M21-1, Part VII, Chapter 1, Section D – Memorialization

In This Section

Introduction

Change Date

VII.1.D.1.a.Qualifying Eligibility for a Certificate

• Veterans who received an “honorable” or “general under honorable conditions” discharge, and
• Servicemembers who died while on active military service.

VII.1.D.1.b.  Who Is Eligible to Receive Certificate

• next-of-kin
• relative or friend upon request, or
• authorized service organization representatives acting on behalf of a relative or friend of the deceased Veteran.

VII.1.D.1.c. When a Certificate Is Not Authorized

• presumed death of a Veteran
• the Veteran is missing
• private organizations wishing to honor deceased members by displaying Certificates
• when there is any question concerning the type of discharge the Veteran received from the Armed Forces
• when a Veteran has been convicted of a Federal capital crime and sentenced to death or life imprisonment
• when a Veteran has been convicted of a State capital crime and sentenced to death or life imprisonment without parole
• when a Veteran has committed a Federal or State capital crime, but has not been convicted by reason of being unavailable for trial due to death or flight to avoid prosecution, or
• when a Veteran has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act, and for such crime, has been sentenced to a minimum of life imprisonment, and whose conviction is final.

• As it applies to processing a Certificate claim in Share, a written notice of conviction of capital crimes or sex crimes prior to approval of the Certificate request is not required.  In cases of conviction of capital crimes or sex crimes, the prohibitions do not apply unless written notice of conviction is received before approval of the application for a Certificate. The notice is furnished by the Attorney General in the case of a Federal crime, and by the appropriate State official in the case of a State crime.
• In cases where the Veterans Benefits Administration (VBA) employee has a reasonable knowledge of, or suspects the decedent’s potential involvement in a capital crime or sex crime (news article, high profile notice, TV or Radio report), the Certificate request must not be processed until verification or validation for eligibility is established.

• prohibitions based on capital or State crimes, see 38 U.S.C. 2411, and
• the Sex Offender Registration and Notification Act, see 42 U.S.C. 16901.

VII.1.D.1.d.Multiple Periods of Service and Characters of Discharge

VII.1.D.1.e.Verification of the Veteran’s Service for Certificates

• the Beneficiary Identification and Records Locator Subsystem (BIRLS), or
• other evidence of qualifying service, such as an original or certified copy of the Veteran’s DD Form 214, Certificate of Release or Discharge from Active Duty.

VII.1.D.1.f.  Using the CERTIFICATE Screen

• during claims establishment
• during first notice of death (FNOD) processing, or
• by using the PRESIDENTIAL MEMORIAL CERTIFICATE command.

VII.1.D.1.g.  Ensuring Accuracy on the Certificate

• When entering the Veteran’s name, it is extremely important to use proper spelling, punctuation, and letter case.
• If the Veteran’s name is not displayed correctly, it can be corrected by typing the true name in the fields provided in the upper right section of the PRESIDENTIAL MEMORIAL CERTIFICATE screen.
• Entries should be in upper and lower case, as appropriate. Never use all capital letters when entering information in the VETERAN NAME field.
• Use a comma between the Veteran’s name and “Jr.” or “Sr.”
• Do not use a comma between the Veteran’s name and “II,” “III,” “IV,” and so on.
• Check that the title and recipient name and the full delivery address is entered (street number and name, or U.S. Post Office Box number, city, state, and zip code) of the person who is to receive the Certificate is accurate; otherwise, the Certificate may not reach the intended recipient.
• Write out the complete address, including the name of the country, when sending a Certificate to a foreign address. In the five-position zip code field, enter “FZ,” plus the appropriate three-position country code.

VII.1.D.1.h.  Issuing Certificates

VII.1.D.1.i.  Annotating Certificate Mail

• Certificate is issued, or
• FNOD is processed and a Certificate is not issued.

• Presidential Memorial Certificate issued 10/23/15, NEF.
• Presidential Memorial Certificate not issued 10/14/16, CLP.
• Presidential Memorial Certificate request sent to NCA 10/15/15, REJ.

VII.1.D.1.j.  Veteran’s Service Cannot Be Verified for Certificates

VII.1.D.1.k.  Requests for Multiple Certificates

VII.1.D.1.l.  Handling Certificate Requests When Character of Discharge Is Less Than General Under Honorable

• furnish notice of procedural and appellate rights, or
• make a character of discharge determination solely to determine eligibility for the Certicate.

VII.1.D.1.m.  Printing Certificates

Introduction

Change Date

VII.1.D.2.a.   Veterans Eligible for a Burial Flag

• served during wartime
• died on active duty after May 27, 1941
• served after January 31, 1955, or
• was a peacetime Veteran who was discharged or released before June 27, 1950.

• Veterans who served in the Philippine military forces while such forces were in the service of the U.S. armed forces under the President’s Order of July 26, 1941 and died on or after April 25, 1951,
• Veterans who served in the Philippine military services are eligible for burial in a national cemetery
• Veterans who were entitled to retired pay for service in the reserves, or would have been entitled to such pay but not for being under 60 years of age, or
• members or former members of the Selected Reserve (Army, Air Force, Coast Guard, Marine Corps, or Naval Reserve; Air National Guard; or Army National Guard) who served at least one enlistment or, in the case of an officer, the period of initial obligation, or were discharged for disability incurred or aggravated in line of duty, or died while a member of the Selected Reserve.

VII.1.D.2.b.  Veterans Who Are Not Eligible for a Burial Flag

• a person who has been convicted of a Federal capital crime and sentenced to death or life imprisonment
• a person who has been convicted of a State capital crime and sentenced to death or life imprisonment without parole, or
• a person who has committed a Federal or State capital crime but has not been convicted of such crime by reason of being unavailable for trial due to death or flight to avoid prosecution.

• a tier III sex offender for purposes of the Sex Offender Registration and Notification Act
• has been sentenced to a minimum of life imprisonment for the crime, and
• whose conviction is final.

• forfeiture of benefits for subversive activities, see
  • 38 CFR 3.903, and
  • M21-1, Part III, Subpart vi, 5.B.2.c
• burial flags, see
  • 38 U.S.C. 2301, and
  • 38 CFR 1.10.

VII.1.D.2.c.  Required Application for a Burial Flag

VII.1.D.2.d.  Who May Receive a Burial Flag

VII.1.D.2.e.  Obtaining a Burial Flag

• Issuing a flag may not be delayed or refused because appropriate documentation is not available at the time of request.
• When flag eligibility is in doubt, the nearest VA regional office (RO) may be contacted for assistance in clarifying the deceased Veteran’s status; however, due to time sensitivity, a properly completed VA Form 27-2008verifying eligibility will be accepted.
• A flag may be issued subsequent to interment when circumstances prevent securing one to drape the casket.  There is no time limit for request of a flag.
• Only one flag may be issued for each deceased Veteran.

VII.1.D.2.f.    Issuing a Burial Flag to Next-of-Kin

• surviving spouse
• children, in order of age
• parents
• brothers or sisters
• uncles or aunts
• nephews or nieces, and
• others, such as cousins or grandparents.

VII.1.D.2.g.  Issuing a Burial Flag to Close Friend or Associate

VII.1.D.2.h.  When MoreThan One Claim for a Burial Flag Is Received

VII.1.D.2.i.  Who May Issue a Burial Flag

• VA regional offices (ROs)
• other VA installations
• U.S. Post Offices
• hospitals and sanitariums under contract with VA, or
• Federally-aided State Veterans’ homes, or

VII.1.D.2.j.  Initial Process for Burial Flag Issuing Offices

• All issuing offices are initially supplied with an operating inventory of flags based upon demand and other local conditions.
• PMCs do not issue burial flags.

VII.1.D.2.k.  VSC Responsibilities Upon Receipt of VA Form 27-2008 From a Burial Flag Issuing Office

• Issuing a flag may not be delayed or refused because additional attached documentation, such as discharge certificate or DD Form 214 is not available at the time of request, as long as the requestor signs the application certifying eligibility.
• PMCs do not process VA Form 27-2008 applications.

VII.1.D.2.l.  Availability of Burial Flags

VII.1.D.2.m.  Replenishing Burial Flags

• U.S. Post Offices and VSCs may view the most current list of POCs at theSDC website.
• U.S. Post Offices currently being replenished directly by the VA Service and Distribution Center in Hines, IL, will continue to do so by submittingVA Forms 27-2008 and accompanying documentation to the SDC.

VII.1.D.2.n.  Donation of Burial Flags to VA National Cemeteries

• given or mailed to the director of any national cemetery selected by the donor, and
• accompanied by a written request that the flag be flown in that cemetery.

• accept it along with a written statement, and
• forward it to the cemetery chosen by the donor.

Introduction

Change Date

VII.1.D.3.a.  Who Is Eligible for a Government Headstone or Marker

• is buried in a national, State-owned, or post cemetery, or
• is eligible for burial in a national cemetery but not buried there, provided the Veteran
  • meets the length of service requirements as established by PL 96-342
  • died while on active military, naval, or air service
  • was a member of the Reserve Officer Training Corps of the Army, Navy, or Air Force, whose death occurred while attending or on authorized travel to a training camp or practice cruise, or while hospitalized or undergoing treatment at the expense of the U.S. for injury or disease incurred during an authorized training camp or practice cruise
  • was a member of the Reserve component of the Armed Forces or the Army National Guard, whose death occurred while hospitalized or undergoing treatment at the expense of the U.S. for injury or disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training
  • was a member of specifically designated groups recognized as Veterans as a result of 1977 legislation allowing the Department of Defense to grant military discharges for certain wartime service previously considered civilian, or
  • was a soldier of the Union and Confederate Armies of the Civil War.

VII.1.D.3.b.  Who Is Not Eligible for a Government Headstone or Marker

• convicted of a Federal capital crime for which that person was sentenced to death or life imprisonment
• convicted of a State capital crime for which that person was sentenced to death or life imprisonment without parole
• found to have committed a Federal or State capital crime but has not been convicted by reason of being unavailable for trial due to death or flight to avoid prosecution
• convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act, and for such crime
  • sentenced to a minimum of life imprisonment, and
  • whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).

VII.1.D.3.c.  Government Headstone or Marker for Deaths Before November 1, 1990

VII.1.D.3.d.  Government Headstone or Marker for Deaths on or After November 1, 1990

VII.1.D.3.e.  Furnishing a Memorial Headstone or Marker When There Is No Grave

• have not been recovered or identified, or
• were
  • buried at sea
  • donated to medical science, or
• cremated and the remains scattered.

VII.1.D.3.f.  Costs Associated with Transportation and Placement of a Government Headstone or Marker

• transportation of the headstone from the consignee’s address to the private cemetery, or
• erection of the headstone at the grave.

VII.1.D.3.g.  Required Application for a Government Headstone or Marker

VII.1.D.3.h.  Address for Referral of Requests for a Government Headstone or Marker

VII.1.D.3.i.  Eligibility Requirements for Reimbursement of Non-Government Headstones and Markers

• been buried on or after October 18, 1978
• died prior to November 1, 1990, and
• been otherwise entitled to a government headstone or marker.

• Award reimbursement for a non-government headstone or marker can be made for a Veteran who died before his/her service was recognized underPL 95-202, if he or she meets the eligibility requirements listed above.
• The deceased’s grave or memorial site must not have been previously marked for the deceased.
• The headstone or marker must have been privately purchased for placement in a non-national cemetery.
• The rate of reimbursement is the rate that was effective at the time the non-government headstone or marker was purchased.

• the amount payable  for non-Government headstones and markers, see M21-1, Part VII, 1.D.3.n,
• the enactment of headstone and marker reimbursement, see PL 95-476,
• the repeal of headstone and marker reimbursement, see PL 101-508, and
• Veterans who died before their service was recognized, see
  • PL 95-202, and
  • 38 CFR 3.7(x).

VII.1.D.3.j.  Required Application for Headstone Reimbursement

VII.1.D.3.k.  Eligible Claimants for Non-Government Headstones

VII.1.D.3.l.  Required Evidence for Reimbursement or Marker Expenses

• the name of the deceased Veteran for whom the headstone, marker, or additional engraving was purchased,
• a description of the nature and cost of the merchandise or services
• the name of the persons who made payment, and
• the amount of any unpaid balance.

• Do not accept an affidavit or other statement by the claimant purporting to show payment in lieu of a receipted bill.
• Retain all evidence received in connection with the claim and do notreturn receipts submitted in support of it.

VII.1.D.3.m.  Time Limit for Headstone Reimbursement

VII.1.D.3.n.  Amount Payable for Non-Government Markers

• actual cost of the non-government headstone, marker, or additional engraving, or
• amount determined by NCA to be in effect at the time of purchase.

VII.1.D.3.o.  Priority of Payment

VII.1.D.3.p.  Reimbursement for Prepaid Headstones or Markers

VII.1.D.3.q.   Reimbursement When No Administrator or Executor Exists

• signs a statement attesting to this fact, and
• indicates that he/she will distribute the payment under the laws of the State of the decedent’s domicile.