Care and Disposition of Remains - Army Publishing Directorate ...

. Be not covered by subparagraph a above and is placed in a retired status under title 10, chapter 61, during
continuous hospitalization that began while on active duty in the RA.
c. Die while a properly admitted inpatient of a medical facility of the armed forces located in the United States. The
United States includes Puerto Rico and U.S. territories and possessions.
d. Die while on an Army installation or other Army facility, and the remains are unclaimed by the decedent’s family
and friends and refused for disposition by local civil authorities.
e. Die outside of the United States. Services provided outside the United States are provided on a reimbursable basis
only.
2–9. Military prisoners, other than enemy prisoners of war or interned enemy aliens
Military prisoners are those soldiers that are serving a period of confinement adjudged by court-martial. Mortuary
affairs benefits for military personnel are located in table 2–1.
2–10. Enemy prisoners of war or interned enemy aliens
Enemy prisoners of war are those military members of a foreign government’s armed forces engaged in hostilities
against the United States and who are captured or held in a place of confinement by the United States. Interned enemy
aliens are those civilians who are citizens of a country engaged in hostilities against the United states and who are
captured or held in a place of confinement by the United States. Mortuary affairs benefits for enemy prisoner of war
and interned enemy aliens are located in table 2–1.
2–11. Indigent persons
Indigent persons are those persons who die while on an Army installation or other Army facility; and whose remains
are unclaimed by the decedent’s family and friends, and refused for disposition by local civil authorities. Mortuary
affairs benefits for indigent are located in table 2–1.
2–12. Civilian employee of the Department of the Army or the Department of Defense
A civilian employee of the Army or the Department of Defense (DOD) is a civil officer or employee of the Department
of the Army or Department of Defense, including an employee of an instrumentality wholly owned by the Army or
Department of Defense, an individual rendering personal service to the United States similar to the service of a civil
officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or
use of the service, or authorizes payment of travel or other expenses of the individual. Not included are part-time or
intermittent employees or native labor casually hired on an hourly or daily basis (see 5 USC 5561). Mortuary affairs
benefits are located in table 2–1. To be authorized mortuary affairs benefits the employee must be—
a. In a travel status at the time of death away from his or her official station within the United States or,
b. Assigned to an official duty station outside of the continental United States and death occurs at or while traveling
to or from the official duty station or,
c. An employee who has been transported by the Army for medical treatment to a medical facility away from their
duty station or,
d. An employee who has been reassigned away from the employee’s home of record pursuant to a mandatory
mobility agreement executed as a condition of employment or,
e. Killed or injured in the performance of their duties and subsequently die as the result of that injury.
f. An employee who is absent without leave at the time of death is eligible for mortuary benefits.
2–13. Dependents of military personnel
To be eligible for mortuary affairs benefits the sponsor must meet the criteria prescribed in paragraphs 2–2a through
2–2c. Mortuary affairs benefits for dependents of military personnel are located in table 2–1. The criteria for
dependents of military personnel for mortuary affairs benefits is derived from Federal statutes (10 USC 1072 (2), 1481,
and 1485). These statutes define dependents as follows:
a. The spouse.
b. The unremarried widow or widower.
c. A child who—
(1) Has not attained the age of 21.
(2) Has not attained the age of 23, is enrolled at an institution of higher learning approved by the administering
Secretary and is or was, at the time of the soldier’s or former soldier’s death, in fact, dependent on the soldier or
former soldier for over one-half of the child’s support.
(3) Is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a soldier
or former soldier under clause (1) or (2) and is or was, at the time of the soldier or former soldier’s death, in fact,
dependent on the soldier or former soldier for over one-half of the child’s support.
d. A parent or parent-in-law who is or was, at the time of the soldier’s or former soldier’s death, in fact, dependent
on the soldier for over one-half of the parent’s support and residing in the soldier’s household.
20 AR 638–2 22 December 2000