Death gratuity - my father was listed as POW/MIA from the conflict in Vietnam. No one left behind so they have been trying to resolve what happened and on July 9th he was laid to rest at Arlington in a joint plot with the other 5 servicemen he went missing with after their plane dissapeared. I have learned that there is now a death benefit that is awarded to families when there loved one is killed in the line of duty. Is there anyway that my case could be considered for the gratuity?
State/Country relating to question: Montana
ANSWER:Death Gratuity Payment Military services provide payment, called a death gratuity, in the amount of $100,000 to the next of kin of servicemembers who die while on active duty (including those who die within 120 days of separation) as a result of service-connected injury or illness. CLICK HERE for more information.Also, CLICK HERE for the VA's Fact Sheet re Benefits for Survivors of Servicements Who Died on Active Duty.Also, army.mil/Home/Benefit_Library/Federal_Benefits_Page/POW__MIA_Entitlements.html?serv=147" target="_blank">CLICK HERE for the Army Fact Sheet re Captive / POW / MIA entitlements.
All you did was regurgitate the info I saw on line. As you can see my case is way different than typical so it needs an answer that is dedicated to my unique situation. Can you please do a more thorough explaination than you provided?
FURTHER ANSWERI am obviously not fully understanding your situation. Can you please provide more facts as to why you view your situation as being unique and untypical. I will then be in a better position to provide you with the information you are seeking.Upon determination that a service member died while in POW or MIA status, family members are generally entitled to survivor benefits, including:-----> A death gratuity, which is a lump sum payment to help the family meet financial needs-----> Temporary health and dental benefits-----> Temporary housing on military installations or bases-----> Dependency and Indemnity Compensation (DIC). This is a non-taxable monthly payment from the VA-----> Survivor Benefit Plan (SBP), which is a monthly payment based on a percentage of what the service member would have been paid in retirement pay if he retired on the day he died
The Death Gratuity involves a one-time payment of $100,000 for survivors of a military service member whose death occurred while the member was on active duty. The payment is tax-exempt.
Military & Family Law. 30+ years experience. USFSPA pension division expertise.
I am pretty sure that the current death gratuity was started with the gulf wars, possibly just after 9/11 so I don't think they go back as far as the war in Vietnam. I suppose if they grant it in my case then everyone who lost someone in wars past would feel they deserve it as well. My case is somewhat unique because they finally found remains and sent them stateside for burial. Possibly that could be the uniquness that makes my request possible. Thanks for your help and please add any thoughts you may have. Ron
OPTING OUT.....Yes, now I understand. Your situation is not unique, as the same fact pattern has arisen many times over the past 40+ years. I do know that legislation has been previously introduced in Congress to provide relief in this situation but failed to be enacted.For example, H.R.2877. A bill to authorize the payment of a death gratuity to the survivors of certain members of the Armed Forces who have been in a missing-in-action status and subsequently determined to have died during a period when no Government life insurance program was in effect for active duty personnel.Sponsor: Rep Roy, William R. [KS-2] (introduced 1/24/1973) Cosponsors (None) Committees: House Armed Services Latest Major Action: 1/24/1973 Referred to House committee. Status: Referred to House Committee on Armed Services.And you are correct that the current Death Gratuity amount of $100,000 applies only back to October 7, 2001.CLICK HERE for a history to military's Death Gratuity program.CLICK HERE to see DoD's Financial Management Regulations,In sum, I have spent a considerable amount of time researching your question, based on the facts you are presenting, and I cannot find an legal authority that would enable you to receive the Death Gratuity you are seeking. I realize this is not what you wanted to hear from me, so I am going to "opt out," thus allowing another JustAnswer.com expert to pick-up your question and hopefully provide you with an answer to you liking.I wish you well.
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