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MISSING-IN-ACTION PRESUMED KILLED: RECOVERY OF HUMAN REMAINS OF AUSTRALIAN DEFENCE FORCE MEMBERS

 

INTRODUCTION

 

1.        Following the cessation of hostilities in conflicts in which ADF members have been involved some ADF members are officially listed as Missing-in-Action (MIA). Of those members listed as MIA, some are eventually located as Prisoners-of-War (POW), others are untraceable and recorded as MIA Presumed Killed. Occasionally, the ADF is notified of the discovery of human remains which are believed to be the remains of an ADF member.

 

AIM

 

2.        The aim of this Instruction is to state ADF policy on the recovery and burial of human remains and to provide guidelines for authorities receiving information on the location of possible human remains of ADF members.

 

RECOVERY AND BURIAL OF HUMAN REMAINS

 

Burial of War Dead -Background

 

3.        During World War I, the Imperial War Graves Commission (now known as the Commonwealth War Graves Commission) was established to record and mark the graves of the Empire's war dead, to apply equality of commemoration regardless of rank, race or creed, and to provide maintenance in perpetuity for the graves of all Commonwealth military personnel killed in conflict at the war's end. The Australian Government, acting in conjunction with other British Commonwealth Nations, instituted a policy which prohibited the repatriation of the remains of Commonwealth military members to their homeland. It was further agreed by the Commonwealth Nations that military personnel killed in war would be buried in the nearest War Graves Commission Cemetery to the place of death. Following World War II, the Commonwealth Nations, including the Australian Government, reaffirmed the policy which remains extant.

 

4.        In 1966, the Australian Government authorised a variation to the burial policy whereby the remains of Vietnam casualties could be repatriated to Australia, if the next-of-kin (NOK) so desired. However, the Government stressed that where personnel had already been buried overseas (including Vietnam casualties), permission would not be given for disinterment for reburial in Australia. The Government stressed that the variation to policy only applied to circumstances existing at the time in Vietnam and that if operational circumstances changed the wartime procedure for burial in the area of death would be reinstated.

 

Burial of War Dead -Policy

 

5.        In accordance with Australian Government policy, where human remains are reported to the ADF and those remains are verified to be those of ADF members listed as MIA Presumed Killed, the following apply:

 

a.    For ADF members serving during World Wars I and II, the remains are to be buried in the nearest Commonwealth War Graves Commission cemetery to the place of death.

 

b.    For ADF members serving during the Korean War, the remains are to be buried in the United Nations Memorial Cemetery, Pusan, Korea.

 

 

 

 

PERS 8/13/97

15 AUG 97

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c.    For Vietnam casualties only, the remains may be repatriated to Australia, if the NOK So desire.

 

d.    Where any ADF personnel have already been buried overseas, disinterment for reburial in Australia will not be approved.

 

Investigations

 

6.        The ADF will investigate the discovery of human remains alleged to be those of an ADF member, or members, only where there is strong circumstantial or definite evidence that such an allegation is justified.

 

7.        When Service authorities are satisfied that justification exists for the commencement of an investigation into the recovery of some human remains, the approving authorities for single Service investigations are the Service Deputy Chiefs. For tri-Service investigations, or investigations where the Service connection is unknown, the Head of the Defence Personnel Executive is the approving authority.

 

8.        Where the remains are situated outside Australia, the investigating authority is to liaise with the appropriate section of the Department of Foreign Affairs and Trade in an endeavour to obtain the assistance of the appropriate foreign authorities to carry out verification inquiries or to seek appropriate foreign liaison authority contacts for further ADF action on the investigation.

 

Note:  DI(AF) ADMIN 11-3 -Recovery, Identification and Disposal of Human Remains and Marking of Aircraft Wreckage, provides guidance on investigations relating to wreckage of unidentified aircraft

 

Responsibility for the Recovery of Human Remains of Australian Defence Force Members

 

9.        The ADF retains responsibility for the recovery of human remains of ADF members killed in conflict. Where the remains are alleged, or identified, as belonging to those of a member of a specific Service, then that Service is responsible for the recovery of the remains. Where the remains are non attributable to a specific Service, Defence Personnel Executive, acting in conjunction with the Services, will carry responsibility for the recovery. Once remains have been identified as those of an ADF member, the investigating authority should contact the Office of Australian War Graves (OAWG), Department of Veterans' Affairs. Depending on the conflict to which the remains relate, the OAWG will advise of the appropriate cemetery in which the remains should be interred. In the event that the remains cannot be identified as belonging to those of an ADF member, or member of an allied force, the remains are to be handed over to the appropriate civilian authority for burial. If it is considered that the remains are those of a member of an allied force, or of a former enemy, then arrangements should be made to hand over the remains to the authorities of the relevant country.

 

Evidentiary Guidelines

 

10.      Allegations that the remains of MIA members of the ADF have been located need to be supported by strong circumstantial or definite evidence before public funds are used to investigate the remains. Such evidence may include:

 

a.    items of ADF clothing or equipment found with, or near, the remains;

 

b.    eyewitness accounts of the burial of remains; or

 

c. substantiated research from military records.

 

Unsubstantiated hearsay evidence is insufficient grounds for the ADF to investigate human remains. When hearsay evidence is provided to the ADF, in an endeavour to substantiate information provided, the appropriate civilian authorities (foreign or otherwise) should be requested to carry out initial inquiries.

 

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11.      When information is provided that the remains of an ADF member are located in a specific area, ADF historical records must be initially checked to verify whether or not:

 

a.    ADF members served in the location in question,

 

b.    ADF POW were held in the location in question,

 

c.    War Graves Units have already recovered bodies from the location, or

 

d. Unit War Diaries record the loss of personnel in the area.

 

12.      Investigating authorities must assess the feasibility of successfully recovering any remains given the information provided, the size of the area to be searched, sensitivity to local issues (for example the need to disturb other grave sites in order to recover unknown remains) and the reliability of the informant.

 

Coronial Requirements

 

13.      Notwithstanding the provisions of Defence Force Regulations Part VI, 'Disposal of Dead Bodies of Members of the Defence Force', investigations must comply, unless appropriate exemptions have been obtained, with the coronial requirements of the Governmental authority for the area in which the remains are recovered. DI(G) PERS 20-3 -Post-Mortem Examination and Certification of Death Due to Natural Causes and Defence (Certification of Deaths) Regulations provide guidance for the conduct of post-mortem examinations and the issue of certificates of death for members of the ADF who have died on service.

 

Forensic Identification of Remains

 

14.      Service authorities are to liaise with the Surgeon General ADF (SGADF) for the provision of medical/dental records and for the provision of forensic experts to examine the remains.

 

Transportation of Remains

 

15.      Where burial of the remains in the nearest War Cemetery is authorised, and transportation across national boundaries is required, specialist advice is to be sought on customs and quarantine requirements for the transportation. When human remains are to be imported into Australia onboard Service aircraft the procedures detailed in DI(G) ADMIN 46-1 -Quarantine, Annex K are to be followed.

 

Burial Responsibility

 

16.      It is the responsibility of the OAWG, acting in conjunction with the Commonwealth War Graves Commission, or the Custodian of the United Nations (UN) Cemetery Korea to:

 

a.    assign a burial plot for the remains in the appropriate Commonwealth War Graves Commission cemetery or the UN cemetery ,

 

b.    erect a suitable headstone at the grave site, and

 

c. maintain the grave in perpetuity.

 

Funeral Requirements

 

17.      Where remains are identified as belonging to an ADF member, funeral arrangements are to be in accordance with normal military procedures. However, where it is impracticable to provide the required numbers of military personnel an appropriate military presence at the funeral service may be provided. Assistance on alternate ceremonial requirements may be obtained from the Joint Services Ceremonial Committee.

 

PERS 8/27/96

12 DEC 96

 

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Attendance of Next-of-Kin at Funeral Service

 

18.      In the event that remains are identified with an ADF member and NOK can be contacted, Service authorities are to notify the NOK of the circumstances surrounding the finding of the remains and the funeral arrangements being undertaken. The Approving Authority for the investigation may authorise at public expense the travel of the NOK to attend the funeral. Where the NOK is aged or infirm, approval may be given for travel at public expense of an accompanying escort, usually a family member. Where travel overseas is involved, economy class air is authorised and accommodation costs are limited to three nights accommodation. Cost of meals, passports, inoculations and other incidental expenses remain the responsibility of the NOK.

 

 

FUNDING

 

19.      The irregular nature of investigations into the discovery of alleged ADF human remains makes it impractical to seek a specific annual funding allocation within the Defence budgetary process. Consequently, funding for any investigations and other associated costs must initially be obtained from the Approving Authority Program Manager. Supplementary funding to defray such extraordinary costs to the Programs may be sought in the estimates bidding process to the Defence Program Management Committee.

 

 

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