ADMIRAL RAPHAEL SEMMES
CAMP #11
SONS OF CONFEDERATE VETERANS
MOBILE, ALABAMA
While the Veterans Administration has provided headstones for all veterans in the past, obtaining one has become more difficult in recent years. As stated on the U.S. Department of Veterans Affairs website: “The Code of Federal Regulations (CFR) 38.632 "Headstone and Marker Application Process" became effective on July 1, 2009. This regulation describes the processes required to apply for a Government headstone and marker, as well as request a new emblem of belief be added to the list of emblems available for inscription on headstones and markers.”
The problem of obtaining a headstone under the new regulations is twofold. First is the definition of “Next of Kin.” According to the Code of Federal Regulations (CFR) 38.632, “For purposes of resolving such disputes, next-of-kin means the living person(s) first listed as follows:
(A) The decedent’s children 18 years of age or older, or if the decedent does not have children, then
(B) The decedent’s parents, or if the decedent has no surviving parents, then
(C) The decedent’s siblings.”
The second problem is the death dates of the veterans of the War Between the States. The new regulations now states that headstones are provided for veterans who died AFTER November 1, 1990. These regulations are part of the Omnibus Reconciliation Act of 1990 (Public Law 101-508).
These regulations make it nearly impossible to obtain headstones, with only one exception. The VA website does state that, “Regardless of the date of death, the VA will furnish the unmarked grave of a veteran, in any cemetery anywhere in the world, with a government headstone or marker.”
For those who wish to try, the form is below. It may be downloaded, or filled out here and printed.
The problem of obtaining a headstone under the new regulations is twofold. First is the definition of “Next of Kin.” According to the Code of Federal Regulations (CFR) 38.632, “For purposes of resolving such disputes, next-of-kin means the living person(s) first listed as follows:
(A) The decedent’s children 18 years of age or older, or if the decedent does not have children, then
(B) The decedent’s parents, or if the decedent has no surviving parents, then
(C) The decedent’s siblings.”
The second problem is the death dates of the veterans of the War Between the States. The new regulations now states that headstones are provided for veterans who died AFTER November 1, 1990. These regulations are part of the Omnibus Reconciliation Act of 1990 (Public Law 101-508).
These regulations make it nearly impossible to obtain headstones, with only one exception. The VA website does state that, “Regardless of the date of death, the VA will furnish the unmarked grave of a veteran, in any cemetery anywhere in the world, with a government headstone or marker.”
For those who wish to try, the form is below. It may be downloaded, or filled out here and printed.
Resources:
“Veterans’ Benefits: Burial Benefits and National Cemeteries” prepared for members of Congress January 10, 2013
Headstones, Markers, and Private Cemetery Medallions
All veterans who were discharged for reasons other than dishonorable and whose deaths occurred on or after November 1, 1990, are eligible to receive government-furnished headstones or markers.(17) The VA only furnishes headstones or markers to veterans whose deaths occurred before November 1, 1990, if the graves are not marked with private headstones. Spouses and other eligible dependents of veterans are eligible for headstones or markers only if they are interred in national, military post/base, or state cemeteries.
Veterans or members of their families have the option of selecting flat bronze, granite, or marble markers, or upright granite or marble headstones. However, the chosen style must be consistent with existing monuments at the place of burial.(18) Under current federal regulation, individuals who served in the Armed Forces after September 7, 1980, must have served a minimum of 24 consecutive months on active duty to be eligible for this benefit. Exceptions can be made to this rule by the Secretary under certain circumstances (e.g., death while on active duty). Only the next of kin may apply for a headstone, a marker, or a medallion.(19)
Memorial headstones, markers, and medallions are available for individual veterans or groups of veterans including those who die while on active duty whose remains are not recovered or are unidentified, have remains buried at sea, have remains donated to science, or whose cremated remains have been scattered. Spouses and dependents whose remains are unavailable for interment may also be furnished with memorial headstones in national, military post/base, or state cemeteries. This service is not available for spouses and dependents who are buried in private cemeteries. The application for a government-furnished headstone or marker can be found on the VA website.(20)
Veterans whose deaths occurred on or after November 1, 1990, and are buried in privately marked graves in private cemeteries may elect to receive medallions instead of government-furnished headstones or markers. The medallion, which represents the status of the deceased as a veteran, may be furnished at the request of the veteran’s next of kin. The veteran cannot receive both a medallion and a government-furnished headstone or marker.
Regardless of the date of death, the VA will furnish the unmarked grave of a veteran, in any cemetery anywhere in the world, with a government headstone or marker.
(17) Prior to the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508), the VA provided headstone allowances for veterans eligible to be buried in a national cemetery, who were buried in a private cemetery.
(18) For more information, see 38 C.F.R. §30.632.
(19) For more information, see the “Government-Furnished Headstones and Markers” page.
(20) See Claim for standard government headstone or marker.
From the website Benefits.gov:
General Program Requirements
Any deceased Veteran discharged from the U.S. armed forces under conditions other than dishonorable is eligible for a government-furnished headstone or marker. Service after Sept. 7, 1980, as an enlisted person or after Oct. 16, 1981, as an officer, must be for a minimum of 24 consecutive months or be completed under special circumstances (e.g., death on active duty.)
For eligible Veterans that died before Nov. 1, 1990, by law, VA may only furnish a headstone or marker if the grave is unmarked.
For eligible Veterans that died on or after Nov. 1, 1990, there is no requirement that the grave be unmarked. When the grave is already marked, applicants will have the option to apply for either a traditional headstone or marker, or a medallion that will be affixed to an existing privately purchased headstone or marker.
Headstones and markers are furnished for eligible spouses and dependents of veterans, only when they are buried or memorialized in a national, military post/base or state veterans cemetery. Spouses and dependents buried in a private cemetery are not eligible for a government-furnished headstone or marker.
Veterans whose only active duty service was for training while in the National Guard or Reserves are not eligible unless there are special circumstances (e.g., death while on duty or as a result of training.)
Persons with 20 years of service in the National Guard or Reserves who are entitled to retired pay are also eligible for a government headstone or marker. A copy of the Reserve Retirement Eligibility Benefits Letter must accompany the application. Active duty service (other than active duty for training) while in the National Guard or Reserves also establishes eligibility.
“Veterans’ Benefits: Burial Benefits and National Cemeteries” prepared for members of Congress January 10, 2013
Headstones, Markers, and Private Cemetery Medallions
All veterans who were discharged for reasons other than dishonorable and whose deaths occurred on or after November 1, 1990, are eligible to receive government-furnished headstones or markers.(17) The VA only furnishes headstones or markers to veterans whose deaths occurred before November 1, 1990, if the graves are not marked with private headstones. Spouses and other eligible dependents of veterans are eligible for headstones or markers only if they are interred in national, military post/base, or state cemeteries.
Veterans or members of their families have the option of selecting flat bronze, granite, or marble markers, or upright granite or marble headstones. However, the chosen style must be consistent with existing monuments at the place of burial.(18) Under current federal regulation, individuals who served in the Armed Forces after September 7, 1980, must have served a minimum of 24 consecutive months on active duty to be eligible for this benefit. Exceptions can be made to this rule by the Secretary under certain circumstances (e.g., death while on active duty). Only the next of kin may apply for a headstone, a marker, or a medallion.(19)
Memorial headstones, markers, and medallions are available for individual veterans or groups of veterans including those who die while on active duty whose remains are not recovered or are unidentified, have remains buried at sea, have remains donated to science, or whose cremated remains have been scattered. Spouses and dependents whose remains are unavailable for interment may also be furnished with memorial headstones in national, military post/base, or state cemeteries. This service is not available for spouses and dependents who are buried in private cemeteries. The application for a government-furnished headstone or marker can be found on the VA website.(20)
Veterans whose deaths occurred on or after November 1, 1990, and are buried in privately marked graves in private cemeteries may elect to receive medallions instead of government-furnished headstones or markers. The medallion, which represents the status of the deceased as a veteran, may be furnished at the request of the veteran’s next of kin. The veteran cannot receive both a medallion and a government-furnished headstone or marker.
Regardless of the date of death, the VA will furnish the unmarked grave of a veteran, in any cemetery anywhere in the world, with a government headstone or marker.
(17) Prior to the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508), the VA provided headstone allowances for veterans eligible to be buried in a national cemetery, who were buried in a private cemetery.
(18) For more information, see 38 C.F.R. §30.632.
(19) For more information, see the “Government-Furnished Headstones and Markers” page.
(20) See Claim for standard government headstone or marker.
From the website Benefits.gov:
General Program Requirements
Any deceased Veteran discharged from the U.S. armed forces under conditions other than dishonorable is eligible for a government-furnished headstone or marker. Service after Sept. 7, 1980, as an enlisted person or after Oct. 16, 1981, as an officer, must be for a minimum of 24 consecutive months or be completed under special circumstances (e.g., death on active duty.)
For eligible Veterans that died before Nov. 1, 1990, by law, VA may only furnish a headstone or marker if the grave is unmarked.
For eligible Veterans that died on or after Nov. 1, 1990, there is no requirement that the grave be unmarked. When the grave is already marked, applicants will have the option to apply for either a traditional headstone or marker, or a medallion that will be affixed to an existing privately purchased headstone or marker.
Headstones and markers are furnished for eligible spouses and dependents of veterans, only when they are buried or memorialized in a national, military post/base or state veterans cemetery. Spouses and dependents buried in a private cemetery are not eligible for a government-furnished headstone or marker.
Veterans whose only active duty service was for training while in the National Guard or Reserves are not eligible unless there are special circumstances (e.g., death while on duty or as a result of training.)
Persons with 20 years of service in the National Guard or Reserves who are entitled to retired pay are also eligible for a government headstone or marker. A copy of the Reserve Retirement Eligibility Benefits Letter must accompany the application. Active duty service (other than active duty for training) while in the National Guard or Reserves also establishes eligibility.
Since the new regulations have the force of Public Law, Write your senator and congressman and ask for a change to the Omnibus Reconciliation Act of 1990.
| cfr-2010-title38-vol2-sec38-632.pdf |
| benefits.gov_-_headstones_markers_and_medallions_for_placement_in_private_cemeteries.pdf |
| congerssional_research_service_-_veteran_burial_benefits.pdf |
| va40-1330.pdf |
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