[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Rules and Regulations]
[Pages 39941-39946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19565]
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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: Interim 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.
DATES: This rule is effective May 15, 1997. Comments are requested on
or before September 23, 1997.
ADDRESSES: Forward comments to: Directorate of Compensation, Office of
the Secretary of Defense, 4000 Defense Pentagon, Washington, D.C.,
20301-4000.
FOR FURTHER INFORMATION CONTACT: Peter Ogloblin, or David Pronchick
(703) 695-3176.
SUPPLEMENTARY INFORMATION: All comments received will be considered
when preparing the final rule.
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 interim 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, Vietnam.
Accordingly, 32 CFR part 270 is added to read as follows:
[[Page 39942]]
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 of Commission.
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 of judicial review or legal cause of action.
270.14 Limitation on attorneys fees.
Subpart E--Appeal Procedures
270.15 Notice of the Commission's determinations.
270.16 Procedures for filing petitions for reconsideration.
270.17 Action on appeal.
Subpart F--Reports to Congress
270.18 Reports to Congress.
Appendix A to Part 270--Application for payment
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.
(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 interned by the Democratic Republic of
North 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
conducting intelligence and other military activities. OPLAN 34A also
refers to predecessor operations which were precursors to OPLAN 34A
operations. OPLAN 35 means a separate but similar operation in which
small military units were sent to conduct sabotage, reconnaissance, and
other intelligence missions on or around the borders of Vietnam, Laos
and Cambodia.
(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 shall become 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 OSD,
who shall be the chairman of the Commission, and one representative
from the Office of the Secretary of the Army, who shall function as the
Staff Director. The Commission shall also be composed of 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 an operative captured and incarcerated by North Vietnam as
a result of his participation in operations conducted under OPLAN 34A
or its predecessor program; or
(2) Served as a Vietnamese operative under OPLAN 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 OPLAN 35; and
(3) Remained in captivity after 1973 (or died in captivity) after
participation in either OPLAN 34A or its predecessor program or OPLAN
35; and
(4) Has not previously received payment from the United States
Government for 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
[[Page 39943]]
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
Payment as set out as Appendix A to this part, along with all
corroborating documents and informed 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
Payment 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 Payment. In addition,
all applicants must sign and have notarized the declaration in either
Part A or Part B of the Applicant for Payment. If portions of the
Application for Payment 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
payments throughout the claims process, including appellate actions and
final payment or denial of claims.
(2) Provide on site personnel at the National Archives Center,
College Park, Maryland, to organize and translate finance records for
review.
(3) Upon receipt of each Applicant for Payment, 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.
(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 request to DFAS to effectuate payments.
(7) Prepare notification letters, on behalf of 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, determined
appropriate fund cite that will be used for payments.
(9) Assist in the preparation of required Reports to Congress.
(10) Determined administrative budgetary support requirements and
submit funding request to OSD.
(11) Provide for clerical and administrative support for the
Commission.
(12) Create and maintain a system of records to manage all
information generated by the processing of Applications for Payment
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 Payment, 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, applicant must file
Applications for Payments with the Commission within 18 months of the
effective date of these regulations, May 15, 1997.
Sec. 270.11 Limitation on disbursement.
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 continue full satisfaction of all claims
by or on behalf of that person against the United States arising from
operations under OPLAN 34A or OPLAN 35.
[[Page 39944]]
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.
Subpart E--Appeal Procedures
Sec. 270.15 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. 270.16 Procedures for filing petitions for reconsideration.
A petition 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 from the receipt of
the notice from the Commission of ineligibility. The Commission may
waive that time limit for good cause shown.
Sec. 270.17 Action on appeal.
(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 revised.
(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. 270.18 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 Payment
Application for Payment
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.
Commission on Compensation, Office of the Secretary of Defense, 4000
Defense Pentagon, Washington, D.C. 20301-4000.
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 imprisoned by the North Vietnamese
government is the basis for applying for payment:
(1) Current legal name:
(a) Aliases:
(b) Former, or other names used:
(2) Current address:
(3) Telephone Number(s):
(4) United States Social Security Number (optional); United
States Immigration and Naturalization Service (INS) identification
or similar number(s) (if any); and any equivalent social security or
identification numbers (if any) issued to applicant by the
Democratic Republic of Vietnam, the Republic of Vietnam, or the
current government of Vietnam:
(5) Date of Birth:
(6) Place of birth:
(7) Distinguishing marks (e.g., scars):
(8) Family Identification:
(a) Parents:
(b) Spouse:
(c) Children:
(d) Brothers:
(e) Sisters:
(f) Others:
(9) Team name:
(10) Place of insertion:
(11) Date of launch:
(12) Dates of captivity:
(13) Name, address, and telephone number of counsel or attorney
(if any):
(14) Required Declaration--(Note: If former operative is
deceased, do not sign here; complete and sign Parts B and C below):
I served as an operative pursuant to OPLAN 34A or its
predecessor operation, or a Vietnamese operative pursuant to OPLAN
35, 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 have not
previously received payment from the United States Government as
compensation for the period of captivity. I declare under penalty of
perjury under the laws of the United States of America that the
foregoing is true and correct.
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Signature
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Date
Sworn to and subscribed before me on ____________ (Date).
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Notary Public
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Date
My commission expires on ____________ (Date).
Part B--In addition to PART A, above, complete the following if
applicant is a surviving spouse or child of the deceased person
described in PART A, above.
(1) Current legal name of person submitting this application:
(a) Aliases:
(b) Former, or other names used:
(2) Current address:
(3) Telephone numbers:
(4) United States Social Security Number (optional), United
States Immigration and Naturalization Service (INS) identification
or similar number(s) (if any), and any
[[Page 39945]]
equivalent social security or identification numbers (if any) issued
to applicant by the Democratic Republic of Vietnam, the Republic of
Vietnam, or the current government of Vietnam:
(5) Date of birth:
(6) Place of birth:
(7) Relationship to deceased person:
(8) Date and place of marriage to deceased person (if you are a
surviving spouse):
(9) If you are a surviving child of a deceased person who would
have been eligible for payment and there is no surviving spouse--
list the names and addresses (if known) 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 children who are deceased.
(10) Name, address, and telephone number of counsel or attorney
(if any):
(11) Required Declaration (Note: If former operative is
deceased, applicant must sign in this part and Part C below.)
To the best of my information, knowledge, and belief, the
deceased person described in Part A, above, served as an operative
pursuant to OPLAN 34A or its predecessor operation, or as a
Vietnamese operative pursuant to OPLAN 35, 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 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 never previously received payment from the United States
Government as compensation for the period of captivity, except for
any death gratuity that may have been paid. I declare under penalty
of perjury under the laws of the United States of America that the
foregoing is true and correct.
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Signature
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Date
Sworn to and subscribed before me on ____________ (Date).
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Notary Public
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Date
My commission expires on ____________ (Date).
Part C--Documents Required
All documents submitted in support of an application for payment
should be originals. If originals cannot be obtained, official
copies of the originals certified by the official custodian of the
documents should be submitted. 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.
The commission may waive the requirement for the following
documents for good cause shown. Any such waiver shall not affect the
burden on applicants of demonstrating eligibility for payments.
For the Person Described in Part A, Above
(1) Identification. A document with his current legal name and
address (unless deceased), plus 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).
(2) One document of date of birth. A birth certificate, or if
unavailable, other proof of birth (e.g., passport).
(3) One document of name change. If the person's current legal
name is the same as when sent on the OPLAN 34A or 35 missions, this
section does not apply. If the person's current legal name (or name
at the time of death) is different than that used when sent on the
OPLAN 34A or 35 missions should submit a document or affidavit to
corroborate the name change.
(4) One document of evidence of guardianship. If you are
submitting this document on your own behalf, or if this application
is being submitted by the spouse or surviving children of a deceased
eligible person, this section does not apply. If you are executing
this document as the guardian of the person identified in PART A,
above, 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 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.
(5) 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.
(6) 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 OPLAN 35.
For the Spouse or Surviving Children of a Deceased Person Described
in Part A, Above
In addition to the documents described in PART C items (1)
through (6) above concerning the deceased person described in PART
A, above, submit the following:
(7) One of the following documents as evidence of the deceased
person's death:
(a) A certified copy or 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;
(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.
If you cannot obtain any of the above evidence of your spouse'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.
For the Spouse of a Deceased Person Described in Part A Above
In addition to the documents described in Part C items (1)
through (7) above concerning the deceased person described in Part A
above, submit the following:
(8) 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.
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.
(9) 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 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).
[[Page 39946]]
(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
(7), above, each surviving child should submit the following:
(10) 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.
(11) 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 your 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.
I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct.
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Signature
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Date
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Name (Print or Type)
Dated: July 21, 1997.
Patricia L. Toppings,
Alternate OSD Federal Register, Liaison Officer Department of Defense.
[FR Doc. 97-19565 Filed 7-24-97; 8:45 am]
BILLING CODE 5000-04-M
