For purposes of this section, “immediate family members” are defined as surviving spouse, whether or not he or she is remarried all adult children of the decedent the appointed guardian(s) of minor children and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. Disinterment from a national cemetery will be approved only when all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), give their written consent, or when a court order or State instrumentality of competent jurisdiction directs the disinterment. Disinterment will be permitted only for cogent reasons and with the prior written authorization of the National Cemetery Area Office Director or Cemetery Director responsible for the cemetery involved. (a ) Interments of eligible decedents in national cemeteries are considered permanent and final. 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. Personal representative means a family member or other individual who has identified himself or herself to the National Cemetery Administration as the person responsible for making decisions concerning the interment of the remains of or memorialization of a deceased individual. Memorialization means any action taken to honor the memory of a deceased individual. Life imprisonment means a sentence of a Federal or State criminal court directing confinement in a penal institution for life. Interment means the burial of casketed remains or the placement or scattering of cremated remains. (a ) The following definitions apply to this part:Īppropriate State official means a State attorney general or other official with statewide responsibility for law enforcement or penal functions.Ĭlear and convincing evidence means that degree of proof which produces in the mind of the fact-finder a firm belief regarding the question at issue.Ĭonvicted means a finding of guilt by a judgment or verdict or based on a plea of guilty, by a Federal or State criminal court.įederal capital crime means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed. Reimbursement for caskets and urns for unclaimed remains of veterans.īurial headstones and markers medallions.Īdditional factors for deciding applications. Requests for interment, committal services or memorial services, and funeral honors. Prohibition of interment or memorialization of persons who have been convicted of Federal or State capital crimes or certain sex offenses.įindings concerning commission of a capital crime where a person has not been convicted due to death or flight to avoid prosecution. Names for national cemeteries and features. National Cemeteries of the Department of Veterans AffairsĪdvisory Committee on Cemeteries and Memorials.