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

PE inventory to each parent. This letter will advise that the SCMO is required to deliver the PE to the elder parent,
unless a legal representative submits a claim for the PE by a specified date (normally the 45th day from the date of
notification). Sample PE determination letter for parents are found in DA PAM 638–2.
(2) The SCMO will hold the PE for a reasonable period of time, but not less than 45 days, for the interested parties
to act. The SCMO will, upon receipt of a claim by the legal representative, release the PE to the legal representative as
prescribed by statute. If the SCMO does not receive a response by the established date, the SCMO will release the PE
to the elder parent.
(3) If PE have been delivered to a parent and a legal representative is subsequently appointed, any further
distributions of PE will be made to the legal representative. However, the SCMO does not have the authority to
retrieve the items sent prior to the appointment of a legal representative.
19–10. Eldest sibling
When the deceased or missing person has full siblings and half-siblings or step-siblings; the order of precedence is the
full siblings by seniority then the half-siblings by seniority. Step-siblings are not eligible to receive PE. Adopted
siblings are treated the same as full siblings when adopted by both the deceased or missing person’s biological parents.
Adopted siblings are considered as half-siblings when adopted by only one of the deceased or missing person’s parents.
19–11. Other relative
PE may be sent to a blood relative when the deceased or missing person is not survived by a spouse, children, parents,
or siblings and no legal representative has been appointed. In order of priority, the blood relative is grandparents, in
order of seniority; aunts and uncles, in order of seniority; and cousins, in order of seniority. Persons who are related
only by marriage are not eligible to receive PE.
19–12. Loco parentis
A person standing in loco parentis to the decedent has the seventh precedence to receive the PE. A person standing in
loco parentis (for example foster parents and step-parents) to the deceased or missing person is eligible to receive the
PE after the blood relatives.
19–13. Beneficiary named in will
Beneficiaries named in the will are the lowest category of PERE. If the will is available to the SCMO, then an
interested party can request a copy of the will from the SCMO to petition a civil court for appointment as the legal
representative. Accordingly, the SCMO will not be responsible for distributing the PE.
19–14. No recipient can be identified
When the SCMO cannot locate any persons in any of the designated categories, the SCMO may sell by public sale all
PE except sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other keepsakes. These items are
forwarded to CDR, PERSCOM (TAPC–PED–D), Alexandria, VA 22331–0482.
Chapter 20
Care and Disposition of PE
20–1. Responsibility for PE
The Army is responsible for the care and disposition of PE under it’s control or jurisdiction. The prompt delivery or
shipment of the deceased or missing person’s PE is an important command function. Delays in collecting, delivering,
or shipping the PE increase the probability the PE will be damaged, lost, or stolen while in the Army’s care. As PE
may have both monetary value and sentimental value, it is important commanders quickly appoint SCMOs and provide
them sufficient resources and time to discharge their duties.
20–2. Collection of PE
a. Outside theaters of operations. The SCMO appointed by the home station CAC will collect and dispose of PE as
prescribed by paragraphs 20–12, 20–13, and 20–14. In the event the person had PE at more than one location, PE will
be collected, inventoried and shipped by the SCMO appointed by the place where the PE was located to the PERE
determined by the SCMO appointed by the home station.
b. Within theaters of operations. Many deployed soldiers have PE located at home station in addition to the PE in
the operational area. The PE in both locations must be disposed of properly and required documentation completed and
forwarded to the CDR, PERSCOM (TAPC–PED–D).
(1) When a PE depot is not established. The PE on remains will be evacuated with the remains through theater
mortuary evacuation channels to the preparing mortuary. The PE may provide clues to the identity of the remains. At
the preparing mortuary, the PE on the remains will be separated from the remains and turned over to the mortuary PE
72 AR 638–2 • 22 December 2000