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

The relinquishing PERE may not name the successor PERE. The successor PERE will be the next person in the order
of priority.
19–4. Challenges and disqualifications of the PERE
Other relative’s of the decedent or interested persons may challenge the PERE’s qualification based upon family
relationship, PERE’s incompetence, or civil law. The burden of proof to establish that the PERE is not qualified
generally rests with the person alleging the PERE is unqualified. Accordingly, the person challenging the PERE’s
qualification will obtain and submit the documents required to disqualify the PERE.
a. Spouse not properly married. A person listed as the deceased or missing person’s spouse in the official military
or civilian personnel record and verified by information in the Defense Eligibility Enrollment System (DEERS) is
presumed to be prima facie valid. Final divorce or annulment decrees issued by a civil court are required to disqualify a
spouse as the PERE. 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 PERE murdered or otherwise
caused the death of the decedent are insufficient to disqualify the PERE. A civil or military court conviction is required
to disqualify the PERE.
c. Age. Allegations that the PERE has misrepresented his or her age are resolved by the PERE verifying his or her
age by presenting an official civil document, such as a State issued birth certificate, State issued driver’s license, 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 PERE is mentally, medically, or physically
incompetent to receive the PE must be proved by civil court decree or medical certificate of incompetence issued by
Federal or State licensed physicians or licensed mental health practitioners. The PE should not knowingly be delivered
to a recipient who has been declared incompetent if there is another person eligible within the same class who is
eligible to receive the PE. When no other eligible recipient exists within the same class and a legal representative has
not been appointed, the PE must be delivered to an incompetent person, they will be delivered in care of the guardian
of that person.
e. Legal custody while the decedent was still a minor. Allegations that the PERE did not have legal custody while
the decedent was a minor must be proved by a civil court decree terminating the PERE’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 PE to a
person other than the PERE for the purpose of disposition.
19–5. Order of precedence
The order of precedence of persons to be designated as the PERE of deceased or missing personnel:
a. Legal representative has the first precedence (see para 19–6)
b. Spouse has the second precedence (see para 19–7).
c. Child has the third precedence (see para 19–8)
d. A parent has the fourth precedence (see para 19–9).
e. Sibling has the fifth precedence (see para 19–10).
f. Other blood relative has the sixth precedence (see para 19–11).
g. A person standing in loco parentis has the seventh precedence (see para 19–12).
h. A person named as a beneficiary in the will has the eighth precedence (see para 19–13).
19–6. Legal representative
Legal representative means a duly appointed executor or administrator to the deceased or missing person’s estate.
a. Qualification. To qualify as a legal representative, an individual must present duly certified copies of letters
testamentary, letters of administration, or other evidence of final qualification, issued by a proper court of competent
jurisdiction. The SCMO need not inquire into the jurisdiction of the appointing court; the letters are prima facie
evidence of the holder’s qualification. An individual to whom the deceased or missing person gave a power of attorney
before their death is not a legal representative within the meanings of the statute and regulation, and has no rights to
delivery of the PE.
b. More than one legal representative. When there are two legal representatives, both appointments being prima
facie valid, the SCMO should deliver the PE to the first one submitting a claim. The SCMO should advise both legal
representatives that the delivery merely transfers possession of, and not title to, such PE, and is not a recognition or
determination by the Army as to the ownership of the PE.
19–7. Spouse
a. The SCMO is not required to verify a spouse’s claim for the PE when the spouse is listed in the deceased or
70 AR 638–2 • 22 December 2000