Funeral and Burial Entitlements
Eligibility for Interment in a National Cemetery
Upon your death, your family or funeral director should contact the director of the national cemetery where you wish to be buried to schedule a committal service and interment at the cemetery. The cemetery director will order a grave marker and verify the inscription with your family or funeral director.
Department of Veterans Affairs (VA) national cemetery directors have the primary responsibility for verifying eligibility for burial in VA national cemeteries. A determination of eligibility is usually made in response to a request for burial in a VA national cemetery.
1. Veterans and Members of the Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard)
- Any member of the Armed Forces of the United States who dies on active duty.
- Any veteran who was discharged under conditions other than dishonorable. With certain exceptions, service beginning after September 7, 1980, as an enlisted person, and service after October 16, 1981, as an officer, must be for a minimum of 24 months or the full period for which the person was called to active duty. (Examples include those serving less than 24 months in the Gulf War or Reservists that were federalized by Presidential Act.) Undesirable,bad conduct, and any other type of discharge other than honorable may or may not qualify the individual for veterans benefits, depending upon a determination made by a VA Regional Office. Cases presenting multiple discharges of varying character are also referred for adjudication to a VA Regional Office.
- Any citizen of the United States who, during any war in which the United States has been or may hereafter be engaged, served in the Armed Forces of any Government allied with the United States during that war, whose last active service was terminated honorably by death or otherwise, and who was a citizen of the United States at the time of entry into such service and at the time of death.
2. Members of Reserve Components and Reserve Officers' Training Corps
- Reservists and National Guard members who, at time of death, were entitled to retired pay under Chapter 1223, title 10, United States Code, or would have been entitled, but for being under the age of 60. Specific categories of individuals eligible for retired pay are delineated in section 12731 of Chapter 1223, title 10, United States Code.
- Members of reserve components who die while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training, or undergoing such hospitalization or treatment.
- Members of the Reserve Officers' Training Corps of the Army, Navy, or Air Force who die under honorable conditions while attending an authorized training camp or on an authorized cruise, while performing authorized travel to or from that camp or cruise, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while engaged in one of those activities.
- Members of reserve components who, during a period of active duty for training, were disabled or died from a disease or injury incurred or aggravated in line of duty or, during a period of inactive duty training, were disabled or died from an injury incurred or aggravated in line of duty.
3. Commissioned Officers, National Oceanic and Atmospheric Administration
- A Commissioned Officer of the National Oceanic and Atmospheric Administration (formerly titled the Coast and Geodetic Survey and the Environmental Science Services Administration) with full-time duty on or after July 29, 1945.
- A Commissioned Officer who served before July 29, 1945, and;
(1) Was assigned to an area of immediate military hazard while in time of war, or of a Presidentially declared national emergency as determined by the Secretary of Defense;
(2) Served in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter; or,
(3) Transferred to the Department of the Army or the Department of the Navy under the provisions of the Act of May 22, 1917 (40 Stat. 87; 33 U.S.C. § 855).
4. Public Health Service
- A Commissioned Officer of the Regular or Reserve Corps of the Public Health Service who served on full-time duty on or after July 29, 1945. If the service of the particular Public Health Service Officer falls within the meaning of active duty for training, as defined in section 101(22), title 38, United States Code, he or she must have been disabled or died from a disease or injury incurred or aggravated in the line of duty.
- A Commissioned Officer of the Regular or Reserve Corps of the Public Health Service who performed full-time duty prior to July 29, 1945:
(1) In time of war;
(2) On detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or,
(3) While the Service was part of the military forces of the United States pursuant to Executive Order of the President.
- A Commissioned Officer serving on inactive duty training as defined in section 101(23), title 38, United States Code, whose death resulted from an injury incurred or aggravated in the line of duty.
5. World War II Merchant Mariners
- United States Merchant Mariners with oceangoing service during the period of armed conflict, December 7, 1941, to December 31, 1946. Prior to the enactment of Public Law 105-368, United States Merchant Mariners with oceangoing service during the period of armed conflict of December 7, 1941, to August 15, 1945, were eligible. With enactment of Public Law 105-368, the service period is extended to December 31, 1946, for those dying on or after November 11, 1998. A DD-214 documenting this service may be obtained by submitting an application to Commandant (G-MVP-6), United States Coast Guard, 2100 2nd Street, SW, Washington, DC 20593. Notwithstanding, the Mariner's death must have occurred after the enactment of Public Law 105-368 and the interment not violate the applicable restrictions while meeting the requirements held therein.
- United States Merchant Mariners who served on blockships in support of Operation Mulberry during World War II.
6. Spouses and Dependents
- The spouse or unremarried surviving spouse of an eligible person, even if that person is not buried or memorialized in a national cemetery, is eligible for interment in a national cemetery. In addition, the spouse of a member of the Armed Forces of the United States lost or buried at sea, or officially determined to be permanently absent in a status of missing or missing in action or whose remains have been donated to science or cremated and the ashes scattered is also eligible for burial.
- The surviving spouse of an eligible decedent who remarries an ineligible individual and whose remarriage is void, terminated by the ineligible individual's death, or dissolved by annulment or divorce is eligible for burial in a national cemetery. The surviving spouse of an eligible decedent who remarries an eligible person retains his or her eligibility for burial in a national cemetery.
- The minor children of an eligible person. For purpose of burial in a national cemetery, a minor child is a person who is unmarried and:
(1) Who is under the age of 21 years; or,
(2) Who is under 23 years of age and pursuing a course of instruction at an approved educational institution.
- An unmarried adult child of an eligible person if the child is physically or mentally disabled and incapable of self-support before reaching the age of 21 years. Proper supportive documentation must be provided.
7. Others: Such other persons or classes of persons as designated by the Secretary of Veterans Affairs (38 U.S.C. § 2402(6)) or the Secretary of the Air Force (Public Law 95-202, § 401), or (38 CFR § 3.7(x)).
Persons NOT Eligible for Burial in a VA National Cemetery
- Remarried Surviving Spouses Married to a Non-veteran
A surviving spouse of an eligible decedent who marries an ineligible individual and predeceases that individual.
- Former Spouses
A former spouse of an eligible individual whose marriage to that individual has been terminated by annulment or divorce, if not otherwise eligible.
- Other Family Members
Family members of an eligible person except those defined as eligible in paragraph f, above.
- Disqualifying Characters of Discharge
A person whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to veterans benefits.
- Discharge from Draft
A person who was ordered to report to an induction station, but was not actually inducted into military service.
- Person Found Guilty of a Capital Crime
Under 38 U.S.C. § 2411, interment or memorialization in a VA cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a Federal capital crime and sentenced to death or life imprisonment, or is convicted of a State capital crime, and sentenced to death or life imprisonment without parole. Federal officials are authorized to deny burial in veterans cemeteries to persons who are shown by clear and convincing evidence to have committed a Federal or State capital crime but were not convicted of such crime because of flight to avoid prosecution or by death prior to trial. The Secretary is authorized to provide aid to States for the establishment, expansion and/or improvement of veterans cemeteries on the condition that the State is willing to prohibit interment or memorialization in such cemeteries of individuals convicted of Federal or State capital crimes, or found by clear and convincing evidence to have committed such crimes, without having been convicted of the crimes due to flight to avoid prosecution or death prior to trial. (38 U.S.C. § 2408(d)(2)).
- Subversive Activities
Any person convicted of subversive activities after September 1, 1959, shall have no right to burial in a national cemetery from and after the date of commission of such offense, based on periods of active military service commencing before the date of the commission of such offense, nor shall another person be entitled to burial on account of such an individual. Eligibility will be reinstated if the President of the United States grants a pardon.
- Active or Inactive Duty for Training
A person whose only service is active duty for training or inactive duty training in the National Guard or Reserve Component, unless the individual meets the eligibility criteria listed in Section III.1.b of this information sheet.
- Other Groups
Members of groups whose service has been determined by the Secretary of the Air Force under the provisions of Public Law 95-202 as not warranting entitlement to benefits administered by the Secretary of Veterans Affairs.
Eligibility for Interment in Arlington National Cemetery
Those eligible:
- Those who have died on active duty.
- Those having at least 20 years active duty or active reserve service which qualifies them for retired pay either upon retirement or at age 60, and those retired for disability.
- Veterans honorably discharged for 30% (or more) disability before 1 October 1949.
- Holders of the following military decorations: Medal of Honor, Distinguished Service Cross, Air Force Cross, Navy Cross, Distinguished Service Medal, Silver Star and the Purple Heart.
- Former prisoners of war who died on or after November 30, 1993.
- The spouse or unmarried minor (under 21) child of any of the above or of any person already buried in Arlington. An unmarried dependent student qualifies up to age 23.
- An unmarried adult child with physical or mental disability acquired before age 21.
- Provided certain special requirements are met, a veteran who is the parent, brother, sister or child of an eligible person already interred. Interment must be in the same grave as the primary eligible, the veteran's spouse must waive his or her eligibility for Arlington, and the veteran can have no dependent children at the time of death.
Those not eligible:
Except as indicated above, parents, brothers, sisters, or in-laws are not eligible, even if they are dependents of an eligible person. Neither is the remarried widow or widower of an eligible person, unless the former is no longer married at death. A person whose last discharge was less-than-honorable is also ineligible.
(Note: For brevity, the above categories are generally described. For more detail, or evaluation of particular cases, contact: The Superintendent, Arlington National Cemetery, Arlington, VA 22211-5003 Tel: 1-703-695-3175; Interment Office Tel: 1-703-695-3250 www.arlingtoncemetery.org.)
Other pertinent information
The Cremation Alternative
In addition to ground burial, Arlington also has a Columbarium for cremated remains. Any honorably discharged veteran or his spouse or dependent children can be inured there. The ashes of a person who meets the criteria for burial can either be inured in the Columbarium or given ground interment, according to the wishes of the eligible or next of kin.
Reservations. Regulations prohibit reservation of gravesites. Assignments are made at the time a request for interment is received.
Burial in a national cemetery is accomplished at government expense, and includes opening and closing the grave, furnishing and setting a government headstone and future maintenance. Requests for burial should be made to the Superintendent of the appropriate cemetery who will schedule the funeral.
For more detailed information on these matters, contact a National Cemetery Superintendent or the nearest VA office.
Active Duty Personnel
When a Member dies on active duty the military will provide the following:
- Preparation and disposition of the remains, casket, and transportation to a place designated by the NOK.
- Cremation and urn.
- A U.S. Flag to drape the casket.
- Military honors.
- Burial in any national cemetery for the soldier and eligible family members.
- A regulation government headstone or marker.
Burial costs:
- The military assumes responsibility and will prepare and casket the remains at no charge to the family.
- When the service arranges preparation and casket, and the remains are consigned to a funeral home with burial in:
(1) a civilian cemetery, the maximum reimbursable amount is $6,000;
(2) in a government cemetery the maximum reimbursable amount is $3,600.
- If the remains are consigned directly for burial in a government cemetery the maximum reimbursable amount is $1000.
- If the family arranges preparation and casket, and burial is:
(1) in a civilian cemetery the maximum reimbursable amount is $8,800;
(2) in a government cemetery the maximum reimbursable is $7,300.
Government headstones are ordered and erected automatically in national cemeteries. For markers in a civilian cemetery, an application must be submitted to the Director, Headstone Service (42A) Department of Veterans Affairs, National Cemetery System, Washington, D.C. 20420.
Dependents of Active Duty Personnel. The remains of certain eligible dependents of members serving on active duty (except for training) may be transported at government expense from the place of death to the place of interment. The nearest installation will assist in issuance of necessary papers. Only transportation is authorized.
Retired Military Personnel--other Veterans. When a veteran dies of a service-connected condition, the VA pays a burial allowance for expenses up to $2,000. A small burial allowance of $300 is paid for non-service-connected deaths if the veteran died in a VA hospital or was entitled to VA compensation or pension at the time of his death. A $300 plot allowance is paid for non-service-connected deaths when burial is not in a national cemetery. Any claim for burial allowance must be filed within two years from the date of death to the nearest VA office. For assistance in case of the death of a retiree traveling overseas, contact the nearest U.S. Consulate.
Social Security. Social Security provides a lump sum death payment not to exceed $255 when the deceased was either fully or currently insured. This is payable only to spouse living with the worker at the time of death. If there is no spouse eligible, it will be paid to children receiving monthly benefits. This claim must be filed with the nearest Social Security office.
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