a. 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.
b. 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.
c. 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;
(a) 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;
(b) Served in the Philippine Islands on December 7, 1941, and continuously in such
islands thereafter; or,
(c) 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).
d. 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:
(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.
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
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.
Persons NOT Eligible for a Headstone or Marker
a. 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.
b. Discharge from Draft
A person who was ordered to report to an induction station, but was not actually
inducted into military service.
c. Person Found Guilty of a Capital Crime
Eligibility for a headstone or marker 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 requests for headstones or markers 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.
d. 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.
e. 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 following criteria.
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.
f. 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.
