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To provide United States Department of Defense (DoD) policy for handling requests by next
of kin for the return of artifacts associated with the US Government's (USG)
efforts to achieve the fullest possible accounting of American service members.
This policy pertains to requests by next of kin for artifacts that have been
recovered by the USG to include personal effects (PE), USG issued equipment,
aircraft wreckage, weapons or ammunition, and unidentifiable artifacts. In
cases where artifacts are possessed by a foreign government or foreign
national, the USG will not become directly involved in attempts by next of kin
to gain possession in cases for other than Prisoners of War (POW). Requests
shall be made by the person eligible to receive personal effects (Title 10
United States Code) and, in the case of all other artifacts, the primary next
of kin. Requests by other next of kin must be accompanied by written permission
of the primary next of kin. All USG communication with next of kin involving
such requests will be conducted through service casualty offices and/or service
mortuary affairs offices, as appropriate.
The DoD policy for handling next of kin requests for artifacts is as Follows:
1. Artifacts Possessed by DoD:
The Department of Defense will turn over PE (which is identifiable to a specific
individual) to requesting next of kin when such items are no longer required
for investigative work by the United States Army Central Identification
Laboratory, Hawaii; the Joint Task Force Full Accounting; the Life Sciences
Equipment Laboratory, San Antonio Texas; and/or other appropriate agencies
involved in the identification/case resolution process. In requests for PE, the
appropriate service will determine the person eligible to receive effects as
set forth in Title 10 United States Code. All other artifacts shall be retained
by DoD; however, artifacts of USG issued equipment that are inherently personal
in nature which are judged safe and not detrimental to health and are obsolete,
damaged, deemed no longer useable, do not require demilitarization, and no
longer required for identification/case resolution, investigation, training or
education may be released to the primary next of kin or other requesting next
of kin with written permission of primary next of kin.Personal
effects/issued equipment provided to the next of kin in good faith by the USG
may have been exposed to hazardous contamination as a result of the loss
incident or from natural environmental and equipment deterioration/wartime
exposures which may constitute a long term health risk. The USG urges caution
in their extended handling and storage. They are provided under the assurance
that provisional inspection and/or USG laboratory examinations have not
detected any obvious hazardous material contamination, but complete
verification is not possible in their existing configuration. Furthermore, to
conduct such an extensive level of testing would probably destroy the basic
structural integrity of the items, or appreciably alter their existing
appearance. Aircraft wreckage, weapons and/or ammunition or parts thereof,
including items on the US Munitions List (22 CFR 121) and/or requiring
demilitarization, and all unidentifiable artifacts will remain in the
possession of the DoD.
2. Artifacts Possessed by Foreign Governments:
If the unaccounted for member was a POW, at the request of the next of kin the USG
will request the government in possession to return those personal
effects as defined by the Geneva Convention Relative to the Treatment of
Prisoners of War (Articles XVII, XVIII, and LXVIII) and Protection of
Civilian Persons in Time of War (Article XCVII). Personal Effects possessed by
foreign governments subsequent to loss incidents where
a service member never became a POW are legally considered spoils of war.
Families must be made aware that there is no requirement for foreign
governments to honor their requests for the return of these effects. In such
cases, DoD cannot provide direct assistance on behalf of next of kin but will
assist indirectly by forwarding requests to foreign governments on behalf of
next of kin via appropriate government channels. DoD will offer the next of kin
assistance in translating written correspondence to and/or from the foreign
government(s). The Department of Defense cannot provide assistance to next of
kin who are attempting to obtain artifacts of a non-personal nature that are
associated with American service members from a foreign government. An
explanation of the DoD position for no direct involvement in the request will
be included in correspondence to the next of kin.
3. Artifacts Possessed by Foreign Nationals:
The Departmentof Defense cannot provide direct assistance on behalf of next of kin for
requests of PE in the possession of individual foreign nationals. DoD
will assist indirectly, however, by providing to the requesting next of kin
available unclassified information regarding the location and/or
address of foreign nationals who may be in possession of artifacts so that a
personal request for return of the artifact(s) can be made. DoD will offer
assistance in translating written correspondence to and/or from foreign
national(s). The Department of Defense also cannot provide assistance to next
of kin who are attempting to obtain from a foreign national artifacts of a
non-personal nature that are associated with unaccounted for Americans.
An explanation of DoD’s position for no direct involvement in the request will
be included in correspondence to the next of kin.
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