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DEATH
AND CASUALTY ASSISTANCE
Casualty Assistance Officer (CAO)
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:
- Cremation – if cremation is requested in
writing by the person authorized to direct disposition (PAAD) of the
remains.
- A suitable urn for the cremated
remains.
- A U.S. flag to drape the
casket.
- Transportation of remains, accompanied by
an escort, from the place of death to the place designated by the
PADD.
- Military honors, if requested, will be
provided at the place of interment.
- The core elements of the funeral honors
ceremony, which will be conducted are:
- Flag folding
- Flag presentation
- Playing of Taps
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:
- “In the line of duty- not due to own
misconduct”;
- “Not in the line of duty- not due to
own misconduct”; or,
- “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 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 who will direct you to the individual who handles Incapacitation Pay
issues in your state.
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