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

c. Deceased civilian employee of the U.S. Government. The law governing the disposition of a deceased U.S.
Government employee’s PE is codified at 5 USC 5742.
d. Missing civilian employee of the U.S. Government. The law governing the disposition of a missing U.S.
Government employee’s PE is codified at 5 USC 5564.
e. Contract employee of the U.S. Government. The law governing the disposition of a contract employee’s PE is
codified at 10 USC 1486.
f. Other civilians not subject to military law. The law governing the disposition of PE belonging to other civilians
not subject to military law is codified at 5 USC 5742.
g. Retired military personnel.
(1) Within the United States. The Army does not have the authority to collect or ship the PE of deceased retired
military personnel except when the PE is located on a military installation or under military control (temporary
storage).
(2) Outside the United States. The Army does not have the legal authority or obligation to collect and transport the
PE of retirees who die outside of the United States except when the PE is located on a military installation or under
military control (temporary storage). The Department of State is the appropriate U.S. Government agency for the
disposition of PE belonging to persons outside of the United States who are not sponsored by the Army.
(3) Death within 1 year of retirement. The Army may ship a deceased retiree’s PE if the retiree was authorized to
ship household goods (HHG) at the time of retirement, did not ship HHG, and the shipment will be picked up by the
contract mover within one year from the date of retirement.
(4) Dual status. Some retirees have dual personnel status (such as a military retiree employed by the Federal
government). The Army will provide the entitlements and benefits authorized for each status, to include a summary
court-martial officer (SCMO) for disposition of PE.
17–3. Statutory jurisdiction
The Army’s authority to collect the PE of deceased or missing persons is restricted by 10 USC 4712 to PE found “in
camp or quarters.” In camp and quarters are those places under the Army’s control such as Army installations, Army
leased buildings, cantonment areas, and unit areas in theaters of operations. Army officials and representatives are not
authorized or permitted to collect or secure PE not found “in camp or quarters.” Accordingly, the status of the place
where the PE are located must be determined before taking any action relating to the PE.
a. Government-owned housing. The SCMO has the authority to enter Government-owned housing without permission
from the PERE. The purpose of this entry is to inventory, safeguard, and ship the PE. Government-owned housing
includes family quarters, bachelor officer quarters, bachelor enlisted quarters, barracks, guest houses, and lodges.
b. Government contract facilities and housing. The SCMO has the authority to secure the PE located in Government
contract housing. The Judge Advocate General has determined that a Government-leased facility is a military installation
for the purposes of military jurisdiction. By virtue of its lease, the Government has sufficient proprietary interest in
the premises to provide the requisite jurisdiction.
c. Government contract funeral home. The SCMO has the authority to secure PE removed from the remains by the
Army’s contract funeral home. As the Army’s agent for primary care of the remains, the PE removed from the remains
by the contract funeral home is considered to be in the custody of the Army. Accordingly, the SCMO will inventory,
secure, and make disposition of such PE. The contract funeral home does not have the authority to release PE to any
other person or agency without prior approval of the CAC.
d. Private off-post housing.
(1) Within the United States. Section 4712, title 10, U.S. Code, does not authorize the SCMO to collect or secure PE
located in privately owned or leased off-post housing. Accordingly, the SCMO must not collect, secure, or assume
responsibility for PE located in privately owned or leased off post property. The PERE must provide a power of
attorney authorizing the SCMO or other person to enter the off-post housing and to arrange shipment of the PE.
(2) Outside the United States. The SCMO is authorized to secure PE located in privately owned or leased off-post
housing outside the United States. The Court of Military Appeals has held that military authorities can authorize
searches of the off-post quarters of soldiers stationed overseas. Therefore this legal opinion defines off-post housing
outside the United States as an area under Army jurisdiction and therefore is construed as “in camp and quarters.”
17–4. Personal effects
The PE are the movable personal property of the deceased or missing person.
a. PE include—
(1) Jewelry (watch, rings, bracelets, ear rings, and so forth),
(2) Personal clothing,
(3) Personal papers (letters, receipts, will, and so forth),
(4) Books and stationary items (religious publications, reference volumes, magazines, paperbacks, pens and pencils,
and so forth),
66 AR 638–2 • 22 December 2000