Chapter 01. Burial in State Veterans' Cemeteries

A veteran who was a legal resident of Maryland:

A veteran who was a legal resident of Maryland for less than 2 years if the Department determines that there are compelling reasons for waiving the 2-year residence requirement;

The spouse, widow, or widower of an eligible veteran or service member, including the widow or widower of a U.S. Armed Forces member lost or buried at sea, or officially determined to be permanently absent in a status of “missing” or “missing in action”, who met the legal residence requirements at the time the eligible veteran or service member was last known to have been alive;

The children younger than 21 years old of an eligible veteran, or those younger than 23 years old if they are completing education or training at an approved educational institution at the time of death; and

The unmarried adult children of an eligible veteran, if the children became permanently incapable of self-support because of a physical or mental disability before reaching 21 years old, except that burial of an adult child must first be approved by the Secretary, or the Secretary's designee.

The burden of proof in establishing eligibility for burial in a State veterans' cemetery is on the veteran, the veteran's next of kin or legal representative, or the executor or administrator of the veteran's estate.

Representatives of the Department shall render assistance in establishing eligibility.

The following individuals are not eligible for burial in the State veterans' cemeteries:

Under 38 U.S.C. §2411, burial or memorialization in a U.S. Veterans Administration 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 that crime because of flight to avoid prosecution or by death prior to trial.

The Secretary of the U.S. Department of Veterans Affairs is authorized to provide aid to states for the establishment, expansion, improvement, or all of these, of veterans' cemeteries on the condition that the state is willing to prohibit burial or memorialization in these cemeteries of individuals convicted of federal or state capital crimes, or who have been found by clear and convincing evidence to have committed these 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)).

The prohibition under §D of this regulation is also extended to other burial benefits, including furnishing a Presidential memorial certificate, a burial flag, or a headstone or marker.

One gravesite shall be assigned for the burial of an eligible veteran and the eligible members of the veteran's immediate family. If a family member is to be buried, burial shall be either above or below the veteran.

A particular gravesite may not be reserved in advance. Assignment of a gravesite is made on the basis of availability at the cemetery closest to the veteran's home at the time a request for interment is received, and after eligibility of the veteran or member of the veteran's immediate family is established.

A qualified veteran or member of the veteran's family may apply in advance for eligibility for interment in a State veterans' cemetery by filing a pre-application with the Department, and furnishing appropriate evidence of honorable military service and legal residence within the State. Applicants shall be notified of the action taken on their request by the appropriate State veterans' cemetery. At the time of the death of the veteran or eligible family member, the veteran's continued eligibility for burial must be confirmed.

A grave liner is required for burial of all casketed remains in a State veterans' cemetery.

Burial Benefit.

An eligible family member shall be buried in the plot assigned to the veteran or in the next available plot.

Check Policy.

If a burial vault is desired, arrangements for its installation shall be made independently by the veteran, surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate. The cost of the vault and installation may not be paid by the Department.

A burial permit is required in accordance with the regulations established by the State and local authorities before burial may be made.

If a veteran is to be buried in a State veterans' cemetery before verification of the veteran's eligibility, the surviving next of kin, legal representative, or the administrator, personal representative, or executor of the veteran's estate first shall agree in writing to have the remains removed from the cemetery without expense to the State if it is finally determined that the burial was not lawful under existing law and regulations.

If the spouse, dependent minor children, or disabled adult children precede the eligible veteran in death, the veteran shall execute an agreement electing to be buried in the same gravesite before burial may be made in a State veterans' cemetery. If the veteran decides not to abide by the agreement, or the veteran's legal representative fails to abide by that agreement, for any reason other than the unrecoverability of remains, the remains of the family member buried in the State veterans' cemetery shall be removed without cost to the State.

A veteran, or the veteran's legal representative or next of kin, may appeal a decision as to the eligibility of a veteran, or members of the veteran's immediate family, for burial in a State veterans' cemetery.

The appeal shall be in writing, and filed with the Secretary or the Secretary's designee.

If the matter on appeal concerns the right of immediate burial of an individual, the Secretary or the Secretary's designee shall respond to the appeal within 48 hours of its submission.

The standard grave marker in a State veterans' cemetery shall be the flat type and made of bronze or stone. Placement of any type other than the standard flat type of marker or headstone must first be approved by the Department.

A permanent type of grave marker may not be furnished at State expense. An appropriate marker, with inscription, will be furnished by the U.S. Department of Veterans Affairs for each veteran through the proper procedures established by the United States Department of Veterans Affairs.

The superintendent of the cemetery, or the superintendent's representative, shall assist with the filing of an application for a grave marker.

The Department is not responsible for damage to, or destruction of, a grave marker or other grave monument by individuals other than employees assigned to that cemetery by the Department.

Whenever unusual circumstances warrant, the remains of a veteran who met the eligibility requirements for burial in a veterans' cemetery at the time of death may be moved to a Maryland veterans' cemetery for reburial. If the remains of a member of an eligible veteran's immediate family are buried elsewhere, and the veteran wishes them to be reburied in the veteran's plot in a State veterans' cemetery, this also may be done. However, in both instances, the conditions described in this regulation apply.

Documentary evidence of the veteran's eligibility for burial shall first be presented to the superintendent of the veterans' cemetery where the burial is to be made.

Detailed supporting evidence, together with a request for reburial shall then be filed with the State Veterans' Cemetery Superintendent and the Director of Cemetery and Memorial Programs.

If permission for the reburial is granted, a formal agreement shall then be made between the veteran or the veteran's legal representative, the living immediate family members, as well as any other living survivors or heirs, and the Department. A notarized statement signed by all the parties concerned, declaring that there is no objection to the disinterment and reburial, shall be included with the agreement.

All permits required for the disinterment, the transportation, and the reburial of the remains in a State veterans' cemetery shall be furnished by the funeral director concerned. State funds may not be expended to assist with the disinterment.

If a veteran, who had an immediate family member buried in a grave plot assigned to the veteran, fails to abide by the veteran's agreement to be buried in the same plot, the veteran's heirs and assigns shall have the remains of the family member removed from the cemetery, at no cost to the State.

A burial in a State veterans’ cemetery is considered permanent. However, for compelling or convincing reasons, a disinterment may be permitted if there is no cost to the State and the following conditions are fulfilled: