involved should do this." Axiomatic is not a suggestion.
9. I shall be apologetic and pleased to stand corrected
but with no disrespect at
all intended, it does not appear
that much attention was paid to that unambiguous recommendation in
the selection of the very next committee to review past defence
force service. I would have thought that any 4 RAR officer who
served with the battalion during this period would be worth
interviewing to get some understanding of the nuances of what was
involved. I have no idea if any other 4 RAR officer was interviewed.
I have no legal qualifications or training and save for
Courts-Martial experience as a Defending Officer, no conventional
legal experience but I did serve as an infantry officer with 4 RAR
in Australia, on the Malay Peninsula and in Sarawak, including
leading a 10-day, platoon-sized, illegal armed invasion of
Indonesia, euphemistically termed a "cross-border" patrol. I
subsequently served as the GSO3 Intelligence and then GSO2
Operations of the 6th Task Force and as the GSO3 Intelligence
of the 1St
Australian Task
Force in Vietnam. Military history is my main interest and I have a
working understanding of the nuances of what was involved in
Australian Army deployments to South-East Asia in that era.
10. The Australian
Government does not now and did not over the last five decades,
casually commit forces overseas. Between the end of the British
Commonwealth Occupation Forces' (BCOF) commitment in Japan and prior
to the complete withdrawal of Australian forces from Vietnam in the
early 1970s, no large contingents of the Australian Army were
deployed into SE Asia for peacetime or training purposes. So for
Australian forces overseas in that period, it was not peacetime
soldiering. Between Korea and Vietnam, the only significant overseas
deployment of Australian troops was to 28th Commonwealth
Infantry Brigade Group (28 CIB), a component of the British Far East
Land Forces (FARELF), located in Terendak Garrison at Malacca,
Malaya (subsequently Malaysia), with the overall command HQ
Australian Army Force (HQ AAF FARELF), located in Singapore. These
were part of the Far East Strategic Reserve (FESR).
11. The following extracts from the Mohr Report deal with the
formation and roles of the FESR
- On 1 Apr 55 the Prime Minister (Mr
R G Menzies, as he then was), made a statement in which he
referred to his recent trip overseas and the discussions he had
had relating to the defence of Malaya. He announced that he
would be proposing to Parliament that Australia contribute
forces to a strategic reserve based in Malaya. The United
Kingdom and New Zealand would
also
be contributing forces to the Reserve.
Australia's contribution was to be:
Naval Forces: two destroyers or two
frigates, an aircraft carrier on an annual visit and additional
ships in an emergency.
Armed Forces: an infantry battalion
with supporting arms and reinforcements to be held in Australia
and called upon if need be.
Air Forces: a fighter wing of two
Squadrons, a bomber Squadron and an Airfield construction
Squadron.
-
Primary and Secondary Roles
After much discussion the following
primary and secondary Roles of FESR, which were common not only
to the ADF component of FESR but to the British and New Zealand
components as well, were agreed:
Primary Role:
The primary role of the Strategic Reserve in accordance with
the purposes of the South East Collective Defence Treaty, is to
provide a deterrent to, and to be available at short notice to
assist in countering further communist aggression in South East
Asia. Further the role it will take is to form part of the force for
external defence of Malaya and Singapore.
The Strategic Reserve may, at the direction of the Commander
in Chief (Far East) be employed in defence operations in the event
of armed attack against Malaya or Singapore. The Strategic Reserve
or units thereof will not be otherwise committed for the use of
force in its primary role without reference to the ANZAM Defence
Committee except as specified.
- Secondary Role:
- The secondary role of the Strategic Reserve is to assist
in the maintenance of the security of Malaya by participating in
operations against communist terrorists. Units of the Strategic
Reserve may be employed in its secondary role to the extent such
employment does not prejudice the readiness of the Strategic
Reserve to perform its primary role.
- On 20 Apr 55 Mr Menzies spoke in Parliament on the
subject of Foreign Affairs and Defence. In the course of his
speech he repeated the contribution Australia would make to FESR.
He went on to mention the possibility
of
Australian Forces in FESR
being used in anti-bandit operations but left the question open
pending further discussion.
12. As can be seen, the raison d'etre for the
employment of Australian forces in the FESR was to counter Communist
aggression in SE Asia and to defend Malaya and Singapore. This
evolved into the "domino theory" which was the concept of `forward
defence' - the `better to fight them before they reach Australia'
philosophy and
the prime reason given why troops
were committed to Vietnam.
Neither FESR role was a peacetime role in the same sense that
service in Australia at that time was peacetime service, because in
Australia, absolutely no threat from armed anti-government forces
existed and in SE Asia, it did and still does.
13. Consequently, armed troops who were sent to deter and
counter such armed anti-government forces by operating against them,
were automatically in harm's way. Under the ADF's 1994 definition of
`warlike service' inserted in 1997 in Section 5C (1) of the VEA
1986, these were: "conventional combat operations against an
armed adversary.... with an expectation of casualties" (see
paragraph 3 above). No amount of revisionist rewriting of history or
reworking of definitions of what was warlike and what was
non-warlike and what was neither, four decades or more earlier, can
change that.
14. Under the umbrella of the FESR's aggressive/defensive
execution of the primary and secondary roles in the defence of
Malaya/Malaysia and Singapore, the accepted threat varied in
intensity from time to time and the status of the area vis-a-vis
entitlements to repatriation etc benefits, changed according to
Australian Government assessments and decisions. Following the
signing of the 11 Aug 1966 Treaty of Bangkok, the Malay Peninsula
continued to be an operational area in terms of the Special Overseas
Service Act (SOS) 1962, until midnight on 30 Sept 1967.
15. From the Mohr Report :
- The Defence Committee's view is
that, having regard to the inability to predict in what
areas infiltrators would operate, the continued activity in
this sphere, and the fact that the whole of the Malayan
Peninsula has been declared a security area under the
Malaysian Security Act, it would be appropriate now to
declare the Malayan Peninsula (including Singapore and
adjacent waters) a special area for the purposes of
eligibility for repatriation benefits.
- Should the whole of the Malayan
Peninsula be prescribed as a special area as proposed, the
effect would be to extend the cover for repatriation
eligibility to all areas in south East Asia in which our
servicemen are engaged, or likely to become engaged, in
operational activities in present circumstances as all other
areas in Malaysia [i.e. Thai/Malay border) and South Vietnam
are already prescribed as special areas."
- Decision No 1042 of 7 Jul 65,
Cabinet approved the whole of the Malayan Peninsula and
Singapore being declared a `special area' under the SOS Act
1962. Eligibility for repatriation benefits arising from
this decision was to be confined to those personnel who were
specifically allotted for special duty
in relation to Communist terrorists in the Thai/Malay border
area and Indonesian infiltrators.
This decision is
reflected in Item 5 (Thai/Malay border) and Item 7
(remainder of Malayan Peninsula) of Schedule 2 to the VEA
1986.
- The
relevant operational area is detailed in Item 7 of Schedule
2 to the VEA 1986 and covers the period from 17 Aug 64 to 30
Sep 67 inclusive.
16. Accordingly as noted in the Mohr Report above, this
meant that :
17. According to the Government's own sanctioned table,
members on posted strength during the period August 1965 when the 4
RAR advance party arrived and 30 September 1967, qualified for the
GSM 1962 with Clasp
'Malay
Peninsula', plus qualifying service for both disability and service
pensions. This subsequently included the Malaysian PJM. So what is
the purpose forty years later of legislating to deny these men their
earned entitlements?
18. If that is an incorrect interpretation, then the
table above and Cabinet Decision 1042 of 7 Jul 1965 are ambiguous
and the Mohr committee's interpretation of the Cabinet Decision and
Item 7 of Schedule 2 to the VEA 1986, was wrong. If they are not
ambiguous and the interpretations are correct, the members were
wrongly denied their entitlements and the situation should be
rectified without delay.
19. Members on posted strength during that period in
addition to those who arrived from Australia before the forward
echelon was deployed to Sarawak, included :
- reinforcements direct from
Australia to Sarawak,
- reinforcements direct from
Australia to Malacca before the return of the forward
echelon from Sarawak; and
- reinforcements to Malacca after
the return of the forward echelon from Sarawak. The Clarke
committee was only aware of the reinforcements after the
battalion's return from Sarawak.
20. As part of the FESR's secondary role, Australian forces
tracked down, engaged and killed and wounded Communist terrorists (CTs)
in jungle patrols on the Malay Peninsula and the Thai/Malay border
region. Later, they intercepted and captured armed infiltrators from
Indonesia on the lower Malay Peninsula. This is why the FESR was
raised and then located in Malaya and then Malaysia and Singapore.
This role could not be effectively carried out from Australia,
Britain or New Zealand. Hence it cannot even be remotely equated to
service at home.
21. In the primary role, Australians had major engagements
with Indonesian regular Army units in the jungles of Sarawak, in
which they killed and wounded Indonesian soldiers and were killed
and wounded themselves or otherwise died or were injured. They also
launched numerous top secret, highly-illegal, armed invasions deep
into Kalimantan, Indonesia from their bases in Sarawak. The reason
both 3 RAR and 4 RAR were deployed to Sarawak from Malacca, was
because as stated above, the primary role had precedence over the
secondary role and the British, New Zealand and Gurkha battalions
remaining in Malacca were available to fill the secondary role.
22. It seems from the evidence in its report
that the Clarke committee made an inexplicable albeit significant
error in regard to 4 RAR's service on the Malay Peninsula. The
Clarke Report notes :
As Dad of the Australian forces committed
to Confrontation, 4RAR was allotted for duty
in
Malaysia, arrivinq in Sarawak in April
1966.
The unit conducted operations there
until 11 August
1966 when the
conflict ended with
the signing of the Treaty of Bangkok. The battalion was then
redeployed to Malacca for peacetime duties, after which
reinforcements joined the regiment.
In February
1965, 3RAR and a
Special Air Service (SAS) squadron were sent to Borneo at the
request of the Malaysian Government. 3RAR was replaced in
April
1966 by the 4th
Battalion Royal Australian Regiment (4RAR)
23.
The Clarke committee's understanding is that 4 RAR's allotment for duty in Malaysia began
in Sarawak in April 1966 where it relieved 3 RAR and when its tour was complete, it was then moved to Malacca rather than being returned
to Australia. It was then reinforced. None of this was so:
- 4 RAR did NOT replace 3 RAR in Borneo or anywhere else in
April 1966. In April 1966, 3 RAR had been ensconced in its lines in
Woodside SA for seven months. This is not a minor unimportant error
of fact.
- 4 RAR was allotted, allocated, assigned, posted or whatever
the applicable term was in those days, for duty in Malaysia and
arrived in Malacca on the Malay Peninsula during August and
September 1965. It officially replaced 3 RAR in Malacca and assumed
all Australian operational responsibilities
on
the Malay Peninsula, on 5 October 1965.
- 4 RAR began patrolling the beaches in its sector of Terendak
Garrison against the threat of Indonesian infiltrators with first
line ammunition and Rules of Engagement, in September 1965. For the
uninitiated, that meant full-on operational service - in other
words, shoot to kill. This is the complete opposite of peacetime
service.
- 4 RAR did NOT conclude its operations in Borneo on 11 August
1966. Its last operation was on 1 September 1966. National capitals
and the front lines operate under totally different circumstances.
Many men were killed in various conflicts after politicians signed
agreements to end hostilities. They were still dead.
- 4 RAR was NOT redeployed to Malacca from Sarawak for
peacetime duties. If that is what the Government believes, it needs
to produce copies of its orders from that time, redeploying the
battalion to Malacca specifically for peacetime duties. 4 RAR
returned to its base there and resumed its FESR role.
24. The Clarke committee understood that 4 RAR moved from
Sarawak to Malacca and was not allotted to any operation on the
Malay Peninsula :
It
appears that 4 PAR was
not allotted to any operation on the Malay Peninsula after
12 August 1966 but remained a contingent force for
redeployment on operations if hostilities resumed, which they
did not.
Even though the Malay Peninsula remained
an operational area until 30 September
1967, no
units were allotted to the area after 14 September 1966,
the date of which coincides with the withdrawal of 4RAR
from Borneo and its move to Malacca.
As Justice Mohr pointed out, this
understanding is to not understand the raison d'etre for
deployment to Malaysia.
25. 4 RAR did not need to be allotted to any
operation on the Malay Peninsula after 12 August 1966. It was
already allotted to the Malay Peninsula, which was already an
operational area as was Sarawak. After its service in Sarawak, 4
RAR's forward echelon simply returned to its lines in Malacca to
rejoin its rear echelon and the battalion resumed its duties in the
Far East Strategic Reserve.
- At the conclusion of Confrontation on 11 Aug 66, the
battalion was redeployed to Terendak. The forward
bases
were destroyed and the battalion was relieved in Bau by the
Battalion, Royal Malaysian Regiment (3RMR). 4 PAR was complete in
Terendak by 10 Sep 66 and reverted to its Strategic
Reserve role.
- The Battalion was not redeployed from Sarawak to Malacca, in
the same sense that it would have been had it come direct from
Australia to Sarawak (as the Clarke committee wrongly understands it
did) or as AIF units were redeployed from the Middle East to New
Guinea to counter the Japanese threat. By the time the forward
echelon returned from Sarawak in early September 1966, 4 RAR had
been on duty on the Malay Peninsula, a declared and current
operational area, for12 months.
- Aside from the fact it was only returning to its lines in
Malacca, how a battalion of the Royal Australian Regiment could
withdraw from the line in a forward operational area viz., Sarawak
and move to another current operational area viz., the Malay
Peninsula, without being allotted for duty there by higher
authority, needs explanation. Documentary evidence that 4 RAR was
'sent' from Sarawak to the Malay Peninsula as a contingent force for
redeployment on operations if hostilities resumed, needs to be
produced and tabled.
26. 4 RAR did not withdraw from Borneo and move to Malacca on
14 September 1966. I believe the unit records will show that the
battalion was complete in Terendak Garrison, save for a small rear
details' party, by 5 September 1966.
27. The Clarke committee also notes that hostilities did not
resume. That observation enjoyed the infallibility of hindsight. 4 RAR and the Australian Government from which the battalion received
its orders, had to act on current Defence Committee assessments of
the time. Those assessments noted that :
sphere, and the fact that
the whole of the Malayan Peninsula has been declared a
security area under the Malaysian Security Act, ft would be
appropriate now to declare the Malayan Peninsula (including
Singapore and adjacent waters) a special area for the purposes
of eligibility for repatriation benefits."
a) It is simply unrealistic
and naive for the Clarke committee to make such a judgment
in hindsight almost 30 years after the events. The Defence
Committee's assessment and the Australian Government's
declaration of the Malay Peninsula as an operational area
remained unchanged until 1 October 1967. Those were the
factors which determined whether 4 RAR's service on the
Malay Peninsula before or after its return from Sarawak
until 30 September 1967, was warlike or non-warlike.
28. When 4 RAR, the last major Australian unit deployed to
Sarawak, returned to its base on the Malay Peninsula in Aug/Sept
1966, as already noted, it resumed its FESR primary and secondary
roles. The entire FESR was a contingent force for the defence of
Malaysia and Singapore. The fact that hostilities had officially
ceased under the primary role in Sarawak and Brunei as a result of
the Treaty of Bangkok, had no effect whatsoever on the raison
d'dtre for the battalion's presence on the Malay Peninsula,
which was still a declared operational area and remained so until
midnight on 30 Sept 1967. That was business as usual. As a
contingent force, units of 28 Comwel Bde, earned the GSM with
Clasps, Malaya, Malay Peninsula and Borneo. There was
not the slightest reason for thinking something else would not erupt
merely because hostilities had formally ceased in Sarawak. If there
had been, the 28th Bde should have been disbanded in Sept
1966 and 4 RAR returned to Australia. Neither happened. Consequently
there was no official variation to either role.
29. The status quo on the Malay Peninsula remained unchanged
during 4 RAR's 4-month deployment from the Malay Peninsula to deal
with heavier and more continuous Indonesian incursions into
Malaysian territory in Sarawak. Sarawak is not a separate country
from Malaysia. It is a state of the Federation of Malaysia,
separated by sea from the mainland Malay Peninsula, just as Tasmania
is a state of Australia separated by sea from the mainland. The
Australian Government had access to current intelligence and threat
assessments at all times. It could not be pressured by external
parties to make decisions or take action against its will. If it had
seen fit to change the status of the area, it was free to do so. It
did not do so until 1 October 1967.
a) Confrontation ceased
with President Sukamo's fall in 1965, and a peace treaty between Malaysia and Indonesia was ratified in Jakarta on 11 August
1965.
31. This is the only
reference I have ever come across, which mentions a peace treaty
ratified in Jakarta on 11 August 1965, between Malaysia and
Indonesia heralding the end of Confrontation. If Confrontation
ceased on 11 August 1965, why was 4 RAR deployed to Sarawak in April
1966 with full repatriation benefits? And if 1965 is just a "typo"
for 1966, is Jakarta also a typo for Bangkok? On 1 October 1965,
five Indonesian Generals were murdered
in
their homes as part of a coup and General
Suharto replaced General Sukarno as President. No peace treaty with
Malaysia was involved.
32. In April 1966, the battalion was deployed from
its base on the Malay Peninsula to Sarawak. It left behind a rear
echelon to service the forward echelon in Sarawak, maintain the
unit's lines in Terendak Garrison, protect and otherwise look after
the battalion's families and receive and employ reinforcements from
Australia, until the return of the forward echelon from Sarawak.
This rear echelon was critical to the battalion's optimum
operational performance in Sarawak. Hence 4 RAR served on the Malay
Peninsula before during and after its deployment to
Sarawak.
33. In relation to service on the Malay Peninsula
after the battalion's service in Sarawak, the Clarke committee
concluded that it was peacetime service. It based its conclusion on
what it termed 'official Army history' but as best I can find, did
not specify the reference. However the quote used below by the
Clarke Report is contained in an official Army history titled
"Malayan Emergency 1965-1968" at the following web address :
Note: For the record, just as there was no.
peace treaty signed in Jakarta in August 1965, there was no
Malayan Emergency between 1965 and 1968. This is typical of the
sloppy, inadequate, unacceptable, indifferent and careless
research referred to by Justice Mohr. Qualifying service is at
stake and a Government review committee bases its conclusions
and recommendations on an "official Army history° which
headlines an event which never happened and nobody involved in
the entire Government knew the difference or bothered to check.
It is as a result of this kind of ignorance that Justice Mohr
noted in paragraph 8 above, the mistake takes on an enhanced
authenticity.
34. This single statement by an unidentified author,
unsupported by any other reference and backed
only
by a claim that the battalion which was
already allotted to FESR duties on the Malay Peninsula was not
allotted to any specific operation there, is tendered as proof that
4 RAR's service in Malacca after Sarawak was not warlike. I was
present as a witness at numerous hearings at sub-unit and unit level
in both Australia and Malaysia. No charge sheet in Australia, viz
the Australian Army Form A4 (AAF A4), ever contained the words While on War Service
or the abbreviation WOWS. In Malacca during
4 RAR's deployment there as a unit in the FESR, all charge sheets
contained in the wording of the charge against a soldier for
misconduct, the words WHILE ON WAR SERVICE or the
abbreviation WOWS. If service on the Malay Peninsula was the exact
equivalent to service in Australia, why was this difference in the
wording of the charge sheets?
35. The Clarke committee determined from an 'official Army
history', that 4 RAR's service on the Malay Peninsula after Sarawak
in 1966 was "peacetime soldiering at its best" and did not
meet the (1994) warlike or non-warlike criteria of the VEA 1986. It
would require significant spin, to define "war service" as
"peacetime soldiering at its best" and at the very least, the Clarke
committee should explain how it did so. I presume a unit cannot be
simultaneously on war service and peacetime service and as I recall,
the penalty levels increased with War Service and Active Service. So
it should have very important legal and other ramifications if all
soldiers who were charged and punished under war service conditions
in Malaysia in 1966-67, were found four decades later, to have been
incorrectly charged and punished. Ignoring any possible claims for
compensation, the court case alone would be expensive for the
taxpayer.
36. The Clarke Report notes that 4 RAR conducted operations in
Sarawak until 11 August 1966 when the conflict ended with the
signing of the Treaty of Bangkok. This clearly implies to the
uninformed reader that 4 RAR's operations in Borneo ceased on 11
August 1966 when Confrontation `ended' and the unit was redeployed
(an incorrect use of the term) to Malacca, presumably as soon as
practicable thereafter. The official Army history used by the Clarke
committee also notes that Confrontation 'concluded' in early
September 1966 (not 11 August 1966) while the Committee itself says
that Confrontation 'ceased' with the fall of Sukarno in 1965.
Multiple choice.
37. The facts on the ground in
Sarawak, were these:
- On 11 August 1966, the
battalion was notified by HQ 99 Gurkha Bde, that the Treaty of
Bangkok had been ratified and minimum security measures were to be
adopted. Any top-secret "Claret" patrols across the Indonesian
border were to be withdrawn and all
contact avoided. There was one platoon
over the border which was withdrawn amid the fervent hope that the
Indonesians had received the same orders. But even if their forward
units in Kalimantan were informed of the signing of the peace
treaty, the illegal invasion by Australian troops was another matter
entirely and the Indonesians would have been well within their
international rights to make contact with them and take offensive
action against them. What international repercussions would have
followed such an interesting clash, would have been challenging for
Australian diplomats. To be on the wrong side of the Gunong Raya
separating Sarawak and Kalimantan by mistake, was the equivalent of
crossing the Blue Mountains on foot without realising it.
- On 13 August 1966, 99 Bde directed the battalion to resume
full security measures and revert to its positions as at 10 August.
4 RAR returned to full alert and offensive patrols were resumed,
with the exception of Claret patrols.
- On 18 August, the battalion was again ordered with immediate
effect, to avoid any incidents or provocative acts and patrols were
again to revert to base protection only.
- At approximately 0300 on 21 August, following information
from a villager from Kampong Gumbang who ran the 1.3kms through the
jungle to D company's forward base at Gumbang, 10 Platoon
intercepted a party of eight border crossers who because of the 18
August orders were not killed but handed over to the police. In the
morning, the patrol policy of 18 August was reversed. Units were
ordered to revert to maximum alert, redeploy to the 10 August
positions, resume full offensive patrols and destroy any incursion
parties.
- On 29 August, 3 RMR companies relieved the forward companies
of 4 RAR.
- On 1 September, 182 Recce Flight which was attached to and
under command 4 RAR for its entire Malaysian tour, flew its last
operational sortie and therefore completed 4 RAR's last operational
mission in Borneo.
37. All this is a matter of record. So how can it be officially declared by a Government review
committee that 4 RAR "... conducted operations there until 11
August 1966 when the conflict ended with the signing of the Treaty
of Bangkok"?
4
RAR conducted operations in
Sarawak until and including 1 September 1966. Anyone who recorded 11
August 1966 when the Peace Treaty was signed in Bangkok, as the date
4 RAR concluded operations, was not present in Borneo at the time,
nor did they research unit records andlor commanders' diaries. So as
Justice Mohr noted, each time that mistake was regurgitated, it took
on a more enhanced (but totally unwarranted and undeserved)
authenticity.
38. The Clarke
committee relied on "official Army history" for its 'understanding'
of critical facts. Unfortunately, official histories, Army or
otherwise, are unreliable at best for many reasons. Justice Mohr
notes one flagrant example :
a. It is axiomatic that one must get the facts right in an area
as sensitive as Honours and Awards. This, however, was not a/ways
the case. A prominent example is the official distribution of a
flawed table of ships allotted to the Far-East during the Indonesian
Confrontation. This flawed list has, until now, denied some
personnel being awarded campaign medals and repatriation benefits.
It behoves the Services to get it right the first time, an error
such as this is indefensible.
39. One wonders how the RAN could not know what ships it
allotted to the Far East during Confrontation. Peter Cabban provides
an insight as to how that may have come about in his book "Breaking Ranks",
the story behind the HMAS Voyager scandal,
meaning a blatant and subsequently exposed cover up by both the RAN
and the Federal government Servicemen's pension entitlements rested
on this kind of inaccuracy and inefficiency, lies, subterfuge and
fraud.
40. With that point in mind, Justice Mohr makes this
observation :
I
believe that in making retrospective
examinations on the nature of service many years after the event, as is now the case, the
concepts and principles involved should be applied with an open mind to the interests of
fairness and equity, especially if written historical material is unavailable for
examination or is not clear on the facts.
41. One example of historical material not available for
examination is Cabinet secrets. These are released every New Year's
Day, thirty years after the fact, to ensure that memories have
dulled, major players will have passed on and it will be of nothing
more than prurient interest to the general public. Any `official
Australian Army history' written before 1996, would not have
included Australia's (and others') armed invasions of Indonesia
during Confrontation, because the British Cabinet did not release
the documents containing the admission until then and then it did so
very quietly. So any retrospective examination of Borneo as to why
certain events happened or didn't happen, would need to include
those facts but it couldn't, because the facts were not available
and were therefore unknown to the historian. Hence the 'official
history' could not be considered totally reliable. No official
history can be. Refer to the official Japanese histories of World
War 2. History is one person's opinion, based on a theory that he or
she holds about what happened and supported by known facts selected
by the author to `prove' that theory.
a) For example, a very senior Indonesian commander in
Kalimantan did not know until many years later, that his life
was 'spared' by a 22 SAS patrol which had set a river ambush for
him deep in Kalimantan. Just as his boat entered the killing
ground, some nubile young women appeared on the deck. Although
there was no question the target was aboard the vessel, the
patrol commander decided not to take innocent civilian lives and
never triggered the ambush.
A
few years ago, the General involved
was a guest of 22 SAS Regiment in Hereford UK and he presented
the former members of the patrol with gifts for sparing his
life. The repercussions of his death would have had a
significant impact on Indonesian operations in Borneo - and vice
versa but the uninformed could not possibly know why until 30
years later and then only if they found out.
42. So for determining repatriation benefits for warlike
service in Sarawak, what should be the cut-off date? What if any is
the significance of 11 August 1966 in terms of repatriation benefits
and qualifying service and why is it continually mentioned in
service reviews? Should a reinforcement to 4 RAR in Sarawak on 12
August 1966, not qualify for the GSM 1962 with Clasp "Borneo" and
qualifying service for all repatriation benefits, because according
to one inaccurate 'official Army history', the conflict ended the
day before? Would everyone on posted strength in Sarawak until
midnight 1 September 1966 qualify, or would it be the date the
battalion was complete in Malacca, marking the actual end of its
deployment to Sarawak? And when was the date the battalion was
complete in Malacca - when the main body arrived back or when the
rear party arrived back?
43. How would a former soldier with no access to Cabinet
records and other high level documentation from National and Defence
archives, ever be in a position to convince DVA, the VRB and/or the
AAT, that he was on an operational patrol in Borneo on 21 August
1966, when the Government says 4 RAR stopped operations on
11
August 1966? The soldier
knows he is right and he is and the Government thinks it is right -
but it isn't. So his application is rejected as are others and the
incorrect Government position, as Justice Mohr points out, takes on
an enhanced authenticity by regurgitating material which had either
not been researched at all or not carefully checked and analysed.
44. Justice Mohr observed :
The Repatriation Legislation in force
covering the period of Confrontation was the Repatriation
(Special Overseas Service) (SOS) Act 1962. Under this Act,
eligible service depended on being `allotted' for `special
service' in a 'special area' and actually serving in
a
`special area'. Service in
a `special area' while allotted for special duty meant service
that was directly related to the warlike operations or state of
disturbance in the area.
45. How can a member such as Mr Heagney, who was on the posted
strength of an FESR unit,
viz.,
4 RAR, which was allotted to an
operational area and both member and unit served continuously in
that area during the period the area was officially declared an
operational area under the SOS Act 1962, not have been allotted for
duty to that unit? How can it possibly be argued validly that the
unit was not allotted for duty to the area? The criterion should be
- Was the service performed as ordered? If so, the unit and all of
its members are entitled to all and any benefits attaching, none of
which is lucrative and all of which are compensatory for injuries or
illnesses sustained. The Government grandly hands out taxpayers'
money like a man with 10 arms to all and sundry but fights its
servicemen tooth and nail to deny them their entitlements for
service rendered.
46. RAN units serving in the area during this period, were
awarded the GSM1962 with Clasp "Malay Peninsula" and qualifying
service for disability and service pensions. According to the Mohr
Report, Army and RAAF units inexplicably missed out because of some
incredible administrative oversight by the Army and RAAF in failing
to "allot" their respective units while the Navy diligently did so,
even though they weren't sure which ships they allotted and which
they didn't. Who fired a single shot in anger at the Navy on the
high seas? If there was an administrative error or oversight, why
does the soldier, who simply obeys orders without question under
risk of significant penalty, suffer any consequences? The criterion
should be - Was the service performed as ordered? If so, he is
entitled to all the benefits attaching, none of which is lucrative
and all of which are compensatory for injuries or illnesses
sustained. Surely there must be some moral imperative that renders
this incongruity totally unacceptable?
47. I don't believe this anomaly applies to 4 RAR because it was whether the word "allotted" was used or not in
ordering it to the Malay Peninsula, it undoubtedly qualified for the
Clasp Malay Peninsula" on operations from September 1965,
which it also never received. On top of that, the 4 RAR mainbody was
at sea both enroute to Sarawak in April 1966 and returning from
Sarawak in September 1966. Would it not have
qualified with the RAN which was medalled with qualifying service
for sailing the same area on the same sea at the same time? How can
one be under threat and the other not, in the same area on the same
sea at the same time? This of course creates a very obvious and
inexplicable anomaly. If it is not, a clear concise explanation is
needed.
48. From the Mohr Report :
As discussed in detail under that part of
this Report dealing with the anomaly of seagoing Naval forces of
FESR, because of the administrative
difficulties in administering this 'on duty' concept, Cabinet
decided that eligibility for repatriation benefits would be
afforded on the basis of `any occurrence' while allotted to FESR
ie, actual engagement with the enemy was not a prerequisite for
eligibility, only being allotted for duty with FESR
was sufficient. This was a Cabinet decision. How
can it possibly be ignored? 4 RAR was an FESR unit operating in
a declared operational area. What administrative oversights or
shortcomings may have been involved in retrospect are
irrelevant. The unit did not get there without being ordered
there by the Government.
49. Justice Mohr concludes :
|