U.S. declared him dead

World News

Christus Rex Information Service

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19 June 1996

ASSOCIATED PRESS - Wednesday, 19 June 1996

Vietnamese commando never knew U.S. declared him dead

Copyright © 1996 Nando.net

Copyright © 1996 The Associated Press

WASHINGTON (Jun 19, 1996 3:30 p.m. EDT) -- Back from the officially dead, Ha Van Son said Wednesday that during nearly 20 years in a North Vietnamese prison he never knew that the United States had declared him killed in action and stopped paying his salary to his family.

During an appearance before the Senate Intelligence Committee, the former commando was shown a document that said, "This payment reflects full settlement of death gratuity and the United States government is hereby released from any future claims arising from this incident."

"This is my father's signature," he said, examining the single sheet of paper.

Son was one of about 500 commandos infiltrated into North Vietnam as part of a disastrous operation throughout the 1960s.

Many of the commandos were killed and nearly all the others were captured and put in prison. Nearly 200 survived and now live in the United States. They have filed suit in the U.S. Court of Claims in an effort to obtain $2,000 each for every year they spent in prison.

The government has asked for dismissal of the suit on the ground it involves a secret contract for a covert operation and therefore is unenforceable in U.S. courts.

However, Sen. John Kerry, D-Mass., said he and other members of Congress who served in Vietnam are filing legislation authorizing the payment to the commandos. The Clinton administration supports the legislation.

"The United States owes these men a debt that can never be repaid," Kerry told the Intelligence Committee.

Kerry quoted a Pentagon memo written in 1969 that referred to the process of "declaring so many of them dead each month until we had written them all off and removed them from the monthly payrolls."

Sedgwick Tourison Jr., author of a book about the commandos, said that the deputy chief of South Vietnamese covert operations was a spy for the Hanoi government and alerted the communists each time a team was sent to North Vietnam.

Sen. Bob Kerrey, D-Neb., who was awarded the Congressional Medal of Honor for his service as a Navy SEAL in Vietnam, asked why U.S. negotiators did not ask for release of the commandos during peace talks with the Vietnamese. The talks resulted in an agreement that eventually led to U.S. withdrawal from South Vietnam and the reunification of the country under the Hanoi government.

"He was presumed dead," said retired Maj. Gen. John K. Singlaub, who served two years as commander of the group that controlled the secret operation.

"Obviously, the criteria was lower for ARVN (South Vietnamese soldiers) than it was for U.S. soldiers," said Kerrey.

At first, Singlaub said that the U.S. had no obligation for the commandos because they were part of a South Vietnamese operation.

Hà văn Sơn và tướng Singlaub tại Fort Bragg

But under questioning by Sen. Arlen Specter, R-Pa., the general conceded that Son was part of an operation controlled by Americans.

With Singlaub seated immediately to his left at the witness table, Son told the committee, "Some leaders didn't think about the men who fight for the freedom."

Sometimes struggling to make himself understood in English, Son said, "In 1967 after I was captured because two helicopters were shot down, when I was captured I believed the American government will take me out.

"You didn't think about what you do ... How can I tell you right now, I talk about my life with everybody and with senators because I think the United States of America is a good nation."

After his testimony, Son said in an interview that "my father received information from the Americans that I was killed in action."

"All the time I was in prison in North Vietnam my family was my father and my mother. (I believed they) received the money month by month. But in fact, no," he said.

Operation Just Cause...for as long as it takes

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From Mary and Chuck Schantag, P.O.W. NETWORK

In the 20th century alone, more than 147,00 Americans were captured and becamed prisoners of war. Of that number, more than 15,000 died in captivity. Add to this the 90,000 who are still unaccounted for, and it staggers the mind.

So few Americans realize the price of Freedom. While memorials to the dead remind us of the ultimate sacrifice, how many remember to look past the facades and smiles, to the hidden scars, the memories, the physical pain, that our veterans endure daily?

Last November, we spent time with many returned POWs from the Korean War. We got to meet more than a dozen survivors of the Chosin Reservoir. Proud men. They told stories of frozen limbs and lost friends, remembered still. Why do you care, they asked?

In May, the we had the honor to meet more than 280 of our Vietnam returnees. Special heroes that came home after Vietnam. It was not until placing photos in albums, that the shock of their survival set in.

The pictures of the Hon. Tom Collins were noted with "held 8 years, 4 months." Col. Bob Jeffrey's said "held 7 years 2 months." You would have never known by the handshakes and smiles. We met former POW "Pop" Kiern -- held in WWII and again in Vietnam. Some were WWII heroes. Some fought again in Korea. And they fought again in Vietnam. When we asked BGen Robbie Risner to autograph his book, he apologized to us! - my handwriting is really bad, they broke my hands so many times, he told us.

We met three special men, not realizing till after we came home, they had survived 22 YEARS in North Vietnamese prisons. Trinh Sam, Nguyen Kien and Ha van Son were commandos. How can our government tell us our POWs could not have survived - cannot still be alive ?

Freedom has never had such definition.The stars and stipes will forever more bring visions of dozens of former POWs singing the Star Spangled Banner. The P.O.W. flag -- visions of Monica Storz, talking about her dad, Ron, who died in captivity. Even the children's nursery rhyme, Old MacDonald, will forever carry the sound of Doug Hegdahl repeating the names of more than 200 prisoners, "for show" as he did more than 25 years ago. A Purple Heart pin -- will always recall visions of a room full of proud, proud, men.

The price of freedom is high. A select few have paid that price for all of us. How much more appreciated this 4th of July will be for those of us that did not serve. How much more grateful for all of those that did serve, we should all be.

How much harder we need to work to make sure there is Liberty, and justice, for all.

Mary and Chuck Schantag, P.O.W. NETWORK 

HONORING FORMER SOUTH VIETNAMESE ARMY COMMANDOS

(House of Representatives - May 21, 1998)

[Page: H3733]  GPO's PDF

(Ms. SANCHEZ asked and was given permission to address the House for 1 minute and to revise and extend her remarks.)

Ms. SANCHEZ. Mr. Speaker, 2 weeks ago the House Committee on National Security unanimously approved my amendment to honor and recognize the former South Vietnamese army commandos who were employees of the United States Government during the Vietnam War.

Today, the Members of this House had the opportunity to properly honor those brave men by supporting the Department of Defense authorization bill for fiscal year 1999.

Last year, the President signed into law legislation that I advocated to ensure that the United States Government honor a 30-year-old bad debt and pay these men who worked for the United States Government the wages they earned but were denied during the Vietnam War.

These individuals were trained by the Pentagon to infiltrate and destabilize communist North Vietnam.

Many of these commandos were captured and tortured while in prison for 15 to 20 years, and many never made it out.

Declassified DOD documents showed that U.S. officials wrote off the commandos as dead even though they knew from various sources that many were alive in Vietnamese prisons.

The documents also show that U.S. officials lied to the soldiers' wives, paid them tiny `Death Gratuities' and washed their hands of the matter.

For example, Mr. Ha Van Son was listed as dead by our Government in 1967, although he was known to be in a communist prison in North Vietnam. Today he is very much alive and well and living in Chamblee, GA. In my hand I hold the United States Government's official declaration of his death.

Because it was a secret covert operation, the U.S. Government thought they could easily ignore the commandos, their families, friends, and their previous contacts without anyone noticing.

As the Senior Senator from Pennsylvania said in a recent hearing, `This is a genuinely incredible story of callous, inhumane, and really barbaric treatment by the United States.'

In the 104th Congress, this House approved legislation that required the Department of Defense to pay reparations to the commandos.

This bill would have provided $20 million to the commandos and their survivors, an average grant of about $40,000 per commando. It called them to be paid $2,000 a year for every year they were in prison, less than the wages they were due.

President Clinton signed this legislation into law (Public Law 104-201).

However, in April of 1997, the Department of Defense said that the statute was legislatively flawed and the Secretary could not legally make payments. I then contacted Secretary Cohen requesting the administration's help to correct this error.

The administration responded by supporting inclusion of the funding in the Supplemental Appropriations Bill for fiscal year 1997 (Public Law 105-18)

Last year, I met at a public forum with 40 commandos from my district.

One individual shared with me his story of how he parachuted into enemy territory, was captured, convicted of treason, beaten, thrown into solitary confinement for 11 months, then moved among hard--labor camps for the next seven years.

His story is not unlike countless others. I request unanimous consent to insert into the record one story of this abuse headlined `Uncommon Betrayal' as reported by an Atlantia newspaper recently.

Today, however, I am pleased to provide this Body with this update.

To date, the Commando Compensation Board has been established at the Pentagon; 266 claims have been processed; 142 Commandos have been paid.

All this was made possible because of the commitment of this House.

After years of torture by the North Vietnamese, the callousness of being declared dead by the United States Government, and years of anguish over not receiving their rightful compensation--these brave men now deserve recognition.

The South Vietnamese Lost Army Commandos are finally a step closer to having the United States Government honor their contracts for their years of service to the United States Army.

I am proud that the members of the House had an opportunity to properly honor these brave men

We can not bring those who perished back, but we can give these individuals the dignity and respect that's been so long overdue.

Who supports this resolution?

The State of California American Legion strongly endorses this amendment and I would like to submit the letter from the Department Commander Frank Larson into the Record.

In Commander Larson's letter dated May 1, 1998, he states, `Ms. Sanchez: I'm sure if history were unfolded for all to see it would show that the South Vietnamese commandos, who aided the United States Government in covert actions against the North Vietnamese, were responsible for saving many American lives.'

It goes on to say: `To that end, the same recognition due our soldiers, sailors, marines and airman involved in the Vietnamese Conflict should be afforded to the former South Vietnamese commandos, who so gallantly served and endured.'

It is also supported by: The Air Commando Organization; The Special Forces Organization.

American veterans who fought side by side with the Commandos, come to their defense in letters of support. 

I would like to share with you what our soldiers have to say about the commandos.

This letter comes from a special forces NCO:

`Dear Sir: I had the opportunity to work with these men in which they not only risked their lives, but continually put themselves in harms way. * * * We are aware of terrible trials and conditions these men endured for so long and we would like to help * * *'

I would also like to take this opportunity to mention that last year, during POW/MIA recognition day, I had the opportunity to meet with several members of my veteran community.

I had the opportunity to speak with former POWs and family members whose loved ones were taken as prisoners or declared missing in action. Several of the veterans mentioned their support for the Commandos and urged that the Government honor its word.

Today, we gave these commandos what they really wanted, the distinction of honoring their service in the Vietnam War. And on behalf of the 40 commandos residing in the 46th Congressional District of California, I would like to thank the Members of this body for their commitment to honor and to recognize the former South Vietnamese army commandos.

Mr. Speaker, I submit for the Record a series of documents relating to these former South Vietnamese commandos.

[Page: H3734]  GPO's PDF 

BACKGROUND:

The 1997 Defense Authorization Act authorized the Secretary of Defense to compensate Vietnamese operatives who participated in specific missions (described below) during the Vietnam War. The Assistant Secretary of Defense (Force Management Policy) appointed a Commission to adjudicate the individual claims of the commandos, and tasked the Army to provide a voting member for the Commission, establish a Commission Support Staff to process and pay claims determined valid by the Commission, and to provide a Staff Director. The Secretary of the Army tasked this mission to the Deputy Under Secretary of the Army (International Affairs)(DUSA-IA). The Support Staff is a Field Operating Agency of the Army Secretariat, and reports to the Military Deputy to the DUSA-IA. The DUSA-IA is the DoD Executive Agent for providing direct support to the Commission. 

"Predecessor Operations" :

Vietnamese individuals recruited and contracted as intelligence agents by the South Vietnamese Government from 1960 to 1963, were trained, equipped and funded by the CIA to conduct covert intelligence operations inside North Vietnam. The concept of this operation, as Army MG (Ret.) John Singlaub testified, was

"to introduce these intelligence assets into North Vietnam to perform basically three missions. First, was to collect positive intelligence on the North Vietnamese in North Vietnam. The second was to conduct limited and very specific sabotage activities. And finally their mission would be to become a cadre for a resistance operation against the North Vietnamese communist regime."

Almost all of the agents were either killed or captured by the North Vietnamese. According to an article introduced during these hearings by Sedgwick Tourison, author of Secret Army, Secret War, "[b]etween 1960 and late in 1963, roughly 250 agents sent by the CIA and South Vietnam into North Vietnam were lost…."

OPLAN 34A:

Responsibility for the conduct of the operations transferred from the CIA to DoD in January, 1964, when the Military Assistance Command Vietnam Special Operations Group (later changed to "Studies and Observations Group")(MACVSOG) was formed. Despite signs that several of the teams were compromised/captured, DoD continued the operations under the newly formed MACVSOG. According to Mr. Tourison’s Congressional Record article, "[b]etween the spring of 1964 and October 1967, MACVSOG lost 240 more agents inside North Vietnam and scores of agents in adjacent Laos and Cambodia." None were released from North Vietnamese prison camps or reeducation centers in 1973 when known American prisoners were repatriated under the terms of the Paris Peace Accords.

OP35:

Another component of MACVSOG, employed American-led teams to conduct cross-border operations, primarily into Laos and along the Lao-Vietnamese border. These operations were conducted from 1965 up until 1972. The 12-man teams normally consisted of 2 or 3 Americans and 9 Vietnamese, primarily from one of the Montagnard tribes or of other minority ethnic extraction. Although these operations were much more successful, perhaps as many as 20 - 30 Vietnamese were taken prisoner by the Communists during this period.

[Federal Register: December 10, 1998 (Volume 63, Number 237)]

[Rules and Regulations]

[Page 68194-68197]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10de98-15]

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DEPARTMENT OF DEFENSE

Office of the Secretary

 32 CFR Part 270

 RIN 0790-AG67

Compensation of Certain Former Operatives Incarcerated by the

Democratic Republic of Vietnam

AGENCY: Office of Under Secretary of Defense for Personnel and

Readiness, DoD.

ACTION: Interim final rule.

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SUMMARY: This rule amends part 270 to reflect changes necessary as a result of new language in Section 658 of the FY99 National Defense

Authorization Act. Section 658 expands the field of beneficiaries of the Vietnamese Commandos Compensation Commission to parents and

siblings of deceased Commandos. It also adds words ``notwithstanding any agreement (including a power of attorney) to the contrary, the

actual disbursement'' must be made directly to the person who is eligible for the payment. This rule also amends part 270 to reflect necessary technical changes to accommodate the new language.

EFFECTIVE DATE: This rule is effective October 17, 1998. Comments are requested by February 8, 1999.

ADDRESSES: Forward comments to Commission on Compensation, Office of the Secretary of Defense, 4000 Defense Pentagon, Washington, DC 20301- 4000.

FOR FURTHER INFORMATION CONTACT: Mr. Chuck Witschonke, (703) 693-1059 or LTC Frank Hudson, (703) 588-6570.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

It has been determined that this is not a significant rule as defined under section 3(f)(1) through 3(f)(4) of Executive Order 12866.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

It has been determined that this rule will not have a significant economic impact on a substantial number of small entities because it

affects only a limited

[[Page 68195]]

number of Vietnamese Commandos who were incarcerated in North Vietnam, and as such, does not affect small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

It has been certified that this rule does not impose reporting and recordkeeping requirements under the Paperwork Reduction Act of 1995.

The reporting and recordkeeping requirements are exempt from this Act, as it directly involves active litigation in which the U.S. is a party.

The specific exemption from the Paperwork Reduction Act is found in 5 CFR Part 1320. The information collection in this interim final rule

is exempt from OMB approval under Sec. 1320.4(a)(2), ``Controlling Paperwork Burdens on the Public; Regulatory Changes Reflecting

Recodification of the Paperwork Reduction Act''.

Public Law 104-4, ``Unfunded Mandates Report Act of 1995 (UMRA)' 

It has been determined that this rule does not contain a federal mandate that may result in expenditures of $100 million or more for

state, local, and tribal governments, in the aggregate, or the private sector in any one year.

List of Subjects in 32 CFR Part 270

Military personnel, Payments, Prisoners of war, Vietnam.

Accordingly, 32 CFR part 270 is amended to read as follows:

PART 270--[AMENDED]

1. The authority citation for 32 CFR part 270 continues to read as follows:

Authority: Sec. 657, Pub. L. 104-201, 110 Stat. 2422.

2. Section 270.2, ``Definitions,'' is amended by redesignating

paragraphs (c), (d), (e), (f), (g), (h), (i), (j), and (k) as

paragraphs (e), (f), (g), (h), (i), (j), (k), (l), and (m),

respectively, and by adding paragraphs (c) and (d) to read as follows:

Sec. 270.2  Definitions.

* * * * *

(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.

* * * * *

3. Section 270.6, ``Standards of eligibility,'' is amended by removing the period and adding ``; or'' at the end of paragraph (b)(2), and adding paragraphs (b)(3) and (b)(4) to read as follows:

Sec. 270.6  Standards of eligibility.

* * * * *

(b) * * *

(3) If there is no surviving spouse of an eligible person and no surviving children of an eligible person, to the surviving parents of an eligible person, in equal shares (step parents take equal shares the same as natural parents); or (4) If there is no surviving spouse of an eligible person, no surviving children of an eligible person, and no surviving parents of an eligible person, to the surviving siblings of an eligible person, in equal shares. (Half siblings take equal shares in the same manner as full siblings.)

* * * * *

4. Section 270.8, ``Authorization of payment,'' second sentence, is  amended by revising the words ``spouse or children'' to read ``spouse,

children, parents, or siblings''. 5. Section 270.11, ``Limitation on disbursements,'' is revised to read as follows:

Sec. 270.11  Limitation on disbursement.

Notwithstanding any agreement (including a power of attorney) to the contrary, the Commission must disburse a payment under this part

only to the person who is eligible for the payment, i.e., the commando, his surviving spouse, children, parents, or siblings. The Commission

may, in its discretion, require the person who is eligible for the payment to appear at any designated Defense Finance Accounting Service

disbursement office in the United States to receive payment. The Commission may, in its discretion, coordinate with other U.S.

governmental agencies to facilitate disbursement of payments to persons eligible for payments who reside outside the United States. If an

eligible person makes a written request that payment be made at an alternate location or in an alternate manner, the Commission may, in

its discretion, grant such request, provided that the actual disbursement of the payment (i.e., the physical delivery of the payment) is made only to the eligible person. The Commission will not disburse payment to any person other than an eligible person, notwithstanding any written request, assignment of rights, power of attorney, or other agreement. In the case of an application authorized for payment but not disbursed as a result of the foregoing, the Secretary will hold the funds in trust for the person authorized to receive payment in an interest bearing account until such time as the person complies with the conditions for disbursement set out in this part.

6. Appendix A to Part 270--Application for Compensation of Vietnamese Commandos, is amended as follows:

a. The Privacy Act Statement, Principal Purpose, is revised to read

as follows:

Appendix A to Part 270--Application for Compensation of Vietnamese Commandos

* * * * *

Principal Purpose: To evaluate applications for cash payments for those individuals, or their surviving spouse, children, parents, or siblings, who were captured and incarcerated by North Vietnam as a result of participating in specified joint United States-South Vietnamese operations.

* * * * *

b. The last sentence of the Privacy Act Statement is revised to read as follows:

* * * * *

* * * This application shall be executed by the person applying for eligibility, or his surviving spouse, children, parents, or siblings, or designated representatives of such persons.

* * * * *

c. The introductory text to Part B is revised to read as follows:

* * * * *

Part B--In addition to PART A, above, any applicant who is a surviving spouse, child, parent, or sibling by blood of a deceased commando must complete Part B, below, with information on themselves.

* * * * *

d. Paragraphs (10) and (11) of Part B are redesignated as (12) and (13), respectively.

e. Part B is amended to add paragraphs (10) and (11), to read as

follows:

* * * * *

(10) If you are a surviving parent, the deceased person described in PART A has no surviving spouse or children, list the name and address of the other parent of the deceased person.

(11) If you are a surviving sibling, the deceased person described in Part A has no surviving spouse, children, or parents, list the names and addresses of all other siblings of the deceased person, including half-brothers or half-sisters. Provide the date of death for any who are  deceased.

* * * * *

f. The heading ``For Surviving Spouse or Child of Deceased Commando

(OPLAN 34A or Predecessor Operations-Missions Into North Vietnam)'' is

[[Page 68196]]

revised to read ``For Surviving Spouse, Child, Parent, or Sibling of Deceased Commando (OPLAN 34A or Predecessor Operations-Missions Into

North Vietnam).''

g. The heading ``For Surviving Spouse or Child of Deceased Commando (OP 35 Units-Missions Into Laos or Along the Viet-Lao Border)'' is

revised to read ``For Surviving Spouse, Child, Parent, or Sibling of Deceased Commando (OP 35 Units-Missions Into Laos or Along the Viet-Lao

Border).''

h. The heading ``For a Spouse or Surviving Child of a Deceased Person Described in Part A, Above'' is revised to read ``For a Surviving Spouse, Child, Parent, or Sibling of a Deceased Person Described in Part A, Above.''

i. Add new sections ``For the Surviving Parent'' and ``For the Surviving Sibling by Blood'' after ``For the Surviving Children,'' paragraph (12)(d), as follows:

* * * * *

For the Surviving Parent

In addition to documents described in Part C items (1) through

(8), above, each surviving parent should submit the following:

(13) An affidavit certifying that the deceased individual described in Part A, above, has no surviving spouse.

(a) In addition to the above affidavit, if the individual described in Part A, above, was divorced at the time of his death, a copy of the divorce decree from his spouse shall be submitted as additional proof that he has no surviving spouse.

(b) In addition to the above affidavit, if the individual described in Part A, above, had been married at some point prior to his death, and his spouse pre-deceased him, one of the following documents as evidence of the death of the spouse of the individual described in Part A, above, shall be submitted as additional proof that he has no surviving spouse:

(i) A certified copy of extract from the public records of death, coroner's report of death, or verdict of a coroner's jury;

(ii) A certificate by the custodian of the public record of death;

(iii) A statement of the funeral director or attending physician or intern of the institution where death occurred;

(iv) A certified copy, or extract from an official report or finding of death made by an agency or department of the United States government; or

(v) If death occurred outside the United States, an official report of death by a United States Consul or other employee of the State Department, or a copy of public record of death in the foreign country.

(vi) If you cannot obtain any of the above evidence of death of the spouse of the deceased individual described in Part A, above, you must submit other convincing evidence, such as signed sworn statements of two or more persons with personal knowledge of the death, giving the place, date, and cause of death.

(14) One of the following documents as evidence of the death of all of the children (if any), of the deceased individual described in Part A, above:

(a) A certified copy of extract from the public records of death, coroner's report of death, or verdict of a coroner's jury; (b) A certificate by the custodian of the public record of death;

(c) A statement of the funeral director are attending physician or intern of the institution where death occurred;

(d) A certified copy, or extract from an official report or finding of death made by an agency or department of the United States government; or

(e) If death occurred o8tside the United States, an official report of death by a United States Consul or other employee of the State Department, or a copy of public record of death in the foreign country.

(f) If you cannot obtain any of the above evidence of death of all of the children of the deceased individual described in Part A, above, you must submit other convincing evidence, such as signed sworn statements of two or more persons with personal knowledge of the death, giving the place, date, and cause of death.

(15) One document as evidence of your relationship to your child (the deceased person described in Part A, above), as follows:

If a Natural Parent:

(a) Birth certificate showing that the deceased person was your child.

(b) If the birth certificate does not show the deceased person as your child, a certified copy of:

(i) An acknowledgement in writing signed by the deceased person;

(ii) The public record of birth or a religious record showing

that the deceased person was named as your child.

(iii) Public records, such as records of school or welfare agencies, which show that the deceased individual was named as your

child; or

(iv) Other convincing evidence, such as signed, sworn statements of two or more persons who know that the deceased person was your

child.

If An Adoptive Parent:

An adoptive parent must submit a certified copy of the decree of adoption. If the adoption took place outside of the United States and there is no decree of adoption, other convincing evidence must be submitted, such as signed, sworn statements of two or more persons with personal knowledge of the adoptive relationship, or a government official who can attest to the adoptive relationship.

If a Step-Parent:

Submit all three of the following documents as evidence of the step-parent relationship:

(a) One document as evidence of birth of the deceased person to the natural parent, or other convincing evidence that reasonably supports the existence of a parent-child relationship between the deceased person and the natural parent (see ``If a Natural Parent,'' above).

(b) One document as evidence that you had established a parent- child relationship with the deceased person; and

(c) One of the following documents as evidence that you were married to the natural parent of the deceased person:

(i) A copy of the public records of marriage, certified or attested, or an abstract of the public records, containing sufficient information to identify the parties, the date and place of marriage, and the number of prior marriages by either party if shown on the official record, issued by the officer having custody of the record or other public official authorized to certify the record, or a certified copy of the religious record of marriage; (ii) An official report from a public agency as to a marriage which occurred while either parent was employed by such agency;

(iii) An affidavit of the clergyman or magistrate who officiated;

(iv) The certified copy of a certificate of marriage attested to by the custodian of the records;

(v) The affidavits of two or more eyewitnesses to the ceremony; or

(vi) In jurisdictions where ``common law'' marriages are recognized, an affidavit by the parent setting forth all of the facts and circumstances concerning the alleged marriage, such as the agreement between the parties at the beginning of their cohabitation, places and dates of residences, and whether children were born as the result of the relationship. This evidence should be supplemented by affidavits from two or more persons who know as a result of personal observation the reputed relationship which existed between the parties to the alleged marriage, including the period of cohabitation, places of residences, whether the parties held themselves out as husband and wife and whether they were

generally accepted as such in the communities in which they lived.

(vii) If you cannot obtain any of the above evidence of your marriage to the natural parent, you must submit any other evidence that would reasonably support a belief that a valid marriage actually existed.

(16) In addition, submit the following documents about yourself:

(a) Identification. A document with your current legal name and address plus two or more sworn affidavits from individuals having personal knowledge of your identity (these should be submitted in addition to the document with current name and address).

(b) One document of date of birth. A Birth certificate, or if unavailable, other proof of birth (e.g., passport).

(c) One document of name change. If your current legal name is the same as that shown on documents attesting to your birth, this section does not apply. Persons whose current legal name is different than that used on such documents should submit a document or affidavit to  corroborate the name change.

(d) One document of evidence of guardianship. If you are executing this document as the guardian of the person identified as a surviving parent of the deceased person described in Part A, above, you must submit evidence of your authority. If you are a legally-appointed guardian, submit a certificate executed by the proper official of the court appointment. If you are 

[[Page 68197]] 

not such a legally-appointed guardian, submit an affidavit describing your relationship to the parent and the extent to which you are responsible for the care of the parent, or your position as an officer of the institution in which the parent is institutionalized. 

For the Surviving Sibling by Blood

In addition to documents described in Part C items (1) through

(8), above, each surviving sibling by blood should submit the following:

(17) An affidavit certifying that the deceased individual described in Part A, above, has no surviving spouse.

(a) In addition to the above affidavit, If the individual described in Part A, above, was divorced at the time of his death, a copy of the divorce decree from his spouse shall be submitted as additional proof that he has no surviving spouse.

(b) In addition to the above affidavit, If the individual described in Part A, above, had been married at some point prior to his death, and his spouse pre-deceased him, one of the following documents as evidence of the death of the spouse of the deceased individual described in Part A, above, shall be submitted as additional proof that he has no surviving spouse:

(i) A certified copy of extract from the public records of death, coroner's report of death, or verdict of a coroner's jury;

(ii) A certificate by the custodian of the public record of death; (iii) A statement of the funeral director or attending physician or intern of the institution where death occurred;

(iv) A certified copy, or extract from an official report or finding of death made by an agency or department of the United States government; or

(v) If death occurred outside the United States, an official report of death by a United States Consul or other employee of the State Department, or a copy of public record of death in the foreign country.

(vi) If you cannot obtain any of the above evidence of death of the spouse of the deceased individual described in Part A, above, you must submit other convincing evidence, such as signed sworn statements of two or more persons with personal knowledge of the death, giving the place, date, and cause of death.

(18) One of the following documents as evidence of the death of all of the children (if any), of the deceased individual described in Part A, above:

(a) A certified copy of extract from the public records of death, coroner's report of death, or verdict of a coroner's jury;

(b) A certificate by the custodian of the public record of death;

(c) A statement of the funeral director or attending physician or intern of the institution where death occurred;

(d) A certified copy, or extract from an official report or finding of death made by an agency or department of the United States government; or

(e) If death occurred outside the United States, an official report of death by a United States Consul or other employee of the State Department, or a copy of public record of death in the foreign country.

(f) If you cannot obtain any of the above evidence of death of the children of the deceased individual described in Part A, above, you must submit other convincing evidence, such as signed sworn statements of two or more persons with personal knowledge of the death, giving the place, date, and cause of death.

(19) One of the following documents as evidence of the death of the parents of the deceased in individual described in Part A, above:

(a) A certified copy of extract from the public records of death, coroner's report of death, or verdict of a coroner's jury;

(b) A certificate by the custodian of the public record of death;

(c) A statement of the funeral director or attending physician or intern of the institution where death occurred;

(d) A certified copy, or extract from an official report or finding of death made by an agency or department of the United States government; or

(e) If death occurred outside the United States, an official report of death by a United States Consul or other employee of the State Department, or a copy of public record of death in the foreign country.

(f) If you cannot obtain any of the above evidence of death of the parents of the deceased individual described in Part A, above, you must submit other convincing evidence, such as signed sworn statements of two or more persons with personal knowledge of the death, giving the place,  date, and cause of death.

Each surviving sibling should submit the following:

(20) One document as evidence of your relationship to your sibling (the deceased individual described in Part A, above), as follows:

(a) Birth certificate showing that at least one of your deceased parents was also the natural parent of the deceased person described in Part A, above;

(b) If the birth certificate does not show the deceased individual described in Part A, above, as your sibling, a certified copy of:

(i) An acknowledgement in writing signed by the deceased person;

(ii) The public record of birth or a religious record showing that the deceased person was named as your sibling.

(iii) Affidavit of a person who knows that the deceased person was your sibling; or

(iv) Public records, such as records of school or welfare agencies, which show that the deceased individual was named as your sibling.

(v) If you cannot obtain any of the above evidence of your sibling relationship to the deceased individual described in Part A, above, you must submit any other evidence that would reasonably support a belief that a valid sibling relationship actually existed.

(21) In addition, submit the following documents about yourself:

(a) Identification. A document with your current legal name and address plus two or more sworn affidavits from individuals having

personal knowledge of your identity (these should be submitted in

addition to the document with current name and address).

(b) One document of date of birth. A Birth certificate, or if unavailable, other proof of birth (e.g., passport).

(c) One document of name change. If your current legal name is the same as that shown on documents attesting to your birth, this section does not apply. Persons whose current legal name is different than that used on such documents should submit a document or affidavit to  corroborate the name change.

(d) One document of evidence of guardianship. If you are executing this document as the guardian of the person identified as a surviving sibling by blood of the deceased individual described in Part A, above, you must submit evidence of your authority. If you are a legally-appointed guardian, submit a certificate executed by the proper official of the court appointment. If you are not such a legally-appointed guardian, submit an affidavit describing your relationship to the sibling and the extent to which you are responsible for the care of the sibling, or your position as an officer of the institution in which the sibling is institutionalized.

Dated: December 1, 1998.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 98-32755 Filed 12-9-98; 8:45 am]

BILLING CODE 5000-04-M 

Webmaster's Note:  While the "window" for compensation application is closed, the below FAQ's may still be relevant to those seeking more information concerning how Vietnamese Commandos applied for compensation under this program.  As always however, if you have other questions concerning this program (which continues to process claims already received), click on the "Feedback" link above.

Q:  How many Commando claims for compensation have been adjudicated?

A:  As of 23 October the VCCC has:

Received 1197 claims.

from U.S            443

From Vietnam    751

other location    03 (Australia)

Approved 359, and Denied 838 claims (1197 total).

Compensation Funds                         $20,000,000.00

Approved for payment                      $14,616,002.00

Total paid to claimants (checks)       $9,023,504.00

Starting balance with BOA account    $5,360,330.00

Total paid from BOA account            $5,278,615.70

Total in trust with BOA                      $81,714.30

Q:  What things do you need, to make sure a claim can be approved?

A:  The bi-lingual application discusses all the key documents but the basic requirements are:

1.  ID documents which prove the claimant is who he/she says they are

2.  Basic information regarding the Commando's Team and dates of insertion into Laos or North Vietnam

3.  Documentation showing dates of capture and incarceration (or death) in the North Vietnamese prison system

Q:  Do I need a lawyer to apply for compensation?

A:  No.  Most of those persons applying for compensation do have an attorney to assist them with the compensation paperwork, but there is no requirement for this.  Several Commandos have been approved for payment without any lawyer's involvement.

Q:  Why were payments halted and when will they resume?

A:  On March 12, 1998, the Assistant Secretary of Defense (Force Management Policy) halted VCCC payments in order to investigate allegations that an attorney was charging more than the 10% allowed by law for handling compensation claims. The Department of Defense (DoD) has taken the position that this attorney is not entitled to deduct more than 10% from any VCCC compensation payments.

On October 17, 1998, Congress amended the VCCC law to provide that "[n]otwithstanding any agreement (including a power of attorney) to the contrary, the actual disbursement of a payment under this section may be made only to the person who is eligible for the payment…." In co-sponsoring the amendment, Senator McCain made the following remarks,

In 1996, Congress passed legislation I sponsored with Senator Kerry authorizing payment of up to $40,000 to each Commando deemed eligible by the Secretary of Defense. These payments were intended to be distributed directly to the Commandos, who could then use a portion of the funds to cover attorney fees and other costs associated with receiving their benefit.

Regrettably, our 1996 legislation did not fully clarify the relationship between Commandos and their attorneys for the purposes of payments, with the result that payments have been flowing to the Commandos' attorneys for disbursement to their intended recipients. Consequently, our amendment seeks to clarify that the actual disbursement of a payment under our 1996 legislation may be made only to the person eligible for the payment, notwithstanding any agreement, including a power of attorney, to the contrary.

It is my hope that this legislation will allow the Commandos to rightfully receive the full payments that are their due.

The same attorney who is charging more than 10% filed a lawsuit in the U.S. District Court for the Southern District of Florida to prevent DoD from paying claimants directly in accordance with the new law. The court ruled against DoD on November 4th and on November 23d, the Department of Justice appealed this decision to the U.S. Court of Appeals for the Eleventh Circuit. On April 22, 1999, a three-judge panel from the Court of Appeals dismissed the case against DoD, and remanded the case to the District Court with instructions to dismiss the entire case and all orders entered in it. The attorney who filed the lawsuit had the right to request a rehearing of his case before the entire Court of Appeals, which he did on June 4, 1999. The Court denied the request for rehearing on July 2, 1999, but it was not until August 24, 1999 that the Court of Appeals issued the mandate to the District Court instructing it to dismiss the case. On 17 September, 1999, the District Court judge dismissed the case. The Assistant Secretary of Defense (Force Management Policy) thus authorized payments to eligible claimants to begin on 28 September 1999.  With this, the majority of US claimants were paid by check on 26 October 1999.

We sincerely regret the delay in paying commandos and other claimants approved for compensation. You fought nobly, underwent tremendous hardships, and you deserve to be paid in timely fashion. Now that the legal proceedings are finished, we will be able to do that.  Within the next few weeks, we will be sending letters informing claimants living in Vietnam how they will receive their payment.

Q:  I've sent my claim in, is the VCCC working on it?

A:  Although payments were temporarily halted, the VCCC is still working at full capacity to review and approve claims for payment.  It typically takes less than 90 days to process a claim for approval once all the required enclosures are sent to the VCCC.  If you are represented by an attorney, you should first check with him/her for specifics regarding the status of your claim.

Q:  How much money can my attorney charge for handling my claim for compensation?

A:  As noted above, the law regarding this issue is quite clear, regardless of any contracts, no attorney may charge more than 10% of any Commando's compensation.

[Add this page to the Navigation view to display hyperlinks here]

Welcome

Welcome to the Vietnamese Commandos Compensation Commission (VCCC) Home Page!

Check out the latest News and Views below.

More about the VCCC, links to other pages useful to Commandos, and a chance to provide feed back to the VCCC are all linked from the top of this page.  Click here if you want the latest statistics concerning claims for compensation.

News and Views

Tin Tức Cập Nhật

Jan 2001:

Important Update.

The Vietnamese Commando Compensation Support Staff is officially closed on 15 Jan 2001 under the provisions of the 1997 National Defense Authorization Act.  All timely submitted claims approved or denied have been officially closed.  All remaining compensation funds have been returned to the U.S. Government Treasury.  We will no longer accepting applications or inquiries concerning compensation.

We would like to thank all of the commandos who assist us with critical information.   Without them, the Support Staff could not have accomplish its mission.

We also would like to tell all of the applicants that we appreciate their interests in our program.  While any service to the United States during the Vietnam War is commendable, unfortunately, the law only allows us to compensate the specified operations, which were mentioned in the law.

For us here at the VCCC, it has been a rewarding experience.  We take pleasure in knowing that we are able to change many of commandos' lives and also their love ones.   If you have any questions about the VCCC, please direct your comments to the VCCC's Chairman at witschoc@pr.osd.mil.

July 2000:

An important Legal Update.

The Assistant Secretary of Defense (Force Management Policy) Approved Alternate Plan Regarding Payments to Commandos Living in Vietnam

The Vietnamese Commandos Compensation Commission (VCCC) has been working with Bank of America (BoA) since last fall to establish procedures for paying eligible claimants who live in Vietnam. $5 million was placed in an interest-bearing trust account with BoA in December 1999, while BoA secured permission from Vietnam Central Bank to make payments. Commandos would have options including receiving funds in Vietnam or directing funds to attorneys or other third parties in the United States.

The Central Bank, after tentatively granting approval for the transfer of funds within Vietnam, referred the issue to the Office of the Prime Minister. In May, the Central Bank advised BoA that they would not allow these payments in Vietnam. The Commission had to adopt alternatives that do not involve conducting transfers of funds in Vietnam. We consulted BoA and they will be able to direct funds to attorneys or other third parties in the United States, make payments in other Southeast Asian countries, or indefinitely hold the funds in trust, i.e., strictly out-of-country options. The Office of General Counsel advises that this would still meet the statutory requirements for "direct payments", provided the claimants personally makes the election to direct the funds to the desired account.

In August 2000, the VCCC began sending letters to claimants in Vietnam in. The letters provided procedures for claimants in Vietnam on how to direct their funds to any account outside of Vietnam. We have received replies from over 90% of the claimants in Vietnam. Claimants’ funds are currently being transferred to accounts outside of Vietnam.

July 2000 Commission results. The commission considered three claims in July.  The claims were previously adjudicated.  All three claims were denied of compensation.  Personal letters announcing the results to each of the claimants have been mailed.   For a full update on VCCC statistics click here.

May 2000:

April 2000 Commission results. The commission considered two claims in April.  Both were approved for compensation.   Personal letters announcing the results to each of the claimants have been mailed.

January 2000:

January 2000 Commission results. The commission considered two claims this month.  Both were denied compensation.   Personal letters announcing the results to each of the claimants have been mailed.

December 1999 Commission results. Ten (10) claims were reviewed this month.  Five (5) of these were approved and five (5) denied.   Personal letters announcing the results to each of the claimants have been mailed.

November 1999:

October 1999 Commission results. Five more (5) claims were considered for compensation last month, with three (3) of these approved and two (2) denied.   Personal letters announcing the results to each of the claimants are being mailed soon.

September 1999:

Another Important Legal Update.

For  the background on legal issues surrounding compensation of Vietnamese Commandos click here, May and July monthly news summaries (below) also contained legal updates

September 1999 Commission results. Four (4) claims were considered for compensation, with one (1) of these approved and three (3) denied.   Personal letters announcing the results to each of the claimants are being mailed.  For a full update on VCCC statistics click here.

August 1999 Commission results. July and August provided 24 more claims to the Commission.  Six (6) of these were approved for payment, and 18 were denied compensation.  Personal letters announcing the results to each of the claimants are being mailed.

July 1999:

June 1999 Commission results. June brought another 54 claims to the Commission.  Five (5) of these were approved for payment, and 49 were denied compensation.  Personal letters announcing these results to each of the claimants have been mailed.  For a full update on VCCC statistics click.

Legal News.

For  the background on legal issues surrounding compensation of Vietnamese Commandos click here.

With regard to the legal update in May (below), the attorney who brought the lawsuit filed an appeal of the three-judge court's decision to all of the appeals court judges on June 4, 1999. As of July 1, 1999, we are still awaiting the decision of the court.

June 1999:

May 1999 Commission results. In the month of May the VCCC reviewed 38 applications;  all were denied compensation.  Personal letters announcing these results to the claimants concerned have already been sent.

May 1999:

Important Legal Update.

On April 22nd, a three judge appeals court panel ruled in DoD's favor, and ordered that the case be sent back to the lower court to be dismissed. This means that the lower court's order that DoD must pay the attorney rather than paying the commandos directly has been ruled invalid. This does not mean that the legal proceedings are finished, however. The attorney who brought the lawsuit still has 45 days to appeal the three-judge court's decision to all of the appeals court judges, which is by June 6th. If that appeal is not filed or is denied, the lower court order will be removed, and DoD will then be free to pay the approved commandos or survivors directly, as we had hoped to do from the outset. We will send letters to everybody who is approved when we are ready to begin payments.

We're sorry for the continued delay in paying approved claims, but these legal matters are beyond our control. You deserve to be paid as quickly as possible, and we plan to begin paying as soon as we are legally allowed to do so. Of course, we continue to process other claims while we wait for the outcome of the legal proceedings.

April 1999:

April 1999 Commission results. It's April and this month the VCCC adjudicated 41 claims for compensation.  Ten (10) of the 41 files reviewed were approved for compensation, 31 were denied.  Personal letters announcing these results to the claimants concerned are signed and ready for mailing.

March 1999:

March 1999 Commission results. In March the VCCC adjudicated another 63 claims for compensation.  Nine (9) of these were approved for compensation, 54 were denied.  Individual letters announcing these results to the claimants are signed and hitting the mail in the next days.

February 1999:

February 1999 Commission results. This month the VCCC adjudicated a record 103 Claims for compensation.  Eight (8) of these were approved for compensation, 95 were denied.  Letters announcing these results have already been sent to each of the persons concerned.

January 1999:

a.  January 1999 Commission results. The VCCC adjudicated 55 Claims for compensation in January.  Eight (8) of these were approved for compensation, 47 were denied.  We'll be sending letters announcing these results very soon.

b. December 1998 Commission results. The VCCC adjudicated   67 Claims for compensation in December.  18 of these were approved for compensation, 49 were denied.

December 1998:

a.   A recent US Congressional amendment which changed the VCCC Rules to allow compensation of parents and siblings of Commandos, is now a part of the Federal Register and will soon be published in the Code of Federal Regulations (CFR).  Read the newly released rules by clicking here.

b.   Update on legal issues. Read the update to our Frequently Asked Questions regarding the various legal issues which have affected payments to commandos.

November 1998:

a.   November's Commission. The VCCC met to review another 75 Claims for compensation.  22 of these were approved for compensation, 53 were denied.  We expect to send letters announcing these results this month.  You can access a full update of VCCC's relevant statistics here.

b.   The official end to the VCCC application window occurred 15 November 1998.  We are still working to complete those claims received before the deadline.  If you have questions about the closure of the application process you can e-mail us or call our staff at 703-588-6572/73.

October 1998:

a.   The Report to Congress is now posted! Click here to read a complete public update on the Commando compensation program.

b.   The official end to the VCCC application process is 15 November 1998.  Look through the information contained in this site.  If you, or someone you know, were a Commando in either OPPLAN 34A, OP 35 or "Predecessor Operations", and were captured and incarcerated by North Vietnam, you might qualify for compensation.  Pay particular attention to the details contained in the bi-lingual application and forward your application immediately to the address provided.

c. On 17 October 1998, the 1999 National Defense Authorization Act became law. Part of this new law amends section 657 of our charter legislation from 1997. One amendment added two new categories of eligible claimants. In the case of a commando who was not married when he died (without children), his parents are eligible for compensation. If there is no spouse, child, or parent when the commando died, his siblings by blood are eligible for compensation. Another amendment authorized the Commission to pay eligible claimants directly, despite the existence of a power of attorney directing otherwise.

September 1998:

Report to Congress: The report to Congress concerning this Commission is expected late Sep 98. The Chairman of the VCCC distributed the draft to the Commissioners for their review and input. The report includes current status report and brief comments on current issues.