JJones Past Commander

VFW Dept. Of Utah 1999-2001

Title 10 Military Funerals

TITLE 10, UNITED STATES CODE - ARMED FORCES

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

 

Sec. 1491. Funeral honors functions at funerals for veterans

 

-STATUTE-


      (a) Availability of Funeral Honors Detail Ensured. – The Secretary of Defense shall ensure that, upon request, a funeral honors detail is provided for the funeral of any veteran, except when military honors are prohibited under section 985(a) of this title.

 

      (b) Composition of Funeral Honors Details. - (1) The Secretary of each military department shall ensure that a funeral honors detail for the funeral of a veteran consists of two or more persons.

 

      (2) At least two members of the funeral honors detail for a veteran's funeral shall be members of the armed forces (other than members in a retired status), at least one of whom shall be a member of the armed force of which the veteran was a member. The remainder of the detail may consist of members of the armed forces (including members in a retired status), or members of veterans organizations or other organizations approved for purposes of this section under regulations prescribed by the Secretary of Defense.  Each member of the armed forces in the detail shall wear the uniform of the member's armed force while serving in the detail.

 

      (c) Ceremony. - A funeral honors detail shall, at a minimum, perform at the funeral a ceremony that includes the folding of a United States flag and presentation of the flag to the veteran's family and the playing of Taps. Unless a bugler is a member of the detail, the funeral honors detail shall play a recorded version of Taps using audio equipment which the detail shall provide if adequate audio equipment is not otherwise available for use at the funeral.

 

      (d) Support. - (1) To support a funeral honors detail under this section, the Secretary of a military department may provide the following:

 

        (A) For a person who participates in a funeral honors detail (other than a person who is a member of the armed forces not in a retired status or an employee of the United States), either      transportation (or reimbursement for transportation) and expenses or the daily stipend prescribed under paragraph (2).

 

        (B) For members of a veterans organization or other organization referred to in subsection (b)(2) and for members of the armed forces in a retired status, materiel, equipment, and training.

 

        (C) For members of a veterans organization or other organization referred to in subsection (b)(2), articles of clothing that, as determined by the Secretary concerned, are appropriate as a civilian uniform for persons participating in a funeral honors detail.

 

      (2) The Secretary of Defense shall prescribe annually a flat rate daily stipend for purposes of paragraph (1)(A). Such stipend shall be set at a rate so as to encompass typical costs for transportation and other miscellaneous expenses for persons participating in funeral honors details who are members of the armed forces in a retired status and other persons who are not members of the armed forces or employees of the United States.

 

      (3) A stipend paid under this subsection to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under section 435(a)(2) of title 37 and any other compensation to which the member may be entitled.

 

      (e) Waiver Authority. - (1) The Secretary of Defense may waive any requirement provided in or pursuant to this section when the Secretary considers it necessary to do so to meet the requirements of war, national emergency, or a contingency operation or other military requirements. The authority to make such a waiver may not be delegated to an official of a military department other than the Secretary of the military department and may not be delegated    within the Office of the Secretary of Defense to an official at a level below Under Secretary of Defense.

 

      (2) Before or promptly after granting a waiver under paragraph (1), the Secretary shall transmit a notification of the waiver to the Committees on Armed Services of the Senate and House of Representatives.

 

      (f) Regulations. - The Secretary of Defense shall prescribe regulations to carry out this section. Those regulations shall include the following:

 

        (1) A system for selection of units of the armed forces and other organizations to provide funeral honors details.

 

        (2) Procedures for responding and coordinating responses to requests for funeral honors details.

 

        (3) Procedures for establishing standards and protocol.

 

        (4) Procedures for providing training and ensuring quality of performance.

 

      (g) Annual Report. - The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report not later than January 31 of each year beginning with 2001 and ending with 2005 on the experience of the Department of Defense under this section. Each such report shall provide data on the number of funerals supported under this section, the cost for that support, shown by manpower and other cost factors, and the number and costs of funerals supported by each participating organization. The data in the report shall be presented in a standard format, regardless of military department or other organization.

 

      (h) Veteran Defined. - In this section, the term "veteran" means a decedent who -

 

        (1) served in the active military, naval, or air service (as defined in section 101(24) of title 38) and who was discharged or released therefrom under conditions other than dishonorable; or

 

        (2) was a member or former member of the Selected Reserve described in section 2301(f) of title 38.

Military Funerals Title 10 Chapter 49

TITLE 10, UNITED STATES CODE - ARMED FORCES

CHAPTER 49 - MISCELLANEOUS PROHIBITIONS AND PENALTIES
Subtitle A - General Military Law

PART II - PERSONNEL


Sec. 985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits

 

-STATUTE-


      (a) Prohibition of Performance of Military Honors. - The Secretary of a military department and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating    as a service in the Navy, may not provide military honors (under section 1491 of this title or any other authority) at the funeral or burial of any of the following persons:


        (1) A person described in section 2411(b) of title 38.

 

        (2) A person who is a veteran (as defined in section 1491(h) of this title) or who died while on active duty or a member of a reserve component, when the circumstances surrounding the    person's death or other circumstances as specified by the Secretary of Defense are such that to provide military honors at the funeral or burial of the person would bring discredit upon the person's service (or former service).

 

      (b) Disqualification From Burial in Military Cemeteries. - A person who is ineligible for interment in a national cemetery under the control of the National Cemetery Administration by reason of section 2411(b) of title 38 is not entitled to or eligible for, and may not be provided, burial in -

 

        (1) Arlington National Cemetery;

 

        (2) the Soldiers' and Airmen's National Cemetery; or

 

        (3) any other cemetery administered by the Secretary of a military department or the Secretary of Defense.

 

      (c) Definition. - In this section, the term "burial" includes inurnment.

Military Funerals Title 38 Chapter 24

TITLE 38, UNITED STATES CODE - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

 

Sec. 2411. Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing Federal or State capital crimes

 

-STATUTE-


      (a)(1) In the case of a person described in subsection (b), the appropriate Federal official may not -

 

        (A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or

 

        (B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).

 

      (2) In the case of a person described in subsection (b)(1) or (b)(2), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1) or

    (b)(2), as the case may be, is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such person. Such written notice    shall be furnished to such official by the Attorney General, in the case of a Federal capital crime, or by an appropriate State official, in the case of a State capital crime.


      (b) A person referred to in subsection (a) is any of the following:

 

        (1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).

 

        (2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).

 

        (3) A person who -

          (A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but

 

          (B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

 

      (c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an

opportunity for a hearing in a manner prescribed by the appropriate Federal official.

 

      (d) For purposes of this section:

        (1) The term "Federal capital crime" means an offense underFederal law for which a sentence of imprisonment for life or the death penalty may be imposed.

 

        (2) The term "State capital crime" means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.


        (3) The term "appropriate Federal official" means -

 

          (A) the Secretary, in the case of the National Cemetery Administration; and

 

          (B) the Secretary of the Army, in the case of Arlington National Cemetery.

VA Burial Benefits

Information Courtesy of (Ski (Larry) Gorski.


 

VA Burial Benefits

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net

Wed Apr 4, 2012 11:52 am (PDT)

http://www.cem. va.gov/

http://www.vba. va.gov/VBA/ benefits/ factsheets/ burials/Burial. pdf

Department of Veterans

Burial and Plot-Interment Allowances

What Are VA Burial Allowances?

VA burial allowances are partial reimbursements of an eligible Veteran's burial and funeral costs. When

the cause of death is not service related, the reimbursements are generally described as two payments:

(1) a burial and funeral expense allowance, and (2) a plot or interment allowance.

Who Is Eligible?

You may be eligible for a VA burial allowance if:

„h you paid for a Veteran's burial or funeral, AND

„h you have not been reimbursed by another government agency or some other source, such as the

deceased veteran's employer, AND

„h the Veteran was discharged under conditions other than dishonorable.

In addition, at least one of the following conditions must be met:

„h the Veteran died because of a service-related disability, OR

„h the Veteran was receiving VA pension or compensation at the time of death, OR

„h the Veteran was entitled to receive VA pension or compensation, but decided not to reduce his/her

military retirement or disability pay, OR

„h the Veteran died while hospitalized by VA, or while receiving care under VA contract at a non-VA

facility, OR

„h the Veteran died while traveling under proper authorization and at VA expense to or from a specified

place for the purpose of examination, treatment, or care, OR

„h the Veteran had an original or reopened claim pending at the time of death and has been found

entitled to compensation or pension from a date prior to the date or death, OR

„h the veteran died on or after October 9, 1996, while a patient at a VA-approved state nursing home.

How Much Does VA Pay?

Service-Related Death. VA will pay up to $2,000 toward burial expenses for deaths on or after

September 11, 2001. VA will pay up to $1,500 for deaths prior to September 10, 2001. If the Veteran is

buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed.

Non-service- Related Death. For deaths on or after October 1, 2011, VA will pay up to $700 toward

burial and funeral expenses (if hospitalized by VA at time of death), or $300 toward burial and funeral

expenses (if not hospitalized by VA at time of death), and a $700.00 plot-interment allowance (if not

buried in a national cemetery). For deaths on or after December 1, 2001, but before October 1, 2011, VA

will pay up to $300 toward burial and funeral expenses and a $300 plot-interment allowance. The plotinterment

allowance is $150 for deaths prior to December 1, 2001. If the death happened while the

Veteran was in a VA hospital or under VA contracted nursing home care, some or all of the costs for

transporting the Veteranˇ¦s remains may be reimbursed. An annual increase in burial and plot allowances,

for deaths occurring after October 1, 2011, begins in fiscal year 2013 based on the Consumer Price Index

for the preceding 12-month period.

How Can You Apply?

You can apply by filling out VA Form 21-530, Application for Burial Benefits. You should attach a copy of

the veteranˇ¦s military discharge document (DD 214 or equivalent), death certificate, funeral and burial

bills. They should show that you have paid them in full. You may download the form at

http://www.va. gov/vaforms/

Related Benefits

VA National Cemetery Burials / Headstones and Markers / Presidential Memorial Certificates / Burial Flags

For More Information, Call Toll-Free 1-800-827-1000

or Visit Our Web Site at
http://www.va. gov

Compensation Service ˇV November 2011

Paul Sutton "Dominus Fortissima Turris"
Patriotism: Supporting your Country ALL THE TIME; and, your government when
it deserves it - MARK TWAIN
IF YOU DON'T STAND BEHIND OUR TROOPS,
PLEASE, FEEL FREE TO STAND IN FRONT OF THEM !!!
"Freedom is not free . . . but the U.S. Military will pay most of your share."
Pacifism is a luxury paid for by warriors!!
America Does Not Deserve Her Military!