(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 sucn 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.

(e) United States citizens who die outside the continental United States. (1) 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

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.

§ 804.7

Transportation authorized for shipment of remains.

(a) At Government expense. Transportation at Government expense is authorized for shipment of the remains of the following deceased personnel from the place of death to the destination specified below:

(1) Military personnel cited in § 804.2 (a) and (g) to place selected by the next of kin.

(2) Civilian employees cited in § 804.2(b) to the home or official station of the deceased or to another place no further distant.

(3) Contract Technical Services personnel cited in § 804.2(c) to place selected by the next of kin.

(4) Dependents cited in § 804.2(d) to place selected by the next of kin.

(5) Indigent persons, enemy prisoners, and aliens cited in § 804.2 (f) and (h), to a cemetery designated by Hq USAF (AFSSS).

(b) On reimbursable basis. Government transportation on a reimbursable basis is authorized for shipment of remains from place of death outside the CONUS to a CONUS aerial port of entry for U.S. citizens and their dependents cited in § 804.2(e).

§ 804.8 Responsibility for determining method of shipment.

(a) Outside CONUS. The Air Force commander of the area in which death occurred will determine the manner of shipment between two oversea points and between the place of death outside CONUS and the appropriate CONUS aerial port of entry.

(b) CONUS aerial ports of entry. At CONUS aerial ports of entry, the Mortuary Officer, in conjunction with the Transportation Officer, will determine the fastest and most practicable method of shipment between the port and final destination. If feasible, all remains, regardless of the Service of which the decedent was a member, will be shipped from CONUS ports within 24 hours after arrival at the port. To avoid confusion and to insure proper control, CONUS ports will accept instructions for disposition of remains of deceased Air Force military and civilian personnel who die outside CONUS from Hq USAF (AFSSS), only.

(c) CONUS. The Mortuary Officer at

the place of death within CONUS, in conjunction with the Transportation Officer, will determine the fastest and most practicable method of shipment between the place of death and the final destination whether such destination is within or without the CONUS. In the case of remains being shipped outside CONUS, he will ascertain from the port through which shipment may be made, the requirements which must be met to comply with shipping regulations and regulations governing entry into the foreign country. (When Government facilities

are not available, or the use thereof is impracticable, remains may be shipped direct to final destination.)

Transportation of remains and escorts at Government expense is authorized as set forth in this section:

(a) In the CONUS. From the place of death to the place of interment; from the place of death to a CONUS aerial port of entry; from a CONUS aerial port of entry to the place of interment; and from an aerial port of entry to another port for reshipment, one of the following methods or combinations of methods may be used:

(1) Railway Baggage Service procured by Government transportation requests. (2) Commercial Air (Air Freight) procured by Government transportation requests or Government bill of lading as required by the carrier.

(3) Railway Express Agency: Transportation of remains without escort procured by Government bill of lading.

(4) Hearse or other suitable closed vehicle furnished by a funeral director provided:

(1) The cost of such transportation is not in excess of the cost of common carrier transportation.

(ii) Common carrier service is not available.

(iii) It is requested by the next of kin and the next of kin defrays any costs in excess of what it would have cost the Government to ship the remains by common carrier.

NOTE: Movement of remains by military aircraft within the CONUS is not authorized and should not be provided.

(b) Outside the CONUS. Between two oversea points and between oversea