McShane and Repatriation

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2002] AATA 1349

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No W2002/61

VETERANS' APPEALS  DIVISION		)
Re		JOHN BRUCE McSHANE

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Brigadier R D F Lloyd, Member

Date20 December 2002

PlacePerth

Decision The decision under review is affirmed.

…..........(sgd R D F Lloyd)....................

Member

·     Exhibit A2:  Statement of evidence by Mr McShane dated 10 December 2002.

No additional documentary evidence was provided by the respondent.

4.      The applicant gave oral evidence at the hearing underlining important aspects of and expanding upon his written statement of evidence (exhibit A2).  He was cross-examined by the respondent and answered a number of questions posed by the Tribunal.  As a consequence, the Tribunal regards him as an honest and forthright witness, an opinion supported in the hearing by the respondent's representative.  Mr McShane is particularly clear in his recollection of dates, locations and other aspects of his Service activities.  This, the Tribunal notes, is readily understandable in view of the special type of activity with which the applicant was involved for all of his military service.  This aspect is of particular relevance in the Tribunal's consideration of this matter, as referred to later in these Reasons.  No other witnesses were called to give evidence by the applicant's advocate and none by the respondent.

5.      The applicant served in the RAAF from 25 July 1955 to 24 July 1967.  His mustering was telegraphist.  According to his evidence relating to his service (exhibit A2) he states that after RAAF basic training at Richmond and training at the RAAF School of Radio, he was subsequently posted to 3 Telecommunications Unit (3TU).  There he received training in radio interception and logging of radio morse activity originating from a variety of countries.  He was then posted overseas.  He states in exhibit A2 as follows:

“In April 1957 I was posted to 1 Bomber Squadron, Tengah, Detachment A, Labuan, North Borneo to relieve Corporal George Emery.  The posting was B Grade and intended to be for a period of 12 to 15 months.  Prior to leaving Australia, I was told that I would qualify for "war service". 

I arrived in Singapore on Saturday 13th April 1957 with a Corporal Tim Crowley, and his group departed for RAAF Butterworth..  There was some delay with the RAAF aircraft that was due to leave for Labuan.. I arrived in Labuan on the 19th April 1957 [year amended from 2002 by the applicant at the hearing] and was allocated duties operating Radio Direction Finding equipment…”

6.      The Labuan posting lasted only 4 to 6 weeks, according to the applicant, when operations there were closed down.  He was given the choice of returning to Australia or to proceed to Hong Kong for 2 and a half years, which was an A Grade posting.  He chose the latter, i.e. Hong Kong.  He goes on to state in exhibit A2 as follows:

“I arrived at 367 Signals Unit RAF, Little Sai…