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

spouse as the PADD. Separation agreements are not divorce or annulment decrees and therefore, insufficient to
disqualify a spouse.
b. Criminal allegations. Allegations, pending criminal charges, or indictments that the PADD murdered or otherwise
caused the death of the decedent are insufficient to disqualify the PADD. A civil or military court conviction is
required to disqualify the PADD. However a civil court may award disposition authority to another person based upon
pending criminal charges.
c. Age. Allegations that the PADD has not reached the age of majority or the PADD has misrepresented his or her
age are resolved by the PADD verifying his or her age by presenting an official civil document, such as passports,
State issued birth certificates, State issued drivers licenses, U.S. immigration and naturalization documents, and so
forth. Documents issued by activities other than Federal or State governmental agencies are insufficient to establish a
person’s proper age.
d. Mental, medical, or physical incompetence. Allegations that the PADD is mentally, medically, or physically
incompetent to direct disposition of the remains must be proved by civil court decree or medical certificate of
incompetence issued by Federal or State licensed physicians or licensed mental health practitioners or their foreign
equivalents.
e. Legal custody while the decedent was still a minor. Allegations that the PADD did not have legal custody while
the decedent was a minor must be proved by a civil court decree terminating the PADD’s parental rights or a civil
court decree awarding legal custody to another person. Civil court decrees awarding only physical custody are not legal
custody decrees.
f. Civil court order. The Army will comply with a civil court order providing control or custody of the remains to a
person other than the PADD for the purpose of disposition.
4–9. When to request disposition instructions
Disposition instructions will not be requested from the PADD until—
a. Remains are recovered and individually identified. (See DA PAM 638–2, chap 3.)
b. The PADD has been officially notified of the death. (See AR 600–8–1 and para 4–2.)
4–10. Army arranged preparation options
a. The Army arranged preparation options authorize the Army to contract and arrange for the preparation, casketing,
and transportation of the remains from the place of death to the place designated by the PADD. Not included in these
option is viewing the remains at the contract funeral home, funeral, or interment related services. There are four Army
arranged preparation options:
(1) Army arranged preparation, casket, and transportation to a receiving funeral home, with interment in a private
cemetery
(2) Army arranged preparation, casket, and transportation to a receiving funeral home, with interment in a Government
cemetery
(3) Army arranged preparation to include cremation, urn and transportation to a place designated by the PADD.
(4) Army arranged preparation, casket, and transportation directly to a Government cemetery
b. The Army arranged preparation options are available only when the remains are—
(1) In the Army’s control or custody (such as the military hospital or remains evacuation channels).
(2) In the custody or control of civil authorities (such as the county corner) or civilian medical facility (such as the
hospital).
c. The Army arranged preparation options are not available when the family has taken control or custody of the
remains by contracting with a funeral service provider to recover the remains or provide mortuary services and the
family’s contracted funeral home has custody of the remains or provided any service included in the contract. The
Army cannot assume responsibility for payment of a mortuary service contract entered into by the PADD or other
interested person and a mortuary service provider.
d. In the event the PADD elects the Army arranged option and also contacts a mortuary service provider to care for
the remains, the CAC will promptly advise the PADD the Army can not assume responsibility for the private mortuary
service contract, but will reimburse the primary allowance (see para 4–11).
4–11. Family arranged preparation option
The family arranged preparation option prohibits the Army from contracting and arranging for the preparation,
casketing, and transportation of the remains. These tasks will be done by the family. Accordingly, Army representatives
will not interfere with the family’s arrangements. If requested, the Army will ship or deliver, with the consent of the
PERE, the decedent’s class A uniform to the preparing funeral home. Normally an escort to accompany the remains is
not provided as the remains are not in the Army’s control or custody.
4–12. Choice of casket
a. The choice of a specification metal or hardwood casket is part of the Army arranged preparation option. The
28 AR 638–2 22 December 2000