CVZG and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for a service pension by CVZG, an alleged allied veteran, against the Repatriation Commission. The applicant claimed to have served with the Republic of Vietnam Armed Forces from April 1972. The Repatriation Commission had decided that CVZG was not eligible for a service pension, a decision that was affirmed on review, on the basis that he had not rendered qualifying service as an allied veteran. The case came before Brigadier AG Warner, Member, of the Tribunal.

The Tribunal was required to determine whether CVZG incurred danger during a "period of hostilities" as defined by the *Veterans' Entitlements Act 1986* (VEA), and whether he rendered "qualifying service" under sections 5C and 7A of the VEA. Specifically, the Tribunal had to be reasonably satisfied that CVZG, as an allied veteran, had incurred danger from hostile enemy forces between April 1972 and 11 January 1973.

The Tribunal acknowledged the difficulties in assessing claims from events that occurred during wartime, particularly given the passage of time and potential issues with record-keeping in the South Vietnamese forces. While the Tribunal was satisfied that CVZG was an allied veteran and likely involved in combat between January 1973 and the end of the Vietnam conflict, it could not be reasonably satisfied that he incurred danger from hostile enemy forces prior to 11 January 1973. This was due to a lack of documentary evidence verifying his enlistment in April 1972 and substantiating his claims of incurring danger during that specific period. Consequently, the Tribunal affirmed the decision of the Repatriation Commission.