Army in Europe Retiree Bulletin
| United States Army, Europe | Veterans Affairs |
| Defense Finance Accounting Services | Social Security Administration |
| National Personnel Records Center | Medals And Certificates |
United States Army, Europe
Power of Attorney:
By Sgt. 1st Class Kathleen T. Rhem, USA
American Forces Press Service
WASHINGTON,
Sept. 19, 2001 -- There are many occasions during the course of a military career that a power of attorney might be
necessary. But, legal experts caution, do your homework before granting one to somebody.
Typically, service members will need a power of attorney when they may be deploying or going overseas
and leaving their loved ones behind to handle the affairs of the household," Navy Lt. Joan Malik said.
Malik is a legal assistance attorney in the Pentagon's Joint Service Legal Assistance Office.
There are two basic types of power of attorney, special and general. A general power of attorney basically gives the
person who holds it the power to conduct business in your name, Malik said.
Service members can grant a special power of attorney, which spells out the specific ways it can be used. She said the more
specific a power of attorney is the better. This prevents people from using it for purposes other than those the
service member intended.
Don't give a general power of attorney to someone you don't trust wholeheartedly," she said. Base legal assistance
attorneys can help service members determine which type of power of attorney will best meet their needs.
Service members commonly need to issue powers of attorney when they change assignments. They often leave their spouses behind to
sell cars, move out of government quarters and myriad other things. Those spouses often need legal authorization to
conduct the necessary business.
Service members may also need a power of attorney to provide the person caring for their dependent children during a deployment
or exercise. Caregivers may need a power of attorney to enroll children in school or other activities, Malik said. Caregivers
would particularly need a power of attorney to authorize medical treatment if a child needs it, she said.
Medical powers of attorney are used if a person becomes incapacitated and someone else needs to make medical
decisions. "This document designates who you want to speak on your behalf regarding your care," Malik said.
She suggested sitting down with the person who holds your power of attorney to make sure they understand your wishes
in different circumstances.
Generally, Malik explained, powers of attorney are granted for one year. She said a member can revoke a power of attorney in
two ways if circumstances change.
The first and simpler is to physically destroy the original document, Malik said.
The second is to write a letter of revocation, have it notarized and send a copy to the person holding the power of attorney.
It's best to also send a copy of the revocation to places where the person is likely to use the power of attorney,
such as banks or moving companies.
Military service members and their families can have powers of attorney drawn up and notarized at most base legal assistance
offices. Malik recommended troops call their legal assistance office if they have any questions about powers of attorney.
Military ID Cards:
ID Card Mail-in procedures for retirees and their family member who have no access to a military facility, are physically
handicapped, are hospitalized/bedridden, or have no means of transportation.
Procedures: send a 8x10” portrait from the shoulders up, on the back of the picture include hair and eye color, height and
weight, and have it notarized. Provide a copy of Retirement Orders or DD Form 214, current mailing address and telephone
number, and if a spouse needs an ID Card, include a marriage certificate. Surviving spouses of retirees who
were receiving retired pay should also include the sponsor’s death certificate.
Send the required information/documents by certified/registered mail to the nearest ID Card Issuing Facility. The facility
will be in contact with you as they process your ID card.
ID Card Issuance for 100-Percent Disabled:
Members entitled to retired pay versus honorably discharged veterans rated 100-percent disabled by the Department of
Veterans Affairs:
Retirees are entitled to DD Form 2 retired only. Retirees are not authorized the DD Form 2765 (Department of
Defense/Uniformed Services Identification and Privilege Card).
Honorably “discharged” veterans (not entitled to retired pay) are entitled to DD Form 2765 (reflecting eligibility to
commissary, exchange and MWR privileges only). A letter from DVA must certify veteran’s entitlements, although, if the letter
indicates the veteran has been awarded 100-percent disability compensation based upon unemployability are NOT acceptable.
Privileges in foreign countries are governed by agreements between the host country and the United States Government;
therefore, retirees visiting or residing in these countries are subject to laws and taxes as prescribed by the host nation.
Military Funeral Honors:
As of January 01, 2000, all eligible veterans are entitled to military funeral honors. The family can expect folding of
the flag, flag presentation, and playing of taps.
Who is eligible?
Military members on active duty or in the selected reserve. Former military member who served on active duty, departed
under conditions other than dishonorable, and completed at least one term of enlistment.
Who to contact in Europe:
In the event a retiree dies the family contacts their local Base Support Battalion (BSB) Adjutant’s Office. The
BSB will then appoint a Casualty Assistance Officer (CAO). The family will inform the CAO if they want a military
funeral, flag, etc.
Military Funeral Honors Website
Status Of Forces Agreement (SOFA):
Status of Forces Agreement (SOFA) is terminated once your dependent turns 21 unless he/she is enrolled in higher education
or affiliated with the United States Forces in Europe through full-time employment.
Dependents without a SOFA can remain in Germany for up to 90 days as tourists or until a visa is obtained.
Understanding the TFC and ID Card Tricare For Life and ID Card Process:
Are you confused about TRICARE For Life (TFL) and whether you need to update your Uniformed Services Identification (ID) Card to use the program? Do you want to know the difference between updating your Defense Enrollment Eligibility Reporting System (DEERS) record and obtaining a new ID card? Do you want to know why the back of your ID card reads "Civilian No" and your friend or family member's reads "Civilian Yes?" If your answer to any of these questions is yes, then click on News Releases for answers.
Death Abroad:
The State Department maintains a Citizens Emergency Center, which is staffed continuously to assist in escalating
procedures necessary when a death occurs overseas.
Local laws, customs, and facilities within the foreign country where death occurs must be followed.
Assistance only is the function of the American embassy or consular office. No State Department or embassy
funds are available to assist in cost involved at the local level or return to the states of remains or ashes of an
American citizen who dies abroad. Space-A travel may be an option for the remains of military retirees and
their eligible family members.
If requested or required, the center will, in additional to locating next of kin, provide guidance on arrangement
for burial abroad or return of remains to the United States. The family's instructions and necessary funds to cover
the cost accrued abroad can be relayed through the center ar the embassy or consular office. When the remains
are returned stateside, the next of kin or specified funeral home will be informed in advance by the center of the
scheduled date, time of arrival, and carrier data.
Stateside family members can contact the State Department Citizens Emergency Center for assistance at (202) 647-5225 between
8:15 a.m. and 10 p.m. EST Monday through Friday. Weekends and holidays call (202) 635-3600 and ask for the overseas
citizens services duty officer.
Source: TROA "A guide to military-oriented burials"
Transportation of Remains
In accordance to the Statutory Ordinance of the State Ministry for Social Matters for the Implementation of the Burial Law (see note below for German title), the Mortuary Transit Permit (Sections 44 and 45, Burial Law) must contain the following information:
-
Name and First Name of the Deceased Person,
-
Date of Birth and Place of Birth,
-
Date of Death and Place of Death,
-
Means of Transportation,
-
Place of Departure, Route of Transportation and Destination.
If the remains are to be transported out of country, the mortuary transit permit must contain the following statement:
The transportation of these remains having been properly authorized, all countries in which the transport will take place are requested to permit free and unimpaired passage." This statement and any other text added for better understanding should also be made out in English and in French.
Note: Rechtsverordnung des Sozialministeriums zur Durchfuehrung des Bestattungsgesetzes (Bestattungsverordnung - Bestatt VO)
Overseas Cemeteries
The American Battle Monuments Commission (ABMC), an independent agency of the government's executive branch, is responsible for administering and maintaining cemeteries and monuments honoring United States war dead who are buried overseas. The commission administers, operates, and maintains 24 permanent American military burial grounds, 15 separate monuments, and four memorials in 12 countries.
No additional burials may be made in ABMC cemeteries, except the remains of war dead found on former battlefields.
Source: TROA
Veterans Affairs
Student Verification of Enrollment:
Students have new ways to verify their enrollment. Two new systems are in place: telephone system using Interactive Voice Response (IVR) and internet program called WAVE (Web Automated Verification of Enrollment). The systems can be accessed 24 hours a day without speaking to a case manager. Dial 1-877-823-2378 to access IVR and follow the instructions provided. WAVE website. On-line instructions are provided. Once you are informed that you are certified you do not have to return the Student Verification of Enrollment (VA Form 22-8979).
ProstateCancer:
Prostate cancer is now considered service connected for military members who served anywhere in Vietnam. If the military member is deceased, the spouse is entitled to dependency and indemnity compensation. All claims and inquiries should be made with the VA o
Purple Heart Recipients:
Purple Heart recipients do not have to pay the co-payment, except for prescription co-payments unless otherwise exempted by inclusion in the low-income exemption criteria. P.L. 106-117.
Headstones and Burial Stipend:
There is no reimbursement for headstones, but the VA can provide a government headstone at no cost and ship it free of charge to the cemetery.
VA pays a burial stipend in the amount of $300 for burial services and $150 for internment if the veteran was in receipt of VA Compensation or VA non-service connected Pension at the time of death.
The Gramm/Rudman Act precludes reimbursement for headstones, which is the congressional budget balancing act passed by congress in the early 90's.
All applications should be mailed to the nearest VA Regional Office. View the VA Burial Benefits Web site for additional information. Applications are also available on the
Presidential Memorial Certificate:
A Presidential Memorial Certificate honoring the memory of an honorably discharged deceased veteran may be obtained by providing a copy of the veteran's discharge document to any VA Regional Office or by writing to:
Memorial Programs Service (403A)
National Cemetery System
U.S. Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420.
Defense Finance Accounting Service
1099-R Reissue and Correction Requests:
The 1099-R is system generated. DFAS will not fax a copy of the 1099-R upon request, but will prompt the system to generate a letter. Send written or faxed requests to the following address (Phone call requests unacceptable):
Retirees and former spouses: Get Address
Annuitants: Get Address
Survivor Benefit Plan:
Termination: the one-year clock for terminating SBP coverage is adjusted by the date of retirement. Retirees (with spouse’s concurrence) can terminate the coverage between the 25th and 36th month after the start of retired pay. DD Form 2656-2 must be filled out in order to terminate SBP coverage.
Former Spouses: all correspondence relating to Former Spouse SBP coverage must be filed with DFAS-CL within a year of the divorce date in order to be valid, P.L. 98-525. Former spouse can submit a written request deeming the SBP election (ex. “I was awarded the SBP election in my divorce decree. I would like to deem the election.”) or complete the DD Form 2656-1. Include in the request the divorce decree, retiree’s name and social security number.
Send request to:
DFAS-Cleveland Center
ATTN: Code FR
PO Box 99191
Cleveland, OH 44199-1126
Garnishment Operations Facsimile (FAX) Information:
Fax Phone Number: Commercial (216) 522-6960 or DSN 580-6960.
In improving the processes in the Garnishment Operations we are now using a fax gateway directly into our Electronic Document
Management System. To ensure your document is processed in a timely and efficient manner you must include the following information on the fax document and follow the additional guidance provided:
- Member/Employee Social Security Number (SSN) - Court Orders/Documents will not be processed if the SSN is not on the document.
- Return Phone Number.
- Return Fax Number.
- Ensure original documents are clear and legible.
- In each fax transmission, include only correspondence for one member or employee (if you have multiple documents for one member, they can be sent on one fax transmission).
Former Spouses' Protection Act
The Uniformed Services Former Spouses' Protection Act (the Act), 10 U.S.C. 1408, recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse) and provides a method of enforcing these orders through the Department of Defense. The Act itself does not provide for an automatic entitlement to a portion of the member's retired pay to a former spouse. A former spouse must have been awarded a portion of a member's military retired pay as property in their final decree of divorce, dissolution, annulment, or legal separation (the court order). The Act also provides a method of enforcing current child support and/or arrears and current alimony awarded in the court order.
Court orders enforceable under the Act include final decrees of divorce, dissolution, annulment, and legal separation, and court-ordered property settlements incident to such decrees. The pertinent court order must provide for the payment of child support, alimony, or retired pay as property, to a spouse/former spouse. Retired pay as property awards must provide for the payment of an amount expressed in dollars or as a percentage of disposable retired pay (gross retired pay less allowable deductions). An award of a percentage of a member's retired pay is automatically construed under the Act as a percentage of disposable retired pay. A Qualified Domestic Relations Order is not required to divide retired pay as long as the former spouse's award is set forth in the pertinent court order.
The maximum that can be paid to a former spouse under the Act is fifty percent (50%) of a member's disposable retired pay. In cases where there are payments both under the Act and pursuant to a garnishment for child support or alimony under 42 U.S.C. 659, the total amount payable cannot exceed sixty-five percent (65%) of the member's disposable retired pay. The right to payments under the Act terminates upon the death of the member or former spouse, unless the applicable court order provides that the payments terminate earlier.
In order to apply for payments under the Act, a completed application form (DD Form 2293) signed by a former spouse together with a certified copy of the applicable court order certified by the clerk of court within 90 days immediately preceding its service on this Center should be served either personally or by facsimile or by mail, upon the:
The application form should state which awards the former spouse is seeking to enforce under the Act (i.e., alimony, child support, and/or division of retired pay as property). If the application does not contain this information, then only awards of retired pay, as property will be enforced under the Act. A former spouse should also indicate the priority of the awards to be enforced in case there is not sufficient disposable retired pay to cover multiple awards.
The court order should contain sufficient information for us to determine whether the SSCRA, and the Act's jurisdictional and 10/10 requirements (if applicable), have been met. If we cannot determine the parties' marriage date from the court order, then the former spouse must submit a photocopy of their marriage certificate. If the former spouse is requesting child support, and the court order does not contain the birth dates of the children, the former spouse must provide photocopies of their birth certificates.
If the requirements of the Act have been met, payments to a former spouse must begin no later than 90 days after the date of effective service of a complete application. If the member has not yet retired at the time the former spouse submits his or her application, payments must begin no later than 90 days after the date on which the member first becomes entitled to receive retired pay.
Court orders awarding a portion of military retired pay as property that were issued prior to June 26, 1981, can be honored if the requirements of the Act are met. However, amendments issued after June 25, 1981, to court orders issued prior to June 26, 1981, which were silent as to providing for a division of retired pay as property, cannot be enforced under the Act. Also, for court orders issued prior to November 14, 1986, if any portion of a member's military retired pay is based on disability retired pay, the orders are unenforceable under the Act.
Section 1408(h) of the Act provides benefits to former spouses who are victims of abuse by members who, as a result of the abuse of a spouse or dependent child, lose the right to retired pay after becoming retirement eligible. A former spouse may only enforce an order dividing retired pay as property under this Section, and all of the other requirements of the Act must be satisfied. The right to payments under this Section terminates upon the remarriage of the former spouse, or upon the death of either party.
Death Certificate
In accordance with the Department of Defense Financial Management Regulation, Vol. 7B, Military Pay Policy and Procedures for Retired Pay, 70115b, states, "Death Gratuity is not payable to a beneficiary or survivor who kills a retired member, unless there is evidence which clearly absolves such beneficiary or survivor of any felonious intent." In this regard, if the cause of death is not reflected or known it will have to be confirmed.
Arrears of Pay or Survivor Benefit Plan (SBP) cannot be paid without a cause of death (to ascertain the member's death was NOT a homicide). A Medical Examiner's report, Coroner's report, or Medical Doctor's statement can serve to verify the cause of death. A death certificate must contain the following: date of death, cause of death, and a certified English translation.
Arrears of Pay referenced is the unpaid portion of Retired Pay that would be payable to the designated beneficiaries from the 1st day of the month through the day of the month in which the retired member died. For example: if the member died on 19 January 2001, the designated beneficiaries are entitled to 19 days Arrears of Pay for the month of January 2001.
Social Security Administration
Locating A Beneficiary Through SSA:
Write a letter to the person whom you would like to send the letter to in an unsealed envelope. A cover letter should accompany the letter which explains the purpose for contacting the person. Provided the Social Security Administration (SSA) deems the request valid and that they have an address on file, they will then forward the letter to the person.
Send the request to:
Social Security Administration
Claims Development Module
(Freedom of Information Act)
P.O. Box 17775
Baltimore, MD 21235-7775
Please provide full name, date of birth, place of birth and parents’ name (if known), and social security number.
This process takes 3 to 6 months. SSA will not notify you if the correspondence was forwarded.
Lump Sum Death Payment
A lump-sum death benefit of $255 may be paid upon the death of a person who has worked long enough to be insured under the Social Security program. The lump-sum death benefit can be paid upon the death of the insured person even if they were not receiving retirement or disability benefits at the time of death.
This payment is limited to a spouse who was living with the worker at the time of death or to a spouse or a child who, in the month of death, is eligible for a Social Security benefit based on the worker's record. If no spouse or child meeting these requirements exists, then the lump-sum death payment will not be paid.
The lump-sum death payment can no longer be paid to funeral homes for funeral expenses.
The followings forms need to be completed in order to receive the benefit: SSA-8 and SSA-21. Forms available at the Social Security Administration Web site.
For applicants living in Germany mail request to the following address (if not living in Germany then mail the
application to the nearest SSA Office):
| Amerikanisches Generalkonsulat | American Consulate General |
| FBU | FBU |
| Siesmayerstr. 21 | PSC 115 |
| 60323 Frankfurt am Main | APO AE 09213-0115 |
Benefits for Former Spouse and Surviving Spouse:
In order to get surviving spouse's Social Security benefits, the surviving spouse must be age 60 and should file for benefits approximately 3 to 4 months prior to age 60. If the surviving spouse was divorced from the worker, they must have been married for at least 10 years and the surviving spouse must not be remarried, or remarried after attaining age 60.
If the surviving spouse has not reached full retirement age and is still working and has foreign earned income, he/she is only allowed to work up to 45 hours per month, regardless of earnings, and able to collect surviving spouse's benefits (for months in which he/she works over 45 hours, no SSA surviving spouse benefit is payable).
If he/she has U.S. Social Security covered earnings, he/she may make up to US $10,680.- per year (yearly earnings test) and still collect surviving spouse's benefit (for each 2nd Dollar above the limit, one Dollar will be withheld from monthly SSA surviving spouse benefit). During the first year of being entitled to SSA surviving spouse benefits the monthly earnings test applies. He/She can make up to $890 per month and still collect SSA surviving spouse benefit; however, for the months in which he/she makes over $ 890 he/she cannot be paid.
If the surviving spouse is disabled and cannot work because of a disability, the surviving spouse may apply for a disabled surviving spouse's benefit/surviving divorced spouse benefit, as of age 50, if the disability onset occurred within 7 years after the worker's death.
In any case the following forms are required: SSA-10 and SSA-21 (Additional forms may be required, depending on the surviving spouse's situation and the worker's record).
It is suggested that the surviving spouse contact Social Security Administration directly so that the request is
processed according to surviving spouse's situation.
Social Security Administration Web Site
Direct Deposit:
If it is German direct deposit with a German bank, a statement from the surviving spouse of the Bankleitzahl and account number is sufficient. Contact the nearest SSA Office for guidance on requesting direct deposit.
If it is a US direct deposit with a US bank, please complete the following form: SF 1199A.
Some countries where direct deposit and other forms of electronic payments are available include Anguilla, Antigua & Barbuda, Argentina, Australia, Austria, Bahamas Islands, Barbados, Belgium, Canada, British Virgin Islands, Cayman Islands, Cyprus, Denmark, Finland, France, Germany, Grenada, Hong Kong, Ireland, Italy, Jamaica, Malta, Netherlands, Netherlands Antilles, New Zealand, Norway, Portugal, St. Lucia, St. Vincent & the Grenadines, South Africa, Spain, Sweden, Switzerland, Trinidad & Tobago and the United Kingdom.
Phone listing for Social Security Administration, Frankfurt Consulate:
Last Name Phone Number Extension
A-Bud..............069-7535................2379
Bue-Doj.........................................2421
Dog-Frok.......................................2327
Froh-Gror......................................2245
Gros-Hei.......................................2495
Hej-Kloq.......................................2389
Klor-Ma.........................................2392
Mb-Pit...........................................2384
Piu-Schneh....................................2383
Schnei-Too....................................2388
Top-Z............................................2326
Due to large number of calls received daily, SSA requests that when you are put on hold do not hang-up and redial, because the lines get backed up.
Divorced Wives Don't Sign Away Social Security:
Sometimes the laws and legal papers seem to contradict one another. Such was the case with Anne when she signed divorce papers that included a clause to relinquish her rights to her ex-husband's Social Security benefits. But the Social Security clause the lawyers added to her divorce papers isn't worth the paper it's printed on. In a case like this, federal law overrides any legal paperwork from the lawyers. And according to Social Security law, Anne is entitled to benefits on her ex-husband's record since she was married to him for more than 10 years and she didn't remarry. Anne gets the same amount she would get if she were still married to him -- up to half of his benefit amount while he's still alive and possibly all of it when he dies. And any amount she gets does not affect the amounts due her ex-husband or his current wife. For more information, see our online publication, What Every Woman Should Know.
Fraud Hotline:
Social Security's fraud hotline handles allegations regarding violations of law or regulations, such as making false statements on claims concealment of facts or events affecting someone's eligibility for benefits, misuse of benefits by a representative payee, or misuse of a Social Security number.
To process an allegation of fraud, the Office of the Inspector General needs as much identifying information as possible regarding the individual you are reporting, such as his or her name, social security number, date of birth, address and phone number.
Social Security Fraud Hotline
P.O. Box 17768
Baltimore, MD 21235
Tel. 1-800-269-0271
Fax (410) 597-0118
Send e-mail
National Personnel Records Center
Lost Records Due to Fire:
The National Personnel Records Center (NPRC) in St. Louis had a fire on July 12, 1973. About 80 percent of Army personnel records between November 01, 1912, and January 01, 1960 were destroyed. It has not been determined ‘exactly’ which records were destroyed, because the records were not indexed, they were filed alphabetically. If you learned that your records are lost, it can be reconstructed by providing copies of documents on hand or give your full name used during military service, place of entry into the service , branch of service, last unit of assignment, service number or social security number, and dates of service.
MEDALS
Korean War Service Medal:
You are eligible for the Korean War Service Medal if you served within the territorial limits of Korea or on temporary duty for 30 consecutive days or 60 non-consecutive days between 25 June 1950 and 27 July 1953. The Air Force is the designated agency to receive the requests and supply the medals. Next of kin to eligible deceased veterans can also apply for the medal.
Required document: DD Form 214 or corrected version DD Form 215 showing service in Korea.
Send request to:
HQ AFPC/DPPRA
550 C Street West, Suite 12
Randolph Air Force Base, Texas 78150-4714
Air Force Recognition Programs
Certificates
Cold War Certificates:
Veterans and federal government employees who served during the Cold War era, September 02, 1945 to December 26, 1991, are eligible for a Certificate of Recognition signed by the Secretary of Defense. Send a letter and a copy of any government or military document (i.e. DD Form 214) to:
Cold War Recognition
4035 Ridge Top Road Suite 400
Fairfax, VA 22030
*Do not send original documents.
*This takes about four months.
Vital Records Services (Birth and Death Certificate Requests):
VitalChek is America’s #1 source for the remote ordering of birth certificates and other vital records.
Vital Record Services -- The benchmark of VitalChek’s business operations has always been and continues to be our ability
to link Americans with the state, county or city agencies which house their personal vital records -- specifically,
certified copies of birth, death, marriage and divorce certificates. With over 250 network affiliates nationwide,
VitalChek represents the fastest and largest supplier of certified vital records in the country.
We help provide for the expedited delivery of over 25,000 certified vital record documents on a weekly basis, as well
as providing for their method of payment (fees vary). VitalChek now provides service in 49 of the 50 states as well as British
Columbia, Canada.
