Armed services offer casualty assistance

The ISBA Committee on Military Affairs has received this timely information from Army Major Joseph Baar Topinka, an Illinoisan who is judge advocate for the Madigan Army Medical Center at Fort Lewis, Wash.

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I recently read an article, from an October issue of the Chicago Sun-Times, that described the complaints of some Illinois families about insensitivity directed toward the Army's casualty assistance program.

In light of this article, I thought it might be valuable to summarize some basic concepts of the Department of Defense casualty assistance program. This is a comprehensive program designed to support and aid families of deceased service members.

The program begins with a simple form called the Record of Emergency Date, which is also referred to as Department of Defense (DD) Form 93. Service members routinely update this form, which lists the names and addresses of spouse, children and parents.

The document serves as the basis for providing casualty notification. The primary next of kin (PNOK) is the person who is most closely related to the casualty, and this person will be the first person notified unless the service member has designated an alternate. (An alternate may be named due to the age or ill health of the PNOK.)

Within 24 hours of official notification, the PNOK is assigned a casualty assistance officer (CAO) for the Army, casualty assistance representative (CAR) for the Air Force, or a casualty assistance calls officer (CACO) for the Navy and Marine Corps.

This person, who can help with arrangements and benefit paperwork, may be an officer, or a warrant or senior non-commissioned officer. He or she is a critical link between the PNOK and the military, and will most likely work with the PNOK for months.

One of the first issues will be disposition of the remains. The Department of Defense processes, transports and inters the remains of service members – a casket, vault and headstone for interment in a government cemetery or reimbursement to the family for private arrangements.

A family often will request to view the remains. This decision rests with the PNOK, but it is always recommended that the funeral home director view the remains first and advise the PNOK and/or family whether viewing is appropriate. (The PNOK should consult with the CAO/CAR/CACO if possible before making any final arrangements.)

Other issues focus on financial, such as the Death Gratuity, the Dependency and Indemnity Compensation (DIC), Survivor Benefit Plan (SBP), and Servicemembers' Group Life Insurance (SGLI).

The Death Gratuity helps the PNOK and/or family with immediate expenses. This tax free gratuity in 2005 was $12,420. For deaths occurring as the result of wounds, injuries or illness in areas designated as a combat operation or a combat zone, the amount was $100,000.

DIC provides monthly tax-free payments to authorized beneficiaries, who may include a surviving spouse, unmarried minor children or certain dependent parents.

SBP payments equal 55 percent of what a service member's retired pay would have been if he or she had retired at 100 percent disability.

SGLI has been discussed in previous articles. It is low-cost term life insurance with a maximum benefit that was recently raised from $250,000 to $400,000.

In addition, the deceased service member will probably have some unpaid compensation and allowances. These will be paid according to the designation made by the service member on the DD Form 93.

The CAO/CAR/CACO will be able to assist the PNOK in these issues, as well as others ranging from military health and dental care benefits, commissary and exchange privileges, to grief counseling and survivor and dependent's educational assistance.

The resources are numerous. A CAO/CAR/CACO can enlist the services of various military agencies, such as the local legal assistance office, to provide additional guidance and support to the families of deceased service members.

When a service member dies on active duty, the Department of Defense provides a strong support system and a range of benefits that may be unfamiliar to the civilian practitioner.

A civilian lawyer should work closely with the CAO/CAR/CACO to understand the scope of potential benefits. He or she should also do some independent research.

There are great resources on the Internet, such as www.militaryfuneralhonors.osd.mil, which provides specific information about burial benefits and military honors.

• The Tragedy Assistance Program for Survivors (TAPS) at www.taps.org provides counseling referrals and crisis information.

• The Gold Star Wives at www.goldstarwives.org provides services to active duty and service connected military widows.

• The Armed Forces Services Corp. at www.afsc-usa.com has great expertise in government and military survivor benefits.

• The National Military Family Associ-ation at www.nmfa.org provides information about benefits.

The Department of Veteran's Affairs (VA) publishes a booklet about federal benefits for veterans and dependents. The VA Web site is www.va.gov.