32 CFR § 161.23 - Procedures.

§ 161.23 Procedures.

(a) Eligibility documentation -

(1) Basic requirements.

(i) ID card applicants must provide documentation as initial verification of eligibility for benefits or as proof of relationship to the sponsor. The sponsor is the prime beneficiary who derives eligibility based on individual status rather than dependence upon or relationship to another person, in accordance with § 161.7(a). When possible, DEERS records will be established and updated by authoritative data feeds.

(ii) An individual's DEERS record is established through the in-person presentation of identity documentation and, in some cases, eligibility documentation. Documentation verifying an ID card applicant's identity is always required in accordance with § 161.7(d)(1). Eligibility documentation may also be required to update a DEERS record to reflect a change in benefits or status.

(A) Identity and eligibility documentation is reviewed for authenticity by a RAPIDS verifying official (VO) and incorporated into the individual's DEERS record as necessary.

(B) The sponsor or DoD beneficiary must provide documentation to establish or terminate the relationship to a dependent within 30 days of the change.

(C) The VO ensures that the DD Form 1172-2 is signed by the sponsor.

(1) If the sponsor refuses to sign or is physically unable to sign the application, the VO verifies that the dependency between the sponsor and dependent exists and includes reasons why the sponsor is not able to or will not sign the application on the DD Form 1172-2. The VO then signs in the sponsor signature block and in the verifier's block.

(2) If the sponsor is deceased, the DoD beneficiary signs on the beneficiary's own behalf or on behalf of the surviving dependent.

(D) A VO may request additional documentation if there is any question of the authenticity of those presented.

(iii) Eligible individuals presenting eligibility documentation not listed in this subpart must have the responsible uniformed service Judge Advocate General or local Staff Judge Advocate (SJA) review and verify the documentation. A written Judge Advocate General or SJA opinion may need to be submitted at ID card issuance, verifying the documentation's use for DEERS enrollment.

(2) Documentation standards -

(i) Certified documentation. All documentation must be an original or certified document.

(ii) Foreign documentation. Additional requirements are applied toward the verification of foreign eligibility documentation submitted to support enrollment of a dependent, including:

(A) A full English language translation, which the translator has certified as complete and accurate, and the translator's certification of competency to translate from the foreign language into English, in accordance with 8 CFR 103.2(b)(3). Translation must be provided by a translator other than the individual presenting the document.

(B) A written Judge Advocate General or local SJA opinion confirming use of the eligibility documentation, if the uniformed service member is stationed overseas.

(C) Documentation that attests to the genuineness of the signature and seal, or the position of the foreign official who executed, issued, or certified the foreign documentation being presented to substantiate the dependency relationship to the sponsor.

(1) An accompanying original apostille (i.e., certification) from a higher-level authority in the foreign country of issuance, for eligibility documents from countries that have adopted the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, October 5, 1961 (copies may be obtained from the Internet at https://www.hcch.net/en/instruments/conventions/full-text/?cid=41). Sponsors should contact their SJA for information on how to obtain an apostille from a member nation; or

(2) An accompanying original certificate of authentication by a U.S. Consular Officer in the foreign country of issuance, for eligibility documents from all other foreign nations. Sponsors should contact their SJA for information on how to request issuance of certificate(s) of authentication from a U.S. Consular official.

(b) Documentation for dependents -

(1) Overview. This paragraph (b) describes eligibility documentation required for eligible dependents of qualifying sponsors, including current, former, and retired uniformed service members, civilian employees, and other eligible individuals in accordance with subpart C of this part. Dependents who are eligible for benefits in accordance with subpart C of this part must provide eligibility documentation that establishes the dependent's relationship to the sponsor and verifies eligibility, as shown in Tables 1 through 12 to this subpart.

(i) The uniformed services restrict cross-servicing for verification of the DD Form 1172-2 and eligibility documentation to the responsible uniformed service for certain categories of dependents, in accordance with § 161.7(e)(1).

(ii) Service-specific requirements and processes are addressed in Air Force Instruction 36-3026, “Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Personnel” (available at: http://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-3026v1_ip/afi_36-3026_ip.pdf).

(2) Spouse. A sponsor's spouse must have eligibility verified by documentation shown in Table 1 to this subpart.

Table 1 to Subpart D of Part 161 - Eligibility Documentation Required for a Spouse

Status Eligibility documentation
Spouse Marriage certificate.
Common Law Spouse SJA opinion (Note 1) and Common law marriage certificate (Note 2) or Court order (Note 3).

Notes:

1. A written SJA opinion that a common law marriage is recognized in the relevant State or U.S. jurisdiction.

2. A common law marriage certificate certified by the State.

3. An order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) that establishes a common law marriage.

(3) Child, unmarried, under the age of 21. A sponsor's dependent child, who is unmarried and under the age of 21, must have eligibility verified as shown in Tables 2 through 7 to this subpart. A child under the age of 21, who marries and subsequently divorces, may present a divorce decree and have eligibility reinstated, if the other requirements for a dependent child are met.

(i) Legitimate child. A sponsor's legitimate child must have eligibility verified by documentation shown in Table 2 to this subpart.

Table 2 to Subpart D of Part 161 - Eligibility Documentation Required for a Legitimate Child

Status Eligibility documentation
Legitimate Child Birth certificate (Note 1).
Legitimate Child Conceived Posthumously Birth certificate (Note 1) and Director, DoDHRA memorandum (Note 2).

Notes:

1. A certificate of live birth or an FS-240, “Consular Report of Birth Abroad,” may be used in lieu of a birth certificate.

2. A memorandum signed by the Director, DoDHRA, establishing the eligibility for a child conceived of artificial insemination after the sponsor's death. The deceased sponsor's responsible uniformed service project office must submit all eligibility determination requests to DoDHRA, including documentation that:

a. Verifies the sponsor's intent to start a family, usually provided by the lab or clinic that assisted the couple with the in vitro process.

b. Provides the date of the sponsor's death.

c. Provides the date of birth or expected date of birth of the child.

(ii) Pre-adoptive or adopted child. A sponsor's pre-adoptive or adopted child must have eligibility verified by documentation shown in Table 3 to this subpart.

Table 3 to Subpart D of Part 161 - Eligibility Documentation Required for a Pre-Adoptive or Adopted Child

Status Eligibility documentation
Pre-Adoptive Child Birth certificate (Note 1) and Placement agreement (Note 2) or Court order (Note 2) or Document authorized by State or local law (Notes 2, 3).
Adopted Child Birth certificate (Note 1) and Adoption decree (Note 4) or Court order (Note 4).

Notes:

1. A certificate of live birth or an FS-240 may be used in lieu of a birth certificate. When a placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) establishes the child's date of birth, it may also be used in lieu of a birth certificate.

2. The placement agreement, order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession), or other appropriate document from any other source authorized by State or local law to provide adoption placement must include the intent to adopt.

3. An appropriate document from any other source authorized by State or local law with written approval from the responsible uniformed service Judge Advocate General or local SJA.

4. An order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) that establishes legal adoption of the child by the sponsor.

(iii) Stepchild. A sponsor's stepchild must have eligibility verified by documentation shown in Table 4 to this subpart.

Table 4 to Subpart D of Part 161 - Eligibility Documentation Required for a Stepchild

Status Eligibility documentation
Stepchild Birth certificate (Note 1) and Sponsor's marriage certificate (Note 2).

Note:

1. A certificate of live birth or an FS-240 may be used in lieu of a birth certificate. When a placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) establishes the child's date of birth, it may also be used in lieu of a birth certificate.

2. A marriage certificate that establishes the relationship between the child's parent and the sponsor.

(iv) Illegitimate child of record. A male sponsor's illegitimate child of record must have eligibility verified by documentation shown in Table 5 to this subpart.

Table 5 to Subpart D of Part 161 - Eligibility Documentation Required for a Male Sponsor's Illegitimate Child of Record

Status Eligibility documentation
Illegitimate child of record whose paternity has been judicially determined Birth certificate (Note 1) and Court document (Note 2) or Consent order of paternity (Note 3).
Illegitimate child of record whose paternity has not been judicially determined Birth certificate (Note 1) and SJA opinion (Note 4) or Voluntary acknowledgment of paternity (Note 5).

Notes:

1. A certificate of live birth or an FS-240 may be used in lieu of a birth certificate. When a placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) establishes the child's date of birth, it may also be used in lieu of a birth certificate.

2. An order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) that establishes paternity.

3. A consent order of paternity, recognized by a court of competent jurisdiction in the United States (or U.S. territory or possession). An affidavit of paternity, recognized by a court of competent jurisdiction in the United States (or U.S. territory or possession), may be used in lieu of a consent order of paternity.

4. A written SJA opinion, if the member is stationed in a foreign country.

5. A voluntary acknowledgement of paternity signed by both parents and filed with the State.

(v) Ward. A sponsor's ward must have eligibility verified by documentation shown in Table 6 to this subpart. The sponsor must certify on the DD Form 1172-2 that the sponsor is providing more than 50 percent of the dependent's support and that the ward resides in the sponsor's household in order to issue an ID card.

Table 6 to Subpart D of Part 161 - Eligibility Documentation Required for a Ward

Status Eligibility documentation
Ward Birth certificate (Note 1) and Financial dependency determination (Note 2) and Placement agreement (Note 3) or Court document (Note 3).

Notes:

1. A certificate of live birth or an FS-240 may be used in lieu of a birth certificate. When a placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) establishes the child's date of birth, it may also be used in lieu of a birth certificate.

2. A financial dependency determination from the responsible service's Defense Finance and Accounting Services (DFAS), or the service equivalent pay office, acknowledging that the sponsor is providing more than 50 percent of the dependent's support, or was at the time of the sponsor's death.

3. A placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) that establishes legal custody of the child by the sponsor for no less than 12 consecutive months.

(vi) Foster child. A sponsor's foster child must have eligibility verified by documentation shown in Table 7 to this subpart.

Table 7 to Subpart D of Part 161 - Eligibility Documentation Required for a Foster Child

Status Eligibility documentation
Foster Child Birth certificate (Note 1) and Placement agreement (Note 2) or Court document (Note 2).

Notes:

1. A certificate of live birth or an FS-240 may be used in lieu of a birth certificate. When a placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) establishes the child's date of birth, it may also be used in lieu of a birth certificate.

2. A placement agreement or an order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) that establishes the child's relationship to the sponsor.

(4) Child, unmarried, over the age of 21. A sponsor's dependent child, who is unmarried and over the age of 21, must have eligibility verified as shown in Tables 8 and 9 to this subpart.

(i) Full-time student. A sponsor's child who is between the ages of 21 and 23 and enrolled as a full-time student at an institution of higher learning must have eligibility verified by documentation shown in Table 8 to this subpart.

Table 8 to Subpart D of Part 161 - Eligibility Documentation Required for a Full-Time Student

Status Eligibility documentation
Full-Time Student Dependent documentation (Note 1) and Letter from school registrar (Note 2) and Sponsor's certification of 50 percent support (Note 3).

Notes:

1. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor as specified in Tables 2 through 7 in this subpart, if the relationship has not previously been established.

2. A letter from the school registrar that establishes the child as a full-time student.

3. Sponsor's certification on the DD Form 1172-2 that he or she is providing more than 50 percent of the dependent's support.

(ii) Incapacitated child. A sponsor must follow the Service-specific process for initial determination of an incapacitated dependent child. The incapacitated dependent child must have eligibility verified by documentation shown in Table 9 to this subpart.

Table 9 to Subpart D of Part 161 - Eligibility Documentation Required for an Incapacitated Child

Status Eligibility documentation
Incapacitated Child Dependent documentation (Note 1) and Medical sufficiency statement (Note 2) and Financial dependency determination (Note 3).

Notes:

1. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor as specified in Tables 2 through 7 of this subpart, if the relationship has not previously been established.

2. A medical sufficiency statement issued by a physician in support of the military treatment facility or authorized TRICARE service provider, stating incapacitation, and dated within 90 days of application, as required by the sponsoring component. If applicable, the physician's statement must reflect that the incapacitation occurred after the 21st birthday but before the 23rd birthday, while the dependent was a full-time student.

3. A financial dependency determination from the responsible Service's DFAS, or the Service equivalent pay office, acknowledging that the sponsor is providing more than 50 percent of the dependent's support, or was at the time of the sponsor's death.

(5) Parent. A sponsor's dependent parent, parent-in-law, stepparent, or parent-by-adoption, must have eligibility verified by documentation shown in Table 10 to this subpart.

Table 10 to Subpart D of Part 161 - Eligibility Documentation Required for a Parent

Status Eligibility documentation
Parent Financial dependency determination (Note 1) and Birth certificate (Notes 2) and Marriage certificate (Note 3) or Adoption decree (Note 4).

Notes:

1. A financial dependency determination from the responsible Service's DFAS, or the Service equivalent pay office, acknowledging that the sponsor is providing more than 50 percent of the dependent's support, or was at the time of the sponsor's death.

2. A birth certificate establishing parental relationship to the sponsor, or the sponsor's spouse.

3. A marriage certificate establishing a relationship to the sponsor's parent, or the sponsor's spouse's parent.

4. An adoption decree establishing legal adoption of the sponsor, or the sponsor's spouse, by the parent, or parent-in-law.

(c) Documentation for surviving dependents. This paragraph (c) describes eligibility documentation required for surviving dependents of deceased uniformed service members who are eligible for benefits in accordance with subpart C of this part. Surviving dependents must have eligibility verified by documentation shown in Table 11 to this subpart. For ID card issuance, the unremarried widow or widower must certify on the DD Form 1172-2 that the widow or widower has not remarried.

Table 11 to Subpart D of Part 161 - Eligibility Documentation Required for a Surviving Dependent

Status Eligibility documentation
Widow or Widower:
Unremarried Marriage certificate to sponsor (Note 1) and Death certificate of sponsor.
Unmarried Marriage certificate to sponsor (Note 1) and Death certificate of sponsor and Marriage certificate from subsequent marriage (Note 1) and Divorce decree from subsequent marriage (Note 2) or Death certificate from subsequent marriage.
Dependent Dependent documentation (Note 3).

Notes:

1. A common law marriage certificate, a court order, or a written SJA opinion that a common law marriage is recognized by the relevant State or U.S. jurisdiction is also accepted.

2. A dissolution decree or annulment decree is also accepted.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(d) Documentation for abused dependents -

(1) Overview. This paragraph (d) describes eligibility documentation required for abused dependents of uniformed service members who are eligible for benefits in accordance with subpart C of this part.

(i) For the purposes of this paragraph (d), dependent children are limited to the sponsor's legitimate children, adopted children, and step children, in accordance with 10 U.S.C. 1408(h). Their eligibility ends at age 18 unless otherwise eligible as full-time students (aged 18-23) or based on an incapacitation that existed before age 18 or occurred between the ages of 18 and 23 while a full-time student.

(ii) Abused dependents are required to provide documentation that verifies eligibility as shown in Tables 12 and 13 to this subpart to the responsible uniformed service project office.

(2) Abused dependent of a retirement-eligible service member. An abused dependent of a retirement eligible service member must have eligibility verified by documentation shown in Table 12 to this subpart.

Table 12 to Subpart D of Part 161 - Eligibility Documentation Required for an Abused Dependent of a Retirement-Eligible Service Member

Status Eligibility documentation
Dependent DD Form 2698 “Application for Transitional Compensation” (Note 1) and Letter from DFAS (Note 2) and Dependent documentation (Note 3).

Notes:

1. DD Form 2698, approved by the responsible uniformed service.

2. A letter from DFAS, approving request to receive a portion of retired pay, or other approval from the service equivalent pay office.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor as specified in Tables 1 through 4 of this subpart, if the relationship has not previously been established.

(3) Abused dependent of a non-retirement-eligible service member. An abused dependent of a non-retirement-eligible Service member must have eligibility verified by documentation shown in Table 13 to this subpart.

Table 13 to Subpart D of Part 161 - Eligibility Documentation Required for an Abused Dependent of a Non-Retirement Eligible Service Member

Status Eligibility documentation
Dependent DD Form 2698 (Note 1) and Dependent documentation (Note 2).

Notes:

1. DD Form 2698, approved by the responsible uniformed service.

2. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor as specified in Tables 1 through 4 of this subpart, if the relationship has not previously been established.

(e) Documentation for former spouses. This paragraph (e) describes eligibility documentation required for 20/20/20, 20/20/15, and 10/20/10 former spouses of current, former, and retired uniformed service members, who are eligible for benefits in accordance with subpart C of this part. For ID card issuance, the unremarried former spouse must certify on the DD Form 1172-2 that the former spouse has not remarried. 10/20/10 former spouses, also known as abused former spouses of retirement-eligible Service members who are eligible under 10 U.S.C. 4108(h), should refer to paragraphs (d)(1) and (2) of this section for more information. Eligible former spouses, as identified in subpart C of this part, must have eligibility verified by documentation shown in Table 14 to this subpart.

Table 14 to Subpart D of Part 161 - Eligibility Documentation Required for a Former Spouse

Status Eligibility documentation
Former Spouse:
Unremarried Marriage certificate to sponsor (Note 1) and Divorce decree from sponsor (Note 2) and Statement of service (Note 3).
Unmarried Marriage certificate to sponsor (Note 1) and Divorce decree from sponsor (Note 2) and Statement of service (Note 3) and Marriage certificate from subsequent marriage (Note 1) and Divorce decree from subsequent marriage (Note 2) or Death certificate from subsequent marriage.

Notes:

1. A common law marriage certificate, a court order, or a written SJA opinion that a common law marriage is recognized in the relevant State or U.S. jurisdiction, is also accepted.

2. A dissolution decree or annulment decree is also accepted.

3. Statement of service that establishes the uniformed service member's service. A complete set of DD Form 214, “Certificate of Release or Discharge from Active Duty,” or dates of inclusive service for servicing personnel may be used in lieu of the statement of service.

(f) Documentation for uniformed service members -

(1) Overview. This paragraph (f) describes eligibility documentation required for current, former, and retired uniformed service members, Medal of Honor (MOH) recipients, 100 percent disabled American veterans (DAVs), and their eligible dependents, in accordance with subpart C of this part.

(i) MOH recipients must have their DEERS records updated manually, as indicated in this paragraph.

(ii) Current, former, and retired members identified in this paragraph (f) should have eligibility updated in DEERS by an authoritative feed; however, under certain circumstances described in paragraphs (f)(2) and (3) of this section, a Service member may have eligibility verified by documentation shown in Tables 15 through 21 to this subpart.

(iii) All other uniformed service members should have their DEERS records updated by authoritative data feeds.

(2) Active duty member. An active duty member should have eligibility updated in DEERS by an authoritative feed; however, under certain circumstances described in the notes of the table, an active duty member may have eligibility verified by documentation shown in Table 15 to this subpart.

Table 15 to Subpart D of Part 161 - Eligibility Documentation Required for an Active Duty Member and Dependents

Status Eligibility documentation
Active Duty Member Military orders (Note 1).
Dependent Dependent documentation (Note 2).

Notes:

1. Military orders may be used at the service project officer level when DEERS verification is not available.

2. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(3) National Guard and Reserve member. A National Guard or Reserve member who is activated to active duty should have eligibility updated in DEERS by an authoritative feed; however, under certain circumstances described in the notes of the table, a National Guard or Reserve member may have eligibility verified by documentation shown in Table 16 to this subpart.

Table 16 to Subpart D of Part 161 - Eligibility Documentation Required for a National Guard or Reserve Member and Dependents

Status Eligibility documentation
National Guard or Reserve Member Military orders (Note 1).
Dependent Dependent documentation (Note 2).

Notes:

1. Military orders may be used at the service project officer level when DEERS verification is not available.

2. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(4) Retired reserve member. A retired reserve member should have eligibility updated in DEERS by an authoritative feed; however, a retired reserve member may also have eligibility verified by documentation shown in Table 17 to this subpart.

Table 17 to Subpart D of Part 161 - Eligibility Documentation Required for a Retired Reserve Member and Dependents

Status Eligibility documentation
Retired Reserve Member Notice of eligibility (Note 1) or Retired pay orders (Note 2) or DD Form 214 (Note 3).
Retired Reserve Member ordered to active duty DD Form 214 (Note 3) or Military order (Note 4) or Commissioning oath (Note 4) or Enlistment contract (Note 4).
Dependent Dependent documentation (Note 5).

Notes:

1. Notice of eligibility from the Service's designated Reserve Personnel Center establishing the uniformed service member's eligibility for retired pay at age 60.

2. Retired pay orders, establishing the uniformed service member's eligibility for retired pay at age 60.

3. A DD Form 214 that establishes the uniformed service member's service can be used when DEERS verification is not available. A statement of service or dates of inclusive service for servicing personnel may be used in lieu of the DD Form 214.

4. Documentation establishing the uniformed service member being ordered to active duty for greater than 30 days.

5. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(5) Retired member. A retired member should have eligibility updated in DEERS by an authoritative feed; however, a retired member may also have eligibility verified by documentation shown in Table 18 to this subpart. Retired members include voluntary retired members, permanent disability retired list members, and temporary disability retired list members.

Table 18 to Subpart D of Part 161 - Eligibility Documentation Required for a Retired Member and Dependents

Status Eligibility documentation
Retired Member Retirement orders or Correction of military record (Note 1) or DD Form 214 (Note 2).
Dependent Dependent documentation (Note 3).

Notes:

1. A correction of military record can be used at the service project officer level when DEERS verification is not available.

2. A DD Form 214 that establishes the uniformed service member's service can be used when DEERS verification is not available. A statement of service or dates of inclusive service for servicing personnel may be used in lieu of the DD Form 214.

3. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(6) Transitional Health Care (THC) member. A THC member should have eligibility updated in DEERS by an authoritative feed; however, a THC member may also have eligibility verified by documentation shown in Table 19 to this subpart to correct an ineligible condition.

Table 19 to Subpart D of Part 161 - Eligibility Documentation Required for a THC Member and Dependents

Status Eligibility documentation
THC Member DD Form 214 (Note 1).
Dependent Dependent documentation (Note 2).

Notes:

1. DD Form 214, reflecting the appropriate separation program designator code for Transition Assistance (TA)-180 eligibility. Separation orders, reflecting the appropriate separation program designator code for TA-180 eligibility may be used in lieu of the DD Form 214.

2. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(7) MOH recipient. A MOH recipient should have eligibility verified by documentation shown in Table 20 to this subpart. DoDHRA will update all MOH DEERS records.

Table 20 to Subpart D of Part 161 - Eligibility Documentation Required for a MOH Recipient and Dependents

Status Eligibility documentation
MOH Recipient Confirmation of MOH status (Note 1).
Dependent Dependent documentation (Note 2).

Notes:

1. Confirmation of MOH status by DoDHRA.

2. Eligible dependents, as identified in subpart C of this part, must establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(8) 100 percent DAV. An honorably discharged veteran who has been rated as 100 percent disabled or incapable of pursuing substantially gainful employment by the Department of Veterans Affairs (VA) should have eligibility verified by documentation shown in Table 21 to this subpart.

Table 21 to Subpart D of Part 161 - Eligibility Documentation Required for a 100 Percent DAV and Dependents

Status Eligibility documentation
100 Percent DAV VA rating determination letter (Note 1) and DD Form 214 (Note 2).
Dependent Dependent documentation (Note 3).

Notes:

1. VA rating determination letter that establishes eligibility as 100 percent disabled or incapable of pursuing substantially gainful employment.

2. A DD Form 214 that characterizes the uniformed service member's discharge as honorable.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(g) Documentation for civilian personnel -

(1) Overview. This paragraph (g) describes eligibility documentation required for civilian personnel, and their dependents, when they are eligible for benefits in accordance with subpart C of this part. Civilian personnel, as the sponsors, and their dependents, qualify for different benefits based on the sponsor's status in accordance with subpart C of this part. The definition of “civilian personnel” (e.g., civilian employee, DoD contractor, Red Cross employee) is specific to each eligibility set described. Civilian employees include both appropriated fund and nonappropriated fund employees, in accordance with subpart B of this part.

(2) Civilian personnel -

(i) Civilian personnel residing on a military installation in the United States. Civilian personnel residing on a military installation in the United States, and accompanying dependents, must have eligibility verified by documentation shown in Table 22 to this subpart.

Table 22 to Subpart D of Part 161 - Eligibility Documentation Required for Civilian Personnel Residing on a Military Installation in the United States and Accompanying Dependents

Status Eligibility documentation
Civilian: DoD civilian employee, DoD contractor, Intergovernmental Personnel Act personnel, non-DoD government agency civilian employee under DoD sponsorship Travel authorization (Note 1).
Dependent Travel authorization (Note 2) and Dependent documentation (Note 3).

Notes:

1. A travel authorization produced by the sponsoring DoD Component authorizing the sponsor to reside on a military installation.

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 through 12 of this subpart, if the relationship has not previously been established.

(ii) Civilian personnel outside the United States. Civilian personnel stationed outside the United States, and accompanying dependents, must have eligibility verified by documentation shown in Table 23 to this subpart.

Table 23 to Subpart D of Part 161 - Eligibility Documentation Required for Civilian Personnel Stationed Outside the United States and Accompanying Dependents

Status Eligibility documentation
Civilian: DoD civilian employee, DoD contractor, Intergovernmental Personnel Act personnel, non-DoD government agency civilian employee under DoD sponsorship, DoD contractor authorized to accompany the Armed Forces (CAAF) Travel authorization (Note 1) and SPOT LOA (Note 2, 3).
Dependent Dependent documentation (Note 4) and Travel authorization (Note 5) or SPOT LOA (Note 5).

Notes:

1. A travel authorization produced by the sponsoring DoD Component, indicating an assignment outside the United States.

2. A SPOT LOA that designates the contractor as CAAF, if a CAAF in accordance with DoD Instruction 3020.41, “Operational Contract Support (OCS)” (available at: http://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf).

3. A SPOT LOA, if applicable in accordance with Combatant Command guidance.

4. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

5. A travel authorization produced by the sponsoring DoD Component or SPOT LOA authorizing eligible dependents to accompany the sponsor.

(3) Red Cross personnel. Uniformed and non-uniformed full-time paid personnel of the Red Cross assigned to duty with the uniformed services and either residing on a military installation in the United States, or stationed outside the United States, and accompanying dependents, must have eligibility verified by documentation shown in Table 24 to this subpart.

Table 24 to Subpart D of Part 161 - Eligibility Documentation Required for Full-Time Paid Personnel of the Red Cross and Accompanying Dependents

Status Eligibility documentation
Red Cross Employee Travel authorization (Note 1).
Dependent Travel authorization (Note 2) and Dependent documentation (Note 3).

Notes:

1. A travel authorization produced by the sponsoring DoD Component authorizing the sponsor to reside on a military installation in the United States, or indicating an assignment outside the United States.

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(4) United Service Organizations (USO) personnel. USO area executives, center directors, and assistant directors serving outside the United States and outside U.S. territories and possessions and accompanying dependents, must have eligibility verified by documentation shown in Table 25 to this subpart.

Table 25 to Subpart D of Part 161 - Eligibility Documentation Required for USO Area Executives, Center Directors, and Assistant Directors and Accompanying Dependents

Status Eligibility documentation
USO Employee Travel authorization (Note 1).
Dependent Travel authorization (Note 2) and Dependent documentation (Note 3).

Notes:

1. A travel authorization produced by the sponsoring DoD Component.

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(5) United Seaman's Service (USS) personnel. USS personnel serving outside the United States and outside U.S. territories and possessions, and accompanying dependents, must have eligibility verified by documentation shown in Table 26 to this subpart.

Table 26 to Subpart D of Part 161 - Eligibility Documentation Required for USS Personnel and Accompanying Dependents

Status Eligibility documentation
USS Employee (Self) Travel authorization (Note 1).
Dependent Travel authorization (Note 2) and Dependent documentation (Note 3).

Notes:

1. A travel authorization produced by the sponsoring DoD Component.

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(6) Military Sealift Command (MSC) personnel. MSC personnel on MSC-owned and operated vessels outside the United States and outside U.S. territories and possessions, and accompanying dependents, must have eligibility verified by documentation shown in Table 27 to this subpart.

Table 27 to Subpart D of Part 161 - Eligibility Documentation Required for MSC Personnel Deployed on MSC-Owned and Operated Vessels and Accompanying Dependents

Status Eligibility documentation
MSC Employee Travel authorization (Note 1).
Dependent Travel authorization (Note 2) and Dependent documentation (Note 3).

Notes:

1. A travel authorization produced by the sponsoring DoD Component.

2. A travel authorization produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor.

3. Eligible dependents, as identified in subpart C of this part, are required to establish their relationship to the sponsor, as specified in Tables 1 through 10 of this subpart, if the relationship has not previously been established.

(h) Documentation for foreign affiliates. This paragraph (h) describes eligibility documentation required for foreign affiliates, including foreign national military, civilian, and contractor personnel, and their dependents, when they are eligible for benefits in accordance with subpart C of this part. A foreign affiliate serving in the United States or outside the United States under the sponsorship or invitation of the DoD or a Military Service, and accompanying dependents, or a foreign affiliate serving in the United States in connection with their official duties but who are not under the sponsorship or invitation of the DoD or a Military Service, and accompanying dependents, must have eligibility verified by documentation shown in Table 28 to this subpart.

Table 28 to Subpart D of Part 161 - Eligibility Documentation Required for Sponsored Foreign Affiliates in the United States and Accompanying Dependents

Status Eligibility documentation
Foreign Affiliate ITO (Note 1) or Foreign Visit Request (Note 1).
Dependent ITO (Note 2) or Foreign Visit Request (Note 2).

Notes:

1. An ITO, Foreign Visit Request, or other document establishing the foreign affiliate's sponsorship to travel to the United States.

2. An ITO, Foreign Visit Request, or letter produced by the sponsoring DoD Component authorizing eligible dependents to accompany the sponsor.

(i) Documentation required to terminate eligibility in DEERS -

(1) Overview. This paragraph (i) describes documentation required to terminate eligibility in DEERS. When terminating eligibility in DEERS, documentation is required in accordance with Tables 29 through 31 to this subpart.

(2) Spouse. A sponsor's spouse, former spouse, or surviving widow or widower, who does not qualify as a DoD beneficiary and no longer meets the eligibility requirements identified in subpart C of this part, must have eligibility terminated in DEERS by documentation shown in Table 29 to this subpart.

Table 29 to Subpart D of Part 161 - Documentation Required To Terminate Eligibility of a Spouse in DEERS

Status Eligibility documentation
Spouse Divorce decree (Note 1) or Death certificate.
Former Spouse Marriage certificate from subsequent marriage (Note 2).
Widow/Widower Marriage certificate from subsequent marriage (Note 2).

Notes:

1. A dissolution decree or annulment decree is also accepted.

2. A common law marriage certificate, a court order, or a written SJA opinion that a common law marriage is recognized in the relevant State or U.S. jurisdiction, is also accepted.

(3) Child. A sponsor's child, who no longer meets the eligibility requirements identified in subpart C of this part, must have eligibility terminated in DEERS by documentation shown in Table 30 to this subpart.

Table 30 to Subpart D of Part 161 - Documentation Required To Terminate Eligibility of a Child in DEERS

Status Eligibility documentation
Child, Under Age 21:
Legitimate, Adopted, Pre-Adoptive, Illegitimate Child Marriage certificate (Note 1) or Adoption decree (Note 2) or Court order (Note 3) or Death certificate (Note 4).
Stepchild Marriage certificate (Note 1) or Adoption decree (Note 2) or Court order (Note 3) or Death certificate (Note 4) or Divorce decree (Notes 5, 6).
Ward, Foster Child Marriage certificate (Note 1) or Adoption decree (Note 2) or Court order (Note 3) or Death certificate (Note 4) or Dependency certification (Note 7).
Child, Over Age 21:
Full-Time Student Marriage certificate (Note 1) or Death certificate (Note 4) or Change in financial status (Note 7) or Letter from school registrar (Note 8).
Temporary or Permanent Incapacitated Child Marriage certificate (Note 1) or Death certificate (Note 4) or Change in financial status (Note 7) or Medical sufficiency statement (Note 9).

Notes:

1. A marriage certificate, if the child marries.

2. An adoption decree, if the child is adopted and the relationship to the sponsor is severed. This does not apply to surviving children adopted by a non-military member after the death of the sponsor in accordance with 32 CFR 199.3(f)(3).

3. An order or appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession), affirming either the voluntary relinquishment or involuntary termination of parental rights and placing the child into custody of another guardian, or emancipating the child. In cases of involuntary termination, the Service project office should consult with the local SJA and confirm that the sponsor was properly notified of the involuntary termination proceedings and was given the opportunity to defend the sponsor's rights.

4. A death certificate, if the child dies.

5. A final divorce decree, if the sponsor and the child's parent divorce in accordance with 32 CFR 199.3(f)(3).

6. A dissolution decree or annulment decree is also accepted.

7. Sponsor certification on the DD Form 1172-2 that the sponsor is not providing more than 50 percent or that the child does not resides in the household.

8. A letter from the school registrar that establishes the child is no longer a full-time student.

9. A medical sufficiency statement issued by a physician in support of the military treatment facility or authorized TRICARE service provider, establishing the end of an incapacitation.

(4) Parent. A sponsor's parent, including a parent-in-law, stepparent, or parent-by-adoption, who no longer meets the eligibility requirements, as identified in subpart C of this part, must have eligibility terminated in DEERS by documentation shown in Table 31 to this subpart.

Table 31 to Subpart D of Part 161 - Documentation Required To Terminate Eligibility of a Parent in DEERS

Status Eligibility documentation
Parent Change in financial status (Note 1) or Divorce decree (Note 2) or Marriage certificate (Note 3) or Death certificate (Note 4) or.

Notes:

1. The sponsor, or the dependent parent, verifies that the sponsor is not providing more than 50 percent financial support for the parent.

2. The relationship between the sponsor and the parent-in-law is terminated as a result of a divorce. A dissolution decree or annulment decree is also accepted.

3. The parent marries.

4. The parent dies.

(j) Documentation required to set data display restrictions in DEERS. This paragraph (j) describes documentation required to request data display restrictions in DEERS. In certain circumstances, data display restrictions may be applied in DEERS to mask data elements from being viewed by affiliated family members by documentation shown in Table 32 to this subpart. Reasons and circumstances for restricting data may include, but are not limited to, personal preference and cases of abuse. Restricted data may include, but is not limited to, contact information such as an address, phone number, or email address.

Table 32 to Subpart D of Part 161 - Documentation Required To Set Data Display Restrictions

Status Documentation
Sponsor or Dependent DEERS Support Office request (Note 1) or Project Office request (Note 2) or Protective order (Note 3) or Health Insurance Portability and Accountability Act request (Note 4).

Notes:

1. A request to the DEERS Support Office asking for contact information to be restricted.

2. A request to the Service DEERS/RAPIDS Project Office asking for the contact information to be restricted.

3. An order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) that establishes a protective order.

4. A request to restrict health information.

(k) Documentation required to change a gender marker in DEERS. This paragraph (k) describes documentation required to request a change to a retiree's, a dependent's, or a contractor's gender marker in DEERS. Requests to change a gender marker require submission of documentation listed in Table 33 to this subpart that reflects the applicant's gender identity. All requests by retirees, dependents, and contractors to change gender markers must be submitted by the sponsor's responsible uniformed service project office or sponsoring agency to DoDHRA.

(1) For changes to a retiree's gender marker, after DoDHRA confirms the change in DEERS, the uniformed service project office must follow existing Service procedures to send an update to DFAS, or the Service equivalent pay office, to allow DFAS, or the Service equivalent pay office, to update its system with the retiree's gender identity.

(2) A military Service member should refer to DoD Instruction 1300.28, “In-Service Transition For Transgender Service Members” (available at: http://www.dtic.mil/whs/directives/corres/pdf/130028p.pdf) and the Secretary of Defense Memorandum of June 30, 2016, Directive Type Memorandum (DTM) 16-005, “Military Service of Transgender Service Members” (available at: http://www.dtic.mil/whs/directives/corres/pdf/DTM-16-005.pdf) for DoD policy concerning changing their gender in DEERS.

(3) Government civilian employees should consult their servicing human resources or civilian personnel office for guidance concerning changing their gender markers in DEERS.

(4) If a name change is required in conjunction with a change of gender marker, see paragraph (m) of this section.

(5) To change a gender marker in DEERS to correct an administrative error, see paragraph (n) of this section.

Table 33 to Subpart D of Part 161 - Documentation Required To Change a Gender Marker in DEERS

Status Documentation
Retiree, Dependent, or Contractor (Note 4) Re-issued or amended birth certificate (Note 1) or U.S. Passport (Note 1) or Court order (Note 2) or Doctor's letter with justification (Note 3).

Notes:

1. Document must reflect the individual's gender identity.

2. An order or other appropriate document from a court of competent jurisdiction in the United States (or U.S. territory or possession) reflecting the individual's gender identity.

3. If unable to submit a re-issued or an amended birth certificate reflecting the individual's gender identity, a U.S. passport reflecting the individual's gender identity, or a certified true copy of a court order reflecting the individual's gender identity, a retiree, dependent or contractor may submit a letter from a doctor certifying that the sponsor or dependent has had the appropriate clinical treatment for gender transition. If a doctor's letter is being submitted in lieu of the other official documents identified in this table, the individual submitting the request shall attach to the doctor's letter a written statement that the other official documents cannot be submitted. Information that must be included in the doctor's letter follows:

a. Physician's full name.

b. Physician's medical license or certificate number.

c. Issuing state or other jurisdiction of medical license/certificate.

d. Physician's office address and telephone number.

e. Language stating that the physician is the sponsor's or dependent's attending physician and that the physician has a doctor/patient relationship with the sponsor or dependent.

f. Language stating the sponsor or dependent has had the appropriate clinical treatment for gender transition to the individual's gender identity. Specific treatment information is not required.

g. Language stating “I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.”

4. Includes other ID card eligible populations managed by the Trusted Associate Sponsorship System for which DEERS is the authoritative source.

(l) Documentation required to change a Social Security Number (SSN) in DEERS. This paragraph (l) describes documentation required to change an SSN in DEERS. An individual's SSN should be changed in DEERS with documentation shown in Table 34 to this subpart.

(1) To change an SSN in a DEERS record that was established by an authoritative feed (e.g., uniformed service member records, DoD civilian personnel records), the sponsor will need to consult the personnel office that established the authoritative feed.

(2) To change an SSN in a DEERS record that was manually established (e.g., dependent records), the sponsor will need to go to a RAPIDS site for assistance.

Table 34 to Subpart D of Part 161 - Documentation Required To Change an SSN in DEERS

Status Documentation
Sponsor Social security cards (Note 1) and Social Security Administration letter (Note 2).
Dependent Social security cards (Note 1) and Social Security Administration letter (Note 2).

Notes:

1. Social security cards issued by the Social Security Administration, establishing the old and new SSNs.

2. A letter from the Social Security Administration, explaining that a new SSN has been issued and stating that the individual will no longer use the old SSN.

(m) Documentation required to change a name in DEERS. This paragraph (m) describes documentation required to change a name in DEERS. Name changes based on a marriage, divorce, or death, are made at the time of enrollment or ID card issuance. An individual's name should be changed in DEERS with documentation shown in Table 35 to this subpart.

(1) To change a name in a DEERS record that was established by an authoritative feed (e.g., uniformed service member records, DoD civilian personnel records), the sponsor will need to first consult the personnel office that established the authoritative feed. If an immediate change is required, the sponsor may visit a RAPIDS site with the applicable documentation identified in Table 35 to this subpart.

(2) To change a name in a DEERS record that was manually established (e.g., dependent records), the sponsor will need to visit a RAPIDS site with the applicable documentation identified in Table 35 to this subpart.

Table 35 to Subpart D of Part 161 - Documentation Required To Change a Name in DEERS

Status Documentation
Sponsor Court order or Marriage certificate (Note 1) or Divorce decree (Note 2) or Death decree (Note 3) or Social security cards (Note 4).
Spouse Court order or Marriage certificate (Note 1) or Divorce decree (Note 2) or Death certificate (Note 3) or Social security cards (Note 4).
Child Court order or Social security cards (Note 4).

Notes:

1. A marriage certificate to change an individual's last name to match the spouse's last name or to hyphenate the last name.

2. A divorce decree to establish the individual's last name as the individual's last name before being married. A dissolution decree or annulment decree is also accepted. Additional documentation confirming name before being married may be required.

3. A death certificate to establish the individual's last name as the individual's last name before being married. Additional documentation confirming name before being married may be required.

4. Social security cards issued by the Social Security Administration, establishing the individual's old full name and new full name.

(n) Documentation required to correct an administrative error in DEERS -

(1) Overview. This paragraph (n) describes documentation required to correct administrative errors in DEERS.

(i) To correct an administrative error in a DEERS record that was established and updated by authoritative feed, the sponsor should consult the personnel office that owns the authoritative feed.

(ii) To correct an administrative error in a DEERS record that was established and updated manually, the sponsor, on behalf of a dependent, should seek the support of the uniformed service's DEERS Support Office Field Support personnel with documentation shown in Tables 36 through 38 of this subpart.

(2) Name or date of birth. An individual's name or date of birth, when incorrectly entered in DEERS, should be corrected with the documentation shown in Table 36 to this subpart.

Table 36 to Subpart D of Part 161 - Documentation Required To Modify a Name or Date of Birth in DEERS To Correct an Administrative Error

Status Documentation
Sponsor or Dependent U.S. Citizenship and Immigration Services Form I-9, “Instructions for Employment Eligibility Verification,” Documentation (Note).

Note: Documentation from the U.S. Citizenship and Immigration Services Form I-9, Lists of Acceptable Documents), that establishes name or date of birth.

(3) Gender. An individual's gender marker, when incorrectly entered in DEERS, should be corrected with the documentation shown in Table 37 to this subpart.

Table 37 to Subpart D of Part 161 - Documentation Required To Modify a Gender Marker in DEERS To Correct an Administrative Error

Status Documentation
Sponsor or Dependent Birth certificate and Form I-9 Documentation (Note).

Note: Documentation from the U.S. Citizenship and Immigration Services Form I-9 (Lists of Acceptable Documents) that establishes gender.

(4) SSN. An individual's SSN, when incorrectly entered in DEERS, should be corrected with the documentation shown in Table 38 to this subpart.

Table 38 to Subpart D of Part 161 - Documentation Required To Modify an SSN in DEERS To Correct an Administrative Error

Status Documentation
Sponsor or Dependent Documentation establishing SSN (Note).

Note: Government-issued documentation establishing SSN, including but not limited to, social security card, Department of the Treasury Internal Revenue Service Form W-2, “Wage and Tax Statement,” and Form SSA-1099, “Social Security Benefit Statement.”