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Patient Administration - Army Publishing Directorate - U.S. Army

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25-400-2). Where the gestational age of the fetus, or weight, in the absence of gestational age information, meets the<br />

statutory requirement for death registration, written authorization for disposal of the fetus will be obtained from the<br />

person authorized to direct disposition of remains.<br />

d. Disposition of live born infants, regardless of duration of life or gestational age, will be through a licensed funeral<br />

director (AR 638-2).<br />

6–5. Autopsy authority and consent<br />

a. The Installation Commanding Officer has statutory authority pursuant to 10 USC 4711, to direct an investigation<br />

including ordering an autopsy on persons (military and civilian) found dead on an installation that has exclusive<br />

jurisdiction. DOD Instruction 5154.30, Armed Forces Institute of Pathology Operations, establishes a system for<br />

conducting forensic investigations and authorizes the Armed Forces Medical Examiner at the Armed Forces Institute of<br />

Pathology to order an autopsy on an installation that has exclusive jurisdiction (AR 40-57/BUMEDINST 5360.26/AFR<br />

169-99 and AR 600-8-1). Commanders may authorize autopsies performed on the remains of members of the military<br />

departments who die while serving on AD or ADT as described in (1) and (2) below.<br />

(1) When considered necessary for the protection and welfare of the military community, an autopsy will be<br />

performed to determine the true cause of death or to secure information for the completion of military records.<br />

(2) When death occurs while the member is serving as an aircrew member in a military aircraft, an autopsy is<br />

mandatory.<br />

b. In circumstances not covered in a above and except as provided in (1) and (2) below, when an individual dies in<br />

an <strong>Army</strong> MTF or on a military installation, consent from the spouse or NOK must be obtained before an autopsy is<br />

performed.<br />

(1) If applicable State laws require the performance of an autopsy, the commander may order an autopsy performed<br />

without the consent of the spouse or NOK. The record will clearly document the authority and reason why consent<br />

from spouse or NOK was not obtained.<br />

(2) In overseas areas where local laws and regulations require an autopsy, and the United States has not been<br />

exempted from such laws or regulations by treaty or agreement, the commander will order an autopsy performed<br />

without the consent of the spouse or NOK. The record will clearly document the authority and reason why consent<br />

from spouse or NOK was not obtained.<br />

c. In circumstances not covered in a above, when an individual dies outside a military installation and is DOA at an<br />

<strong>Army</strong> MTF, the authority to perform an autopsy is governed by the applicable local laws unless the local authority<br />

specifically relinquishes such right, in which case the provisions of b above apply.<br />

d. Authorization or consent for the performance of an autopsy will be recorded on SF 523 (Clinical Record-<br />

Authorization for Autopsy). When appropriate, the applicable law, regulation, treaty, or international agreement will be<br />

cited as authority and recorded on the SF 523. The servicing SJA or legal advisor should be consulted when necessary<br />

(for example, when the definition for “NOK” is needed for the jurisdiction in which the facility is located).<br />

e. All autopsies will be performed promptly to preclude delayed release of remains to mortuary officials. The<br />

prosector will comply with restrictions specified on SF 523 or the approving authority. Provided the prosector concurs,<br />

embalming may be performed prior to autopsy. All autopsies will be recorded on SF 503 (Clinical Record-Autopsy<br />

Protocol).<br />

Chapter 7<br />

Military Personnel Physical Disability Processing<br />

7–1. General<br />

Physicians who identify Soldiers with medical conditions not meeting fitness standards for retention will initiate a DA<br />

Form 3349 referring them to the Physical Disability Evaluation System (PDES). Soldiers issued a permanent profile<br />

with a numerical designator of 3 or 4 in one of the physical profile factors who meet retention standards are referred to<br />

the military occupational specialty (MOS)/medical retention board (MMRB). If the Soldier does not meet retention<br />

standards, an MEB is mandatory and will be initiated by the physical evaluation board liaison officer (PEBLO). MEBs<br />

are convened to document a Soldier’s medical status and duty limitations insofar as duty is affected by the member’s<br />

medical status. MEBs must be completed expeditiously. Not all MEBs require adjudication by a PEB; those that do<br />

must be completed and forwarded to the PEB within 30 days from dictation of the narrative summary (SF 502). The<br />

30-day DoD standard is a sub-component of the USAMEDCOM 90-day standard; the proponent for this standard is the<br />

MEDCOM <strong>Patient</strong> <strong>Administration</strong> Division (pad.USAMEDCOM@cen.amedd.army.mil). For all MEBs, processing will<br />

not exceed the 90-day standard. This 90-day interval begins on the date the profiling officer signs the permanent profile<br />

(first signature of two required) that refers the Soldier into the MEB/PEB process and ends on the date the MEB packet<br />

is mailed to the PEB. MOS/MMRB (AR 600-60) results requiring referral to an MEB should be transmitted expeditiously<br />

to the MTF commander. For MEBs referred by the MMRB, the start date for the 90-day interval begins on<br />

the date the Soldier’s packet is received at the MTF from the MMRB Convening Authority and the ending date is the<br />

52 AR 40–400 27 January 2010

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