CONSTRUCTIVE SERVICE CREDIT FOR SAIGON EVACUEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000500120032-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: June 13, 2002
• Sequence Number: 32
• Publication Date: May 27, 1965
• Content Type: MF

Approved For Release 2002/07/29 IA-RDP80B0l676R000500120032-
27 May 1965
MEMORANDUM T
Director /Support
SUBJECT
Constructive Service Credit
I iGvacuees
REFERENCE : DD/S Memorandum of 20 May 1965
do not believe that I made myself clear when I asked for an
examination of whether or not those of our employees who were brought
home *cause of injuries could be granted constructive
service credit under the CIA retirement system for the balance of
their inc ompleetod tours. I am concerned primarily with those who
were severely injured in the bombing d were evacuated
for medical reasons and obviously will not be able to return
and in some cases will not be able to serve overseas again. It appears
to me that the equitable thing to do in these cases would be to grant
them credit for their full tours of duty as they were injured by an act
of war and due to circumstances beyond their control. It, of course,
may be that some of these will got greater benefit by SEC disability
retirement, but others probably would need such a ruling to provide for
early retirement under the CIA law. I think it is important that we
carefully consider the legalities and perhaps even seek an amendment
in our law if we have no legal basis today for such action because many
people are carefully considering their retirement in signing up for
overseas tours of duty.
(signed) Lyman B. Kirkpatriolt
Lyman S. Kirkpatrick
Executive Director
LBK:drm
Distribution:
Original & 1 - Addressee
01 ER
1 ExDir
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Approved For Release 2002/07/29: CIA-RD Ort6n7610 500120032-1
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 Approved For Release 2002/ Eg TA-RDP80BO1676ROO"tl O3F='1 2._
Executive Registry
1
MEMORANDUM FOR: Executive Director-Comptroller
1. This memorandum is to follow up on our discussion of 6 May 1965
regarding the possibility of granting constructive service credit for
CIA Retirement System purposes for the full tour of evacuees.
2. The Chief, Mobilization and Military Personnel Division has
called the Pentagon for information on any special consideration given
to military personnel in this connection. As best we can determine,
there is none except the general rule applying to early return for
compassionate reasons. Under this rule, a man returned with 60 days or
less to complete on his tour at a hardship post is considered to have
completed the tour for the purposes of determining when he will again
be required to serve at a hardship post. If he returns with more than
60 days of his tour uncompleted, the fact that he had served a partial
tour at a hardship post is considered in placing his name on the roster
for future assignments to hardship posts.
3. It does not appear that the military practice establishes a
precedent for the proposal that full tour credit be documented for
evacuees toward fulfilling the qualifying service requirement
under the CIA. Retirement System.
4. Further, it would seem that there is no legal basis for con-
sidering that portion of I tour not served as qualifying
service merely because the tour was cut short. That is to say, the
duties which the individual performs during the months he no longer
is in would be the basis for a determination that the service
is or is not qualifying service. This question would be appropriate
for examination under the regulation on a case-by-case basis,.by
the Director of Personnel and the CIA Retirement Board, in the first
instance, and by the Director on appeal.
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L. K. White
Deputy Director
for Support
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Approved For Release 2002/07/29 : CIA-RDP80B01676R000500120032-1 Mri:1131iC
#E 1 G~l3viiiC9liAt!
2 0 MAY 1965