[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Rules and Regulations]
[Pages 1671-1672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-411]


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DEPARTMENT OF DEFENSE

Department of the Navy

RIN 0703-ZA00


Policies and Responsibilities for Implementation of SECNAVINST 
7220.85, Notice of Back Pay for Members of the Navy and Marine Corps 
Selected for Promotion While Interned as Prisoners of War (POW) During 
World War II

AGENCY: Department of the Navy, DoD.

ACTION: Policy statement.

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SUMMARY: The Department of the Navy (DON) hereby gives notice of 
implementing its instruction (SECNAVINST 7220.85), an internal 
regulation that establishes the responsibilities and procedures within 
DON regarding the payment of back pay to any person who, by reason of 
being interned as a POW while serving as a member of the Navy or Marine 
Corps during World War II (WW II), was not available to accept a 
promotion for which the person had been selected.

DATES: This rule is effective until January 10, 2007.

ADDRESSES: The WW II Prisoner of War Promotion Back Pay Application and 
all pertinent information should be mailed to Headquarters, U.S. Marine 
Corps, 2 Navy Annex, RFF-F10, Washington, DC 20380-1775 or Commander, 
Navy Personnel Command (PERS 62), 5720 Integrity Drive, Millington, TN 
38055.

FOR FURTHER INFORMATION CONTACT: Deputy Commandant of the Marine Corps 
for Programs & Resources, [Headquarters, U.S. Marine Corps, 2 Navy 
Annex, RFF-F10, Washington, DC 20380-1775 / 1-866-472-7139] or 
Commander, Navy Personnel (PERS 62) [Retired Activities Branch-62, 5720 
Integrity Drive, Millington, Tennessee 38055 / (901) 874-4396].

SUPPLEMENTARY INFORMATION: Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, sec. 667 (Pub. L. 106-398), 
directed the DON to pay, from currently available appropriations, back 
pay to persons interned during World War II, who were selected for 
promotion but not available to accept the promotion. The Act authorizes 
payment to the former member or a surviving spouse of the deceased 
former member. If there is no surviving spouse of the deceased former 
member, no claim may be paid.
    The amount of back pay payable is the amount equal to the 
difference between:
    (1) The total amount of basic pay that would have been paid if the 
person had been promoted to the grade to which selected; and
    (2) The total amount of basic pay that was actually paid.
    The back pay computation period is the period:
    (1) Beginning on the date as of when that person's promotion would 
have been effective for pay purposes but for the person's internment as 
a POW; and
    (2) Ending on the earliest of:
    (a) The date of the person's discharge or release from active duty;
    (b) The date on which the person's promotion to that grade in fact 
became effective for pay purposes; or
    (c) The end of World War II.
    To be eligible for payment, claims must be postmarked within 2 
years of publication in the Federal Register.
Definitions
    a. World War II. The period of time beginning on December 7, 1941, 
and ending on December 31, 1946, as defined in 38 U.S.C. 101(8).
    b. Surviving spouse. A husband or wife by lawful marriage who out 
lives the other spouse.
Policy
    a. DON will take action to ensure that the benefits and eligibility 
for benefits are widely publicized and that all persons eligible for 
payment are afforded an opportunity to apply. Notification will be made 
through all appropriate means such as organizational newsletters, 
Internet websites, published media, and retiree correspondence.
    b. While there is no requirement to submit a POW Promotion Back Pay 
Application, eligible veterans or surviving spouses must provide the 
information requested on the POW

[[Page 1672]]

Promotion Back Pay Application to the appropriate service point of 
contact.
    c. Notwithstanding any power of attorney, assignment of interest, 
contract, or other agreement, actual disbursement of a payment under 
this instruction shall be made only to a person who is eligible as 
described in the first paragraph of the SUPPLEMENTARY INFORMATION.
    d. Notwithstanding any contract, the representative of any eligible 
person may not receive, for services rendered in connection with the 
claim of, or with respect to, a person under this instruction, more 
than 10 percent of the amount of a payment on that claim.
Responsibilities
    The Under Secretary of the Navy establishes program policy. To 
support the Under Secretary, the following responsibilities are 
assigned to the Deputy Commandant of the Marine Corps for Programs and 
Resources (RFF) and Commander, Navy Personnel Command (PERS 62) who 
shall, for their respective Services:
    a. Develop program policy and procedures to ensure payment of back 
pay is made within 18 months of receiving a valid claim;
    b. Provide oversight of program implementation;
    c. Serve as the focal point inside and outside of their Service for 
all matters pertaining to the payment of back pay for persons eligible 
under this regulation;
    d. Coordinate service-wide efforts to notify eligible persons;
    e. Track and perform follow-up on all applications under this 
regulation.
Action
    Deputy Commandant of the Marine Corps for Programs & Resources 
(RFF), and Commander, Navy Personnel Command (PERS 62) will publicize 
this entitlement through various media resources, compile requests, 
verify eligibility, compute entitlement, and coordinate with Defense 
Finance Accounting Service (DFAS) to disburse payments for Marine Corps 
and Navy claims, respectively, for all claims for POW back pay 
resulting from SECNAVINST 7220.85.
    The Department of the Navy has determined that this regulation is 
not a significant rule as defined by Executive Order 12866 and is not 
subject to the relevant provisions of the Regulatory Flexibility Act of 
1980 (5 U.S.C. 605(b)).

    Dated: December 28, 2004.
J.H. Wagshul,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 05-411 Filed 1-7-05; 8:45 am]
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