Office of the Secretary, DoD/Joint Staff
CLOSED - Vietnamese Commando Compensation Files (April 16, 2013, 78 FR 22526)
Washington National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This is a closed system – no new records may be added. Individuals who submitted claims for compensation under Pub.L. 104-201, Sections 657, as amended by Pub.L. 105-261, 658, payments to certain persons captured or interned by North Vietnam.
CATEGORIES OF RECORDS IN THE SYSTEM:
System (including documentation) is comprised of (1) names (including aliases, former names, or other names used); (2) current address; (3) current telephone number(s); (4) United States Social Security Number (SSN), (if any), United States Immigration and Naturalization Service (INS) Identification or similar number(s), (if any), and any equivalent social security or identification number(s), (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 (fingerprints, scars, etc.); (8) family identification, including (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); and (14) required sworn declaration of veracity of above, including denial of service with or collaboration with North Vietnam.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Pub.L. 104-201, Sections 657, as amended by Pub.L. 105-261, 658, payments to certain persons captured or interned by North Vietnam; and E.O. 9397, (SSN) as amended.
Records were used by officials of the Vietnamese Commandos Compensation Commission to (1) verify the identity of claimants; (2) ensure the claim has been submitted in a timely manner (on or before November 15, 1998); (3) adjudicate the claim; (4) establish verified list of claimants for disbursing agency and facilitate cash payments to claimants; (5) provide a check list for attorney's fees limitation (as specified in the law); (6) establish a check list of paid claimants to preclude future claims or judicial review; and (7) prepare reports to the Congress.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, the records contained herein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defense (OSD) compilation of systems of records notices may apply to this system.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
Paper file folders and electronic storage media.
Records are retrieved by name, date and place of birth, and/or SSN, if assigned and voluntarily furnished.
Records are now stored at the Washington National Records Center and are only released upon request. See "Record Access Procedures" below
RETENTION AND DISPOSAL:
Records will be owned by the DoD and physically maintained at the Washington National Records Center until January 2032 at which time ownership will be transferred to the National Archives and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
OSD Military Compensation Policy, 4000 Defense Pentagon, Washington, DC 20301-4000.
Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the office of OSD Military Compensation Policy, 4000 Defense Pentagon, Washington, DC 20301-4000.
Requesters should provide full name and any former names used and date and place of birth. If a requester has a SSN and desires to furnish it, he or she may do so but failure to provide it will not result in the request not being processed.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the Office of the Secretary of Defense/Joint Staff Freedom of Information Act Requester Service Center, 4800 Mark Center Drive, Alexandria, VA 22350-3100.
Requesters should provide full name and any former names used and date and place of birth. If a requester has a SSN and desires to furnish it, he or she may do so but failure to provide it will not result in the request not being processed. The request must also be signed and include the number of this system of records notice.
CONTESTING RECORD PROCEDURES:
The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are contained in OSD Administrative Instruction No. 81; 32 CFR part 311; or may be obtained from the system manager.
RECORD SOURCE CATEGORIES:
Information was received from claimants, their survivors, their attorneys and other authorized representatives; third party individuals; the Department of Defense; and Government intelligence agencies; the Immigration and Naturalization Service; and from the National Archives and Records Administration.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 552a(k)(1).
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b) (1), (2), and (3), (c) and (e) and published in 32 CFR part 311. For additional information contact the system manager.
FEDERAL REGISTER HISTORY:
November 30, 1998, 63 FR 65760; April 13, 2013, 78 FR 22526.