THE UNIVERSITY OF THE ARMY MOTUAL GUARD ATTENDEES UK
Headquarters
Department of the Army
Washington, DC
3 March 2023

*Army Regulation 638-2

Effective 3 April 2023

Casualty and Mortuary Affairs

Army Mortuary Affairs Program

By Order of the Secretary of the Army:

JAMES C. MCCONVILLE

General, United States Army

Chief of Staff

MARK F. AVERILL

Administrative Assistant to the

Secretary of the Army

History. This publication is an administrative revision. The portions affected by this administrative revision are listed in the summary of change.

Authorities. This regulation implements 10 USCUSCUnited States Code Sections 1481 through 1488, 1490, and 2572; 37 USCUSCUnited States Code Sections 452, 453, 551, 552, and 554; 5 USCUSCUnited States Code Sections 5561, 5564, 5742, 8102, 8134, and 8140; and PL 93-257.

Applicability. This regulation applies to the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated. It also applies to Department of the Army Civilians and other deaths as prescribed in this regulation. This regulation is applicable during full mobilization.

Proponent and exception authority. The proponent of this regulation is the Deputy Chief of Staff, G-1. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity's senior legal officer. All waiver requests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher headquarters to the policy proponent. Refer to AR 25-30 for specific requirements.

Army internal control process. This regulation contains internal control provisions in accordance with AR 11-2 and identifies key internal controls that must be evaluated (see appendix E).

Suggested improvements. Users are invited to send comments and suggested improvements on DA FormDA FormDepartment of the Army form 2028 (Recommended Changes to Publications and Blank Forms) directly to usarmy.knox.hrc.mbx.casualty-mortuary-policy@army.mil.

Committee management approval. AR 15-39 requires the proponent to justify establishing/continuing committee(s), coordinate draft publications, and coordinate changes in committee status with the Office of the Administrative Assistant to the Secretary of the Army, Special Programs Directorate, 9301 Chapek Road, Building 1458, Fort Belvoir, VA 22060-5527. Further, if it is determined that an established "group" identified within this regulation later takes on the characteristics of a committee as found in AR 15-39, then the proponent will follow AR 15-39 requirements for establishing and continuing the group as a committee.

Distribution. This regulation is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.

*This regulation supersedes AR 638-2, dated 13 July 2021.

AR 638-2 • 3 March 2023

UNCLASSIFIED

Continental United States

Personnel

This appendix establishes the Army standards for operation of Army controlled facilities provid-ing mortuary services, and funeral homes under contract for mortuary services. The Defense Federal Acquisition Regulation Supplement (DFARS) includes clauses unique to the procure-ment of mortuary services (252.237.7000-7004 through 252.237-7009, and 252.237-7011). Ar-my controlled mortuary facilities and contracted facilities to provide mortuary services that pro-cess or store animals and pets (to include Army working dogs) may not provide this service in the same facility or building where services are provided for human remains. Contracting offic-ers must utilize the standards contained herein when contracting for mortuary services. The standards contained herein are not applicable to deaths where the PADD, or where the person with authority to effect disposition (PAED) elects to make all arrangements for the DOR.

Active duty Full-time duty in the active military Services of the United States, including active duty or full-time training duty in the Reserve Component.

Area of responsibility The geographical area associated with a combatant command within which a combatant commander has authority to plan and conduct operations. (See JP 1.)

Autopsy (postmortem examination, necropsy) The dissecting of a remains for the purpose of ascertaining the cause of death.

Burial The DOR by placement underground (in a grave), a crypt, vault or tomb, or at sea.

Casket A container, usually constructed of wood, metal or fiberglass, designed to hold remains. Federal Trade Commission defines this as a case, or receptacle in which remains are placed for protection, practical utility, and a suitable memory picture; any box or container of one or more parts in which a deceased hu- man body is placed prior to interment, entombment, or cremation, which may or may not be permanently interred, entombed, or cremated with the remains.

Casualty Any person who is lost to the organization by having been declared dead, duty status-whereabouts un- known, missing, ill, or injured. (See JP 4–02.)

Casualty Affairs Provides for the reporting, recording, and tracking of casualties for whom the Services are responsible by statutes or executive order. Also includes notification, casualty assistance, and other casualty matters as directed by DoDI 1300.18 to Families for entitlements and benefits. For fatalities, provides for final dispo- sition of IDPFs and archiving of case files.

Casualty Assistance Center The organization assigned geographic responsibility for the area in which the casualty occurs; the NOK, PADD, PERE, or person authorized funeral travel resides; mortuary services are provided; the receiving funeral home is located; the interment will take place; or military burial honors will be performed. the Soldier’s assigned unit. interment, or memorial service. Usually, the CACCACCommunity Activity Centers with geographic responsibility for the place where mili- tary burial honors will be performed. remains when the Army-arranged disposition option is selected. the receiving funeral home. initial casualty report to CG, HRCHRCU.S. Army Human Resources Command (both RA and USAR) (AHRC–PDC). tation for the remains after preparation is completed. The shipping CACCACCommunity Activity Centers is usually the preparing CACCACCommunity Activity Centers, but not always.

Civil authorities Those elected and appointed officers and employees who constitute the government of the United States, the governments of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, insular areas and political subdivisions thereof. (See JP 3–28.)

Civil law enforcement agency Nonmilitary law enforcement agency with authority to enforce the local, State, or Federal law.

Commissioned officer Officer in any of the Armed Services who holds grade and office under a commission issued by the Presi- dent.

Common carrier One who publicly undertakes to transport from place to place for a stated compensation, the property of any person who may request his or her services up to the capacity of his or her facilities.

Consignee The person or business concern to whom a shipment is made.

Consignment To give to an agent to be cared for or sold.

Continuously hospitalized A time period beginning at the date of retirement, discharge, or release from active duty and ending with the Soldier’s death. During this time period the Soldier must be carried inpatient by a MTFMTFMilitary treatment facility. Transfer be- tween MTFs, or between types of patient care (inpatient, inpatient subsisting out, domiciliary care, or cus- todial care) does not interrupt the continuity of the hospitalization period.

Cremate (cremation) The reduction of a deceased human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber.

Cremated remains The remaining bone fragments after the cremation process is completed.

Cremation The technical heating process that reduces human remains to bone fragments. The reduction takes place through combustion and evaporation.

Crematory (crematorium) A furnace or retort for cremating a deceased human body; a building that houses a retort. The building that houses the cremation chamber.

Death Cessation of physical life characterized by the absence of metabolism and a total lack of irritability.

Death certificate A legal document showing vital statistical data pertaining to the deceased.

Deceased A casualty status applicable to a person who is either known to have died, determined to have died on the basis of conclusive evidence, or declared to be dead on the basis of a presumptive finding of death. The recovery of remains is not a prerequisite to determining or declaring a person deceased. (See DoDI 1300.18.)

Disinterment The act of removing the remains of a deceased person from their current burial location in a cemetery administered by the DoD, VA, or ABMC.

Disposition The placement of cremated or prepared remains in their final resting place.

Embalmer One who is licensed by a State or States to disinfect, preserve and restore the deceased human body to a natural lifelike appearance.

Executor A person appointed by a testator to administer the will, ensuring that final wishes are respected (that is, that the will is properly executed).

Full–time National Guard duty Training or other duty, other than inactive duty, performed by a Servicemember of the ARNGARNGArmy National Guard of the Unit- ed States or the Air National Guard of the United States in the Servicemember’s status as a Service- member of the National Guard of a State or Territory, the Commonwealth of Puerto Rico, or the District of Columbia under 32 USCUSCUnited States Code 316, 502, 503, 504, or 505, for which the Servicemember is entitled to pay from the United States or for which the Servicemember has waived pay from the United States.

Grave marker A headstone, footstone, niche cover, flat marker, or private marker/headstone, as applicable, containing inscriptions commemorating one or more decedents interred at that location.

Group interment An interment in a common grave of two or more individually unidentified remains.

Headstone A primary grave marker placed at the head or superior portion of the gravesite.

Home station The permanent location of Active and Reserve Component (See JP 4–05.)

Honorarium An unsolicited gift, usually an honorary payment for professional services.

Human remains The dead human body or portions thereof prior to cremation.

Inactive duty training Authorized training performed by a member of a USARUSARUnited States Army Reserve or ARNGARNGArmy National Guard unit not on active duty or active duty for training and consisting of regularly scheduled unit training assemblies, additional training assemblies, pe- riods of appropriate duty or equivalent training, and any special additional duties authorized for USARUSARUnited States Army Reserve or ARNGARNGArmy National Guard personnel by the Secretary concerned, and performed by them in connection with the prescribed activities of the organization in which they are assigned with or without pay. (See JP 1.)

Incidents An occurrence, caused by either human action or natural phenomena, that requires action to prevent or minimize loss of life or damage to, loss of, or other risks to property, information, and/or natural re- sources. (See JP 3–28.)

Indigent Lack the necessities of life; needy; poor.

Injury Conditions such as fractures, wounds, sprains, strains, dislocations, concussions, and compressions. In addition, it includes conditions resulting from extremes of temperature or prolonged exposure. Acute poi- sonings, except those due to contaminated food, resulting from exposure to a toxic or poisonous sub- stance are also classed as injuries. (See JP 4–02.)

Inter (inhume) The placement of casketed remains in a grave or an above ground mausoleum.

Interment The burying of casketed or cremated human remains. (See DoDD 1300.22.)

Legal representative An administrator or executor of a decedent’s estate who has been duly appointed or approved by an ap- propriate court.

Marker A headstone, footstone, niche cover, flat marker, or private marker/headstone, as applicable, containing inscriptions commemorating one or more decedents interred at that location.

Mass casualty Any number of human casualties produced across a period of time that exceeds available medical sup- port capabilities. (See JP 4–02.)

Medical examiner (a forensic pathologist) A forensic pathologist is a board certified pathologist (medical doctor or doctor of osteopathic medicine) who is a medically qualified U.S. Government officer, State or local, whose duty is to investigate deaths and injuries that occur under unusual or suspicious circumstances, to perform post-mortem examinations, and in some jurisdictions to initiate inquests.

Memorial service A service or ceremony that contains elements similar to an interment service, though the remains of the deceased are not present. (See DoDD 1300.22.)

Mortuary affairs Provides for the search, recovery, identification, preparation, and DOR of persons for whom the Services are responsible by status and executive order. (See JP 4–0.)

Other preparation of remains The professional services performed by the preparing mortuary to prepare the remains when the remains are not embalmed (such as setting facial features, washing, disinfecting, and so forth) or those primary care services performed by the receiving funeral home to reprocess the remains for viewing purposes.

Person authorized to direct disposition of human remains A person, usually primary next of kin, who is authorized to direct disposition of human remains. (JP 4–0.)

Person eligible to receive effects The person authorized to receive the deceased person’s PE as prescribed by this regulation.

Personal effects All privately owned moveable, personal property of an individual. (See JP 4–0.)

Personnel category The person’s military component, type of U.S. Government Civilian employment, sponsorship by the U.S. Government, or citizenship status.

Personnel status The person’s duty status at the time of the incident; present for duty, AWOLAWOLAbsence without leave, deserter, or undetermined.

Prisoner of war A detained person (as defined in Articles 4 and 5 of the Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949) who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy. (See JP 3–50.)

Ready Reserve The Selected Reserve, Individual Ready Reserve, and inactive National Guard liable for active duty as prescribed by law (10 USCUSCUnited States Code 10142, 12301, and 12302). (See JP 4–05.)

Receiving funeral home The commercial mortuary service provider engaged by the PADD to provide funeral and interment ser- vices.

Reserve Component The Armed Forces of the United States Reserve Component consists of the Army National Guard of the United States, the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air National Guard of the United States, the Air Force Reserve, and the Coast Guard Reserve. (See JP 4–05.)

Retired Reserve All Reserve members who receive retirement pay on the basis of their active duty and/or reserve service; those members who are otherwise eligible for retirement pay but have not reached age 60 and who have not elected discharge and are not voluntary members of the Ready Reserve or Standby Reserve. (See JP 4–05.)

Selected Reserve Those units and individuals within the Ready Reserve designated by their respective Services and ap- proved by the Joint Chiefs of Staff as so essential to initial wartime missions that they have priority over all other reserves. (See JP 4–05.)

Standby Reserve Those units and members of the Reserve Component (other than those in the Ready Reserve or Retired Reserve) who are liable for active duty only, as provided in 10 USCUSCUnited States Code 10151, 12301, and 12306. (See also active duty; Ready Reserve; Reserve Components; and Retired Reserve.) (See JP 4–05.)

Summary courts–martial A SCM is comprised of one commissioned officer on active duty.

Temporary interment A site for the purpose of the interment of the human remains if the circumstances permit, or the reburial of human remains exhumed from an emergency interment. (See JP 4–0.)

Will The declaration by a person (the testator) of how the testator desires the testator’s property to be dis- posed of after the testator’s death. (See AR 27–3.)