32 C.F.R. Subpart A—General


Title 32 - National Defense


Title 32: National Defense
PART 270—COMPENSATION OF CERTAIN FORMER OPERATIVES INCARCERATED BY THE DEMOCRATIC REPUBLIC OF VIETNAM

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Subpart A—General

§ 270.1   Purpose.

The purpose of this part is to implement section 657 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104–201), which authorizes the Secretary of Defense to make payments to persons who demonstrate to the satisfaction of the Secretary of Defense that the persons were captured and incarcerated by the Democratic Republic of Vietnam as a result of the participation by the persons in certain operations conducted by the Republic of Vietnam.

§ 270.2   Definitions.

(a) Applicant. A person applying for payments under this part.

(b) Child of an eligible person. A recognized natural child, an adopted child, or a stepchild who lived with the eligible person in a regular parent-child relationship.

(c) Parents of an eligible person. Natural parents, adoptive parents, or step parents of a deceased person described in Part A of appendix A to this part. (Step parents must show that they established a parent-child relationship with the deceased person described in Part A of appendix A to this part.)

(d) Siblings by blood of an eligible person. Siblings related by blood to a deceased person described in Part A of appendix A to this part, including half-brothers and half-sisters.

(e) The Commission. The Commission authorized to oversee payments to certain persons captured and incarcerated by the Democratic Republic of Vietnam, established under this part.

(f) Eligible person. A person determined by the Commission as eligible for payment under subpart C of this part.

(g) OPLAN 34A. The operation carried out under the auspices of the government of South Vietnam and the U.S. Military Assistance Command Vietnam, Studies and Observations Group (MACV/SOG), starting in 1964, which inserted commandos into North Vietnam for the purpose of conducing intelligence and other military activities. OPLAN 34A also refers to predecessor operations which were precursors to OPLAN 34A operations. OP 35 refers to the small military units which were sent to conduct sabotage, reconnaissance, exploitation and other intelligence missions on or around the borders of Vietnam and Laos.

(h) North Vietnam. The Democratic Republic of Vietnam.

(i) OSD. The Office of the Secretary of Defense.

(j) The Secretary. The Assistant Secretary of Defense (Force Management Policy).

(k) South Vietnam. The Republic of Vietnam.

(l) Spouse of an eligible person. Someone who was married to that eligible person for at least 1 year immediately before the death of the eligible person.

(m) Required declaration. The statements to be signed and notarized in appendix A to this part. All applicants must sign part C and either part A or part B of appendix A to this part.

[63 FR 3472, Jan. 23, 1998, as amended at 63 FR 68195, Dec. 10, 1998]

§ 270.3   Effective date.

This part is effective on May 15, 1997.

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