[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Rules and Regulations]
[Pages 3472-3477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1534]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 270
RIN 0790-AG43
Compensation of Certain Former Operatives Incarcerated by the
Democratic Republic of Vietnam
AGENCY: Office of Under Secretary of Defense for Personnel and
Readiness, DoD.
ACTION: Final rule.
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SUMMARY: This part implements section 657 of the National Defense
Authorization Act for Fiscal Year 1997, which authorizes the Secretary
of Defense to make payments to persons captured and incarcerated by the
Democratic Republic of Vietnam. This part establishes policy and
procedures concerning the payments to these persons.
EFFECTIVE DATE: This rule is effective May 15, 1997.
FOR FURTHER INFORMATION CONTACT: Alan Ridenour (703) 604-0821 or David
Pronchick (703) 693-1066, Directorate of Compensation, Office of the
Secretary of Defense, 4000 Defense Pentagon, Washington, D.C., 20301-
4000.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that this is not a significant rule as
defined under section 3(f)(1) through 3(f)(4) of Executive Order 12866.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been determined that this rule will not have a significant
economic impact on a substantial number of small entities because it
affects only a limited number of Vietnamese Commandos who were
incarcerated in North Vietnam, and as such, does not affect small
entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter
35)
It has been certified that this rule does not impose reporting and
recordkeeping requirements under the Paperwork Reduction Act of 1995.
The reporting and recordkeeping requirements are exempt from this Act,
as it directly involves active litigation in which the U.S. is a party.
The specific exemption from the Paperwork Reduction Act is found in 5
CFR part 1320. The information collection in this final rule is exempt
from OMB approval under Sec. 1320.4(a)(2), ``Controlling Paperwork
Burdens on the Public; Regulatory Changes Reflecting Recodification of
the Paperwork Reduction Act''.
Public Law 104-4, ``Unfunded Mandates Report Act of 1995 (UMRA)''
It has been determined that this rule does not contain a federal
mandate that may result in expenditures of $100 million or more for
state, local, and tribal governments, in the aggregate, or the private
sector in any one year.
List of Subjects in 32 CFR Part 270
Military personnel, Payments, Prisoners of war, Vietnam.
Accordingly, 32 CFR part 270 is revised to read as follows:
PART 270--COMPENSATION OF CERTAIN FORMER OPERATIVES INCARCERATED BY
THE DEMOCRATIC REPUBLIC OF VIETNAM
Subpart A--General
Sec.
270.1 Purpose.
270.2 Definitions.
270.3 Effective date.
Subpart B--Commission
270.4 Membership.
270.5 Staff.
Subpart C--Standards and Verification of Eligibility
270.6 Standards of eligibility.
270.7 Verification of eligibility.
Subpart D--Payment
270.8 Authorization of payment.
270.9 Amount of payment.
270.10 Time limitations.
270.11 Limitation on disbursements.
270.12 Payment in full satisfaction of all claims against the
United States.
270.13 No right to judicial review or legal cause of action.
270.14 Limitation on attorneys fees.
270.15 Waiver of notary requirement.
Subpart E--Appeal Procedures
270.16 Notice of the Commission's determinations.
270.17 Procedures for filing petitions for reconsideration.
270.18 Action on reconsideration.
Subpart F--Reports to Congress
270.19 Reports to Congress.
Appendix A to Part 270--Application for Compensation of Vietnamese
Commandos
Authority: Sec. 657, Pub. L. 104-201, 110 Stat. 2422.
Subpart A--General
Sec. 270.1 Purpose.
The purpose of this part is to implement section 657 of the
National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-
201), which authorizes the Secretary of Defense to make payments to
persons who demonstrate to the satisfaction of the Secretary of Defense
that the persons were captured and incarcerated by the Democratic
Republic of Vietnam as a result of the participation by the persons in
certain operations conducted by the Republic of Vietnam.
Sec. 270.2 Definitions.
(a) Applicant. A person applying for payments under this part.
[[Page 3473]]
(b) Child of an eligible person. A recognized natural child, an
adopted child, or a stepchild who lived with the eligible person in a
regular parent-child relationship.
(c) The Commission. The Commission authorized to oversee payments
to certain persons captured and incarcerated by the Democratic Republic
of Vietnam, established under this part.
(d) Eligible person. A person determined by the Commission as
eligible for payment under subpart C of this part.
(e) OPLAN 34A. The operation carried out under the auspices of the
government of South Vietnam and the U.S. Military Assistance Command
Vietnam, Studies and Observations Group (MACV/SOG), starting in 1964,
which inserted commandos into North Vietnam for the purpose of
conducing intelligence and other military activities. OPLAN 34A also
refers to predecessor operations which were precursors to OPLAN 34A
operations. OP 35 refers to the small military units which were sent to
conduct sabotage, reconnaissance, exploitation and other intelligence
missions on or around the borders of Vietnam and Laos.
(f) North Vietnam. The Democratic Republic of Vietnam.
(g) OSD. The Office of the Secretary of Defense.
(h) The Secretary. The Assistant Secretary of Defense (Force
Management Policy).
(i) South Vietnam. The Republic of Vietnam.
(j) Spouse of an eligible person. Someone who was married to that
eligible person for at least 1 year immediately before the death of the
eligible person.
(k) Required declaration. The statements to be signed and notarized
in Appendix A to this part. All applicants must sign Part C and either
Part A or Part B of Appendix A to this part.
Sec. 270.3 Effective date.
This part is effective on May 15, 1997.
Subpart B--Commission
Sec. 270.4 Membership.
The Secretary shall establish within OSD a Commission that is
composed of the following voting members: one representative from the
Office of the Under Secretary of Defense for Personnel and Readiness,
who shall be the chairman of the Commission, one representative from
the Office of the Under Secretary of Defense for Policy, and one
representative from each of the military departments. Members of the
Commission may be either military or civilian and all members must
possess, at a minimum, a Secret clearance.
Sec. 270.5 Staff.
(a) The Commission will have a support staff, which will include
staff members sufficient to expeditiously and efficiently process the
applications for payments under this part. All members of the staff
will possess, as a minimum, a Top Secret clearance because of the
sensitive nature of the information that may require review in
determining eligibility of claimants.
(b) The Secretary will ensure that the Commission has all
administrative support, including space, office and automated equipment
and translation services, needed for the efficient and expeditious
review and payment of claims. The Secretary may task appropriate
Department of Defense elements to provide such support, either through
assignment of personnel or the hiring of independent contractors.
Subpart C--Standards and Verification of Eligibility
Sec. 270.6 Standards of eligibility.
(a) A person is eligible for payments under this part if such
person:
(1) Was captured and incarcerated by North Vietnam as a result of
his participation in operations conducted under OPLAN 34A or its
predecessor operation; or
(2) Served as a Vietnamese operative under OP 35, and was captured
and incarcerated by North Vietnamese forces as a result of the
participation by the person in operations in Laos or along the Lao-
Vietnamese border pursuant to OP 35, and
(i) Was captured and incarcerated by the North Vietnamese, and
remained in captivity after 1973 (or died in captivity) after
participation in OP 35, and
(ii) Has not previously received payment for the United States
Government after 1972 from the period spent in captivity.
(b) In the case of a decedent who would have been eligible for a
payment under this part if alive, payment will be made to the survivors
of the decedent in the following order:
(1) To the surviving spouse of an eligible person; or
(2) If there is no surviving spouse of an eligible person, to the
surviving children of an eligible person, in equal shares.
(c) A payment may not be made under this part to, or with respect
to, a person who the Commission determines, based on the available
evidence, served in the People's Army of North Vietnam or provided
active assistance to the Government of North Vietnam or forces opposed
to the Government of South Vietnam or the United States during any
period from 1958 through 1975.
(d) The Commission will make reasonable efforts to publicize the
availability of payments involved in this procedure, using existing
public affairs channels.
Sec. 270.7 Verification of eligibility.
(a) All persons applying for payment under this part shall first
submit a properly completed, signed and notarized Application for
Compensation of Vietnamese Commandos as set out in Appendix A to this
part, along will all corroborating documents and information required,
to the Commission on Compensation, Office of the Secretary of Defense,
4000 Defense Pentagon, Washington, D.C. 20301-4000. Submission of an
Application for Compensation of Vietnamese Commandos without properly
signed and notarized declarations will automatically render the
application ineligible for consideration by the Commission for payment.
All applicants must sign and have notarized the declarations in Part C
of the Application for Compensation of Vietnamese Commandos. In
addition, all applicants must sign and have notarized the declaration
in either Part A or Part B of the Application for Compensation of
Vietnamese Commandos. If portions of the Application for Compensation
of Vietnamese Commandos are not completed, the Commission may draw
adverse inferences from the portions left incomplete.
(b) Staff Functions in the Verification of Eligibility Process. The
Staff Director shall:
(1) Establish a database for logging and tracking Applications for
Compensation of Vietnamese Commandos throughout the claims process,
including appellate actions and final payment or denial of claims.
(2) Maintain a liaison with on-site personnel at the National
Archives Center, College Park, Maryland, to organize and translate
finance records for review.
(3) Upon receipt of each Application for Compensation of Vietnamese
Commandos, research cases to verify eligibility of claimant to include
reviewing and analyzing existing records.
(4) Forward applications (including support documentation) to other
U.S. Government agencies as required (e.g., CIA, INS) for review of
their records, as needed to acquire documentation that may aid in
determining the eligibility of claimants to receive payments.
[[Page 3474]]
(5) Present any information or comments resulting from the research
and review of cases, plus any reasonably available and probative
information, to the Commission with a recommendation on the eligibility
of applicants.
(6) If eligibility is favorably approved by the Commission, forward
written requests to DFAS to effectuate payments.
(7) Prepare notification letters, on behalf of the Commission, for
forwarding to claimants notifying them of the final determination
concerning approval or disapproval of their applications.
(8) In coordination with the Army Budget Office and OSD, determine
appropriate fund cite that will be used for payments.
(9) Assist in the preparation of required Reports to Congress.
(10) Determine administrative budgetary support requirements and
submit funding request to OSD.
(11) Provide clerical and administrative support to the Commission.
(12) Create and maintain a system of records to manage all
information generated by the processing of Applications for
Compensation of Vietnamese Commandos under this part and to create an
administrative record of actions by the Commission. All information
received or originated from other Departments and agencies of the U.S.
government will be retained, stored, and further disseminated only in
accordance with pertinent law (e.g., 5 U.S.C. section 552(FOIA) and 5
U.S.C. section 552a (Privacy Act)) and conditions set by those
originating Departments and agencies.
(c) Claims will be processed expeditiously. Within 18 months of
actual receipt by the Commission of an Application for Compensation of
Vietnamese Commandos, the Commission will determine the eligibility of
the applicant. The standard for finding eligibility is whether the
information reasonably available to the Commission indicates that the
applicant is more likely than not to be eligible for a payment under
this part. The burden of making a showing of eligibility shall be on
the applicant. Upon determination of eligibility, the payment should be
promptly accomplished.
(d) Applicants may request to appear in person before the
Commission, which will retain discretion whether to grant such
requests. The Commission may request the personal appearance or
interview of any applicant as a condition of further consideration of
his or her application if such appearance would significantly aid the
Commission in its determination. All appearances shall be at the
expense of the applicant.
Subpart D--Payment
Sec. 270.8 Authorization of payment.
Subject to the availability of appropriated funds, upon
determination by the Commission of the eligibility of a person for
payment, the Commission will authorize the Defense Finance and
Accounting Service (DFAS) to make payments out of the funds
appropriated for this purpose. Any payment authorized to a person under
a legal disability, may, in the discretion of the Commission, be paid
for the use of the person, to the natural or legal guardian, committee,
conservator, or curator, or, if there is no such natural or legal
guardian, committee, conservator, or curator, to any other person,
including the spouse or children of such person, who the Commission
determines is charged with the care of the person. The Commission will
notify eligible persons of the process for disbursements.
Sec. 270.9 Amount of payment.
The amount payable to, or with respect to, an eligible person under
this part is $40,000. If an eligible person can demonstrate to the
satisfaction of the Commission that confinement or incarceration
exceeded 20 years, the Commission may authorize payment of an
additional $2,000 for each full year in excess of 20 (and a
proportionate amount for a partial year), but the total amount paid to,
or with respect to, an eligible person under this part may not exceed
$50,000.
Sec. 270.10 Time limitations.
To be eligible for payments under this part, applicants must file
Applications for Compensation of Vietnamese Commandos with the
Commission within 18 months of the effective date of these regulations,
May 15, 1997.
Sec. 270.11 Limitation on disbursements.
The Commission may, in its discretion, direct that the actual
disbursement of a payment under this part be made only to the person
who is authorized to receive the payment, and only upon the appearance
of that person, in person, at any designated Defense Finance Accounting
Service disbursement office in the United States. Upon approval of the
Commission, payment may be made at such other location or in such other
manner as the person authorized to receive payment may request in
writing. In the case of an application authorized for payment but not
disbursed as a result of the foregoing, the Secretary will hold the
funds in trust for the person authorized to receive payment in an
interest bearing account until such time as the person complies with
the conditions for disbursement set out in this part.
Sec. 270.12 Payment in full satisfaction of all claims against the
United States.
The acceptance of payment by, or with respect to, an eligible
person under this part shall constitute full satisfaction of all claims
by or on behalf of that person against the United States arising from
the person's participation in operations under OPLAN 34A or OP35.
Sec. 270.13 No right to judicial review or legal cause of action.
Subject to subpart E of this part, all determinations by the
Commission pursuant to this part are final and conclusive,
notwithstanding any other regulation. Applicants under this part have
no right to judicial review, and such review is specifically precluded.
This part does not create or acknowledge any legal right or obligation
whatsoever.
Sec. 270.14 Limitation on attorneys fees.
Notwithstanding any contract or agreement, the representative of a
person authorized to receive payment under this part may not receive,
for services rendered in connection with the claim of, or with respect
to, a person under this part, more than 10 percent of a payment made
under this part on such claim.
Sec. 270.15 Waiver of notary requirement.
In exceptional circumstances (e.g., overseas claimant) the
requirement for notarizations may be waived at the discretion of the
Commission.
Subpart E--Appeal Procedures
Sec. 270.16 Notice of the Commission's determinations.
Applicants whose claims for payment are denied in whole or in part
by the Commission will be notified in writing of the determination.
Applicants may petition the Assistant Secretary of Defense, Force
Management Policy (or his designee) for a reconsideration of the
Commission's determinations, and may submit any documentation in
support of such petitions.
Sec. 270.17 Procedures for filing petitions for reconsideration.
A request for reconsideration must be made to the Secretary, care
of the Staff Director of the Commission at the address of the
Commission set out in Sec. 270.7, within 45 days of receipt of the
notice from the Commission of ineligibility. The Commission may
[[Page 3475]]
waive that time limit for good cause shown.
Sec. 270.18 Action on reconsideration.
(a) The Assistant Secretary of Defense, Force Management Policy (or
his designee) will:
(1) Review the Commission's administrative record of the original
determination.
(2) Review additional information or documentation submitted by the
applicant to support his or her petition for reconsideration.
(3) Determine whether the decision of the Commission should be
affirmed, modified, or reversed.
(b) When there is a decision affirming the Commission's
determinations, the Staff Director will notify the applicant in writing
and include a statement of the reason for the affirmance.
(c) A decision of affirmance shall constitute the final action of
the Department of Defense. The Secretary (or his designee) may decline
to consider any subsequent petitions for reconsideration.
(d) When there is a decision modifying or reversing the
Commission's determination, the notification should be immediately made
to the Staff Director so as to implement the final action.
Subpart F--Reports to Congress
Sec. 270.19 Reports to Congress.
Not later than September 23, 1998, the Commission will prepare and
the Secretary will submit to Congress a report on the payment of claims
under this part. Subsequent to that initial report, the Commission will
prepare and the Secretary will submit to Congress annual reports on the
status of payment of claims.
Appendix A to Part 270--Application for Compensation of Vietnamese
Commandos
All persons applying for payment shall submit a properly
completed, signed and notarized Application for Compensation of
Vietnamese Commandos, along with corroborating documents and
information, to: Commission on Compensation, Office of the Secretary
of Defense, 4000 Defense Pentagon, Washington, D.C. 20301-4000.
All applicants must sign and have notarized the declaration in
Part C of the application. In addition, all applicants must sign and
have notarized the declaration in either Part A or Part B of the
application (as applicable).
Applicants must file applications within 18 months of the
effective date of this part (15 May 1997): that is, not later than
15 November 1998.
Privacy Act Statement:
Authority: National Defense Authorization Act for Fiscal Year
1997, Public Law 104-201, Section 657.
Principal Purpose: To evaluate applications for cash payments
for those individuals, or their surviving spouse or children, who
were captured and incarcerated by North Vietnam as a result of
participating in specified joint United States-South Vietnamese
operations.
Routine Uses: To the Immigration and Naturalization Service and
the Central Intelligence Agency for purposes of verifying
information relating to the claimant's eligibility for payment. To
the Department of Justice for purposes of representing the
Department of Defense in Au Dong Quy, et al./Lost Commandos v. The
United States.
Disclosure: Voluntary. However, if portions are not completed
the Commission may draw adverse inferences from the incomplete
portions.
Social Security Number: Providing a social security number is
voluntary. If one is not provided, the application for payment will
still be processed.
This application shall be executed by the person applying for
eligibility, or his surviving spouse or children, or designated
representatives of such persons.
Part A--Complete the following information on the person whose
status as a former operative is the basis for applying for payment:
(1) Current legal name or legal name at death:
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(a) Aliases:---------------------------------------------------------
(b) Former, or other legal names used:
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(2) Current address or last address prior to death:
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(3) Mailing address for compensation check in the event compensation
is approved (may be different from commando's current/last address):
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(4) Telephone Number(s):-----------------------------------------------
(5) Identification Numbers:
(a) U.S. Social Security Number (optional):
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(b) U.S. Immigration & Naturalization Service (INS) Number:
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(c) Vietnamese Identification Card Number:
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(6) Date of Birth:-----------------------------------------------------
(7) Place of Birth:----------------------------------------------------
(8) Distinguishing marks (e.g., scars):
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(9) Family Identification:
(a) Parents:
Father:------------------------------------------------------------
Mother:------------------------------------------------------------
(b) Spouse:----------------------------------------------------------
(c) Children:--------------------------------------------------------
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(d) Brothers:--------------------------------------------------------
(e) Sisters:---------------------------------------------------------
(f) Others:----------------------------------------------------------
(10) Team name:--------------------------------------------------------
(11) Team role/duties (e.g., team leader, radioman):
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(12) Place of insertion:-----------------------------------------------
(13) Method of insertion (e.g., parachute, boat):
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(14) Date of insertion:------------------------------------------------
(15) Date and place of capture:
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(16) Detailed Record of confinement:
First Prison Name:---------------------------------------------------
Date Arrived:--------------------------------------------------------
Next Prison Name:----------------------------------------------------
Date Transferred:----------------------------------------------------
Next Prison Name:----------------------------------------------------
Date Transferred:----------------------------------------------------
Next Prison Name:----------------------------------------------------
Date Transferred:----------------------------------------------------
Next Prison Name:----------------------------------------------------
Date Transferred:----------------------------------------------------
Next Prison Name:----------------------------------------------------
Date Transferred:----------------------------------------------------
Next Prison Name:----------------------------------------------------
Date Transferred:----------------------------------------------------
Date of Final Release from Confinement:
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Name of Prison/Camp/Location of Final Release:
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(17) Name, address, and telephone number of counsel or attorney (if
any):
----------------------------------------------------------------------
----------------------------------------------------------------------
(18) Required Declaration only for commandos filing on their own
behalf (complete the applicable declaration, 34A or 35--not both):
For OPLAN 34A or Predecessor Operations (Missions Into North Vietnam)
I served pursuant to OPLAN 34A or its predecessor operation and
was captured and imprisoned by North Vietnam as a result of those
activities. I did not serve in the People's Army of Vietnam or
provide active assistance to the Government of the Democratic
Republic of Vietnam (North Vietnam). I did not serve in or provide
active assistance to forces opposed to the Government of the
Republic of Vietnam (South Vietnam) or forces opposed to the United
States during the period from 1958 through 1975. I declare under
penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Sworn to and subscribed before me on
----------------------------------------------------------------------
(Date)
Notary Public:---------------------------------------------------------
Date:------------------------------------------------------------------
My commission expires on
----------------------------------------------------------------------
(Date)
[[Page 3476]]
For OP 35 Operations (Missions Into Laos or Along the Viet-Lao Border)
I served as a Vietnamese operative pursuant to OP 35, and was
captured and imprisoned by North Vietnam as a result of my
participation in operations in Laos or along the Lao-Vietnamese
border under the direction of OP 35. I did not serve in the People's
Army of Vietnam or provide active assistance to the Government of
the Democratic Republic of Vietnam (North Vietnam). I did not serve
in or provide active assistance to forces opposed to the Government
of the Republic of Vietnam (South Vietnam) or forces opposed to the
United States during the period from 1958 through 1975. I have not
previously received payment from the United States Government as
compensation for the period of captivity. I remained in captivity
after 1973. I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Sworn to and subscribed before me on
----------------------------------------------------------------------
(Date)
Notary Public:---------------------------------------------------------
Date:------------------------------------------------------------------
My commission expires on
----------------------------------------------------------------------
(Date)
Part B--In addition to PART A, above, any applicant who is a
surviving spouse or child of a deceased commando must complete Part
B, below, with information on themselves.
(1) Current Legal name:
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(a) Aliases:-----------------------------------------------------------
(b) Former, or other names used:
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(2) Current Address:---------------------------------------------------
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(3) Telephone Number(s):-----------------------------------------------
(4) Identification Numbers:
(a) U.S. Social Security Number (optional):
----------------------------------------------------------------------
(b) U.S. Immigration and Naturalization Service (INS) Number:
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(c) Vietnamese Identification Card Number:
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(5) Date of birth:-----------------------------------------------------
(6) Place of birth:----------------------------------------------------
(7) Relationship to deceased person:-----------------------------------
(8) Date and place of marriage (if surviving spouse):
----------------------------------------------------------------------
----------------------------------------------------------------------
(9) If you are a surviving child and there is no surviving spouse,
list the names and addresses of all other children of the deceased
person, including all recognized natural children, step-children who
lived with the deceased person, and adopted children. Provide the
date of death for any who are deceased.
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(10) Name, address, and telephone number of counsel/attorney (if
any):
----------------------------------------------------------------------
----------------------------------------------------------------------
(11) Required Declaration (Note: If Commando is deceased, applicant
must sign one of the two following declarations here and Part C,
below):
For Surviving Spouse or Child of Deceased Commando (OPLAN 34A or
Predecessor Operations-Missions Into North Vietnam)
To the best of my information, knowledge, and belief, my
deceased family member served pursuant to OPLAN 34A or its
predecessor operation and was captured and imprisoned by North
Vietnam as a result of those activities. He did not serve in the
People's Army of Vietnam or provide active assistance to the
Government of the Democratic Republic of Vietnam (North Vietnam). He
did not serve in or provide active assistance to forces opposed to
the Government of the Republic of Vietnam (South Vietnam) or forces
opposed to the United States during the period from 1958 through
1975. I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Sworn to and subscribed before me on
----------------------------------------------------------------------
(Date)
Notary Public:---------------------------------------------------------
Date:------------------------------------------------------------------
My commission expires on
----------------------------------------------------------------------
(Date)
For Surviving Spouse or Child of Deceased Commando (OP 35 Units-
Missions Into Laos or Along the Viet-Lao Border)
To the best of my information, knowledge, and belief, my
deceased family member served as a Vietnamese operative pursuant to
OP 35, and was captured and imprisoned by North Vietnam as a result
of his participation in operations in Laos or along the Lao-
Vietnamese border under the direction of OP 35. He did not serve in
the People's Army of Vietnam or provide active assistance to the
Government of the Democratic Republic of Vietnam (North Vietnam). He
did not serve in or provide active assistance to forces opposed to
the Government of the Republic of Vietnam (South Vietnam) or forces
opposed to the United States during the period from 1958 through
1975. He did not previously receive payment from the United States
Government as compensation for the period of captivity. He remained
in captivity after 1973. I declare under penalty of perjury under
the laws of the United States of America that the foregoing is true
and correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Sworn to and subscribed before me on
----------------------------------------------------------------------
(Date)
Notary Public:---------------------------------------------------------
Date:------------------------------------------------------------------
My commission expires on
----------------------------------------------------------------------
(Date)
Part C--Required Documents:
All documents submitted in support of an application for payment
should be originals when possible, or copies of the originals
certified by the official custodian of the documents. If certified
copies cannot be obtained, uncertified copies should be submitted.
If uncertified copies cannot be obtained, submit sworn affidavits
from two or more persons who have personal knowledge of the
information sought.
For the Commando/Operative (Person Described in Part A, Above)
(1) Identification. A document with his current legal name and
address (or legal name and address at death if deceased).
(2) Two or more sworn affidavits from individuals having
personal knowledge of the person's identity (these should be
submitted in addition to the document with current name and
address).
(3) One document of date of birth. A birth certificate, or if
unavailable, other proof of birth (e.g., passport).
(4) One document of name change, if the person's current legal
name is not the same as when he was sent on the OPLAN 34A or OP 35
missions.
(5) One document of evidence of guardianship. This is only
required if you are executing this document as the guardian of the
person identified in PART A. If you are a legally-appointed
guardian, submit a certificate executed by the proper official of
the court appointment. If you are not such a legally-appointed
guardian, submit an affidavit describing your relationship to the
person and the extent to which you are responsible for the care of
the person, or your position as an officer of the institution in
which the person is institutionalized.
(6) One document of evidence of imprisonment. This should be a
document issued by the government of North Vietnam showing the dates
of the person's imprisonment.
(7) Any documents of evidence of participation in covered
operations. These documents should be contracts, orders, or other
operational documentation corroborating participation in clandestine
operations under OPLAN 34A (or its predecessor) or OP 35.
For a Spouse or Surviving Child of a Deceased Person Described in Part
A, Above
In addition to documents (1) through (7) above concerning the
deceased person described in PART A, submit the following:
(8) One of the following documents as evidence of the Commando's
death:
(a) A certified copy of extract from the public records of
death, coroner's report of death, or verdict of a coroner's jury;
(b) A certificate by the custodian of the public record of
death;
(c) A statement of the funeral director or attending physician
or intern of the institution where death occurred;
[[Page 3477]]
(d) A certified copy, or extract from an official report or
finding of death made by an agency or department of the United
States government; or
(e) If death occurred outside the United States, an official
report of death by a United States Consul or other employee of the
State Department, or a copy of public record of death in the foreign
country.
(f) If you cannot obtain any of the above evidence of the
commando/operative's death, you must submit other convincing
evidence, such as signed sworn statements of two or more persons
with personal knowledge of the death, giving the place, date, and
cause of death.
(g) If you are submitting an application as a surviving spouse,
submit another document of the same type as evidence of the
Commando's spouse's death.
For the Spouse of a Deceased Person Described in Part A Above
In addition to documents described in PART C items (1) through
(8), above, each surviving spouse should submit the following:
(9) One of the following documents as evidence of your marriage
to the deceased person:
(a) A copy of the public records of marriage, certified or
attested, or an abstract of the public records, containing
sufficient information to identify the parties, the date and place
of marriage, and the number of prior marriages by either party if
shown on the official record, issued by the officer having custody
of the record or other public official authorized to certify the
record, or a certified copy of the religious record of marriage;
(b) An official report from a public agency as to a marriage
which occurred while the deceased person was employed by such
agency;
(c) An affidavit of the clergyman or magistrate who officiated;
(d) The certified copy of a certificate of marriage attested to
by the custodian of the records;
(e) The affidavits of two or more eyewitnesses to the ceremony;
or
(f) In jurisdictions where ``common law'' marriages are
recognized, an affidavit by the surviving spouse setting forth all
of the facts and circumstances concerning the alleged marriage, such
as the agreement between the parties at the beginning of their
cohabitation, places and dates of residences, and whether children
were born as the result of the relationship. This evidence should be
supplemented by affidavits from two or more persons who know as the
result of personal observation the reputed relationship which
existed between the parties to the alleged marriage, including the
period of cohabitation, places of residences, whether the parties
held themselves out as husband and wife and whether they were
generally accepted as such in the communities in which they lived.
(g) If you cannot obtain any of the above evidence of your
marriage, you must submit any other evidence that would reasonably
support a belief that a valid marriage actually existed.
(10) In addition, submit the following documents about ourself:
(a) Identification. A document with your current legal name and
address plus two or more sworn affidavits from individuals having
personal knowledge of your identity (these should be submitted in
addition to the document with current name and address).
(b) One document of date of birth. A birth certificate, or if
unavailable, other proof of birth (e.g. passport).
(c) One document of name change. If your current legal name is
the same as that during the marriage, this section does not apply.
Spouses whose current legal name is different than that used when
married should submit a document or affidavits to corroborate the
name change.
(d) One document of evidence of guardianship. If you are
executing this document as the guardian of the spouse, you must
submit evidence of your authority. If you are a legally-appointed
guardian, submit a certificate executed by the proper official of
the court appointment. If you are not such a legally-appointed
guardian, submit an affidavit describing your relationship to the
spouse and the extent to which you are responsible for the care of
the spouse or your position as an officer of the institution in
which the spouse is institutionalized.
For the Surviving Children
In addition to documents described in PART C items (1) through
(8), above, each surviving child should submit the following:
(11) One document as evidence of your relationship to your
parent (the deceased person described in PART A, above), as follows:
If A Natural Child:
(a) Birth certificate showing that the deceased person was your
parent.
(b) If the birth certificate does not show the deceased person
as your parent, a certified copy of:
(i) An acknowledgment in writing signed by the deceased person;
(ii) A judicial decree ordering the deceased person to
contribute to your support;
(iii) The public record of birth or a religious record showing
that the deceased person was named as your parent;
(iv) Affidavit of a person who knows that the deceased person
accepted you as his child; or
(v) Public records, such as records of school or welfare
agencies, which show that with the deceased person's knowledge, the
deceased individual was named as your parent.
If An Adopted Child:
An adopted child must submit a certified copy of the decree of
adoption.
If a Step-Child:
Submit all three of the following documents as evidence of the
step-child relationship:
(a) One document as evidence of birth to the spouse of the
deceased person, or other evidence that reasonably supports the
existence of a parent-child relationship between you and the spouse
of the deceased person;
(b) One document as evidence that you were either living with or
in a parent-child relationship with the deceased person at the time
of his death; and
(c) One document as evidence of the marriage of the deceased
person and the spouse, such as a certified copy of the record of
marriage, or an abstract of the public records containing sufficient
information to identify the parties and the date and place of
marriage issued by the officer having custody of the record, or a
certified copy of a religious record of marriage.
(12) In addition, submit the following documents about yourself:
(a) Identification. A document with your current legal name and
address plus two or more sworn affidavits from individuals having
personal knowledge of your identify (these should be submitted in
addition to the document with current name and address).
(b) One document of date of birth. A Birth certificate, or if
unavailable, other proof of birth (e.g., passport).
(c) One document of name change. If your current legal name is
the same as that shown on documents attesting to your birth, this
section does not apply. Persons whose current legal name is
different than that used on such documents should submit a document
or affidavit to corroborate the name change.
(d) One document of evidence of guardianship. If you are
executing this document as the guardian of the person identified as
a surviving child of a deceased person, you must submit evidence of
your authority. If you are a legally-appointed guardian, submit a
certificate executed by the proper official of the court
appointment. If you are not such a legally-appointed guardian,
submit an affidavit describing your relationship to the child and
the extent to which you are responsible for the care of the child,
or your position as an officer of the institution in which the child
is institutionalized.
Read the following statement carefully before signing this
document. A false statement may be grounds for punishment by fine or
imprisonment or both. This sworn declaration must accompany all
documents submitted to the Commission, whether with or separate from
the application.
For All Applicants
I declare under penalty of perjury under the laws of the United
States of America that the foregoing documents provided in Part C
are true and correct.
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
Sowrn to and subscribed before me on
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(Date)
Notary Public:---------------------------------------------------------
Date:------------------------------------------------------------------
My commission expires on
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(Date)
Dated: January 16, 1998.
Patricial L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-1534 Filed 1-22-98; 8:45 am]
BILLING CODE 5000-04-M
