This part sets forth for both Federal and non-Federal purposes the authority of U.S. Armed Force members to administer oaths; take affidavits, sworn statements, depositions, and acknowledgments; and perform other notarial acts. § 802.2 Federal authority to administer oaths, and the legal effectiveness of such oaths.

(a) Federal authority to administer oaths. (1) The following U.S. Armed Force members on active duty may administer oaths for purposes of military administration, including military justice (Art. 136, UCMJ; 10 U.S.C. 936):

(i) All judge advocates of the Army and the Air Force.

(ii) All law specialists.

(iii) All summary courts-martial. (iv) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

(v) All commanding officers of the Navy, Marine Corps, and Coast Guard.

(vi) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.

(vii) All other persons designated by Armed Forces regulations or by statute. Although otherwise qualified under subdivision (iv) of this subparagraph, Directors of Administrative Services, Deputy Directors of Administrative Services, Chiefs of Administrative Services, Administrative Officers, and similarly titled officers are hereby so designated by the Air Force.

(2) The following U.S. Armed Force members on active duty may administer oaths to any person when it is necessary in the performance of their duties (Art. 136, UCMJ; 10 U.S.C. 936):

(i) President, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial.

(ii) President and counsel for the court of any court of inquiry.

(iii) All officers designated to take a deposition.

(iv) All persons designated to conduct an investigation.

(v) All recruiting officers.

(vi) All other persons designated by Armed Forces regulations or by statute.

(3) Any U.S. Armed Force commissioned officer of any Regular or Reserve component, whether or not on active duty, may administer:

(i) Oath of enlistment (10 U.S.C. 501 and 1031).

(ii) Oath required for appointment of any commissioned or warrant officer grade (10 U.S.C. 1031).

(iii) Any other oath required by law in connection with enlistment or appointment of any person in any U.S. Armed Force (10 U.S.C. 1031).

(b) Legal effectiveness. Oaths administered under these authorities are proper and legally effective for the purposes stated.

§ 802.3 Federal authority to perform other notarial acts, and the legal effectiveness of such acts.

(a) Federal authority. Under authority of Art. 136, UCMJ (10 U.S.C. 936), in addition to administering oaths for the purposes described in § 802.2(a),

U.S. Armed Force members listed in § 802.2(a) (1) have general powers of a notary public and a U.S. consul to administer oaths and take affidavits, sworn statements, depositions, and acknowledgments to be accomplished by U.S. Armed Force members, wherever they may be, and by persons serving with, employed by, or accompanying the Armed Forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands.

(b) Legal effectiveness for non-Federal purposes. The legal effectiveness of any notarial act generally is dependent on the laws of the jurisdiction in which the instrument is actually to be used. This jurisdiction determines what officials may perform notarial acts, and the conditions under which they may be performed. Federal authority contained in Art. 136, UCMJ (10 U.S.C. 936), for the performance of notarial acts by certain U.S. Armed Force members may or may not be accepted as adequate compliance with the requirements of the jurisdiction in which the instrument actually is to be used.

Sec.

803.22 When legal representative or next of kin is not present.

Subpart D-Property of Missing Persons 803.30 Disposing of the property of missing persons.

AUTHORITY: The provisions of this Part 803 issued under sec. 8012, 70A Stat. 488; 10 U.S.C. 8012.

SOURCE: The provisions of this Part 803 appear at 29 F.R. 13803, Oct. 7, 1964, unless otherwise noted.

§ 803.0 Purpose.

This part tells how to dispose of the personal property of certain deceased and missing Air Force military personnel and civilians when such property is under the control of the Air Force.

Subpart A-General Provisions § 803.1 Definitions.

(a) Personal property. This term includes:

(1) Household goods and household effects.

(2) Personal effects and property or estate, except real property, that is temporary, movable and subject to personal use or ownership.

(3) A privately owned motor vehicle. Also, a wheeled motor vehicle that is primarily for personal use as a passenger-carrying vehicle, including automobiles, station wagons, and similar vehicles; jeeps; motorcycles; motorscooters (2- or 3-wheeled); pick-up or panel trucks (not to exceed 4 ton capacity); and small autobuses (not to exceed 9-passenger capacity).

(4) House trailers and contents thereof, in lieu of the shipment of household goods.

(b) Continental United States (CONUS). The 48 contiguous States and the District of Columbia.

(c) Missing person. One reported as missing under the provisions of the Missing Persons Act, as amended (50 U.S.C. App. 1001-1016). If there is a question as to whether a person is subject to the Act, request a determination from a staff judge advocate.

[29 F.R. 13803, Oct. 7, 1964, as amended at 32 F.R. 6032, Apr. 15, 1967]

§ 803.2 Authority for shipping property of deceased and missing persons. (a) AFM 75-4 (Movement of Personnel and Personal Property) and the Joint Travel Regulations contain the authority to ship personal property at Government

expense. A military member's property is limited to 11,000 pounds net, exclusive of a privately owned motor vehicle, professional books, papers, and equipment, which are without weight limitation. The maximum amount payable by law for shipment of a house trailer is 51 cents per mile. A civilian employee's property is limited as to weight by Volume II, JTR.

(b) One privately owned motor vehicle may be shipped at Government expense as personal property provided:

(1) The motor vehicle was the property of the sponsor involved, or his lawful dependent, and the ownership can be legally established.

(2) The motor vehicle was moved to its current location, or lawfully procured there, by the member or his lawful dependent prior to the date of issuance of the official status report.

(3) The motor vehicle is in a usable condition or is sufficiently valuable to warrant the expenditure of Government transportation funds.

[33 F.R. 4512, Mar. 14, 1968]

Subpart B-Property of Deceased Active Duty Military Personnel

§ 803.10

Persons responsible for disposing of property.

(a) The commander of the activity at or nearest to the place where the personal property is located will collect, safeguard and immediately dispose of that property which is under Air Force jurisdiction.

(1) If the legal representative or next of kin is not present to receive the property, the commander of the activity at/ nearest the place where the property is located will appoint a summary court to dispose of it.

(2) If the property is at two or more widely separated locations, the commander of each activity at/nearest the place where the property is located will appoint a summary court to work out disposition arrangements with the immediate commander of the organization to which the deceased was assigned.

(b) The aircraft commander (or the commanders of troops, as appropriate), will have the personal property of a person who dies aboard an air or water transport collected, inventoried, and safeguarded. He will turn the property over to the commander of the Air Force activity at, or nearest the base or port where the remains are off-loaded.

(9) Beneficiary named in the will of the deceased.

(b) If a dispute or question arises, or is expected to arise, over who is to be the recipient, request legal assistance from a staff judge advocate in making the determination.

(c) When the recipient is a minor, forward the property in care of the guardian or adoptive parent.

§ 803.12 When legal representative or next of kin is present.

(a) Turn over all property in quarters or at the decedent's duty station to the legal representative or next of kin. Be careful not to release property to a relative or friend of the deceased, simply because that person is present at the time, or because that person proceeded to the place of death to claim the property. Even though a friend or relative is present, determine who is entitled to receive the property as directed in § 803.11. Do not release this property to another person without the written request or approval of the legal recipient.

(1) Deliver all currencies, commercial paper, stocks, bonds, checks, etc., (except funds belonging to the Government, Government checks payable to the deceased which are drawn on the Treasurer of the United States or on foreign depositories, and military payment orders payable to the deceased) with other property.

(2) Prepare AF Form 1122, "Personal Property Inventory," in duplicate, for the property in Air Force custody; have the recipient sign the original of the form and retain the duplicate copy.

(b) Pack and ship the property at Government expense as authorized and requested by the legal representative or next of kin.

§ 803.13

When legal representative or next of kin is known but not present. The Summary Court will:

(a) Inventory the property, and prepare AF Form 1122 in 4 copies.

(b) Forward the property to the recipient as quickly as possible and not later than 4 weeks from date of death. Do not delay shipment of all property pending the sale of motor vehicles and/ or collection of outstanding debts. Ship other property and advise the recipient of actions pending and approximate date they will be completed.

(c) Shipping notification: When the property is shipped, send a letter, and 2 copies of AF Form 1122, to the addressee, giving the date and method of shipment and the anticipated date of arrival. Also, state that shipment of the property is being made as required by Federal law and that the vesting of title thereto is dependent upon the laws of the State of the decedent's legal residence. Enclose a self-addressed envelope, and ask that he sign the original and one copy of the AF Form 1122 upon receipt of the property, and return it to the Summary Court.

(d) Debt collection: To the extent feasible, collect all local debts due the decedent.

(e) Payment of debts: Pay undisputed local creditors with any available cash belonging to the decedent and obtain receipt for such payment.

(f) Other settlement: Advise the recipient by letter:

(1) Of all known unsettled debts due or owed by the decedent.

(2) Of any items which cannot be shipped at Government expense (e.g., more than one motor vehicle, airplanes, boats, outboard motors, buses, trucks in excess of 34-ton capacity, and items that may be prohibited by U.S. customs law from entry into the United States). Requests that the recipient arrange to dispose of this property, or authorize the Summary Court to sell it by public or private sale.

(g) Funds: Dispose of funds (including proceeds from sales of property), commercial instruments, stocks, bonds, etc.

(h) Cash records: Record each sale and cash transaction on AF Form 1122a (in 3 copies); attach a certified copy of each bill of sale, and each receipt for payment of a creditor, to one copy of the AF Form 1122a, and mail to the recipient.

(i) After the recipient has signed and returned the AF 1122, give the signed copies and the AF Form 1122a to the

commander for approval and signature, together with a detailed account of all transactions of the Summary Court:

(1) The original signed form, together with the account of the transactions of the Summary Court, is placed in the file established in accordance with AFM 143-1 (Mortuary Affairs).

(2) The duplicate becomes part of the records of the Summary Court.

(j) After reasonable efforts have been made, without success, to obtain signed copies of AF Form 1122, the case may be closed; include in the official file of the deceased, a statement of all such action taken in this regard.

[29 F.R. 13803, Oct. 7, 1964, as amended at 32 F.R. 6032, Apr. 15, 1967]

§ 803.14 When no legal representative or next of kin can be located. The Summary Court will:

(a) Inventory the property, and prepare AF Form 1122 in 3 copies.

(b) After collecting from local debtors and paying undisputed local creditors of the deceased, sell all property except the following; articles having value chiefly as keepsakes (as defined in 10 U.SC. 9712(e), stocks, bonds, evidence of bank accounts, or other forms of purely commercial paper.

(1) Property will be sold only when the Summary Court, after diligent effort, has not been able to discover the existence or address of any of the persons entitled to receive the property and has stated this formally in writing.

(2) Do not sell property until at least 30 days after the death of the person to whom they belonged.

(c) Pay any remaining undisputed local creditors of the deceased with funds derived from sale of the property.

(d) Record all sales and cash transactions on an AF Form 1122a (in 3 copies).

(e) Forward all cash and checks remaining after settlement of debts (with the original and 2 copies of AF Form 1122a), to the local accounting and finance officer, for deposit as prescribed in AFM 177-108 (Paying and Collecting Transactions at Base Level). The accounting and finance officer will indicate receipt of the funds by signing and returning all copies of AF Form 1122a.

(f) Give the original and two copies of AF Form 1122 and 1122a and a detailed account of all transactions of the Summary Court to the commander for his approval and signature.

(1) Place the signed original form, together with the account of the trans

actions of the Summary Court in the file established in accordance with AFM 143-1.

(2) Forward one copy of the forms, together with any insignia, decorations, medals, other articles valuable chiefly as keepsakes, and all purely commercial papers such as stocks, bonds, evidence of bank accounts, etc., to the United States Soldiers Home, Washington, D.C., under the provisions of 10 U.S.C. 9712(f).

(3) Retain the remaining copy for the records of the Summary Court.

Subpart C-Property of Deceased U.S. Civilians

(a) If his status is officially changed from missing to dead, dispose of the property as directed in Subparts B and C of this part.

(b) If the person is still carried as missing after the prescribed waiting period expires, transfer the property to the custody of the person who would legally be entitled to receive it if the individual died.

PART 804-MORTUARY AFFAIRS

Sec.

804.1

804.2

804.3

804.8

§ 803.21

804.9

When legal representative or next of kin is present. Permit legal representative or next of kin to take possession of the property. § 803.22 When legal representative or next of kin is not present.

(a) In U.S. and U.S. possessions. If property cannot be delivered or is not claimed within a reasonable time, deliver it with all available information to the recipient (in this case, the person designated by the judicial officer or by the local civil government with jurisdiction over the estates of deceased persons). Upon request of the local civil official concerned, personal property of deceased employees located outside the CONUS may be shipped to the place he designates as directed in § 803.2 and AFM 75-4 (Movement of Personnel and Personal Property).

(b) In a foreign country. The commander will collect and safeguard the property, and request the nearest U.S. consulate to take possession and dispose of it in accordance with State Department instructions. Upon request of the State Department official concerned, personal property may be shipped to the place he designates, as directed in § 803.2 and AFM 75-4.

Subpart D-Property of Missing
Persons

Modes of transportation authorized and for shipment of remains escorts.

804.10 Stopover of remains en route to final destination.

804.11 Through shipment of remains by common carrier.

804.12 Removal of remains from common carrier terminal.

Shipment after interment.

804.13 804.14

Escorts for deceased military personnel.

§ 804.1

Scope.

Certain mortuary services and items, as described in this section, may be provided at Government expense or on a reimbursable basis to care for the re