TITLE 32 - NATIONAL DEFENSE

SUBTITLE A - DEPARTMENT OF DEFENSE

CHAPTER I - OFFICE OF THE SECRETARY OF DEFENSE

SUBCHAPTER M - MISCELLANEOUS

PART 270 - COMPENSATION OF CERTAIN FORMER OPERATIVES INCARCERATED BY THE DEMOCRATIC REPUBLIC OF VIETNAM

subpart e - APPEAL PROCEDURES

270.18 - Action on reconsideration.

  (a) The Assistant Secretary of Defense, Force Management Policy (or his designee) will: (1) Review the Commission's administrative record of the original determination.

  (2) Review additional information or documentation submitted by the applicant to support his or her petition for reconsideration.

  (3) Determine whether the decision of the Commission should be affirmed, modified, or reversed.

  (b) When there is a decision affirming the Commission's determinations, the Staff Director will notify the applicant in writing and include a statement of the reason for the affirmance.

  (c) A decision of affirmance shall constitute the final action of the Department of Defense. The Secretary (or his designee) may decline to consider any subsequent petitions for reconsideration.

  (d) When there is a decision modifying or reversing the Commission's determination, the notification should be immediately made to the Staff Director so as to implement the final action.