Gallipoli hero John Simpson and 12 other former soldiers and sailors have missed out on being retrospectively awarded the Victoria Cross.Simpson and his donkey are famed for transporting wounded soldiers from the frontline at Gallipoli; their story retold in school history books for almost a century.
His commanders at the time did not recommend he be awarded a Victoria Cross.
Now, a two-year inquiry by a Defence tribunal has found that those superiors followed the correct process and that Simpson will not be awarded a VC retrospectively.
The same applies for 12 other servicemen, including sailor Teddy Sheean who continued to fire at Japanese planes while wounded, and Captain Hector Waller, who went down with his ship in the Sunda Strait.
The tribunal also ruled there was insufficient evidence to make a recommendation for a VC for three men who perished on HMAS Yarra in 1942.
However the entire crew of the Yarra will receive a unit citation for gallantry for battles against the Japanese in Singapore Harbour and the Timor Sea in 1942.
The Yarra was destroyed while trying to protect a convoy from a vastly superior Japanese fleet south of Java.
A VC is only awarded for the most conspicuous bravery or some daring or pre-eminent act of valour or self-sacrifice or extreme devotion to duty in the presence of the enemy.
None of the 99 Victoria Crosses awarded have been given to Navy personnel.
Senator David Feeney, parliamentary secretary for Defence, says he has accepted the tribunal's recommendations.
"Their gallantry and valour is beyond question," he said.
"What this inquiry was about was whether Australia should award a VC decades after the decision-maker at the time came to an alternate conclusion.
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