Balian Guilty in Viet Boat Case, to Get Reprimand

Capt. Alexander G. Balian, former skipper of the U.S. warship Dubuque, was convicted today of dereliction of duty for failing to give adequate aid to a boatload of Vietnamese refugees adrift in the South China Sea last June 9.

The six Navy captains who heard the case ordered that Balian be issued a letter of reprimand for his handling of the refugee incident. The panel could have sentenced the 26-year Navy veteran to up to three months confinement, fined him as much as $8,994, the equivalent of two months’ pay, and dismissed him from the Navy.

In a bitter, half-hour speech to reporters this morning after the sentencing, Balian said he had made a “scapegoat” by top Navy officials in Washington and complained about “really dirty” behind-the-scenes maneuvering in the Navy legal system. He called himself a “hero,” who “was hung out to dry” and said he will appeal the conviction through Navy legal channels.

Balian also urged Navy legal officials to take action against four crew members of the Dubuque for mistakes he believe they made on the ship during the refugee incident and for lying on the witness at his court-martial here. He would not name the four, however.

Further, he urged that Phung Quang Minh, the refugee who took control of the foundering junk, be brought to justice. “I don’t feel that enough emphasis was placed on the conduct of the tyrant on that boat,” he said.

The captains deliberated for nearly six hours Thursday and today before announcing their finding this morning. They acquitted Balian of the more serious charge of disobeying orders stemming from an incident during the encounter with the junk in which Dubuque crew members allegedly shook a rope hanging from their ship, causing a refugee to fall into the ocean.

Balian, 48, a highly decorated veteran of the Vietnam War, was expressionless as he stood, wearing his dress whites, and faced the panel of captains.

The court-martial, rare for an officer of Balian’s rank, focused on the long-held Navy doctrine that a commanding officer is responsible for the actions of his crew as well as his own decisions.

Balian was the commanding officer of the Dubuque, an amphibious transport ship, when it encountered the foundering junk in the South China Sea. He gave the refugees food, water and directions to the nearest land but decided not to take them aboard. The refugees drifted for 19 days after the Dubuque passed them by and said they resorted to cannibalism to keep alive.

The prosecutor, Lt. Cmdr. Raymond H. Carlson, said in his closing argument Thursday that Balian’s action was “inexcusable.” He said Balian was so concerned with hurrying to an assignment in the Persian Gulf that he decided against picking up the refugees before he assessed their condition and the seaworthiness of their vessel.

“Only a fool could think that this vessel could effectively sail anywhere,” Carlson said. “Capt. Balian is no fool.”

Carlson said Balian’s assignment in the Persian Gulf was not so pressing that he could not have taken the refugees aboard the Dubuque.

“Providing humanitarian assistance is a mission of the Navy, clearly and unequivocally,” Carlson said. “On the 9th of June he was not concerned, as he should have been, with the humanitarian assistance mission of the United States Navy.”

Balian’s lawyer, Dan Donato of San Diego, argued that Balian, a native of Los Angeles, had made a reasonable decision based on information reported to him by his executive officer and members of his crew.

He said they assessed the situation from a launch in which they approached the refugees and told him that the refugees’ vessel was seaworthy and that they needed no medical attention. Balian ordered that the refugees be given food, water and directions to the nearest land.

Approximately 110 refugees boarded the vessel at Ben Tre in southern Vietnam last May 22 for what they believed would be a four- or five-day voyage to Malaysia. But the craft’s engine failed on the third day out. Only 52 survived.

By the time the Dubuque encountered the refugees, about 20 of them had died of dehydration and starvation, or had drowned while attempting to swim to passing ships. After the Dubuque steamed away, some of the refugees killed two of their companions for food, according to survivor accounts. The bodies of three others who died were also consumed, a survivor said.

Balian said that at the time of the encounter he believed the refugee craft to be seaworthy, and that the supplies he provided would sustain the refugees for the seven days it would take them to reach land.

Balian said he realizes that he should have taken the refugees on board his ship. He blamed his crew for giving him erroneous and incomplete information.

Donato argued Thursday that it was “not unreasonable to assume that if you give them food and water, you’ve restored them to the vitality they need to continue.”

“Capt. Balian as commanding officer could reasonably expect to be assisted by the members of his crew,” his lawyer went on. “He could not possibly do it all himself. I think he had a right to depend on them and rely on them.”

Navy officials have said there are no plans to press charges against any other members of the Dubuque’s crew.