[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Notices]
[Pages 35158-35160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17002]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.
ACTION: Notice to add a system of records.

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SUMMARY: The Office of the Secretary proposes to add a system of 
records notice to its existing inventory of record

[[Page 35159]]

systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended. The system is identified as DFMP 26, entitled Vietnamese 
Commando Compensation Files.
DATES: This proposed action will be effective without further notice on 
July 30, 1997, unless comments are received which result in a contrary 
determination.
ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
Section, Directives and Records Division, Washington Headquarter 
Services, Correspondence and Directives, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-0970 
or DSN 225-0970.
SUPPLEMENTARY INFORMATION: The Office of the Secretary systems of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on June 10, 1997, to the 
House Committee on Government Reform and Oversight, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, `Federal Agency Responsibilities for Maintaining Records About 
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
    Dated: June 25, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DFMP 26

System name:
    Vietnamese Commando Compensation Files.

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 capativity after 
1973 (or died in captivity), and have not previously received payment 
from the United States for the period spent in capativity, 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.

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, Section 657, Payments to certain persons captured 
and 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 October 1, 
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 logon 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

[[Page 35160]]

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 records 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.
[FR Doc. 97-17002 Filed 6-27-97; 8:45 am]
BILLING CODE 5000-04-F