3472 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Rules and Regulations

The court may award the person who

prevails reasonable attorney fees, expert

witness fees, and other litigation expenses.

2. Federal Government as the Employer.

a. The same general enforcement

procedures established for private employers

are applied to Federal Executive Agencies as

an employer; however, if unable to resolve

the complaint, the Secretary of Labor shall

refer the complaint to the Office of Special

Counsel, which shall represent the

individual in a hearing before the Merit

Systems Protection Board if reasonably

satisfied that the individual is entitled to the

rights and benefits sought. The claimant also

has the option of directly filing a complaint

with the Merit Systems Protection Board on

his or her own behalf.

b. A person who is adversely affected or

aggrieved by a final order or decision of the

Merit Systems Protection Board may petition

the United States Court of Appeals for the

Federal Circuit to review the final order or

decision.

3. Federal Intelligence Agency as the

Employer. An individual employed by a

Federal Intelligence Agency listed in

subparagraph I.1. of this appendix, may

submit a claim to the inspector general of the

agency.

Appendix B to Part 104—Sample Employer

Notification of Uniformed Service

This is to inform you that (insert applicant

or Service member’s name) must report for

military training or duty on (insert date). My

last period of work will be on (insert date),

which will allow me sufficient time to report

for military duty. I will be absent from my

position of civilian employment for

approximately (enter expected duration of

duty as specified on your orders, and include

the applicable period you have to return or

submit notification of your return to work)

while performing military training or duty

unless extended by competent military

authority or delayed by circumstances

beyond my control. I otherwise expect to

return to work on (insert date).

lllllllllllllllllllll

Signature and date

lllllllllllllllllllll

Employer acknowledgment and date

Dated: January 16, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–1583 Filed 1–22–98; 8:45 am]

BILLING CODE 5000–04–M

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.

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

§ 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.

§ 270.2 Definitions.

(a) Applicant. A person applying for

payments under this part.
Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Rules and Regulations 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.

§ 270.3 Effective date.

This part is effective on May 15, 1997.

Subpart B—Commission

§ 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.

§ 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

§ 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.

§ 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.
3474 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Rules and Regulations

(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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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

§ 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.

§ 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

§ 270.7, within 45 days of receipt of the

notice from the Commission of

ineligibility. The Commission may
Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Rules and Regulations 3475

waive that time limit for good cause

shown.

§ 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

§ 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 StatesSouth 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:

lllllllllllllllllllll

(a) Aliases: llllllllllllll

(b) Former, or other legal names used:

lllllllllllllllllllll

(2) Current address or last address prior to

death:

lllllllllllllllllllll

lllllllllllllllllllll

(3) Mailing address for compensation check

in the event compensation is approved

(may be different from commando’s

current/last address):

lllllllllllllllllllll

lllllllllllllllllllll

(4) Telephone Number(s): llllllll

(5) Identification Numbers:

(a) U.S. Social Security Number (optional):

lllllllllllllllllllll

(b) U.S. Immigration & Naturalization

Service (INS) Number:

lllllllllllllllllllll

(c) Vietnamese Identification Card Number:

lllllllllllllllllllll

(6) Date of Birth: lllllllllllll

(7) Place of Birth: llllllllllll

(8) Distinguishing marks (e.g., scars):

lllllllllllllllllllll

(9) Family Identification:

(a) Parents:

Father: lllllllllllllll

Mother: lllllllllllllll

(b) Spouse: llllllllllllll

(c) Children: lllllllllllll

lllllllllllllllllllll

(d) Brothers: llllllllllllll

(e) Sisters: llllllllllllll

(f) Others: lllllllllllllll

(10) Team name: lllllllllllll

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

radioman):

lllllllllllllllllllll

(12) Place of insertion: llllllllll

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

boat):

lllllllllllllllllllll

(14) Date of insertion: llllllllll

(15) Date and place of capture:

lllllllllllllllllllll

(16) Detailed Record of confinement:

First Prison Name: lllllllllll

Date Arrived: lllllllllllll

Next Prison Name: lllllllllll

Date Transferred: lllllllllll

Next Prison Name: lllllllllll

Date Transferred: lllllllllll

Next Prison Name: lllllllllll

Date Transferred: lllllllllll

Next Prison Name: lllllllllll

Date Transferred: lllllllllll

Next Prison Name: lllllllllll

Date Transferred: lllllllllll

Next Prison Name: lllllllllll

Date Transferred: lllllllllll

Date of Final Release from Confinement:

lllllllllllllllllllll

Name of Prison/Camp/Location of Final

Release:

lllllllllllllllllllll

(17) Name, address, and telephone number of

counsel or attorney (if any):

lllllllllllllllllllll

lllllllllllllllllllll

(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: llllllllllllllll

Date: llllllllllllllllll

Sworn to and subscribed before me on

lllllllllllllllllllll

(Date)

Notary Public: llllllllllllll

Date: llllllllllllllllll

My commission expires on

lllllllllllllllllllll

(Date)
3476 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Rules and Regulations

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: llllllllllllllll

Date: llllllllllllllllll

Sworn to and subscribed before me on

lllllllllllllllllllll

(Date)

Notary Public: llllllllllllll

Date: llllllllllllllllll

My commission expires on

lllllllllllllllllllll

(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:

lllllllllllllllllllll

(a) Aliases: lllllllllllllll

(b) Former, or other names used:

lllllllllllllllllllll

(2) Current Address: lllllllllll

lllllllllllllllllllll

(3) Telephone Number(s): llllllll

(4) Identification Numbers:

(a) U.S. Social Security Number (optional):

lllllllllllllllllllll

(b) U.S. Immigration and Naturalization

Service (INS) Number:

lllllllllllllllllllll

(c) Vietnamese Identification Card Number:

lllllllllllllllllllll

(5) Date of birth: lllllllllllll

(6) Place of birth: llllllllllll

(7) Relationship to deceased person: llll

(8) Date and place of marriage (if surviving

spouse):

lllllllllllllllllllll

lllllllllllllllllllll

(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, stepchildren who lived with the deceased

person, and adopted children. Provide

the date of death for any who are

deceased.

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(10) Name, address, and telephone number of

counsel/attorney (if any):

lllllllllllllllllllll

lllllllllllllllllllll

(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: llllllllllllllll

Date: llllllllllllllllll

Sworn to and subscribed before me on

lllllllllllllllllllll

(Date)

Notary Public: llllllllllllll

Date: llllllllllllllllll

My commission expires on

lllllllllllllllllllll

(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 LaoVietnamese 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: llllllllllllllll

Date: llllllllllllllllll

Sworn to and subscribed before me on

lllllllllllllllllllll

(Date)

Notary Public: llllllllllllll

Date: llllllllllllllllll

My commission expires on

lllllllllllllllllllll

(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;
Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Rules and Regulations 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: llllllllllllllll

Date: llllllllllllllllll

Sowrn to and subscribed before me on

lllllllllllllllllllll

(Date)

Notary Public: llllllllllllll

Date: llllllllllllllllll

My commission expires on

lllllllllllllllllllll

(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