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Child or Children
If the decedent is survived by a child or children,
but no spouse, the death gratuity will be paid to the child
or children.
GENERAL ELIGIBILITY CRITERIA.— An
eligible child can be a legitimate child; a legally adopted
child; a stepchild, if the child was a member of the
decedent’s household; or an illegitimate child.
Generally, you can use any of the following
documentation to establish a child’s eligibility status:
Documentary evidence showing termination of
any marriage, including a certified copy of the
spouse’s death certificate, divorce, or annulment
decree
Entitlement to BAQ for a child or children, or
evidence of occupation of government quarters
with the member before the member’s death
Documentary proof of the relationship,
including the original or certified copy of the
original birth certificate or a certified court order
of adoption
A certified copy of the appointment paper if a
guardian of a minor child, or children, has been
appointed by a court (as distinguished from
being awarded physical custody)
ILLEGITIMATE CHILD.— In the case of an
illegitimate child, the child’s eligibility must be
confirmed by evidence provided by or associated with
the deceased service member. When the deceased
service member is the child’s father, you can use any of
the following documentation to establish the child’s
eligibility:
A statement, written and signed by the member,
acknowledging and identifying the child as his
own
Evidence that the member was judicially ordered
to contribute to the child’s support or was before
his death judicially or otherwise shown by
satisfactory evidence to be the father of the child
When the deceased member is the mother, the
child’s eligibility can be established by a birth
certificate or other satisfactory evidence that the
member was the mother of the child.
STEPCHILD.— The relationship between a
member and a stepchild may survive the end of the
marriage from which it arose if close family ties have
continued.
If such a relationship ended by the
member’s death, the relationship continues in the
absence of evidence to the contrary. If the marriage
ended by divorce (as distinguished from death), the
relationship ends unless clear and convincing evidence
is furnished showing continuance of close family ties
and the intention to continue the prior relationship.
Designated Beneficiaries
If the decedent is not survived by a spouse or child
and has officially designated a father, mother, brother,
or sister to receive the death gratuity, no further
evidence is necessary.
This is true except in cases of in loco parentis. The
DOD defines in loco parentis as a person who stood in
place of a parent to the service member 24 hours a day
for a period of at least 5 years before the service member
became 21 years old or entered military service. The
beneficiary, however, must furnish the following
documentation:
Documentary evidence that any marriage
entered into by the decedent has been terminated.
A statement, witnessed by two individuals, that
there are no living children. For in loco parentis
cases, entitlement to BAQ for that person is
sufficient evidence. If this relationship has not
been established, DFAS—CL will make the
determination.
DETERMINATIONS AFFECTING
ENTITLEMENT
Several determinations place additional restrictions
on the payment of a death gratuity.
Death as Lawful Punishment
Death gratuity is not payable in the case of a
member whose death is the result of a lawful
punishment for a crime or military offense. This does
not apply when the death is inflicted by any hostile force
with which the armed forces of the United States had
engaged in armed conflict.
Member Killed by Beneficiary
Death gratuity is not payable to a beneficial or
survivor who kills a member, unless there is evidence
that clearly absolves such beneficiary or survivor of any
felonious intent.
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