Remains Recovered in Crash Site Excavation -
Positive ID Rescinded 2/21/85
Rank/Branch: O3/US Air Force
Unit: 16th Special Operations Squadron, Ubon AB,
Date of Birth: 25 March 1940
Home City of Record: Orlando FL
Date of Loss: 21 December 1972
Loss Coordinates: 152712N 1060048E (XC087086)
Status (in 1973): Missing In Action
Acft/Vehicle/Ground: AC130A gunship
Other Personnel In Incident: Rollie Reaid; George
D. MacDonald; John Winningham; Francis Walsh;
James R. Fuller; Robert T. Elliott; Robert L.
Liles; Harry Lagerwall; Paul Meder; Delma Dickens;
Stanley Kroboth; Charles Fenter (all missing/
remains returned --see text); Joel R. Birch
(remains returned); Richard Williams, Carl E.
Stevens (rescued).
Source: Compiled by Homecoming II Project 15 March
1990 with the assistance of one or more of the
following: raw data from U.S. Government agency
sources, correspondence with POW/MIA families,
published sources, interviews. Updated by the
P.O.W. NETWORK 1998.
REMARKS: I.R. #22370432 73 - DEAD
SYNOPSIS: An AC130A gunship, "Spectre 17", flown
by Capt. Harry R. Lagerwall, departed Ubon Airbase,
Thailand on an interdiction mission to interrupt
enemy cargo movements along the Ho Chi Minh Trail
on December 21, 1972. The crew onboard numbered
16. During the flight to the target, the aircraft
was hit by ground fire and after 10 minutes of
level flight, the fuel exploded. Two of the crew,
Richard Williams and Carl E. Stevens, bailed out
safely and were subsequently rescued hours later.
The partial body of Joel Birch (an arm) was later
recovered some distance away from the crash site.
Heat-sensitive equipment which would pinpoint the
location of human beings in the jungles was used
to search for the rest of the crew with no success.
It was assumed that the missing crewmen were
either dead or were no longer in the area.
According to intelligence reports, several piles
of bloody bandages and 5 deployed parachutes were
seen and photographed at the crash site. Also,
later requests through the Freedom of Information
Act revealed a photo
of what appeared to be the
initials "TH" stomped in the tall elephant grass
near the crash site. A number of reports have been
received which indicate Tom Hart, if not others,
was still alive as late as 1988.
In the early 1980's a delegation comprised in part
of several POW/MIA family members visited the site
of the aircraft crash in Laos. Mrs. Anne Hart
found material on the ground in the area which she
believed to be bone fragment. She photographed the
material and turned it over to the U.S. Government.
In February, 1985, a joint excavation of the crash
site was done by the U.S. and Laos from which a
large number of small bone fragments were found.
Analysis by the U.S. Army's Central Identification
Laboratory (CIL) in Hawaii reported the positive
identification of all 13 missing crewmembers.
Some critics dubbed this identificatin "Voodoo
Forensics."
Mrs. Hart was immediately skeptical. She was
concerned that the positive identification of all
13 missing men onboard the aircraft had seemed too
convenient. She was further concerned that among
the remains said to be those of her husband, she
found the bone fragment which she had herself
found at the crash site location several years
before. She believed this was too much of a
coincidence.
Anne Hart had an independent analysis of the seven
tiny fragments of bone which the government said
constituted the remains of her husband. Dr. Michael
Charney of Colorado State University, an
internationally respected
Board Certified Forensic Anthropologist with nearly
50 years of experience in anthropology, conducted
the study.
"It is impossible," Charney wrote in his report,
"to determine whether these fragments are from LTC
Hart or any other individual, whether they are
from one individual or several, or whether they
are even from any of the crew members of the
aircraft in study."
Mrs. Hart refused to accept the remains and sued
the government, challenging its identification
procedures. Her challenge produced additional
criticism of CIL and the techniques it uses in
identifying remains. Some scientists, including
Charney, charged that CIL deliberately
misinterpreted evidence in order to identify
remains. They said the Army consistently drew
unwarranted conclusions about height, weight, sex
and age from tiny bone fragments.
Eleven of the "positive" identifications made on
the AC130 crew were determined to be scientifically
impossible.
"These are conclusions just totally beyond the
means of normal identification, our normal limits
and even our abnormal limits," said Dr. William
Maples, curator of physical anthropology at
Florida State Museum.
Among the egregious errors cited by Charney was
a piece of pelvic bone that the laboratory
mistakenly said was a part of a skull bone and was
used to identify Chief Master Sgt. James R. Fuller.
The Reaid ID had been made based on bits of upper
arm and leg bones and a mangled POW bracelet said
to be like one Reaid wore. The MacDonald ID had
been made based on the dental records for a single
tooth.
Mrs. Hart won her suit against the government. Her
husband's identification, as well as that of
George MacDonald, was rescinded. The Government
no longer claimed that the identifications were
positive. However, these two men were listed as
"accounted for."
Mrs. Hart's suit on behalf of her husband made it
U.S. Government policy for a family to be given
the opportunity to seek outside confirmation of
any identification of remains said to be their
loved ones. Mrs. Hart also believed that the suit
was successful in keeping her husband's file open.
Reports were still being received related to him.
In 1988, the Air Force forwarded a live sighting
report of Tom Hart to Mrs. Hart. The Air Force had
concluded the report was false or irrelevant
because Tom Hart was "accounted for." Mrs. Hart
again went to court to try and ensure that her
husband was not abandoned if, indeed, he is still
alive. She wanted him put back on the "unaccounted
for" list.
In early March, 1990, the 11th Circuit Court of
Appeals overturned the lower court decision that
had ruled the U.S. Government erred in identifying
bone fragments as being the remains of Thomas
Hart. The appellate court ruled that the government
is free to use "its discretion" in handling the
identification of victims of war and that courts
should not second-guess government decisions on
when to stop searching for soldiers believed to
be killed in action.
The court also denied Mrs. Hart's request to have
her husband returned to the "unaccounted for" list.
"The government must make a practical decision at
some point regarding when to discontinue the search
for personnel," the court said in its ruling.
Most Americans would make the practical decision
to serve their country in war, if asked to do so.
Even though there is evidence that some of this
crew did not die in the crash of the aircraft, the
U.S. Government has made the "practical decision,
" and obtained the support of the Justice system,
to quit looking for them.
How can we allow our government to close the books
on men who have not been proven dead whose biggest
crime is serving their country? If one or more of
them are among the hundreds many believe are still
alive in captivity, what must they be thinking of
us?
Knowing one could be so callously abandoned, how
many will serve when next asked to do so?
---------------------------------
[inq0111.98 01/14/98]
THE UNTOLD STORY OF BARON 52 THEIR FLIGHT WAS
SUPPOSED TO BE A SECRET, NOT THEIR FATE.
Philadelphia Inquirer (PI) - Sunday, January 11,
By: Alfred Lubrano
Edition: D Section: FEATURES INQUIRER MAGAZINE
Alfred Lubrano is an Inquirer staff writer.
The Vietnam War had been over for a week.....
In November 1972, Col. Thomas Hart was in a
helicopter gunship shot down over Pak Se, Laos.
The Air Force sent Hart's wife, Ann, 12 pieces of
bone in July 1985, saying they belonged to him.
If she didn't accept them, they would be buried
in a mass grave in Arlington National Cemetery,
they told her. Wanting to be sure, Hart had two
private, forensic anthropologists examine the
fragments. All that anyone could know from these
remains, they reported, was that the bits were
human, and not necessarily from the same person.
Hart sued the government, then learned something
startling during the discovery process: At the
crash site, military intelligence had found five
open parachutes, apile of bloody bandages and the
initials "TH" stamped out in nearby elephant
grass. She won her suit, and the government had to
retract its identification.
"The military was lying over what they saw, trying
to clear up the books on the war," charges
Michael Charney, a Colorado forensic anthropologist
who examined the remains identified as Hart's and
others.
Sam Dunlap, a physical anthropologist who worked
at the Army Central Identification Laboratory in
Honolulu during the 1980s, says the lab made
impossible extrapolations about a man's identity
from dime-sized fragments of matter. "There
probaby should be exhumations of remains" now
buried, he says. Since the mid-1980s, though, the
lab has improved. "What comes out of there now
is impeccable," says Lowell Levine, a dentist who
works for the government. "The lab has made
The people of the Bamboo Pipeline recite the
Thomas Hart story the way televangelists invoke
the Bible.
"Talk to one family, and they sound crazed,"
says Kathryn Fanning, an Oklahoma woman who exhumed
her husband's remains in 1985, only to learn they
weren't his. "But when you listen to what five
families have to say, it gets scary."....
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