"Fogarty-Fegen" ADM 1/10496 (2)

Comparisons are always odious and at first sight it is not so easy to draw a clear distinction between the action of Captain Fegen and that of Captain Kennedy. Neither in reality had any choice but to pursue the path of duty which he did.

If Captain Fegen had not placed himself between the enemy and his convoy, thus allowing the latter a better chance of escape, he would have been branded as a coward and hounded out of the Service. He must often have pictured, during the 14 months he was commanding the “Jervis Bay”, the situation in which he finally found himself and acted in the only way possible.

Similarly with Captain Kennedy. The action of Captain Warburton Lee on the other hand I think was different as he was allowed to act on his own initiative and not on the receipt of definite orders.

Captain Fegen's action is, however, more spectacular than Captain Kennedy's and his gallantry resulted in a considerable military achievement.

To the uneducated public who are interested in naval questions it would not be so easy to contract the two actions.

This is unfortunate but I do not think it should stop us from pursuing the correct course in regard to the “Jervis Bay” and I concur in the proposal of the award of the V.C. to Captain Fegen.

It was only ten days ago I heard from Captain Kennedy's son and enclose the correspondence.

C.L. 15th November, 1940.

I consider that the remark of Naval Secretary at A is the correct interpretation of the difference between this case of the Rawal Pindi and Jervis Bay.

There must inevitably be many cases in which those who have earned the V.C. do not get it because the details of this