[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):

----------------------------------------------------------------------

    (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:--------------------------------------------------------

----------------------------------------------------------------------

  (d) Brothers:--------------------------------------------------------

  (e) Sisters:---------------------------------------------------------

  (f) Others:----------------------------------------------------------

(10) Team name:--------------------------------------------------------

(11) Team role/duties (e.g., team leader, radioman):

----------------------------------------------------------------------

(12) Place of insertion:-----------------------------------------------

(13) Method of insertion (e.g., parachute, boat):

----------------------------------------------------------------------

(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):

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----------------------------------------------------------------------

(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:

----------------------------------------------------------------------

(a) Aliases:-----------------------------------------------------------
    (b) Former, or other names used:

----------------------------------------------------------------------

(2) Current Address:---------------------------------------------------

----------------------------------------------------------------------

(3) Telephone Number(s):-----------------------------------------------
(4) Identification Numbers:
    (a) U.S. Social Security Number (optional):
----------------------------------------------------------------------

    (b) U.S. Immigration and Naturalization Service (INS) Number:
----------------------------------------------------------------------

    (c) Vietnamese Identification Card Number:
----------------------------------------------------------------------

(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.

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    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