Eligibility
Burial & Memorials
Eligibility
Persons Eligible for Burial in a VA National Cemetery
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. VA Regional Offices will also
assist in determining eligibility for burial in a VA national cemetery.
The toll-free number for the nearest VA Regional Office is
1-800-827-1000.
a. Veterans and Members of the Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard)
(1) Any member of the Armed Forces of the United States who dies on active duty.
(2) 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 continuous months or
the full period for which the person was called to active duty (as in
the case of a Reservist called to active duty for a limited duration).
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.
(3) Any citizen of the United States who, during any war in which the
United States has or may 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.
b. Members of Reserve Components and Reserve Officers' Training Corps
(1) 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.
(2) Members of reserve components, and members of the Army National
Guard or the Air National Guard, 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.
(3) 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.
(4) 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 or certain
cardiovascular disorders incurred or aggravated in line of duty.
c. Commissioned Officers, National Oceanic and Atmospheric Administration
(1) 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.
(2) A Commissioned Officer who served before July 29, 1945, and,
(a) Was assigned to an area of immediate
military hazard as determined by the Secretary of Defense while in time
of war, or in a Presidentially declared national emergency; or,
(b) Served in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter.
d. Public Health Service
(1) 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.
(2) Commissioned Officer of the Regular or Reserve Corps of the
Public Health Service who performed full-time duty prior to July 29,
1945:
(a) In time of war;
(b) On detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or,
(c) While the Service was part of the military forces of the United States pursuant to Executive Order of the President.
(3) 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.
e. World War II Merchant Mariners
(1)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 on or after the enactment of Public
Law 105-368.
(2) United States Merchant Mariners who served on blockships in support of Operation Mulberry during World War II.
f. The Philippine Armed Forces
(1) Any Philippine veteran who was a
citizen of the United States or an alien lawfully admitted for
permanent residence in the United States at the time of their death;
and resided in the United States at the time of their death; and,
(a) Was a person who served before
July 1, 1946, in the organized military forces of the Government of the
Commonwealth of the Philippines, while such forces were in the service
of the Armed Forces of the United States pursuant to the military order
of the President dated July 26, 1941, including organized guerilla
forces under commanders appointed, designated, or subsequently
recognized by the Commander in Chief, Southwest Pacific Area, or other
competent authority in the Army of the United States, and who died on
or after November 1, 2000; or,
(b) Was a person who enlisted between October 6, 1945, and June 30,
1947, with the Armed Forces of the United States with the consent of
the Philippine government, pursuant to section 14 of the Armed Forces
Voluntary Recruitment Act of 1945, and who died on or after December
16, 2003.
g. Spouses and Dependents
(1) The spouse or surviving spouse of an
eligible veteran is eligible for interment in a national cemetery even
if that veteran is not buried or memorialized in a national cemetery.
In addition, the spouse or surviving spouse of a member of the Armed
Forces of the United States whose remains are unavailable for burial is
also eligible for burial.
(2) The surviving spouse of an eligible veteran who had a subsequent
remarriage to a non-veteran and whose death occurred on or after
January 1, 2000, is eligible for burial in a national cemetery, based
on his or her marriage to the eligible veteran.
(3) The minor children of an eligible veteran. For purpose of burial
in a national cemetery, a minor child is a child who is unmarried and:
(a) Who is under 21 years of age; or,
(b) Who is under 23 years of age and pursuing a full-time course of instruction at an approved educational institution.
(4) The unmarried adult child of an eligible veteran. For purpose of
burial in a national cemetery, an unmarried adult child is:
Of any age but became permanently physically or mentally disabled
and incapable of self-support before reaching 21 years of age, or
before reaching 23 years of age if pursuing a full-time course of
instruction at an approved educational institution. Proper supporting
documentation must be provided.
h. 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 Defense (Public Law 95-202, § 401, and 38
CFR § 3.7(x)).