Larrikin soldiers get posthumous medals

Two brothers denied World War II medals because of a fearsome record of misconduct could open the way for others to receive awards improperly withheld.

John and Archibald Boyes both fought at Tobruk but managed to accumulate a combined total of 45 military offences.

They were discharged before the end of the war.

Archibald, whose record reportedly included a charge of riding a donkey through an officers' mess while drunk, was found unsuitable for further military service on account of "discreditable service".

John was deemed incorrigible by reason of numerous convictions.

Neither was awarded the campaign medals proudly worn by other WW2 veterans, including the 1939-45 Star, Africa Star, Defence Medal, War Medal 1939-45 and Australian Service Medal 1939-45.

The brothers, described as chronic alcoholics because of their distressing childhood, have been awarded their medals posthumously.

Their nephew Kenneth Stephens challenged the decisions in the Defence Honours and Awards Appeals Tribunal.

The tribunal found the awards were wrongly withheld.

The rules did feature provisions for medals to be withheld (never issued) or forfeited (withdrawn after issue) in cases of conviction for treason, sedition, mutiny, cowardice or "disgraceful conduct of an unnatural kind" but none of that applied in these cases.

The tribunal said the issue of withholding or forfeiting of WW2 awards had a long and difficult history, with many changes in policy but few changes to the applicable law.

"... most of the policies introduced by Defence over a long period of time were of doubtful validity," it said.

An examination of 120 other claims for restoration of medals found many inconsistencies and anomalies, with the expectation that those anomalies were widespread, denying other veterans medals to which they were entitled.

The tribunal is now conducting a full inquiry into the issue, with submissions closing at the end of February.

It is expected to report back to the government in 2015.