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

. A soldier missing or captured and not expected to return to the unit of assignment.
c. A deceased or missing Army civilian or Army contract employee who is subject to military law.
d. A civilian not subject to military law who dies at a place under military control.
18–2. Multiple SCMOs
When PE are located at two or more locations, the commander with summary court-martial convening authority at each
location will appoint a SCMO to care for the PE. The SCMO appointed by the commander with summary court-martial
convening authority for the soldier’s unit of assignment is the primary SCMO for all of the PE. The SCMOs appointed
by the commander with summary court-martial convening authority at other installations where PE are located, are
supporting SCMOs to the primary SCMO.
18–3. SCMO criteria
The composition of a SCM is established by 10 USC 816 and Regulation for Courts-Martial 1301(a). A SCM is
composed of one commissioned officer appointed on orders. Accordingly, a SCMO appointed for the disposition of PE
must be a commissioned officer.
18–4. SCMO appointing authority
a. Military personnel. The appointing authority for a SCMO for the disposition of PE for a military member is the
commander who has summary court-martial convening authority for the soldier’s unit. In the event the soldier has PE
located on more than one military installation, the commander exercising summary court-martial convening authority
for each installation where PE are located will appoint a SCMO.
b. Civilian personnel. The commander who exercises summary court-martial convening authority for the installation
where a civilian’s PE are located will appoint a SCMO. In the event the civilian has PE located on more than one
military installation, the commander exercising summary court-martial convening authority for each installation where
PE are located will appoint a SCMO.
18–5. Prescribed duties of the SCMO
The SCMO’s mandatory duties consist of collecting and safeguarding, determining the PERE, and delivering or
shipping the PE to the PERE. The SCMO’s discretionary duties are the collection and payment of local debts. The
SCMO should make every effort to avoid becoming involved with collection and payment of the deceased or missing
person’s debts. Whether or not action will be taken to collect or pay a debt will be a matter of individual judgment
based on the particular facts of the case. The SCMO must not enter into any civil or legal actions in an effort to collect
or pay disputed debts.
18–6. Limitations
The applicable Federal statutes do not pertain to the distribution or administration of estates and therefore, does not
confer upon the SCMO the authority to act as the legal representative of the estate or convey title of any PE collected.
Accordingly, the SCMO is not an executor or administrator of the estate and need not comply with State or local civil
procedures regarding notification of debtors or creditors. The SCMO should not make any statement or take any action
that conveys or implies any authority to act as the legal representative of the estate.
18–7. Jurisdiction
The SCMO’s authority to collect the deceased or missing person’s PE extends only to PE found in places under Army
jurisdiction or control (see para 17–3). The SCMO is not authorized or permitted to secure PE not found in places
under Army jurisdiction or control. The SCMO do not have jurisdiction or authority over PE in the custody or control
of the PERE or spouse. Accordingly, the status of the place where the PE are located must be determined by the
SCMO before taking any action relating to the PE.
18–8. Submission of summary court-martial officer’s report
a. Final report. After review and approval by the appointing authority, the original of the SCMO report will be sent
through the CAC to CDR, PERSCOM (TAPC–PED–D), Alexandria, VA 22331–0482. The report will be sent using a
transmittal memorandum. The report will be completed and forwarded within 30 days of the person’s death or the date
the person is reported as missing.
b. Interim report. If circumstances prevent completion of the SCMO duties and submission of the final SCMO
report within the time prescribed, an interim report will be forwarded through the CAC to CDR, PERSCOM
(TAPC–PED–D), Alexandria, VA 22331–0482, within the time specified above, giving the reason for delay and the
approximate date the final report will be forwarded. A sample memorandum is found in DA PAM 638–2.
c. Late reports. The SCM convening authority will submit with the SCMO report, a memorandum explaining the
reason final and interim SCMO report were not submitted within the prescribed period (see a and b above).
68 AR 638–2 • 22 December 2000