DEATH GRATUITY

[Title 32 CFR 716]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter C - PERSONNEL]
[Part 716 - DEATH GRATUITY]
[From the U.S. Government Printing Office]

32NATIONAL DEFENSE52002-07-012002-07-01falseDEATH GRATUITY716PART 716NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYPERSONNEL
PART 716--DEATH GRATUITY--Table of Contents

Subpart A--Provisions Applicable to the Navy and the Marine Corps

Sec.
716.1 Principal rule.
716.2 Definitions.
716.3 Special situations.
716.4 Eligible survivors.
716.5 Delegation of authority.
716.6 Death occurring after active service.
716.7 Payment of the death gratuity.
716.8 Payments excluded.
716.9 Erroneous payment.

Subpart B--Provisions Applicable to the Navy

716.10 Procedures.

Subpart C--Provisions Applicable to the Marine Corps

716.11 Procedures.

[[Page 185]]

Authority: Sec. 301, 80 Stat. 379, 1(32)(A), 72 Stat. 1452; 5 U.S.C.
301, 10 U.S.C. 1475-1480, Pub. L. 89-554.

Source: 24 FR 7523, Sept. 18, 1959, unless otherwise noted.

Subpart A--Provisions Applicable to the Navy and the Marine Corps

Sec. 716.1 Principal rule.

Under title 10 U.S.C., section 1475, the Secretary of the Navy shall
have a death gratuity paid immediately upon official notification of the
death of a member of the naval service who dies while on active duty,
active duty for training, or inactive duty training. The death gratuity
shall equal six months' basic pay (plus special, incentive, and
proficiency pay) at the rate to which the deceased member was entitled
on the date of his death but shall not be less than $800 nor more than
$3,000. A kind of special pay included is the 25% increase in pay to
which a member serving on a naval vessel in foreign waters is entitled
under 10 U.S.C. 5540 when retained beyond expiration of enlistment
because such retention was essential to the public interest.

Sec. 716.2 Definitions.

For the purposes of this part, terms are defined as follows:
(a) Member of the naval service. This term includes:
(1) A person appointed, enlisted, or inducted into the Regular Navy,
Regular Marine Corps, Naval Reserve or Marine Corps Reserve, and
includes a midshipman at the United States Naval Academy;
(2) Enlisted members of the Fleet Reserve and Fleet Marine Corps
Reserve and retired members;
(3) A member of the Naval Reserve Officers Training Corps when
ordered to annual training duty for 14 days or more, and while
performing authorized travel to and from that duty; and
(4) Any person while en route to or from, or at a place for final
acceptance for entry upon active duty in the naval service who has been
ordered or directed to go to that place, and who has been provisionally
accepted for such duty.
(b) Active duty. This term is defined as (1) full-time duty
performed by a member of the naval service, other than active duty for
training, or (2) as a midshipman at the United States Naval Academy, and
(3) authorized travel to or from such duty or service.
(c) Active duty for training. Such term means:
(1) Full-time duty performed by a member of a Reserve component of
the naval service for training purposes;
(2) Annual training duty performed for a period of 14 days or more
by a member of the Naval Reserve Officers Training Corps; and
(3) Authorized travel to or from such duty.
(d) Inactive-duty training. Such term is defined as any of the
training, instruction, appropriate duties, or equivalent training,
instruction, duty, appropriate duties, or hazardous duty performed with
or without compensation by a member of a Reserve component prescribed by
the Secretary of the Navy pursuant to sections 206, 309, and 1002 of
title 37 U.S.C. or any other provision of law. The term does not
include:
(1) Work or study performed by a member of a Reserve component in
connection with correspondence courses in which he is enrolled, or
(2) Attendance at an educational institution in an inactive status
under the sponsorship of the Navy or Marine Corps.

[24 FR 7523, Sept. 16, 1959, as amended at 37 FR 6471, Mar. 30, 1972; 44
FR 25647, May 2, 1979]

Sec. 716.3 Special situations.

(a) Service without pay. Any member of a Reserve component who
performs active duty, active duty for training, or inactive-duty
training without pay shall, for purposes of a death gratuity payment, be
considered as being entitled to basic pay, including special pay and
incentive pay if appropriate, while performing such duties.
(b) Death occurring while traveling to and from active duty for
training and inactive-duty training. Any member of a Reserve component
who, when authorized or required by competent authority, assumes an
obligation to perform active duty for training or inactive-duty training
and who dies from an injury incurred on or after January 1,

[[Page 186]]

1957 while proceeding directly to or directly from such active duty for
training or inactive-duty training, shall be deemed to have been on
active duty for training or inactive-duty training as the case may be.
(c) Hospitalization. A member of a Reserve component who suffers
disability while on active duty, active duty for training, or inactive-
duty training, and who is placed in a new status while he is receiving
hospitalization or medical care (including out-patient care) for such
disability, shall be deemed, for purposes of death gratuity payment to
have continued on active duty, active duty for training, or inactive-
duty training, as the case may be, in the event of his death in such
status.
(d) Discharge or release from a period of active duty. A person who
is discharged or released from active duty (other than for training) is
considered to continue on that duty during the period of time required
for that person to go to his home by the most direct route. That period
may not end before midnight of the day on which the member is discharged
or released.

[24 FR 7523, Sept. 18, 1959, as amended at 25 FR 7792, Aug. 16, 1960]

Sec. 716.4 Eligible survivors.

(a) The death gratuity shall be paid to or for the living survivor
or survivors of the deceased member first listed below:
(1) The lawful spouse. (For purpose of this part, a man or woman
shall be considered to be the spouse if legally married to the member at
the time of the member's death.)
(2) His children (without regard to their age or marital status) in
equal shares.
(3) Parent(s), brother(s) or sister(s) or any combination of them,
when designated by the deceased member.
(4) Undesignated parents in equal shares.
(5) Undesignated brothers and sisters in equal shares. In paragraphs
(a)(2), (3) and (4), respectively, of this section, the terms ``child''
and ``parent'' have the meanings assigned to them by title 10 U.S.C.
section 1477 and the term ``parents'' includes persons in loco parentis
as indicated by that section. The terms ``brother'' and ``sister'' in
paragraphs (a) (3) and (5) of this section include brothers and sisters
of the half blood and those through adoption.
(b) Designation of payee by service member. Where the service member
has designated a beneficiary and is not survived by a spouse, child, or
children, the payment will be made to the specific person designated by
him provided the designee falls within the class of beneficiaries
permitted as set forth in paragraph (a)(3) of this section. If more than
one person is so designated on the Record of Emergency, payment will be
made in equal shares unless the member designated a proportionate share
to each beneficiary. Frivolous designations, such as one per centum to a
particular beneficiary, should not be made.
(c) Death of survivor prior to receipt of gratuity. (1) If a
survivor dies before receiving payment, or if a designated beneficiary
predeceases the member (and there is no other designated beneficiary)
such amount shall be paid to the then living survivor or survivors
listed first under paragraph (a) of this section.
(2) In case one of the beneficiaries (parents or brothers or
sisters) designated by a member, pursuant to paragraph (a)(3) of this
section, to receive death gratuity payment dies prior to the member's
death, or after his death but prior to the time payment is made, the
share which would have been paid to the deceased designee may be paid to
the other person or persons designated.

[24 FR 7523, Sept. 18, 1959, as amended at 37 FR 6471, Mar. 30, 1972]

Sec. 716.5 Delegation of authority.

(a) Pursuant to the authority contained in title 10 U.S.C., section
1479, as to deaths described in section 1475 thereof, the Secretary of
the Navy has delegated to commanding officers of naval commands,
installations, or districts, with respect to naval personnel, and to
Marine Corps commanding generals and officers in command of regiments,
battalions or equivalent units and of separate or detached commands who
have custody of service records, with respect to Marine Corps personnel,
authority to certify for the payment of death gratuity the lawful

[[Page 187]]

spouse or designated beneficiary(ies) of the deceased service member who
was residing with him at or near his place of duty at the time of his
death, except in cases in which a doubt may exist as to the identity of
the legal beneficiary. Disbursing officers are authorized to make
payment of the death gratuity upon receipt of certification from the
Commanding Officer.
(b) The Secretary of the Navy has delegated authority to the Chief
of Naval Personnel as to naval personnel, and to the Commandant of the
Marine Corps (Code MSPA-1) as to Marine Corps personnel, the authority
to certify the beneficiary(ies) for receipt of payment of death gratuity
in all appropriate cases of payment of death gratuity under the
Servicemen's and Veterans' Survivor Benefits Act (now reenacted in 10
U.S.C. 1475-1480), including, but not limited to:
(1) Cases in which a doubt may exist as to the identity of the legal
beneficiary; and
(2) Cases in which the widow or designated beneficiary(ies) of the
deceased service member was not residing with him at or near his place
of duty at the time of his death.

[24 FR 7523, Sept. 18, 1959, as amended at 44 FR 25647, May 2, 1979]

Sec. 716.6 Death occurring after active service.

(a) Under title 10 U.S.C., section 1476, the death gratuity will be
paid in any case where a member or former member dies on or after
January 1, 1957, during the 120-day period which begins on the day
following the date of his discharge or release from active duty, active
duty for training, on inactive duty training, if the Administrator of
Veterans' Affairs determines that:
(1) The decedent was discharged or released, as the case may be,
from the service under conditions other than dishonorable from the last
period of the duty or training performed; and
(2) Death resulted from disease or injury incurred or aggravated
while on such active duty or active duty for training; or while
performing authorized travel to or from such duty; or
(3) Death resulted from injury incurred or aggravated while on such
inactive-duty training or while traveling directly to or from such duty
or training.
(b) For purposes of computing the amount of the death gratuity in
such instances, the deceased person shall be deemed to be entitled on
the date of his death to basic pay (plus any special, incentive and
proficiency pay) at the rate to which he was entitled on the last day he
performed such active duty, active duty for training, or inactive duty
training. A kind of special pay included is a pay increase under 10
U.S.C. 5540; see Sec. 716.1.
(c) The Department of the Navy is precluded from making payment of
the death gratuity pending receipt of the determinations described in
paragraph (a) of this section. In view of this, commands should insure
that the medical records and reports of investigations by fact-finding
bodies be submitted to the Navy Department at the earliest possible
date. The Veterans' Administration is promptly notified of all deaths of
this category reported, and upon the request of that agency all
pertinent data is forwarded.

Sec. 716.7 Payment of the death gratuity.

(a) Claim certification and voucher for the death gratuity payment.
The Comptroller General of the United States has approved DD Form 397 as
the form to be used hereafter for claim certification and voucher for
the death gratuity payment.
(b) Active duty deaths (Navy). To effect immediate payment of death
gratuity the following actions will be taken:
(1) The commanding officer will ascertain that the deceased member
died while on active duty, active duty for training, or inactive-duty
training, and will obtain the name, relationship, and address of the
eligible survivor from the Service Record of the deceased. The
Dependency Application/Record of Emergency Data (NAVPERS 1070/602) or
Record of Emergency Data (DD Form 93), will normally contain this
information. In addition, in the case of enlisted personnel, the
Application for Dependents Allowance (BAQ [Basic Allowance for
Quarters]), NAVPERS Form 668, may serve as a source of corroboration. He
will, with the cooperation of the disbursing officer, initiate

[[Page 188]]

preparation of a Claim Certification and Voucher for Death Gratuity
Payment, DD Form 397, in original and five copies, completing blocks 5
through 14 inclusive, and the administrative statement in block 18. The
administrative statement in block 18 will be signed by the commanding
officer or acting commanding officer.
(2) The disbursing officer will, upon receipt of the DD Form 397,
draw a check to the order of the eligible survivor named in block 5,
complete blocks 2, 3, 4, and the check payment data portion of block 18.
(3) Under arrangements made by the commanding officer, the check and
the original and one copy of the voucher, DD Form 397, will be delivered
to the payee. The payee will be required to complete block 15, sign in
block 17a, and have two witnesses complete block 17 on the original
voucher at the time the check is delivered. Under no circumstances will
the check be delivered to the payee until this action has been
accomplished. The payee will retain the copy of the voucher, DD Form
397, and the signed original voucher will be returned by hand to the
disbursing officer by the person designated to deliver the check.

[24 FR 7523, Sept. 18, 1959, as amended at 44 FR 25647, May 2, 1979]

Sec. 716.8 Payments excluded.

(a) No payment shall be made if the deceased member suffered death
as a result of lawful punishment for a crime or for a military or naval
offense, except when death was so inflicted by any hostile force with
which the Armed Forces of the United States have engaged in armed
conflict.
(b) No payment will be made to a survivor implicated in the homicide
of the deceased in the absence of evidence clearly absolving such
survivor of any felonious intent.
(c) Unless the laws of the place where a minor beneficiary resides
provide that such a payment would grant a valid acquittance of the
Government's obligation to make a payment of death gratuity to or for a
minor, a death gratuity of more than $1,000 may not be paid in whole or
in part to a parent as natural guardian of a minor or to any other
person who is not a legal guardian appointed by the civil court to
manage the minor's financial affairs.

[24 FR 7523, Sept. 18, 1959, as amended at 37 FR 6471, Mar. 30, 1972; 44
FR 25647, May 2, 1979]

Sec. 716.9 Erroneous payment.

Where through administrative mistake of fact or law, payment of the
death gratuity is made to a person clearly not entitled thereto, and it
is equally clear that another person is entitled to the death gratuity,
the Chief of Naval Personnel (Pers-732) or the Commandant of the Marine
Corps (Code MSPA-1), as appropriate, will certify payment to the proper
payee, irrespective of recovery of the erroneous payment. On the other
hand, where a payment of the death gratuity has been made to an
individual on the basis of representations of record made by the
deceased member as to his marital and dependency status, and the
Government otherwise has no information which would give rise to doubt
that such status is as represented, the payment is not to be regarded as
``erroneous.'' The Government has a good acquittance in such cases even
though it may subsequently develop that the payee is not the proper
statutory payee of the gratuity and no second payment is authorized.

[24 FR 7523, Sept. 18, 1959, as amended at 44 FR 25647, May 2, 1979]

Subpart B--Provisions Applicable to the Navy

Sec. 716.10 Procedures.

(a) Action by commanding officers. See Sec. 716.7(b)--(1) Immediate
payment--Eligible beneficiary residing with deceased member. Commanding
officers, in order to expedite the payment of the death gratuity, will,
upon official notification of death, ascertain the duty status of the
deceased, and determine the eligibility of the spouse or designated
beneficiary who was residing with the deceased member on or near his
duty station at the time of his death. The services of a staff or
district legal officer will be utilized as required. Every effort should
be made to effect prompt payment (within 24 hours, if possible). It is
the intent that determinations of

[[Page 189]]

entitlement by commands in the field will be confined largely to spouses
and parents designated by the service member who were living with him at
the time of his death.
(2) Questionable cases. If entitlement to the death gratuity payment
is questionable after seeking advice of the staff or district legal
officer, such case will be forwarded promptly to the Chief of Naval
Personnel (Pers-732) with a brief statement relative to the facts which
raised the issue of doubt. Every effort will be made to expedite action
by a review of the official records of the decedent in the Bureau of
Naval Personnel and the Family Allowance Activity at Cleveland, Ohio.
Those cases wherein the service member was in a deserter status, absent
without leave, or in the custody of civil authorities at the time of
death, wherein guardianship must be provided for the protection of the
decedent's children, or wherein a technicality exists which makes
immediate certification legally unsound, will be considered
questionable.
(3) Exception. Where the entitlement of the survivor who is living
with the deceased at the time of his death is questionable and such
survivor is in dire financial circumstances, the Chief of Naval
Personnel (Pers-G23) shall be requested by message to make an
adjudication of entitlement. If it is determined that the survivor is
entitled to the payment, the commanding officer will be authorized by
message to execute DD Form 397.
(b) Action by Casualty Assistance Calls Program (CACP) officers;
Potential beneficiary not residing with member--(1) Widow(er). The CACP
officer, on his or her initial visit to a widow(er), determines,
propriety permitting, whether there is an urgent need for financial
assistance. If there is an urgent need for financial assistance, the
CACP officer should obtain DD Form 397 from any military disbursing
office and, on his or her second visit to the widow(er), have him or her
sign it and obtain the signatures of two witnesses on the form. It
should be noted that the following procedure is confined to cases in
which the decedent's eligible survivor for the death gratuity is a
widow(er), and efforts to effect immediate payment in accordance with
the intent of the governing statute are appropriate. In such cases, the
CACP officer, upon learning that a widow(er), not residing with his or
her spouse at or near the spouse's duty station, is in urgent need of
financial assistance, shall advise the Chief of Naval Personnel (Pers-
732) of the need by message. The CACP officer shall send a copy of this
message to the decedent's duty station, if known. Upon receipt, the
disbursing officer will furnish the Navy Finance Center, Cleveland, Ohio
44199, with the decedent's basic monthly pay [plus any special (see
Sec. 716.1), incentive, and proficiency pay] in the event the pay
account has not been forwarded previously to that center sufficiently
early to have reached there. The CACP officer shall also send a copy of
his message to the Navy Finance Center with the request that payment of
the death gratuity be made upon receipt of the certification of
beneficiary entitlement from the Chief of Naval Personnel (Pers-732).
(2) Navy Relief. In cases where there is immediate need prior to
receipt of the death gratuity, the Navy Relief Society will be contacted
by the Casualty Assistance Calls Program officer.
(c) Action by the Chief of Naval Personnel. (1) In all cases where
death gratuity is not authorized to be paid locally and in cases where
authority exists to pay locally but entitlement is questionable (see
paragraph (a)(2) of this section), the Chief of Naval Personnel (Pers-
732) will expedite adjudication of claims. As indicated in paragraph
(b)(1) of this section CACP officers will refer cases of urgent
financial need to the Chief of Naval Personnel (Pers-732) by message for
action.
(2) If a minor is entitled to a death gratuity under 10 U.S.C. 1477
not exceeding $1,000, such death gratuity may be paid to the father or
mother as natural guardian on behalf of the minor, provided a legally
appointed guardian has not been appointed, upon substantiation by a
sworn (notarized) statement of the natural guardian:
(i) That no legal guardian has been appointed and that such an
appointment is not contemplated;

[[Page 190]]

(ii) The relationship of the natural guardian to the minor;
(iii) That the minor is in the actual custody of the natural
guardian;
(iv) That an amount paid to the natural guardian will be held for,
or applied to, the use and benefit of the minor.

If the death gratuity to which a minor is entitled exceeds $1,000, the
appointment of a legal guardian on behalf of the minor is requested.
Certification of the minor eligible to receive the death gratuity is
made by the Chief of Naval Personnel (Pers-732) and payment is effected
by the Navy Finance Center, Cleveland, OH 44199;
(d) Cross-servicing procedure. Payment of the death gratuity may be
made by a disbursing officer who is maintaining the pay record of a
member of another service, provided the command to which the member is
attached and which maintains his service record is in the immediate
vicinity and certificates the beneficiary eligible to receive payment on
the proper voucher (DD Form 397). Otherwise the pay record will be sent
to the Army Finance Center, Air Force Finance Center, Commandant of the
Marine Corps (Code CDB), the Navy Finance Center, of the Commandant,
U.S. Coast Guard, as appropriate.

[24 FR 7523, Sept. 18, 1959, as amended at 44 FR 25647, May 2, 1979; 45
FR 43165, June 26, 1980]

Subpart C--Provisions Applicable to the Marine Corps

Sec. 716.11 Procedures.

(a) Action. Commanding officers will direct immediate payment of the
gratuity where the deceased member's spouse was, in fact, residing with
the member on or near the station of duty at the time of the member's
death while on active duty, active duty for training, or inactive-duty
training. Every effort should be made to effect such payment promptly
(within 24 hours, if possible). In cases where the eligible survivor
residing with the member on or near the duty station is other than a
spouse, commanding officers may direct the payment of death gratuity
when the case can be properly determined, and an urgent need exists for
immediate payment. Proper determination is imperative.
(b) Qualifications. (1) Where any doubt exists as to the legal
recipient of the gratuity, the case will be referred to the Commandant
of the Marine Corps (Code MSPA-1) for determination.
(2) [Reserved]

[24 FR 7523, Sept. 18, 1959, as amended at 44 FR 25648, May 2, 1979]