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WHAT I CAN DO - I WILL -
 Panel 25 E, Line 47
James Ray Fuller was a
Technical Sergeant in the United States Air Force when he went
Missing in Action in Laos on 21 December 1972. Fuller was born on
04 April 1937, and his home city of record is Cibolo, Texas.
Possible remains were recovered at the crash site in 1985; the
family contests the identification.
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| Remarks
I.R. #22370432 73 -
DEAD
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| The Incident
On 21 December 1972, the crew
of a Lockheed AC130A gunship named "Thor," tail number 56-0490
and call sign "Spectre 17," departed Ubon, Thailand on an
interdiction mission to interrupt enemy movement along the Ho Chi
Minh Trail in Laos. Its crew of 16 was comprised of Capt. Harry
R. Lagerwall, pilot; Major Francis A. Walsh, Jr., fighter pilot
who was listed as an additional crewman for this mission; Capt.
Stanley N. Kroboth, co-pilot; then Capt. Thomas T. Hart III,
table navigator; TSgt. James R. Fuller, flight engineer; TSgt.
Robert T. Elliott, aerial gunner; A1C Charles F. Fenter, aerial
gunner; A1C Rollie K. Reaid, aerial gunner; 1st Lt. George D.
Macdonald, sensor operator; 1st Lt. Delma Dickens, sensor
operator, 1st Lt. Robert L. Liles, sensor operator; Major Paul O.
Meder, infrared sensor operator; TSgt. John Q. Winningham,
illuminator operator; TSgt. Carl E. Stevens, illuminator
operator; TSgt. Richard Williams, aerial gunner; and Capt. Joel
R. Birch, sensor operator. With the exception of Major Walsh who
was a member of the 497th Tactical Fighter Squadron, all members
of this aircrew were assigned to the 16th Special Operations
Squadron. Both Squadrons were stationed at Ubon Airbase,
Thailand.
During the flight to the
target, Spectre 17 inexplicably broke altitude descending to a
lower level according to crewmen aboard other gunships taking
part in the same mission, and was hit by enemy ground fire. After
evaluating the amount of battle damage sustained by Thor, the
decision was made to attempt to return to base. After 10 minutes
of stable, level flight, fuel accumulated ankle deep in the cargo
area igniting an explosion that severely damaged the aircraft,
but did not cause it to disintegrate. According to reports
provided by other aircrews who monitored radio communications
between the crew of Spectre 17, along with communications between
aircraft, none of the 16 crewmen were injured by the ground fire
that initially damaged the gunship. The crewmen were preparing
for a possible bailout by putting on their parachutes, and those
men not necessary for flying it were moving to the rear of the
aircraft. The jump bell was heard over the headsets of those
monitoring communications between the aircraft 5 to 10 seconds
before Spectre 17 exploded. Further, once the men hit the ground,
many emergency beepers were heard "going off all over the
place."
TSgt. Richard Williams
parachuted just before the explosion and TSgt. Carl E. Stevens
did the same immediately afterward. Both men evaded enemy patrols
and were rescued hours later. According to US intelligence
reports that vary somewhat in content in as much as each gives
bits and pieces of the story, once Carl Stevens and Richard
Williams were rescued - and within 24 hours of the incident - the
crash site was visited by either friendly indigenous forces
and/or a US Search and Rescue (SAR) team who found and
photographed 2 piles of bloody bandages and 5 deployed
parachutes. The partial remains of Capt. Joel R. Birch, which
consisted of part of one arm and hand, were recovered and these
"remains" were later identified through fingerprints. He was
listed as Killed in Action/Body Recovered because of this
positive identification. Other than TSgt. Stevens and TSgt.
Williams who were rescued, no other crewmen could be
located.
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| Following the
Incident
Based on the physical
examination of the crash site, Thor cut a path of destruction
through jungle vegetation, which is consistent with a long,
horizontal glide flight path to the jungle floor rather than a
crater/hole in the jungle floor caused by a relatively vertical,
rapid decent. The crash occurred in the rugged jungle covered
mountains just a few hundred meters from the village of Nong Song
Hong, Champassak Province, Laos; approximately 13 miles due east
of Xe Don Lou River, which empties into the Mekong River on the
west side of the town of Pakse, some 25 miles southwest of the
crash site.
According to a 1973 Defense
Intelligence Agency (DIA) intelligence report, in early 1973, a
US satellite photographed the roughly 10-foot high numbers "1973"
or "1573" and the initials "TH" stomped out in elephant grass
some 200 miles north of the crash site. No matter how the numbers
and letters are examined, experts believe they can only be
connected with the crew of Spectre 17, and almost certainly
belong to Tom Hart. For example: the internal call sign and name
of that aircraft was THOR. The only man aboard that aircraft with
those initials was Tom Hart. Further, the #1 crew position on the
AC130 and MC130 aircraft is the table navigator rather than the
pilot - Tom Hart's position. The number "573" was on the crew
compartment's window on the right side of that aircraft. The year
was 1973 when the signal was made and photographed. That
satellite photograph was later evaluated by other intelligence
experts who stated that the letters were not stamped out in
elephant grass, which would have indicated it was made by someone
passing through the area. They determined those letters and
numbers were made by planting Manioc plants to form the signal,
which shows permanency.
From 1981 to 1984, the Special
Forces Detachment in Korea was charged by President Reagan with
the responsibility of collecting live POW information throughout
Southeast Asia. "SFDK" was commanded by Major Mark Smith, he
himself a returned POW from the Vietnam War. Through his efforts,
and those of team Intelligence Sergeant Mel McIntire, an agent
net of 50 agents was established, specifically in Laos. The
result of this intelligence net resulted in Major Smith compiling
a list of some 26 American POWs by name and captivity location,
with Thomas T. Hart III and George D. Macdonald being two of
them. SFDK collected information that indicated other members of
this aircrew were also alive, although that data was not as
conclusive as the information on Hart and Macdonald.
In April 1984, Major Smith
received a message from one of his agents specifying that on 11
May three US Prisoners of War would be brought to a given
location on the Lao/Thai border. The only prerequisite was that
an American be on the Thailand side of the border to receive the
men. When this information was reported up his chain of command,
Major Smith's team was ordered not to leave Korea, to destroy all
documents pertaining to LIVE POWs and they were sent back to the
United States 6 months early. This documented information was
provided to the United States Senate Veterans Affairs Committee
in sworn testimony on 28 January 1986.
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| The Crash Site
In September 1982, 10 years
after the crash, a private sector delegation of family members
were allowed to visit the crash site unofficially. They did not
know ahead of time if they would be allowed to go to a crash
site, or which one. Ironically, Tom Hart's wife was part of this
delegation. This site is extremely difficult to reach unlike
literally dozens of other crash sites in the immediate area. Once
there, they confirmed through first-hand observation the
vegetation was visibly thinner than in the surrounding jungle
consistent with a glide-path landing. There was no crater which
would be expected if the flight path had been steep. There were
two small depressions consistent with the location of the
engines. Between the 2 depressions was a shallow "trench-like
depression" which was consistent with the aircraft
fuselage.
In February, 1985, a joint
US/Lao excavation of the AC130A crash site was conducted. A large
number of small bone fragments and a few teeth, which had
obviously been subjected to intense heat and with a total weight
of only 6 pounds, were found. A 4 1/2 month examination of these
bones and teeth resulted in the US Government's Central
Identification Laboratory in Hawaii (CIL-HI) reporting the
"positive identification" of remains for all 13 crew members
still missing. None of the bones or teeth were attributed to the
missing portion of Capt. Birch.
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| Identification
Disputed
The Hart, Macdonald and Fuller
families had an independent study of their men's remains done by
a 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." Later investigation of the CIL revealed that
eleven of the thirteen positive identifications could not have
been made scientifically. In January 1987, because of Civil Court
action, the Defense Department rescinded the identification of
Tom Hart's and George Macdonald's remains. Other families of this
crew sought the Court's assistance in fighting this travesty,
however, officially the USG considers all 13 men to be "accounted
for."
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.
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