SYSTEM OF RECORDS NOTICES (SORNs)

DoD COMPONENT NOTICES

Office of the Secretary, DoD/Joint Staff

SYSTEM NAME:

Vietnamese Commando Compensation Files (November 30, 1998, 63 FR 65760).

SYSTEM LOCATION:

Commission on Compensation, Office of the Secretary of Defense, 4000 Defense Pentagon, Washington, DC 20301-4000.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who are former Vietnamese operatives who either (1) participated in OPLAN 34A (or its predecessor) and were captured and incarcerated by the Democratic Republic of Vietnam (DRG) as a result of such participation, or (2) participated in OPLAN 35, were captured and incarcerated by North Vietnam forces as a result of such participation in Laos or along Lao-Vietnamese border, remained in captivity after 1973 (or died in captivity), and have not previously received payment from the United States for the period spent in captivity, provided that neither claimant has served in the Peoples Army of Vietnam or provided active assistance to the Government of the DRG during the period 1958 through 1975; the surviving spouse of a deceased claimant; the surviving children (including natural and adopted) of the deceased claimant if there is no surviving spouse; parents of a deceased claimant if there is no surviving spouse or children; and siblings of the deceased claimant if there is no surviving spouse, children or parents of the deceased claimant.

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, (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.

PURPOSE(S):

To be 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 future 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, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

To the Department of Justice, Litigation Division, in connection with litigation concerning Au Dong Quy et al./Lost Commandos vs. United States for the purpose of representing the Department of Defense in pending or potential litigation to which the record is pertinent.

To the Central Intelligence Agency and the Immigration and Naturalization Service for the purpose of checking and verifying claim information.

The 'Blanket Routine Uses' set forth at the beginning of OSD's compilation of systems of records notices apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Hard copy files are maintained in file folders; computer files are stored on magnetic tape and disk.

RETRIEVABILITY:

Records are retrieved by name, date and place of birth, and/or Social Security Number if assigned and voluntarily furnished.

Safeguards:

Files are maintained under the direct control of office personnel in the Commission on Compensation during duty hours. Office is locked and alarmed during non-duty hours. Computer access requires log-on and password and computer media is stored in a controlled area.

RETENTION AND DISPOSAL:

Records will be maintained until all requirements of Pub.L. 104-201 are met and until a records disposition is obtained from the National Archives and Records Administration.

System Manager(s) and Address:

Commission on Compensation, Office of the Secretary of Defense, 4000 Defense Pentagon, Washington, DC 20301-4000.

Notification Procedure:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Commission on Compensation, Office of the Secretary of Defense, 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 Social Security Number 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 Commission on Compensation, Office of the Secretary of Defense, 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 Social Security Number 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.

Contesting Record Procedures:

The OSD's 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 is 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.