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DEATH AND CASUALTY ASSISTANCE
If a soldier or airman becomes a casualty, a Casualty Assistance Officer (CAO) is usually assigned to assist family members. When a member of the National Guard dies on active duty, active duty for training, inactive duty for training, or while performing funeral honors duty, the Armed Forces will provide a death gratuity and care and disposition of remains.
Casualty assistance is one of the most demanding and sensitive additional duties a soldier or airman will ever have during his/her military career. Duty as a CAO takes precedence over all other obligations and responsibilities. The mission is to provide assistance to the primary next-of-kin (PNOK) and/or the person authorized direct disposition (PADD) during the period following a soldier or airman being declared missing or deceased. The assistance provided demonstrates the concern of the United States Armed Forces for the welfare of its military members and their families. The manner in which this mission is performed has a lasting effect on how the family and their community perceive the military. The goal should be to impart the most positive impression possible under the circumstances. In order to accomplish this, one must be able to blend professionalism with empathy. Nothing can substitute for good judgment, common sense and sensitivity in performing a casualty assistance mission. The quality of service must reflect full attention to duty and to the wishes of the next of kin (NOK).
Death Gratuity The law fixes $6,000 as the lump-sum payment in the event of death while a member of the Armed Forces is on active duty for training or inactive duty training. The gratuity is also payable if a member or former member dies of a service-connected cause within 120 days after his or her discharge or release from active duty for training. In the case of inactive duty training, the gratuity is payable if death occurs within 120 days and is the result of injury received during that training. In addition, the family of a member who dies on active duty, will be allowed 180 days rent free occupancy in Government quarters, or 180 days BAH for area of residence, plus one year TRICARE-Standard eligibility.
When a member dies while on active duty (including members who are retired and remain in a military hospital and who continue to be hospitalized as patients therein to date of death or who dies on active duty for training, or while performing inactive duty training), the military will provide for care a disposition of remains. When military authorities arrange for disposition of remains, services of preparation at the place of death, removal, embalming preparation and preservation, casket, and transportation to a common carrier are normally obtained under contract; however, when no contract is available, military authorities negotiate with local funeral directors to obtain these services. The military authorities also will provide the following as required:
National Cemetery System
A Guide to the National Cemetery System can be found at http://www.va.gov/cemetery/index.htm. Another source of information explaining the services available for a military funeral is http://www.militaryfuneralhonors.osd.mil. Line of Duty (LOD) A Line of Duty (LOD) investigation will generally be conducted whenever a soldier acquires a disease, incurs a significant injury, or is injured under unusual circumstances. There is a presumption, however, that all diseases or injuries have occurred “in the line of duty – not due to own misconduct.” An LOD investigation helps determine whether or not a soldier is entitled to pay and allowances, accrual of service and leave [time], and, in some cases, disability retirement. A Guard member will receive these benefits only if the final determination is “in line of duty – not due to own misconduct.” The investigating officer begins the investigation by first getting a copy of the Statement of Medical Examination and Duty Status from the appointing authority. Documentary evidence (witness statements, medical records, police reports, etc.) concerning the circumstances surrounding the injury is collected. Witnesses and the individual injured are interviewed and sworn statements are written.
Once all evidence is gathered, the LOD is reviewed and a determination is made: (1) “In the line of duty- not due to own misconduct”; (2) “Not in the line of duty- not due to own misconduct”; or, (3) “Not in the line of duty- due to own misconduct.”
The investigation and recommendation are then sent to the appointing authority that directed the investigation, State Judicial Authority for legal review, and the final approving authority for approval of the LOD.
Line of duty investigations are a required part of the military. They are not meant to inhibit soldiers from participating in regular day- to- day events (basketball, football, baseball, hiking). However, soldiers must think of the repercussions that may happen if they engage in very dangerous activities.
If you find you are the subject of a Line of Duty investigation or if a “not in line of duty – due to own misconduct” determination is made against you, contact your servicing legal assistance office immediately for help.
Incapacitation Pay A member of the National Guard may be entitled to Incapacitation Pay if physically disabled as a result of an injury, illness or disease incurred in the line of duty, while traveling directly to or from such training or while remaining overnight, immediately before the commencement of inactive duty training or funeral honors duty, or while remaining overnight between successive periods of Inactive Duty Training.
A member of the National Guard who is physically unable to perform his or her military duties is entitled to full pay and allowances equal to a member of thee active service of like grade and years of service. The total pay and allowances will be reduced by the amount of income the member earns from non-military employment or self-employment during the disability period.
A member of the National Guard who is physically able to perform military duties, but who sustains an injury, illness, or disease while in the line of duty, that prevents the member from performing his or her civilian job will receive his or her demonstrated loss of income. This loss of income will not exceed the equivalent rate of full pay and allowances for his or her rank and length of service.
If you have questions about Incapacitation Pay, see your unit administrator or talk to your State Family Program Coordinator or Air National Guard Wing Family Readiness and Support Service Coordinator who can direct you to the individual who handles Incapacitation Pay issues in your state.
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