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SUBCHAPTER B-RECEIPT, ADMINISTRATION AND PAYMENT

OF CLAIMS UNDER TITLE | OF THE WAR CLAIMS ACT OF 1948, AS AMENDED BY PUBLIC LAW 91-289, APPROVED JUNE 24, 1970

PART 505-FILING OF CLAIMS AND Claims Act of 1948, as added by Pub. PROCEDURES THEREFOR

L. 91-289, will be accepted by the Commission during the period, beginning

June 24, 1970 and ending (1) June 24, Sec. 505.1 Claim defined.

1973, inclusive; (2) 3 years from the 505.2 Time within which claims may be

date the civilian American citizens by filed.

whom the claim is filed returned to 505.3 Official claim forms.

the jurisdiction of the United States; 505.4 Place of filing claims.

or (3) 3 years from the date upon 505.5 Documents to accompany forms. which the Commission, at the request 505.6 Receipt of claims.

of a potentially eligible survivor, AUTHORITY: Sec. 2, 62 Stat. 1240, as makes a determination that the civilamended; 50 U.S.C. App. 2001.

ian American citizen has actually died SOURCE: 35 FR 14456, Sept. 15, 1970, or may be presumed to be dead, in the unless otherwise noted.

case of any civilian American citizen

who has not returned to the jurisdic8 505.1 Claim defined.

tion of the United States, whichever (a) A properly completed and ex- of the preceding dates last occurs. ecuted application made on an official (b) Claims of individuals entitled to form provided by the Foreign Claims benefits under section 6(e) of the War Settlement Commission for such pur- Claims Act of 1948, as amended by pose constitutes a claim and will be Pub. L. 91-289, will be accepted by the processed under the laws administered Commission during the period beginby the Commission.

ning June 24, 1970 and ending June 24, (b) Any communication, letter, note, 1971, inclusive. or memorandum from a claimant, or (c) Claims of individuals entitled to his duly authorized representative, or benefits under section 6(f) of the War a person acting as next of friend of a Claims Act of 1948, as added by Pub. claimant who is not sui juris, setting L. 91-289, will be accepted by the Comforth sufficient facts to apprise the mission during the period beginning Commission of an interest to apply June 24, 1970 and ending (1) June 24, under the provisions of sections 5(i), 1973, inclusive; (2) 3 years from the 6(e) as amended, and 6(f) of the act, date the prisoner of war by whom the shall be deemed to be an informal claim is filed returned to the jurisdicclaim. Where an informal claim is re tion of the Armed Forces of the ceived and an official form is forward. United States; or (3) 3 years from the ed for completion and execution by date the Department of Defense the applicant, such official form shall makes a determination that the prisbe considered as evidence necessary to oner of war has actually died or is precomplete the initial claim, and unless sumed to be dead, in the case of any such official form is received within prisoner of war who has not returned thirty (30) days from the date is was to the jurisdiction of the Armed transmitted for execution, if the Forces of the United States, whichever claimant resides in the continental of the preceding dates last occurs. United States or forty-five (45) days if outside the continental United States,

$ 505.3 Official claim forms. the claim may be disallowed.

Official forms are provided for use

in the preparation of claims for sub8 505.2 Time within which claims may be mission to the Commission for processfiled.

ing. Claims forms are available at the (a) Claims of individuals entitled to Washington offices of the Commission benefits under section 5(i) of the War and through other offices as the Com

mission may designate. The official

PART 506-PROVISIONS OF claim form for all claims under sec

GENERAL APPLICATION tions 5(i), 6(e) as amended, and 6(f) has been designated, FCSC Form 289,

Sec. “Application for Compensation for

506.1 Persons eligible to file claims. Members of the Armed Forces of the

506.2 Persons under legal disability. United States Held as Prisoners of 506.3 Definitions applicable under the Act. War in Vietnam; for Persons Assigned

AUTHORITY: Sec. 2, 62 Stat. 1240, as to Duty on Board the ‘U.S.S. Pueblo'

amended; 50 U.S.C. App. 2001. Captured by Military Forces of North Korea; for Civilian American Citizens

SOURCE: 35 FR 14457, Sept. 15, 1970,

unless otherwise noted. Captured or Went into Hiding to Avoid Capture or Interment in South

8 506.1 Persons eligible to file claims. east Asia During the Vietnam Conflict and, in Case of Death of any Such

Persons eligible to file claims with Person, for Their Survivors."

the Commission under the provisions

of sections 5(i), 6(e) as amended by 8 505.4 Place of filing claims.

Pub. L. 91-289, and 6(f) of the War Claims must be mailed or delivered

Claims Act of 1948, as amended, are: in person to the Foreign Claims Settle

(a) Civilian American citizens cap

tured and held in Southeast Asia or ment Commission, 1111 20th Street

their eligible survivors, under the proNW., Washington, D.C. 20579.

visions of section 5(i) of the act; 8 505.5 Documents to accompany forms.

(b) Persons assigned to duty on

board the U.S.S. Pueblo who were capAll claims filed pursuant to sections

tured by the military forces of North 5(a), 6(e) as amended, and 6(f) of the

Korea, or their eligible survivors, act must be accompanied by eviden

under section 6(e) of the act as amendtiary documents, instruments, and

ed by Pub. L. 91-289; and records as outlined in the instruction

(c) Members of the Armed Forces of sheet attached to the claim form.

the United States held as prisoners of $ 505.6 Receipt of claims.

war during the Vietnam conflict or

their eligible survivors, under section (a) Claims deemed received. A claim

6(f) of the act. shall be deemed to have been received by the Commission on the date post $ 506.2 Persons under legal disability. marked, if mailed, or if delivery is

(a) Claims may be submitted on made in person, on the date of deliv

behalf of persons who, being otherwise ery at the office of the Commission in

eligible to make claims under the proWashington, D.C.

visions of sections 5(i), 6(e) as amend(b) Claims developed. In the event

ed, and 6(f), are incompetent or otherthat a claim has been so prepared as

wise under any legal disability, by the to preclude processing thereof, the natural or legal guardian, committee, Commission may request the claimant

conservator, curator, or any other to furnish whatever supplemental evi

person, including the spouse of such dence, including the completion and claimant, whom the Commission deexecution of an official claim form, as termined is vested with the care of the may be essential to the processing claimant. thereof. In case the evidence or offi- (b) Upon the death of any individual cial claim form requested is not re- for which an award has been made, turned within the time which may be the Commission may consider the ini. designated by the Commission, the tial application filed by or in behalf of claim may be deemed to have been the decedent as a formal claim for the abandoned and may be disallowed.

purpose of reissuing the award to the next eligible survivor in the order of preference as set forth under sections 5(i)(4) and 6(d)(4) of the act.

8 506.3 Definitions applicable under the abandonment and renunciation of paAct.

rental duties and obligations by the (a) Widow. A "widow" is the surviv

other parent. ing female spouse of a deceased pris (2) The father of an illegitimate oner of war or a deceased civilian

child will not be recognized as such for American citizen who was married to

purpose of the act unless evidence esthe deceased at the time of his death tablishes that (i) he has legitimated by a marriage valid under the applica

the child by subsequent marriage with ble law of the place where entered the mother; (ii) recognized the child as into.

his by written admission prior to en(b) Husband. A "husband" is the listment of the deceased in the armed surviving male spouse of a deceased forces or entry into an overseas duty prisoner of war or of a deceased civil- status; or (iii) prior to death of the jan American citizen who was married child he has been declared by decree to the deceased at the time of her of a court of competent jurisdiction to death by a marriage valid under the be the father. applicable law of the place entered (e) Natural guardian. The father into.

and mother shall be deemed to be the (c) Child. (1) A "child” is a natural natural guardians of the person of or adopted son or daughter of a de their minor children. If either dies or ceased prisoner of war or a deceased is incapable of action, the natural civilian American citizen, including guardianship of the person shall deany posthumous son or daughter of volve upon the other. In the event of such deceased person.

death or incapacity of both parents, (2) Any son or daughter of such de then such blood relative, paternal or ceased person born out of wedlock will maternal, standing in loco parentis to be deemed to be a child of such de the minor shall be deemed the natural ceased for the purpose of this act, if, guardian. (i) legitimated by a subsequent marriage of the parents, (ii) recognized as

PART 507—ELIGIBILITY a child of the deceased by his or her

REQUIREMENTS FOR COMPENSATION admission, or (iii) so declared by an order or decree of any court of compe

Subpart A-Civilian American Citizen tent jurisdiction.

(d) Parent. (1)(i) A "parent" is the Sec. natural or adoptive father or mother 507.1 “Civilian American citizen" defined. of a deceased prisoner of war, or any 507.2 Other definitions. person standing in loco parentis to

507.3 Rate of benefits payable. such deceased person, for a period of

507.4 Survivors entitled to award of detennot less than 1 year immediately pre

tion benefits.

507.5 Persons not eligible to award of civilceding the date of his entry into active

ian detention benefits. service and during at least 1 year of his minority. Not more than one

Subpart B-Prisoners of War mother and/or father as defined shall be recognized in any case. A person

507.10 Vietnam conflict. will not be recognized as standing in

507.11 "Prisoner of War" defined.

507.12 Membership in the Armed Forces, loco parentis if the natural parents or

establishment of. adoptive parents are living, unless

507.13 “Armed Forces of the United there is affirmative evidence of aban States" defined. donment and renunciation of parental 507.14 "Force hostile to the United States" duties and obligations by the natural defined. or adoptive parent or parents prior to 507.15 Geneva Convention of August 12, entry into active service by the de

1949. ceased prisoner of war; (ii) an award in

507.16 Failure to meet the conditions and

requirements prescribed under the the full amount allowable had the de

Geneva Convention of August 12, 1949. ceased prisoner of war survived may

507.17 Rate of and basis for award of combe made to only one parent when it is

pensation. shown that the other parent has died 507.18 Entitlement of survivors to award in or if there is affirmative evidence of case of death of prisoner of war.

Sec.
507.19 Members of the Armed Forces of

the United States precluded from receiv-
ing award of compensation.

Subpart C-Persons Captured While Assigned

to Duty on Board the U.S.S. Pueblo 507.25 Persons eligible for compensation as

a prisoner of war. 507.26 Persons assigned to duty on board

the U.S.S. Pueblo. 507.27 Geneva Convention of July 27, 1929. 507.28 Rate of and basis for award of com

pensation. 507.29 “Hostile force" defined. 507.30 Survivors entitled to award of com

pensation. 507.31 Persons precluded from receiving

awards. AUTHORITY: Sec. 2, 62 Stat. 1240, as amended; 50 U.S.C. App. 2001.

SOURCE: 35 FR 14458, Sept. 15, 1970, unless otherwise noted.

consistent with an intention to evade capture or detention by a hostile force in Southeast Asia.

(d) Southeast Asia. The term “Southeast Asia" means but is not necessarily restricted to, the areas of North and South Vietnam, Laos, and Cambodia.

(e) Calendar month. The term “calendar month" means the period of time between a designated day of any given month and the date preceding a similarly designated day of the following month.

(f) Dependent husband. The term “dependent husband” means the surviving male spouse of a deceased civilian American citizen who was married to the deceased at the time of her death by a marriage valid under the applicable law of the place where entered into.

Subpart A-Civilian American Citizen

8 507.3 Rate of benefits payable.

Detention benefits awarded to a ci8 507.1 “Civilian American citizen” de vilian American citizen will be paid at fined.

the rate of $60 for each calendar The term "civilian American Citi

month of internment or during the zen" means any person who, being

period such civilian American citizen then a citizen of the United States,

went into hiding to avoid capture and was captured in Southeast Asia during

internment by a hostile force. Awards the Vietnam conflict by any force hos

shall take account of fractional parts tile to the United States, or who went

of a calendar month. into hiding in Southeast Asia in order

$ 507.4 Survivors entitled to award of deto avoid capture or internment by any such hostile force.

tention benefits.

In case of death of a civilian Ameri8 507.2 Other definitions.

can citizen who would have been enti(a) Citizen of the United States. A tled to detention benefits under the “citizen of the United States” means a

War Claims Act of 1948, as amended, person who under applicable law ac

such benefits shall be awarded if claim quired citizenship of the United States

is made only to the following persons: by birth, by naturalization, or by

(a) Widow or husband if there is no derivation.

child or children of the deceased; (b) (b) Force hostile to the United States.

widow or dependent husband and A “force hostile to the United States”

child or children of the deceased, onemeans any organization or force in

half to the widow or dependent husSoutheast Asia, or any agent or em.

band and the other half to the child ployee thereof, engaged in any mili or children in equal shares; (c) the tary or civil activities designed to fur

child or children of the deceased in ther the prosecution of its armed con

equal shares if there is no widow or deflict against the Armed Forces of the pendent husband, if otherwise qualiUnited States during the Vietnam con

fied. flict. (c) Went into hiding. The term

8 507.5 Persons not eligible to award of ci"went into hiding” means the action

vilian detention benefits. taken by a civilian American citizen Certain persons disqualified as a “ciwhen he initiated a course of conduct vilian American citizen" under the Act and are thus precluded from receiving 8 507.15 Geneva Convention of August 12, an award of detention benefits are as 1949. follows: (a) A person who voluntarily,

The Geneva Convention of August knowingly, and without duress, gave

12, 1949, as contained under section aid to or collaborated with or in any

6(f) of the War Claims Act of 1948, as manner served any such hostile force,

amended, is the "Geneva Convention or (b) a regularly appointed, enrolled,

Relative to the Treatment of Prisonenlisted, or inducted member of the

ers of War of August 12, 1949" which Armed Forces of the United States.

is included under the "Geneva Con

ventions of August 12, 1949 For the Subpart B—Prisoners of War Protection of War Victims", entered

into by the United States and other 8 507.10 Vietnam conflict.

governments, including the GovernThe term “Vietnam conflict” relates ment in North Vietnam which acceded to the period beginning February 28, to it on June 28, 1957. 1961, and ending on a date to be determined by Presidential proclamation or

8 507.16 Failure to meet the conditions concurrent resolution of the Congress.

and requirements prescribed under the

Geneva Convention of August 12, 1949. $ 507.11 “Prisoner of war" defined.

For the purpose of this part obligaThe term “prisoner of war” means tions under the Geneva Convention of any regularly appointed, enrolled, en August 12, 1949, is the responsibility listed, or inducted member of the assumed by the contracting parties Armed Forces of the United States thereto with respect to prisoners of who was held by any force hostile to war within the meaning of the Conthe United States for any period of vention, to comply with and to fully time during the Vietnam conflict. observe the provisions of the Conven

tion, and particularly those articles re8 507.12 Membership in the Armed Forces lating to food rations of prisoners of

of the United States, establishment of. war, humane treatment, protection, Regular appointment, enrollment, and labor of prisoners of war, and the enlistment or induction in the Armed failure to abide by the conditions and Forces of the United States shall be requirements established in such Conestablished by certification of the De vention by any hostile force with partment of Defense.

which the Armed Forces of the United

States were engaged in armed conflict. 8 507.13 “Armed Forces of the United States" defined.

8 507.17 Rate of and basis for award of The term “Armed Forces of the

compensation. United States” means the United (a) Compensation allowed a prisoner States Air Force, Army, Navy, Marine of war during the Vietnam conflict Corps and Coast Guard, commissioned under section 6(f)(2) of the War officers of the U.S. Public Health Claims Act of 1948, as amended, will Service who were detailed for active be paid at the rate of $2 per day for duty with the Armed Forces of the each day he was held as a prisoner of United States.

war on which the hostile force, or its

agents, failed to furnish him the quan8 507.14 “Force hostile to the United

tity and quality of food prescribed for States" defined.

prisoners of war under the Geneva The term "force hostile to the Convention of August 12, 1949. United States” means any organiza- (b) Compensation allowed a prisoner tion or force in Southeast Asia, or any of war during the Vietnam conflict agent or employee thereof, engaged in under section 6(f)(3) of the Act, will be any military or civil activities designed paid at the rate of $3 per day for each to further the prosecution of its armed day he was held as a prisoner of war conflict against the Armed Forces of on which the hostile force failed to the United States during the Vietnam meet the conditions and requirements conflict.

under the provisions of the Geneva

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