Active Duty Service Determinations for Civilian or Contractual Groups, 3339 [2020-00807]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Air Force

[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Notices]
[Page 3339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00807]



[[Page 3339]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Air Force


Active Duty Service Determinations for Civilian or Contractual 
Groups

AGENCY: DoD Civilian/Military Service Review Board, Department of the 
Air Force.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On 15 August 2019, the Secretary of the Air Force, acting as 
Executive Agent of the Secretary of Defense, determined that the 
service of the group known as: ``Department of the Navy (DON) Civilian 
Special Agents who Served in Direct Support and Under Control of the 
DON, within the Republic of Vietnam, During the Period January 9, 1962 
through May 7, 1975 (Vietnam War)'' be considered ``active duty'' under 
the provisions of Public Law 95-202 for the purposes of all laws 
administered by the Department of Veterans Affairs (DVA).

FOR FURTHER INFORMATION CONTACT: Colonel Patricia Barr at the Secretary 
of the Air Force Personnel Council (SAFPC); 1500 West Perimeter Road, 
Joint Base Andrews, NAF Washington, MD 20762-7002.

SUPPLEMENTARY INFORMATION: To be eligible for DVA benefits, persons who 
believe they were part of this group recognized by the Secretary must 
establish each of the following:
    1. They were employed by the Department of the Navy (DON) as 
Civilian Special Agents assigned to the Office of Naval Intelligence 
(ONI) or Naval Investigative Service (NIS); and 2. During their service 
as Civilian Special Agents assigned to ONI/NIS, served within the 
Republic of Vietnam, in their capacity as Civilian Special Agents, 
during the period January 9, 1962 through May 7, 1975.

Application Procedures

    Before an individual can receive any DVA benefits, the person must 
first apply for a Department of Defense (DD) Form 214, Certificate of 
Release or Discharge from Active Duty, by filling out a DD Form Form 
2168, Application for Discharge of Member or Survivor of Member of 
Group Certified to Have Performed Active Duty with the Armed Forces of 
the United States, and sending it to the Navy Personnel Command at the 
following address: Navy Personnel Command (PERS-312), Millington, TN 
38054-5045.
    Important: The burden of proof of substantiating membership in the 
group rests with the Applicant. Applicants must attach supporting 
documents to their DD Form 2168 application. Of primary importance will 
be any employment records from the Department of the Navy Office of 
Naval Intelligence (ONI)/Naval Investigative Service (NIS). Other 
supporting documentation might include copies of passports with 
appropriate entries, military or civilian orders posting the applicant 
to an assignment in the Republic of Vietnam, reports signed by or 
mentioning the work of the applicant as part of ONI/NIS Civilian 
Special Agents performing duties in the Republic of Vietnam, military 
identification forms, any personal employment records such as 
commendations regarding performance, employee expense reports of 
charges to contracts, medical certifications prior to departure from 
the U.S., military passes to leave the limits of a location within the 
Republic of Vietnam, other miscellaneous military papers, etc. 
Applicants having difficulty establishing all of the eligibility 
criteria mentioned above should recognize the nature and character of 
documents addressing each criterion need not be the same. For example, 
an applicant may establish employment with ONI/NIS through official 
employment records, but find that proving assignment to locations 
within the Republic of Vietnam as an ONI/NIS Civilian Special Agent 
more difficult. In such a case, an applicant may be able to prove 
assignment and service at that location through other evidence, such 
as, dated, postmarked (or other sign of authenticity) correspondence 
(official or personal) to or from the applicant at that assignment 
within the Republic of Vietnam. Upon confirmation of an applicant's 
eligibility, the DD Form 214 will be passed from the application office 
to an awards and decorations office to determine which ribbons the 
applicant is eligible to receive (campaign ribbons, theater ribbons, 
victory medal, etc.). Specific awards (i.e., Silver Star, Purple Heart, 
etc.) need separate justification detailing the act, achievement, or 
service believed to warrant the appropriate medal/ribbon.
    DD Forms 2168 are available from VA offices or from the military 
service offices in this notice. An electronic version is also available 
on the internet at ``DefenseLINK, websites, forms.''

Benefit Information

    A determination of ``active duty'' under Public Law 95-202 is ``for 
the purposes of all laws administered by the Department of Veterans 
Affairs'' (Sec 106, 38 U.S.C.). Benefits are not retroactive and do not 
include such things as increased military or Federal Civil Service 
retirement pay, or a military burial detail, for example. Entitlement 
to state veteran's benefits varies and is governed by each state. 
Therefore, for specific benefits information, contact your nearest 
Veterans Affairs Office and your state veteran's service office after 
you have received your DD Form 214.

Adriane Paris,
Acting Air Force Federal Register Liaison Officer.
[FR Doc. 2020-00807 Filed 1-17-20; 8:45 am]
BILLING CODE 5001-10-P