mains of deceased persons cited in § 804.2. Certain other benefits to which entitlement exists for certain categories of personnel are also shown. The chart in § 804.3 combines the provisions of this section and § 804.2 and shows the extent of coverage for each category of personnel. Insofar as civilian employees and military members are concerned, this section covers only those benefits provided by the Air Force. Entitlement to other benefits derived from civilian employees' status as Federal employees or as veterans is explained in AFR 40-717 and AFP 40-5-5. Entitlement of military members to other benefits (such as those resulting from participation in the Federal Social Security Program) is explained in AFM 30-4. The mortuary officer will insure that only those services and/or items authorized are provided. (See 804.3.)

(a) Recovery. Search, recovery, segregation and identification of remains.

(b) Communications. Advising next of kin or other appropriate person concerning arrangements for preparation and disposition of remains.

(c) Mortuary services-(1) Removal. Removal of remains from place of death to a mortuary.

Embalming and

(2) Preparation. other preservative measures, derma surgery, restorative art, dressing or wrapping, placing in casket, burial and shipping permits, and other related items, some of which may be required to comply with laws or customs for shipment of remains to or from the CONUS.

(3) Casket and outer case. (i) Casket and outer case conforming to the specification in the Contract for Care of Remains.

(ii) Casket and outer case suitable for shipment to place of interment.

(d) Cremation. Actual crematory charges including a suitable urn and any costs necessary to transport the remains to the crematory.

(e) Clothing. Military uniform or civilian clothing.

(f) Transportation. Transportation by rail, commercial air, hearse or other suitable closed vehicle furnished by a funeral director, or by suitable Government vehicle or aircraft, except movement of remains by military aircraft within the CONUS is not authorized. Transportation includes one delivery by funeral director vehicle to common carrier at the on-loading point and one removal of remains by hearse from the

common carrier terminal at destination to a mortuary or other place of immediate delivery.

(g) Escort travel. Round trip transportation and prescribed allowances for an escort (one person) to accompany remains of deceased military personnel to final destination.

(h) Flag. One interment flag, with flag case, for each deceased military person.

(1) Interment. Interment in a Government cemetery as designated by the person authorized to direct disposition of the remains or, in the absence of such designation, a Government cemetery designated by the commander concerned.

(j) Interment allowance. The next of kin of a military person is entitled to an allowance toward payment of burial expenses. These expenses may be for a grave site; opening and closing of the grave; use of cemetery equipment; purchase of burial vault; flowers; obituary notices; services of a funeral director; clergy fee; transportation of relatives and friends to and from the funeral home, church and cemetery; and any other expenses incident to burial of the remains.

(k) Grave marker. The Government furnishes an upright marble marker or a flat marker of marble, granite or bronze to mark certain graves (see §§ 804.23 through 804.25).

[30 F.R. 10889, Aug. 21, 1965, as amended at 32 F.R. 6368, Apr. 22, 1967]

§ 804.2 Eligibility.

The following are authorized certain benefits listed in § 804.1:

Even though

(a) Military personnel. such person may have been temporarily absent from active duty without leave at the time of death (provided he had not been dropped from the rolls of his organization before his death):

(1) Regulars of the Air Force (including cadets of the United States Air Force Academy), members of the Air Force Reserve, members of the Air National Guard of the United States, and members of the Air Force without component, who die while on active duty (other than active duty for training).

(2) Members of the Air Force Reserve, the Air National Guard, and the Air National Guard of the United States, who die while:

(1) On active duty for training for any period of time or performing authorized travel to or from such duty, or

(ii) Hospitalized or undergoing treatment at the expense of the United States for injury incurred, or disease contracted, while on that duty or training or while performing that travel, or

(iii) On authorized inactive duty training. (Inactive duty training Reservists who die en route to or from such training are not eligible for care and disposition of remains at Air Force expense.)

(3) Members of the Air Force Reserve Officer's Training Corps who die while:

(i) Attending a training camp or performing authorized travel to or from such camp, or

(ii) While hospitalized or undergoing treatment at the expense of the United States for injury incurred, or disease contracted while attending training camp or while performing travel to or from such camp.

(4) Accepted_applicants for enlistment in the Air Force.

(5) Any person who has been discharged from an enlistment in the Air Force while a patient in a United States military hospital, and who continued to be such a patient to the date of death.

(6) Any retired member of the Air Force who became a patient in a United States military hospital while he was on active duty for a period of more than 30 days and who continued to be a patient in a U.S. military hospital to the date of death.

NOTE: Individual must have been a patient continuously and physically in the hospital. Those who have been medically treated in an out-patient status are not authorized mortuary services at Government expense. Disposition of remains of retired personnel, other than those indicated in paragraph (a) (6) of this section, is the responsibility of relatives or the Veterans' Administration if death occurs while the retired person is hospitalized in a Veterans' Administration Hospital. Queries concerning payment of burial expenses for such personnel should be referred to the Veterans' Administration.

(b) Air Force civilian employees paid from appropriated funds. (1) Employees who die while traveling at Government expense on official business within and outside the CONUS.

(2) Employees whose homes are in the CONUS, who die while assigned to an official duty station outside the CONUS or in transit thereto or therefrom.

(3) Employees whose homes are in foreign countries, who die while performing official duties away from their home

land or in transit thereto or therefrom, provided the employee would have been entitled to travel to his home at Government expense upon termination of his employment.

(c) Contract Technical Services personnel. Contract Technical Services personnel as defined in AFM 66-18 (Contract Technical Services (CTS)).

(d) Dependents. (1) Dependents of members of the Armed Forces who die while the member is on active duty (other than for training).

(2) Dependents of civilian employees of the Armed Forces (paid from appropriated funds) who die while residing with such employee outside the CONUS or while traveling to or from such place of duty.

(1)

(e) United States citizens who die outside the continental United States. An employee of a humanitarian agency accredited to the Armed Forces of the United States such as the American National Red Cross and the United Services organization.

(2) Any civilian performing services directly for the Armed Forces because of employment by an agency under contract with the Armed Forces.

(3) Any person on duty with the Armed Forces of the United States paid from nonappropriated funds.

(4) Any officer or member of a crew of a merchant vessel operated by or for the United States through the Armed Forces.

(5) Any person for whom such services are requested by the Department of State.

(6) Any dependent of a United States citizen covered in this paragraph provided the dependent is living outside the CONUS with that person at the time of death.

(f) Indigent persons. Indigent persons who die in Air Force hospitals and other persons who die on Air Force installations, when next of kin or local municipal authorities will not assume custody of the remains and disposition cannot otherwise be made.

(g) Military prisoners. Military prisoners (other than prisoners of war or internees) who die or are executed while in Air Force custody or confinement.

(h) Enemy prisoners and aliens. Prisoners of war and interned enemy aliens who die while in Air Force custody.

[29 F.R. 13803, Oct. 7, 1964, as amended at 32 F.R. 6368, Apr. 22, 1967]

1 An outer case for shipment (including, when necessary, sealing of such case) is
authorized as part of transportation expenses.

2 Travel as escort is not authorized. However, if remains are shipped as baggage
by rail, an individual may travel as attendant using one of the two tickets required
for shipment of the remains. No return transportation is authorized for the at-
tendant.

If a veteran and honorably separated from military service.

4 Wife, husband, widow, widower, minor child, and in certain instances an unmarried adult child.

If buried in a Government cemetery.

A military person who dies while in Air Force custody and whose approved sentence includes a discharge is not authorized a flag.

§ 804.4 Person (next of kin) entitled to direct disposition of remains.

(a) The person entitled to direct disposition of the remains of military personnel and Department of the Air Force civilian employees covered by this part is recognized in the order listed below:

(1) Widow or widower (if not divorced, or remarried-see paragraphs (c) and (d) of this section.

(2) Sons over 21 years of age in order of seniority.

(3) Daughters over 18 years of age in order of seniority.

(4) Father (unless legal custody of the decedent when he was a minor had been granted to another person by reason of a court decree or statutory provisionsee paragraph (d) of this section.

(5) Mother (unless legal custody of the decedent when he was a minor had been granted to another by reason of a court decree or statutory provision-see paragraph (d) of this section.

(6) Blood or adoptive relative of decedent who had been granted legal custody of the decedent by reason of court decree or statutory provision.

(7) Brothers over 21 years of age in the order of seniority.

(8) Sisters over 18 years of age in the order of seniority.

(9) Grandfather. (10) Grandmother.

(11) Next of kin of legal age in order of relationship to the deceased in accordance with civil laws. Seniority controls where persons are of equal degree of relationship, except that males have priority over females.

(12) In the absence of persons listed above, a person standing in loco parentis to the deceased.

(b) The right to direct disposition of remains is considered a personal right and cannot be exercised by guardians, committees, or agents of any of the persons listed in paragraph (a) of this section solely by reason of their status as such.

(c) To invalidate the entitlement of a widow or widower, proof must be submitted that final decree of divorce was awarded or that the widow or widower has remarried.

(d) To invalidate the entitlement of any person cited in paragraph (a) of this section, the person claiming to have priority over another person must submit

(a) Remains will be considered unclaimed when:

(1) No next of kin or other responsible person can be located.

(2) The next of kin states in writing (or telegram) that he is not concerned with disposition of the remains.

(b) Unclaimed remains will be prepared at Air Force expense and interred in a cemetery designated by Hq USAF (AFSSS).

§ 804.6 Deaths while AWOL.

In general, procedures for disposition of the remains of personnel who die while AWOL are the same as for personnel who die while on active duty except as follows:

(a) It is absolutely essential that determination be made as to whether or not the deceased had been dropped from the rolls of his organization prior to the date of death before any funds are obligated for payment of burial expenses or any commitments are made concerning payment of burial expenses by the Air Force.

(b) If it is determined that an individual who was AWOL had been dropped from the rolls of his organization prior to the date of death, the Air Force will not participate in any arrangements for disposition of the remains or assume any responsibility for the remains or for payment of expenses. Advise relatives that disposition of the remains must be handled by them and that any expenses incurred must be paid from personal funds.

(c) When it cannot be readily determined whether the deceased had been dropped from the rolls of his organization, request relatives to make all arrangements for care and disposition of the remains and advise them of their privilege of submitting a claim to the Air Force.

(d) If it is determined that an individual who was AWOL had not been dropped from the rolls of his organization, the same procedures will be followed as for active duty personnel.