![](media/image1.wmf){width="2.2465277777777777in"
height="2.2402777777777776in"}

**of the**

**Inter-Service Task Force**

**on**

**Uniform Support For Surviving Family Members of Private Citizens, DoD
Civilians, and**

**Non-DoD Federal Employees Involved in Fatal Accidents**

> **March 11, 1999**

**TABLE OF CONTENTS**

Executive Summary 2

Part A: CT-43 Lessons Learned - A Synopsis 13

Part B: Issues, Findings, and Recommendations from the Working Group 18

**[EXECUTIVE SUMMARY]{.underline}**

**Report of the Inter-Service Task Force:**

**Uniform Support for**

**Surviving Family Members**

**of Private Citizens, DoD Civilians,**

**and Non-DoD Federal Employees**

**Involved In Fatal Accidents**

**PURPOSE**

On 10 June 1997, the Secretary of Defense appointed the Under Secretary
of Defense (Personnel and Readiness) to chair an Inter-Service Task
Force on lessons learned from the 1996 CT-43 tragedy. The Secretary of
Defense requested that lessons learned from the tragedy be documented,
disseminated and acted on by the Services.

In response to this tasking, the Under Secretary of Defense (P&R)
designated the Air Force as Executive Agent for the Task Force.
Specifically, the goals of the Task Force were to:

1.  Review the procedures, policies and practices that the Services
    employ in dealing with tragedies involving private citizens and
    non-DoD Federal employees.

2.  Ensure that the Services have uniform and efficient procedures for
    addressing sensitive matters such as family notification, claims
    processing and grief counseling.

    The Task Force was comprised of the Service Assistant Secretaries
    for Manpower and Reserve Affairs; Deputy Chiefs of Staff for
    Personnel; Deputy Chiefs of Staff for Operations; Director, Manpower
    and Personnel (J-1), DoD Deputy General Counsel (Personnel and
    Health Policy), an Air Force Military Claims Act/International Law
    specialist, and a Coast Guard representative.

**PROCEDURES**

The Air Force compiled lessons learned from the CT-43 tragedy and
briefed them to the Task Force. These lessons learned were used as the
groundwork for further efforts.

The Air Force Assistant Secretary (Manpower, Reserve Affairs,
Installations & Environment) chaired a Working Group to identify
necessary changes to DoD procedures and to develop recommendations.
Membership of the Working Group included representatives from the
Secretaries of State, Commerce, and Transportation; the Deputy Assistant
Secretary of Defense (Personnel Support, Families, and Education);
Office of the Department of Defense General Counsel; Director of
Manpower and Personnel, Joint Chiefs of Staff; the Assistant Secretaries
of the Army, Navy, and Air Force (Manpower and Reserve Affairs); the
Assistant Vice Chief of Staff of the Air Force (CVA); the Army and Air
Force Deputy Chiefs of Staff (Personnel); Deputy Chief of Naval
Operations (Personnel); Deputy Chief of Staff (Manpower and Reserve
Affairs), Marine Corps; the Commandant of the Coast Guard; and the Air
Force General Counsel. Additionally, representatives from the offices of
the Air Force Judge Advocate General, Surgeon General, Chaplains,
Installations and Logistics, and Public Affairs participated in Working
Group meetings when issues pertinent to their areas of expertise were
reviewed.

The Working Group established three panels: **Family Support**, **Agency
Interface** and **Legal**. These panels ensured issues were addressed by
functional experts and that a factual and comprehensive response was
provided to the Secretary of Defense. Specifically, the goals of the
Working Group were to:

1.  Identify:

-   DoD procedures and best practices of family notification and support
    in tragedy situations;

-   Procedures for dealing with DoD civilians, non-DoD Federal
    employees, and private citizens;

-   Gaps in the support network between DoD and Federal/Private
    agencies; and

    2\. Provide recommendations for a DoD Uniform Response Plan to:

-   Establish uniform procedures to fill gaps in notification, claims
    processing, and Information and Referral (I&R) for short and
    long-term counseling;

-   Clarify roles/responsibilities when multiple agencies are involved;

-   Outline procedures to interface with other affected agencies.

    Experts from various functional areas provided information to the
    three panels. Panel chairs provided their findings, considerations
    and recommendations to the Working Group on a weekly basis. Members
    of the Working Group discussed this information and finalized
    recommendations to the Task Force.

    **DISCUSSION**

    Becoming a member of the Armed Forces of the United States is a
    voluntary act on the part of each individual by mutual agreement and
    acceptance by the Armed Forces \-- just as civilian employment is
    based on a mutual agreement between individual citizens and their
    respective employers. The Armed Forces' mission is to protect and
    defend the United States of America against all enemies, foreign and
    domestic. Inherent in that mission is the accepted principle that
    death can occur at any time while in service to the country. This
    mission and this principle set the military profession apart from
    all other professions.

    All deaths in the Armed Forces are tragedies and are treated as
    such. Therefore, a strong system that supports surviving families
    when a military member dies is an integral part of the military
    institution. The 1996 crash of the Air Force CT-43 in Croatia caused
    the Department of Defense (DoD) to extend services, support and
    sorrow to family members of private citizens and non-DoD Federal
    employees. The DoD support structure does not normally serve these
    families. This event, as well as recent accidents involving other
    military conveyances, has emphasized the paramount need for
    resources and flexibility to provide assistance to both military and
    non-military personnel. Therefore, great care must be taken to
    establish policies that are proactive rather than reactive and that
    maintain flexible options to meet specific situations. Because no
    two mishaps are alike, the Services must be given latitude to
    provide support and initiate actions appropriate to each tragedy.

    The responsibility to treat all deaths with dignity and compassion
    is sometimes constrained by the responsibility to balance needs of
    families with legal and fiscal realities. Weighing of options takes
    place at every level, from Secretariat to field commanders. The
    decisions are not always easy.

    DoD is not alone in its efforts to review current policies and
    procedures to ensure support to surviving family members. In the
    Aviation Disaster Family Assistance Act of 1996, Congress outlined
    the steps that commercial airlines must take to support families who
    lose loved ones in an airline accident. Further, the White House
    Commission on Aviation Safety and Security recommended review and
    coordination of Federal services to civilian families who lose loved
    ones in government air disasters. As part of this initiative, all
    Federal Departments must review their policies, practices, and
    procedures used to support families of employees who die in air
    disasters. While DoD is the first Department to complete an internal
    policy review, other Departments' responses to these two efforts
    will undoubtedly influence DoD's future actions.

    Given this context and the goal of the DoD Task Force, this report
    is being presented in two parts: A) A synopsis of Lessons Learned
    from the 1996 CT-43 tragedy; and, B) Issues identified during the
    Working Group's review of the Services' casualty assistance policies
    and procedures. These issues are amplified in findings,
    considerations, and recommendations. Responsible organizations are
    indicated in parentheses following each recommendation. A summary of
    those issues and recommendations are provided below.

    **[ISSUES AND RECOMMENDATIONS]{.underline}**

    **Issue 1:** **There are no standard procedures for gathering
    emergency data information on non-DoD Federal employees or private
    citizens when they travel on military conveyances** **or participate
    in controlled military events as government sponsored attendees.**

    **Recommendations:**

    A. DoD should establish policy directing the Military Services to
    collect family emergency data on Federal employees and private
    citizens prior to travel on military aircraft/vessels. This
    emergency data information must be filed with a responsible
    official. This requirement pertains to conveyances where manifests
    are part of current procedures (USD(P&R)).

    B. DoD should create an emergency data form (Appendix 1) to capture
    the requisite information from all Federal employees and private
    citizens traveling on military conveyances (USD(P&R)).

    C. DoD should ensure Services comply with regulations and directives
    governing maintenance of a manifest that is filed with the flight
    plan and updated as changes are made enroute (USD(P&R)).

    D. DoD should encourage Federal Departments to adopt similar
    procedures to monitor the currency of emergency data for their
    employees (Inter-Agency Task Force).

    **Issue 2:** **There are no defined procedures and responsibilities
    for establishing a clear line of communication and single source of
    information for surviving family members.**

    **Recommendations**:

    A. A single point of contact (POC) should be appointed by all
    Departments, agencies, and Military Services having proponency for,
    or sponsorship of, tragedy victims (Appendix 2) (Military Services).

    B. The owner of the military conveyance should appoint a single POC
    to conduct the duties listed below (Military Services):

    1\. Establish link to all Offices of Primary Responsibility (OPR).

    2\. Establish liaison to outside agencies\--sponsoring agency, other
    Services, and DoS.

    3\. Maintain ongoing communication with sponsoring agency POC about
    tragedy information, safety and accident reports, recovery of
    remains, confirmed deaths, memorial services, transportation of
    remains, funerals and results of military discipline.

    4\. Enhance communications with the Operations Center and Accident
    and Safety investigating authorities in order to provide timely and
    accurate information to the sponsoring agency or, when appropriate,
    Service POCs or DoD family members.

    C. The Operations Center and Accident and Safety investigators must
    provide timely and accurate information to the Service POCs so that
    all concerned parties can be kept informed (Military Services).

D.  When multiple government agencies are involved in a tragedy, the
    sponsoring agency should appoint a single POC to: act as the point
    of entry for the Service POC; assume many of the responsibilities of
    communicating/coordinating responses to and from family members.
    Support provided to surviving family members of military retirees
    flying Space Available Status will be handled by the parent Service
    (Sponsoring Agency).

E.  DoD should seek adoption of this single POC model from other Federal
    Agencies (USD(P&R)).

    F. The sponsoring agency POC should assume responsibility for
    coordinating assistance to families of private citizens and work
    with these families in both the short-term and long-term (Sponsoring
    Agency).

    G. The sponsoring agency should assume responsibility for
    coordinating information and follow-on support to include initial
    memorial ceremonies, assessment and referral for counseling,
    monuments, etc., (Sponsoring Agency).

    **Issue 3:** **Support and Casualty practices differ for surviving
    family members of active duty members, veterans, Federal employees
    (DoD and non-DoD Federal employees), and private citizens who perish
    in a tragedy.**

    **Recommendations:**

    A. DoD should develop a comprehensive Directive that clearly
    outlines the Department's responsibilities, policies, and procedures
    to provide support to grieving families of all categories
    (USD(P&R)).

    B. DoD should develop a Uniform Response Plan that, at a minimum,
    ensures timely personal notification to Next of Kin (NOK); a single
    source/Point of Contact (POC) for I&R; a 1-800 line; and crisis
    intervention counseling to all family members of DoD civilians,
    non-DoD Federal employees, and private citizens. Depending on the
    nature of crisis intervention counseling to be extended, legislative
    authority for use of appropriated funds may be required (USD(P&R)
    and DoD(GC)).

    C. DoD should develop a packet of information to have available for
    families in need. At a minimum, it should consist of information on
    the Accident Investigation process and Safety Investigation process.
    A 1-800 telephone number should be provided for families to call for
    follow-on information (USD(P&R)).

    D. Other Federal agencies should develop a similar Uniform Response
    Plan that, at a minimum, ensures: timely personal notification to
    NOK; a single source/POC for I&R; a 1-800 line; and crisis
    intervention counseling. The plan should embody a form of the
    Military Services' best practices (Appendix 4), and contain a single
    point of entry at the Secretariat level (Sponsoring Agency).

    **Issue 4:** **Legal constraints and employment agreements determine
    benefits and assistance to surviving families of Federal employees
    and private citizens.**

    **Recommendations:**

    A. All Services should continue to implement the existing statutory
    framework for claims, compensation, and financial benefits to
    various categories of claimants (Military Services).

-   Before changes could be considered, DoD would have to evaluate the
    total benefits and compensation systems to determine if they are
    fair and equitable.

    B. All Services should transport remains of Federal employees and
    private citizens to burial sites and may provide travel, as deemed
    appropriate under the specific circumstances, for families after a
    tragedy for which a Service component was responsible (Military
    Services).

    C. When prudent and within resources, the Military Services should
    offer military escorts to accompany civilian remains to burial sites
    (Military Services).

    D. DoD should explore various options, including changes to the
    Joint Travel Regulation (JTR) and use of appropriated funds, to pay
    for travel, lodging, and per diem expenses for surviving families
    members and escorts, as well as the expense of transporting remains.
    Legislative authority for the use of appropriated funds to provide
    these services should be obtained (USD(P&R) and DoD(GC)).

    **Issue 5: There are no clear guidelines to provide short-term and
    long-term counseling assistance to surviving family members.**

    **Recommendations:**

    A. DoD should develop policy for extending I&R services for grief
    counseling to family members of Federal employees and private
    citizens in casualty situations. I&R services will include
    assessment of the problem, referral to and linkage with providers,
    and initial follow-up with the family (USD(P&R)).

    B. When determined appropriate, DoD, as the sponsoring agency, may
    provide reasonable compensation for crisis intervention services
    provided by designated non-profit organizations and should
    coordinate reimbursement for these services with the agencies
    involved (Military Services).

C.  As an exception to normal practice, the sponsoring agency or
    responsible military Service may pay for, or make arrangements for,
    financially needy families to receive grief counseling (Military
    Services and Sponsoring Agency).

D. Legislative authority for the use of appropriated funds to provide
these services should be obtained (USD(P&R) and DoD(GC)).

**Issue 6:** **Family members desire to receive information about
disciplinary actions imposed after a tragedy.**

**Recommendation:**

When appropriate, senior officials should notify families of decisions
made concerning specific administrative or disciplinary actions prior to
making that information public through a news release (Military
Services).

**Issue 7:** **Life insurance coverage is not uniformly applied to all
applicable travelers on DoD transportation.**

**Recommendations:**

A. Travelers using the government charge card should be informed of
insurance exclusions in advance of travel (Military Services and
Sponsoring Agency).

B. DoD should ensure that the General Services Administration ascertain
whether the government charge card contractor will amend its policy to
cover travelers being transported on all military aircraft (USD(C)).

C. DoD should ensure that the General Services Administration negotiate
removal of the military aircraft exclusions to life insurance coverage
when negotiating future government charge card contracts (USD(C)).

D.  Except where impracticable due to combat, emergency, or other
    operational constraint, DoD should develop procedures to disclose,
    in advance of providing transportation on military conveyances, the
    possibility that the travelers' life insurance coverage might not
    extend to travel on military conveyances (USD(P&R)).

E. DoD should explore using existing Federal publications that delineate
the benefits available to passengers and their family members in the
event the passenger is injured or killed while traveling on military
aircraft (USD(P&R)).

F. DoD General Counsel should ensure that the Department of Justice
informs the life insurance industry trade representatives that the
exclusion in question may be based upon a misunderstanding or lack of
knowledge concerning use of the military transport system (DoD(GC)).

**PART A: CT-43 LESSONS LEARNED**

The Air Force assumed responsibility for handling major recovery actions
and providing information to various agencies immediately following the
CT-43 mishap. In the absence of specific policies or guidelines on ways
and means to assist family members of both federal employees and private
citizens, some functions were performed and decisions made on a
day-by-day and case-by-case basis. In all instances, the goal was to
provide assistance to all categories of family members in a humane,
sensitive, and caring manner. The findings and conclusions listed below
constitute a summary of Air Force activities and practices. These were
prepared, in part, to evaluate Air Force strengths and weaknesses
experienced when responding to this tragedy.

This synopsis is a condensed version of the briefing presented on 5
September 1997 to the Inter-Service Task Force to review lessons learned
from the 1996 CT-43 Tragedy. It is included here in order to provide the
reader with an understanding of the breadth and scope of the issues this
Task Force was asked to study and make recommendations on with respect
to the kinds of support and services that are, or should be, provided to
surviving family members under similar circumstances.

A detailed discussion of specific findings, considerations, and
conclusions can be found in the CT-43 Narrative Summary at Appendix 3 of
this report. Cross references to specific sections of the narrative
summary are included below.

**[INITIAL RECOVERY ACTIONS:]{.underline}** (See Issue 1, Pages 44-47)

\- [Air Force Operations Center - Focal Point for
Information/Action]{.underline}

\-- Early confusion to be expected ( State Dept. queries; location of

wreckage; no manifest)

\-- USAF leaders relied on timely and accurate Ops Center information

for media updates

\-- Commerce Dept. appreciated availability of AF liaison officers

\- [Recovery of Remains]{.underline}

\-- Forces of nature will be a factor in any recovery effort

\-- Forward basing of Army's Field Morgue proved advantageous to

recovery effort

\-- Foreign country clearances are a factor

\-- Must collect DNA specimens immediately

\-- Prior training of Mortuary Affairs personnel by FBI and civilian

medical examiners aided in identification of remains and maintaining

family cooperation

\- [Family Notifications]{.underline}

\--When multiple agencies are involved, a single point of contact must

stay involved with each family to avoid conflicting information, avoid

annoying families that do not want contact with the military, and

facilitate resolution of future issues

\-- Don't assume other agencies have casualty assistance procedures like
DoD's

\- [Repatriation of Remains]{.underline}

\-- Scheduling of dedicated airlift was sound

\-- Early tasking was key to success

\-- Details made the difference; e.g., making sure 33 flags were
available for coffins

**[SUPPORT OF FAMILIES -- SHORT-TERM:]{.underline}** (See Issue 2, Pages

47-54)

\- [Presidential Memorial Ceremony at Dover AFB]{.underline}

\-- Appreciated by next of kin

\-- Helped families with grieving process

\-- NOK often thanked USAF for military escort

\-- Need to consider JTR change to authorize travel payments to

non-DoD Federal employees and private citizens (travel expenses of
non-DoD Federal employees paid from contingency funds)

\- [Transportation of remains for funerals]{.underline}

\-- Should offer military escort officer to travel with non-DoD Federal
employee remains (military escorts were only provided for remains of
military personnel)

\-- Need single POC for mortuary affairs

\-- State Department death certificates not always accepted

\-- Identifying victims' personal property can be emotionally disturbing
and should be handled with care and compassion (some family members
expressed dissatisfaction with AF's method of providing photographs of
personal effects without prior notification)

\- [Accident Investigation (Apr - Jun 96)]{.underline}

\-- Immediate decision made to conduct a single, fully releasable

accident investigation

\- [Appointment of USAF Single POC]{.underline}

\-- Intense interest in the report of investigation made appointment of

a single POC essential for keeping families informed and gave them voice
and face in the USAF (CSAF appointed Assistant Vice Chief of Staff)

\- [Briefing the Accident Investigation to the Families (Jun
96)]{.underline}

\-- Intense interest in the Report of Investigation

\-- Accident investigator must have report of investigation and public
briefing ready for simultaneous release

\-- Accident investigator's presence was essential

\-- Must develop time line that permits flexibility

\-- Selection of qualified briefing teams is key

\-- Expect requests for secondary briefings for other family members and
copies of briefing for other interested parties; e.g., attorneys and
employers

**[SUPPORT OF FAMILY MEMBERS - LONG-TERM]{.underline}:** (See Issue 3,
Pages 54-58)

\- [Family Meeting at Andrews AFB (Jul 96)]{.underline}

\-- Not a universal solution; some preferred one-on-one briefings

\-- Presence of senior officer helped control emotions

\-- Required use of Secretary's discretionary funds

\- [Miscellaneous Points]{.underline}

\-- Be pro-active with secondary briefings

\-- The families' needs for assistance continue for months and, in some
cases, years

\- [Informing Families of Disciplinary Actions (Jun - Aug
96)]{.underline}

\-- Some families will have intense interests in disciplinary actions

\-- Consistent with the spirit of the Victim & Witness Protection Act,
commander should consider families' interests in determining forum and
quantum of disciplinary measures taken

\--Families should receive advance personal notification of disciplinary
actions ahead of the public news release when possible

**[VALUE OF COMBINED SAFETY/ACCIDENT INVESTIGATION:]{.underline}** (See
Issue 4, Pages 58-60)

\- Circumstances in this mishap dictated the need for a single, fully
releasable report of investigation

\-- This procedure worked in this circumstance

\-- MAJCOM commander was appropriate convening authority for Accident
Investigation -- not HQ USAF

\-- Evidence has been fully disclosed to families and is available for
future litigation

**[SUCCESSES & DIFFICULTIES IN ADDRESSING INSURANCE AND CLAIMS
ISSUES]{.underline}:** (See Issue 5, Pages 60-63)

\- [Insurance Issues]{.underline}

\-- American Express persuaded to pay \$200,000 Business Travel

Insurance claims this time, but need to resolve disparity in policy
which excludes people "flying in a military aircraft other than those

operated by the Air Mobility Command"

\-- Personal (SGLI & FEGLI) insurance elections resulted in perceived

inequities between USAF and other agency NOK

**[SUMMARY OF LESSONS LEARNED:]{.underline}** (See Narrative Summary,
Page 64)

\- Funding for an effort of this magnitude is a problem the Services
must address; source of funds unresolved

\- When agencies outside the Service component are involved, one agency
must take control

\-- Not necessarily the Service component

\- Getting timely and accurate information to the families, political
leadership, and the media is key

\- AF excelled in supporting non-DoD families in early stages, but
lacked sustaining mechanism (manpower and funding)

**PART B:** **WORKING GROUP REVIEW OF SERVICES' CASUALTY ASSISTANCE
POLICIES AND PROCEDURES**

The Issues, Findings, and Recommendations listed below were developed to
ensure that there is an understanding of the needs of families and the
level of responsibility that agencies must accept when responding to
tragedies.

**Issue 1:** There are no standard procedures for gathering emergency
data information on non-DoD Federal employees or private citizens when
they travel on military conveyances or participate in controlled
military events as government sponsored attendees.

**Findings:**

A. Aircraft are the only military conveyance that mandate any form of
identifying data be maintained on passengers.

-   Timely notification to NOK can not be provided without specific
    emergency data.

```{=html}
<!-- -->
```
-   It is standard practice for military air crews to maintain passenger
    lists (manifests) that include name, rank/grade, and SSAN for both
    military and Federal employees. However, only the name and SSAN are
    collected for private citizens.

    B. Military vessels generally maintain a list of assigned personnel;
    names of visiting guests are signed in with a "permission to visit"
    notation.

    C. DoD Directive 4515.13-R, "Air Transportation Eligibility,"
    authorizes use of DD Form 1381, "Air Transportation Agreement" for
    non-DoD personnel when the flight originates in a foreign country.
    This form requires the name and address of a person to be notified
    in an emergency.

    D. During the CT-43 tragedy, lack of information on non-military
    passengers contributed to the distress of the surviving families.

    **Considerations:**

    A. Mandating the collection of emergency data will require Services
    to develop new procedures and will increase workload.

    B. When tragedies occur, emergency data allows for timely and
    accurate notification of family members.

    C. There is a procedure already in place to collect emergency
    information from non-DoD personnel when flights originate in a
    foreign country.

    D. When collecting emergency data information, military retirees and
    spouses should be considered as private citizens, even though their
    status gives them the privilege of flying in a Space Available
    capacity. This information could be collected at the time of Space
    Available registration or prior to boarding the actual flight.

    E. Because of the thousands of wheeled vehicles used in the
    military, it would be impractical and cost prohibitive to collect
    emergency data when using this mode of transportation.

    F. Emergency data on private citizens attending military controlled
    ground events is not currently collected.

    G. DD Form 1381, "Air Transportation Agreement" is outdated and does
    not capture sufficient emergency data or provide for the protections
    established by the Privacy Act of 1974.

    **Recommendations:**

    A. DoD should establish policies directing the Military Services to
    collect family emergency data on Federal employees and private
    citizens prior to travel on a military aircraft and on military
    vessels. This emergency data information must be filed with a
    responsible official. This requirement pertains to conveyances where
    manifests are part of current procedures (USD(P&R)).

    B. DoD should create an emergency data form (Appendix 1) to capture
    the requisite information from all Federal employees and private
    citizens traveling on military conveyances (USD(P&R)).

    C. DoD should ensure Services comply with regulations and directives
    governing maintenance of a manifest that is filed with the flight
    plan and updated as changes are made enroute (USD(P&R)).

    D. DoD should encourage Federal Departments to adopt similar
    procedures to monitor the currency of emergency data for their
    employees (Inter-Agency Task Force).

    **Issue 2:** There are no defined procedures and responsibilities
    for establishing a clear line of communication and single source of
    information for surviving family members.

    **Findings:**

    A. The responsible Service's initial response team at the site of
    the tragedy and the Service's operations centers, and accident and
    safety investigators are the initial and primary sources of
    information. They control the flow of information about the tragedy.

    B. Within the Services, there is no predetermined single POC who
    coordinates all the applicable internal and external OPRs, such as
    the Office of the Assistant Secretary of Defense for Personnel
    Support, Families and Education, public affairs, personnel,
    chaplains, medical services, legal services, mortuary affairs,
    casualty services, family support services, etc., for the purpose of
    providing information and assistance to families.

    C. In the absence of an assigned POC, the Service Chiefs have
    reacted on a case-by-case basis in tragedy situations. OPRs
    automatically assume responsibility within their functions for
    coordinating, informing, and directing assistance.

    D. Because there has been no single source of information, family
    members have sometimes received conflicting information from several
    sources.

    E. In the majority of instances, when non-DoD Federal employees and
    private citizens are traveling on military conveyances, there is
    normally an agency organizing the trip, called the sponsoring
    agency. The exception is the military retiree traveling on Space
    Available status.

    F. For tragedies involving non-DoD Federal agencies and private
    citizens, there are no coordinated inter-agency procedures to define
    roles and responsibilities for providing assistance to families.

    G. For tragedies that occur overseas, the Department of State (DoS),
    which has primary statutory responsibility for U.S. private citizens
    who die overseas, is the initial coordinating agency for private
    citizens.

    **Considerations:**

    A. In tragedies involving military transportation, the owner of the
    military conveyance is in the best position to report the tragedy,
    notify the sponsoring agency, recover the remains, and investigate
    each accident.

    B. After the immediate reporting and notifications are conducted,
    the responsible Personnel Chief of the Service owning the conveyance
    becomes the focal point for providing continued assistance to family
    members.

C.  Recent military and Federal reviews confirm that surviving family
    members of active duty and federal employees are most appropriately
    "taken care of" by the deceased's agency, company, or work unit.

D. The DoD single POC model will only work when other Federal

Agencies adopt and implement a similar uniform service plan.

**Recommendations:**

A. A single POC should be appointed by all Departments, agencies, and
Military Services having proponency for, or sponsorship of, tragedy
victims (Appendix 2) (Military Services).

B. The owner of the military conveyance should appoint a single POC to
conduct the duties listed below (Military Services):

1\. Establish link to all OPRs.

2.  Establish liaison to outside agencies\--sponsoring agency, other
    Services, and DoS.

    3\. Maintain ongoing communication with sponsoring agency POC about
    tragedy information, safety and accident reports, recovery of
    remains, confirmed deaths, memorial services, transportation of
    remains, funerals and results of military discipline.

    4\. Enhance communications with the Operations Center and Accident
    and Safety investigating authorities in order to provide timely and
    accurate information to the sponsoring agency or, when appropriate,
    Service POCs or DoD family members.

    C. The Operations Center and Accident and Safety investigators must
    provide timely and accurate information to the Service POCs so that
    all concerned parties can be kept informed (Military Services).

    D. When multiple government agencies are involved in a tragedy, the
    sponsoring agency should appoint a single POC to: act as the point
    of entry for the Service POC; and assume many of the
    responsibilities of communicating/coordinating responses to and from
    family members. Support provided to surviving family members of
    military retirees flying Space Available Status will be handled by
    the parent Service (Sponsoring Agency).

E. DoD should seek adoption of this single POC model from other Federal
Agencies (USD(P&R)).

F. The sponsoring agency POC should assume responsibility for
coordinating assistance to families of private citizens and work with
these families in both the short-term and long-term (Sponsoring Agency).

G. The sponsoring agency should assume responsibility for coordinating
information and follow-on support to include initial memorial
ceremonies, assessment and referral for counseling, monuments, etc.,
(Sponsoring Agency).

**Issue 3:** Support and Casualty practices differ for surviving family
members of active duty members, veterans, Federal employees (DoD and
non-DoD Federal employees), and private citizens who perish in a
tragedy.

**Findings:**

A. There are certain rights and benefits inherent to Military Service
that are provided to eligible military personnel in accordance with
applicable military directives, military customs, and public law.

B. Policies and procedures for providing support to military family
members are well defined, comprehensive and generally uniform among the
Military Services.

C. The Military Service member/family support procedures could serve as
a model for best practices in DoD and all Federal agencies (see Appendix
4 for Matrix of DoD practices).

D. There are no uniform policies and procedures for providing support to
family members of Federal employees.

E. There are no uniform policies and procedures for providing support to
family members of private citizens. The Services respond to each tragedy
on a case-by-case basis.

F. The Air Force developed procedures following the CT-43 tragedy to
meet the needs of families impacted by that specific tragedy.

**Considerations:**

A. Services provided to surviving families of military members are
considered appropriate based on the sacrifices required of the military
mission.

B. Military members and their families, Federal employees, and private
citizens receive compensation and benefits based on individual private
and/or employer insurance policies.

C. The services provided to surviving families of military members and
veterans are specified in public law. Legislative authority for
additional funding would be needed to extend these services to surviving
families of DoD civilians, non-DoD Federal employees, and private
citizens.

**Recommendations:**

A. DoD should develop a comprehensive Directive that clearly outlines
the Department's responsibilities, policies, and procedures to provide
support to grieving families of all categories (USD(P&R)).

B. DoD should develop a Uniform Response Plan that, at a minimum,
ensures timely personal notification to NOK; a single source/POC for
I&R; a 1-800 line; and crisis intervention counseling to all family
members of DoD civilians, non-DoD Federal employees, and private
citizens. Depending on the nature of crisis intervention counseling to
be extended, legislative authority for use of appropriated funds may be
required (USD(P&R) and DoD(GC)).

C. DoD should develop a packet of information to have available for
families in need. At a minimum, it should consist of information on the
Accident Investigation process and Safety Investigation process. A 1-800
telephone number should be provided for families to call for follow on
information (USD(P&R)).

D. Other Federal agencies should develop a similar Uniform Response Plan
that, at a minimum, ensures: timely personal notification to NOK; a
single source/POC for I&R; 1-800 line; and crisis intervention
counseling. The plan should embody a form of the Military Services' best
practices (Appendix 4), and contain a single point of entry at the
Secretariat level (Sponsoring Agency).

**Issue 4:** Legal constraints and employment agreements determine
benefits and assistance to surviving families of Federal employees and
private citizens.

**Findings:**

A. Claims, compensation and financial benefits are dependent upon the
statutory authority applicable to the deceased's status.

1\. Military Personnel. Survivors receive benefits under military
personnel compensation rules. They may not receive compensation under
the Military Claims Act (MCA), or other claims acts.

2\. Federal Civilian Employees. Survivors receive compensation under
civilian personnel compensation schemes and the Federal Employees\'
Compensation Act. They may not be paid under the MCA, or other claims
acts.

3\. Foreign Nationals (not employees of the United States). The next of
kin may seek compensation under the Foreign Claims Act (FCA); claims are
adjudicated in accordance with the law of the nation in which the mishap
occurred. There is no right to sue under the FCA.

4\. Non-Federal Employee U.S. Citizens. The estates of the decedents may
seek compensation under either the Federal Tort Claims Act (FTCA), if
the mishap occurs within the territorial limits of the United States, or
the MCA for any mishap involving the non-combat activities of U.S.
military forces anywhere in the world. Claims presented under the MCA
are adjudicated administratively, and there is no right to sue. The FTCA
provides a judicial remedy for matters not resolved at the claim stage.

B**.** The Military Services are authorized use of funds to transport
remains of all categories of deceased personnel to a specified burial
site only under provisions of 10 U.S.C., Section 127 as emergency and
extraordinary expenses.

1\. Military escorts are assigned to accompany the Military Service
members' remains. Military escorts can be authorized to accompany the
remains of Federal employees, private citizens, and foreign nationals.

2\. Funding for travel and lodging of family members can be covered
under provisions of 10 U.S.C., Section 127 as emergency and
extraordinary expenses.

C. Invitational Travel Orders (ITOs) must be issued to families of
private citizens and Federal employees in order for them to receive
travel allowances and lodging expenses. Legislative authority for the
use of appropriated funds would be required.

**Considerations:**

A. The existence of distinct claim procedures, compensation, and
financial benefits for various categories of survivors is not
necessarily discriminatory. For example:

1\. Military and Federal civilian family members may receive annuities
under a workers' compensation-type scheme, which is not available to
foreign nationals or private citizens.

2\. The survivors of U.S. civilians may be compensated for loss of love
and affection, but the NOK of military personnel and Federal employees
may not.

B. DoDD 4515.13-R, "Air Transportation Eligibility," establishes
criteria for military and DoD civilian passenger movement. It does not
specifically authorize private citizens and non-DoD Federal employees to
travel on DoD-controlled aircraft and vessels.

C. 5 U.S.C. 5703 authorizes private citizens who are serving without pay
to receive commercial transportation expenses and a per diem allowance
for lodging.

D. Use of appropriated funds for tragedy situations is the preferred
funding method. Civilian travel and lodging are expensive. Emergency and
extraordinary expense funds may not be available.

E. The "Aviation Disaster Family Assistance Act of 1996," that requires
(in part) commercial air carriers to assist the family of a passenger
traveling to the location of the accident and provide for the physical
care of the family while the family is staying at the location, does not
pertain to tragedies involving military aircraft.

**Recommendations:**

A. All Services should continue to implement the existing statutory
framework for claims, compensation, and financial benefits to various
categories of claimants (Military Services).

-   Before changes could be considered, DoD would have to evaluate the
    total benefits and compensation systems to determine if they are
    fair and equitable.

B. All Services should transport remains of Federal employees and
private citizens to burial sites and may provide travel, as deemed
appropriate under the specific circumstances, for families after a
tragedy for which a Service component was responsible (Military
Services).

C. When prudent and within resources, the Military Services should offer
military escorts to accompany civilian remains to burial sites (Military
Services).

D. DoD should explore various options, including changes to the JTR and
use of appropriated funds, to pay for travel, lodging, and per diem
expenses for surviving families members and escorts, as well as the
expense of transporting remains. Legislative authority for the use of
appropriated funds to provide these services should be obtained
(USD(P&R) and DoD(GC)).

**Issue 5:** There are no clear guidelines to provide short-term and
long-term counseling assistance to surviving family members.

**Findings:**

A. Family members of deceased active duty personnel are notified in
person by a casualty notification team that may include a military
officer or non-commissioned officer; social worker/mental health
counselor, and chaplain.

B. There are no uniform procedures or designated office for notifying
NOK of DoD civilians and Federal employees. Notification is generally
handled by the employee's supervisor, either telephonically or in
person.

C. Sometimes, family members require counseling during and after
notification of death, return of the deceased's body, and initial
memorial/funeral proceedings. These needs include crisis intervention,
I&R, and pastoral care.

D. The terms grief counseling and crisis intervention counseling are
sometimes used interchangeably; crisis intervention is the service DoD
generally provides.

E. DoD typically provides counselors to conduct crisis intervention
counseling to all categories of family members of tragedies at initial
memorial ceremonies and at group gatherings.

F. Normally those suffering from severe depression or adjustment
disorder stemming from unresolved grief are referred for therapy.

G. Surviving family members of active duty personnel who require grief
counseling are often referred to community mental health practitioners
under CHAMPUS, TRICARE, or private insurance companies for short and/or
long-term assistance on a cost share basis.

H. By statute, medical services within Medical Treatment Facilities
(MTFs) are available only for certain specific categories of
beneficiaries. Private citizens outside of these specific categories are
not eligible for care in the MTF.

I. Installation Family Centers serve as the focal point for all
community resource I&R for military families. For surviving military
family members, Family Centers can provide crisis intervention and I&R
to community organizations to develop adequate coping skills.

**Considerations:**

A. In the aftermath of the CT-43 tragedy, some families requested that
the military either provide or pay for long-term grief counseling for
family members.

B. There are currently no provisions to pay for short-term or long-term
grief counseling for other than active duty personnel. However, DoD does
provide I&R to military family members.

C. There are various organizations and state/county mental health
clinics that will provide financial assistance or gratis services to
families who need grief counseling.

**Recommendations:**

A. Services should develop policy for extending I&R services for grief
counseling to family members of Federal employees and private citizens
in casualty situations. I&R services will include assessment of the

problem, referral to and linkage with providers, and initial follow-up
with the family (Military Services).

B. When determined appropriate, DoD as the sponsoring agency may provide
reasonable compensation for crisis intervention services provided by
designated non-profit organizations and should coordinate reimbursement
for these services with the agencies involved (Military Services).

C. As an exception to normal practice, the sponsoring agency or
responsible military Service may pay for, or make arrangements for,
financially needy families to receive grief counseling (Military
Services and Sponsoring Agency).

D. Legislative authority for the use of appropriated funds to provide
these services should be obtained (USD(P&R) and DoD(GC)).

**Issue 6:** Family members desire to receive information about
disciplinary actions imposed after a tragedy.

**Findings:**

A. After any tragedy, some surviving family members will have an intense
interest in any disciplinary actions taken by military commanders
against those who may be determined to be responsible parties. There are
several laws that impact decisions on release of information to families
of tragedy victims.

B.  The Privacy Act prohibits release of information from records
    systems that contain personal data concerning the subjects of those
    records, unless the subject consents or an exception of the Privacy
    Act applies.

C.  Courts-martial are public proceedings. When a service member is
    charged, the charges can be released, and the result is a matter of
    public record.

D. Records of administrative disciplinary actions, e.g., records of
nonjudicial punishment under Article 15 of the Uniform Code of Military
Justice, reprimands, admonitions, and counseling, are not matters of
public record. They are subject to Privacy Act restrictions as they
become part of the records systems covered by the Act. One of the
Privacy Act exceptions allows release of information when the public
interest in information from an individual's personnel record or a
matter to which the record relates outweighs the individual's right to
privacy. This determination must be made on a case-by-case basis using
several factors (see D below in Considerations).

**Considerations:**

A. Military commanders should evaluate all the facts and circumstances
to determine whether, and to what degree, members of the command should
be considered accountable for accidents.

B. The Victim and Witness Protection Act, which requires that all
Federal law enforcers give appropriate deference to "victims of crime"
in reaching prosecutorial decisions and to keep them informed about the
progress of investigations, prosecutions, incarcerations and release of
prisoners, may provide a framework for providing information to
families.

C. The Commander's decisions directly impact military safety programs,
morale and discipline, and public confidence in the Military Services.
Prompt and professional completion of the investigation and any
necessary remedial action also serve to address family member concerns
regarding accountability. Military commanders may hold individuals
accountable by taking appropriate administrative and/or disciplinary
actions. An appropriate explanation of actions taken must be made
available to interested parties in as timely a manner as possible.

D. Under the provisions of the Privacy Act, several factors must be
considered in determining whether information about an individual's
responsibility for a tragedy, and any administrative or disciplinary
action, should be released:

1\. Public interest in the information, including the degree of media
interest

2\. Military grade or civilian grade of the responsible official

3\. Relationship of the misconduct to the individual's official duties

4\. Privacy interest in the information sought

5\. Whether allegations against the individual were substantiated or not

E. Proposed or pending administrative or disciplinary actions should not
be released prematurely.

**Recommendation:**

When appropriate, senior officials should notify families of decisions
made concerning specific administrative or disciplinary actions prior to
making that information public through a news release (Military
Services).

**Issue 7:** Life insurance coverage is not uniformly applied to all
applicable travelers on DoD transportation.

**Findings**:

A. The Federal government charge card's business travel accident
insurance (which provides automatic, no charge "door-to-door" accidental
death and dismemberment coverage when transportation expenses are
charged to the government card) has an exclusion clause that denies
benefits to survivors under several conditions including the following
conditions:

1\. Travel into hazardous worksites, i.e., underwater, mines,
construction sites, oil rigs, etc.;

2\. Participation in any military, police or firefighting activity;

3\. Flying in military aircraft other than those operated by Air
Mobility Command.

B. Life insurance policies from other vendors may contain similar
exclusions from coverage.

C. DoD frequently transports civilian employees and invited guests in
all types of aircraft (not just those assigned to or operated by Air
Mobility Command), vehicles, and vessels.

**Considerations**:

A. Travelers using the government charge card are not informed of
exclusions in advance of travel.

B. Insured risks and exclusions are proper matters for negotiation when
the government chooses its charge card contractor.

**Recommendations:**

A. Travelers using the government charge card should be informed of
insurance exclusions in advance of travel (Military Services and
Sponsoring Agency).

B. DoD should ensure that the General Services Administration ascertain
whether the government charge card contractor will amend its policy to
cover travelers being transported on all military aircraft (USD(C)).

C. DoD should ensure that the General Services Administration negotiate
removal of the military aircraft exclusions to life insurance coverage
when negotiating future government charge card contracts (USD(C)).

D. Except where impracticable due to combat, emergency, or other
operational constraint, DoD should develop procedures to disclose, in
advance of providing transportation on military conveyances, the
possibility that the travelers' life insurance coverage might not extend
to travel on military conveyances (USD(P&R)).

E. DoD should explore using existing Federal publications that delineate
the benefits available to passengers and their family members in the
event the passenger is injured or killed while traveling on military
aircraft (USD(P&R)).

F. DoD General Counsel should ensure that the Department of Justice
informs the life insurance industry trade representatives that the
exclusion in question may be based upon a misunderstanding or lack of
knowledge concerning use of the military transport system (DoD(GC)).

**SUMMARY**

There are many actions that could be taken to respond to tragedy
situations that are not contained in this Report. The intent was to
focus on those issues and solutions that fit the typical tragedy
scenario. However, this document can be used as a benchmark to build
additional information and service support networks to fit unique
situations.

Executing recommendations to the seven issues identified in this report
will ensure that the DoD and other Federal agencies have a uniform
response plan that treats all families in distress with dignity,
sensitivity, and compassion. This plan will eliminate the perception
that some deaths are treated differently than others. For the first
time, there will be written uniform guidelines on how to work with
family members of Federal employees and private citizens.

The Appendix contains excellent information on the CT-43 Tragedy -
Lessons Learned (Appendix 3), The Aviation Disaster Family Assistance
Act of 1996 (Appendix 5), and the Department of Transportation Working
Group (Appendix 6). Each of these documents contains information that
may influence the manner in which we respond to future tragedies. Those
designated as points of contact can use the contents to coordinate and
control the flow of information during and after a tragedy.
Specifically, the importance of briefing teams and the Operations Center
should not be overlooked. The flow of information, both up and down, is
key to being responsive to the families' needs. We are working with the
National Transportation Safety Board and Department of Transportation to
provide input and assistance in crafting responses to the White House
directives. Our goal is to develop realistic and clear policy guidance
based on factual knowledge, resources, and appropriate level of
responsibility to meet the needs of grieving families.

This Report represents the combined efforts of personnel from the
Departments of Defense, Transportation, State, Commerce, and Coast
Guard. Many thanks to all who contributed their time and talents to
craft this document. It will serve as a model in building the Department
of Defense Uniform Response Plan to aviation and other tragedies.

**APPENDIX 1**