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Cohen's Honor the WISH Act Included in FY2012 Defense Authorization Bill, Approved by House

May 26, 2011

WASHINGTON, D.C. – Today, legislation Congressman Steve Cohen (D-TN-9) authored -- the Honor the Written Intent of Our Servicemember Heroes (WISH) Act -- to enable military personnel to determine who they want to organize their funeral arrangements was approved by the U.S. House of Representatives as part of the FY2012 Defense Authorization bill. The measure now heads to the U.S. Senate for consideration.

“Someone who puts their life on the line defending our country should be able to designate whomever they wish to make arrangements for their memorial services,” said Congressman Cohen. “The Honor the WISH Act will amend current law to let soldiers, sailors, Marines and airmen designate who they want to organize their funeral arrangements should they be killed while serving their country.”

Members of the Armed Services fill out a DD93 Form to designate who will direct disposition of the member’s remains if they die while on active duty. However, current law only allows them to designate a spouse, blood relatives or adoptive parent. Some service members would prefer someone who does not fall into these categories to bear that responsibility, but are prohibited by federal law from doing so.

Army PFC Christopher Fox died in Iraq in 2008 after being wounded by a small-arms attack in Baghdad. On his DD93 form, he had designated his mother figure, Amy, to dispose of his remains. Unfortunately, the military did not allow Amy to oversee the burial arrangements because she was not a spouse, blood relative, or adoptive parent.

Christopher’s step-brother ended up making the funeral arrangements. Due to the distance between Amy’s home in Knoxville, Tennessee and the funeral site in Arkansas, Amy -- the person who Christopher wanted most to play a role in his remembrance ceremony -- was unable to attend the funeral.

Other instances such as these have arisen where a non-relative has been written on the form, but the U.S. Department of Defense, by law, cannot allow them to direct disposition.

The Honor the WISH Act has support from:

  • Air Force Association
  • AMVETS
  • Jewish War Veterans of the USA
  • Military Order of the Purple Heart
  • National Association of Uniformed Services
  • Reserve Officers Association
  • United States Army Warrant Officers Association
  • Vietnam Veterans of America