[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR270.7]

[Page 617-618]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 270_COMPENSATION OF CERTAIN FORMER OPERATIVES INCARCERATED BY THE 
 
           Subpart C_Standards and Verification of Eligibility
 
Sec. 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.
    (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

[[Page 618]]

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.