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

e. The unremarried former spouse of a soldier or former soldier who on the date of the final decree of divorce,
dissolution, or annulment, has been married to the soldier or former soldier for a period of at least 20 years during
which period the soldier or former soldier performed at least 20 years of service that is creditable in determining that
soldier’s or former soldier’s eligibility for retired or retainer pay, or equivalent pay, and does not have medical
coverage under an employer-sponsored health plan.
f. A person who is the unremarried former spouse of a soldier or former soldier who performed at least 20 years of
service that is creditable in determining the soldier’s or former soldier’s eligibility for retired or retainer pay, or
equivalent pay, and on the date of the final decree of divorce, dissolution, or annulment before 1 April 1985, had been
married to the soldier or former soldier for a period of at least 20 years, at least 15 of which, but less than 20 of which,
were during the period the soldier or former soldier performed service creditable in determining the soldier or former
soldier’s eligibility for retired or retainer pay, and does not have medical coverage under an employer-sponsored health
plan.
g. A person who would qualify as a dependent under (f) but for the fact that the date of the final decree of divorce,
dissolution, or annulment of the person is on or after 1 April 1985, except that the term does not include the person
after the end of the 1-year period beginning on the date of that final decree.
h. An unmarried person who is placed in the legal custody of the soldier or former soldier as a result of an order of
a court or competent jurisdiction in the United States (or a Territory or possession of the United States) for a period of
at least 12 consecutive months and either—
(1) Has not attained the age of 21; or
(2) Has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning
approved by the administering Secretary; or
(3) Is incapable of self-support because of a mental or physical incapacity that occurred while the person was
considered a dependent of the soldier or former soldier under this subparagraph pursuant to (1) and (2);
(4) Is dependent on the soldier or former soldier for over one-half of the person’s support;
(5) Resides with the soldier or former soldier unless separated by the necessity of military service or to receive
institutional care as a result of disability or incapacitation or under such other circumstances as the administering
Secretary may by regulation prescribe; and
(6) Is not a dependent or a soldier or a former soldier under any other subparagraph.
2–14. Dependents of Department of the Army and Department of Defense civilians employees
The criteria for designation as a dependent of a civilian employee are established by 5 USC 5742. To be authorized
mortuary affairs benefits the employee’s dependent must be residing with the employee while assigned to an official
duty station outside of the continental United States or in transit to or from the employee’s official duty station.
Mortuary affairs benefits for dependents of civilian employees are located in table 2–1. The statute defines dependents
as—
a. Spouse.
b. An unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age.
c. A dependent mother or father.
d. A dependent designated in official records.
e. An individual determined to be dependent by the head of the agency concerned or designee.
2–15. Dependents of retired military personnel
To be eligible for mortuary affairs benefits, the sponsor must meet the criteria prescribed in paragraph 2–8. Mortuary
affairs benefits for dependents of retired military personnel are located in table 2–1. The criteria for dependents of
retired military personnel for mortuary affairs benefits are derived from Federal statutes (10 USC 1072 (2) and 1481,
see para 2–13). To be authorized mortuary affairs benefits the dependent must be—
a. A properly admitted inpatient, as defined in the glossary, of a U.S. Government medical treatment facility, as
defined in the glossary.
b. 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.
c. Die outside of the United States
2–16. Other U.S. citizens and their dependents who die outside of the United States
Other U.S. citizens and their dependents who die outside of the United States are authorized mortuary affairs services
on a reimbursable basis. Army mortuaries outside the United States may assist in arranging commercial transportation
for the remains. Remains of employees of other U.S. Government agencies and non-U.S. Government persons may not
be shipped aboard DOD aircraft on a reimbursable basis unless such a request is made by the Department of State and
the request is approved by the Secretary of Defense (DOD 4515.13–R). Available mortuary affairs services are located
in table 2–1. To be authorized a mortuary affairs services on a reimbursable basis the decedent must be—
AR 638–2 22 December 2000
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