'Fog of war' blamed for VC denials

The grave of John Simpson Kirkpatrick, "the man with the donkey" at Anzac Cove, Gallipoli. Source: Supplied

THE family of an Australian war hero is devastated he will not receive a retrospective Victoria Cross for giving his life for his country and comrades.

World War II navy hero Teddy Sheean, ANZAC legend John Simpson Kirkpatrick and 11 other Australians have been denied the nation's highest military honour following an exhaustive 14-month inquiry.

Mr Sheean's nephew, Garry Ivory, said the family was "devastated" by the decision of the independent Honours and Awards Tribunal, but he vowed to press on with the fight to have his uncle's Mentioned in Dispatches upgraded to a higher award.

"This is a kick in the guts for the famly and the navy," Mr Ivory said.

Leading Seaman Sheean strapped himself to a gun and went down firing when HMAS Armidale was sunk during World War II.

Private John Simpson Kirkpatrick with donkey Murphy on a rescue mission during the Gallipoli campaign.

"We thought that if he didn't get the VC, at least he would have been upgraded from an MID," Mr Ivory said.

"We never say never and if there is any opening for an appeal we will take it."

Sources close to the inquiry said they felt sorry for the family but it was a case of "sympathy versus reality".

"This really is a fog-of-war issue, but what about the 75 names in the War Memorial from World War I who were actually recommended for VCs and missed out," a source said.

None of the 99 VCs awarded to Australians has gone to a sailor and just 53 of the 1354 awarded overall have been awarded to navy personnel.

Simpson and his donkey carried wounded soldiers to the beach at Gallipoli and are immortalised with a statue at the Australian War Memorial, but the tribunal found no new evidence that he was any braver than other stretcher bearers who served and died at Gallipoli.

The Gillard Government spent hundreds of thousands of taxpayer dollars conducting an inquiry that was, according to the report of the tribunal's own conclusions, essentially over before it began.

Dozens of hearings were conducted around the nation and hundreds of submissions were received, but the 454-page report found that it wasn't possible to recommend honours in the old imperial awards system.

Defence actually provided the 13 names to the rTibunal and then argued against them.

Australian Honours were introduced in 1991, decades after any of the 13 incidents took place.

Unlike imperial honours, the Australian awards can only be changed in cases of clear maladministration or if there is compelling new evidence.

"Extreme practical difficulties, such as gathering reliable evidence about past actions as well as the problem of second-guessing the commanders of the time, make retrospective recognition difficult and likely to damage the integrity of the Australian honours and awards system," the report says.

The only upgraded award recommended by the inquiry was a Unit Citation for Gallantry for the crew of the 1500-tonne sloop HMAS Yarra, which was sunk after she took on a vastly superior Japanese force in March, 1942.

The crew of another World War II ship, HMAS Perth, is likely to also be awarded the UCG in the coming months.

THOSE DENIED

Private John Simpson Kirkpatrick, WWI, aged 22

Gunner Albert Cleary, WWII, 22

Midshipman Robert Ian Davies, WWII, 18

Leading Cook Francis Bassett Emms, WWII, 32

Lieutenant David John Hamer, WWII, who died in 2002 aged 78

Lieutenant Commander Robert Rankin, WWII, 36

Lieutenant Commander Francis Smith, WWII, 33

Leading Seaman Ronald Taylor, WWII, 23

Able Seaman Dalmorton Rudd, WWII who died in 1963 aged 90

Ordinary Seaman Edward Sheean, WWII, 18

Leading Aircrewman Noel Shipp, Vietnam War, 24

Lieutenant Commander Henry Stoker, WWII , he died in 1966 aged 81

Captain Hector Waller, WWII, 41

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