Persons NOT Eligible for Burial in a VA National Cemetery
http://www.cem.va.gov/bbene/eligible.asp
a. Former Spouses
A former spouse of an eligible
individual whose marriage to that individual has been terminated by
annulment or divorce, if not otherwise eligible.
b. Other Family Members
Family members of an eligible person except those defined as eligible in Section III, paragraph g.
c. Disqualifying Characters of Discharge
A person whose only separation from the
Armed Forces was under dishonorable conditions or whose character of
service results in a bar to veterans benefits.
d. Discharge from Draft
A person who was ordered to report to an induction station, but was not actually inducted into military service.
e. Person Found Guilty of a Capital Crime
Under 38 U.S.C. § 2411, interment or
memorialization in a VA national cemetery or in Arlington National
Cemetery is prohibited if a person is convicted of a Federal or State
capital crime, for which a sentence of imprisonment for life or the
death penalty may be imposed and the conviction is final. Federal
officials may not inter in veterans cemeteries persons who are shown by
clear and convincing evidence to have committed a Federal or State
capital crime but were unavailable for trial due to death or flight to
avoid prosecution. Federally funded State veterans cemeteries must also
adhere to this law. This prohibition is also extended to furnishing a
Presidential Memorial Certificate, a burial flag, and a headstone or
marker.
f. Subversive Activities
Any person convicted of subversive
activities after September 1, 1959, shall have no right to burial in a
national cemetery from and after the date of commission of such
offense, based on periods of active military service commencing before
the date of the commission of such offense, nor shall another person be
entitled to burial on account of such an individual. Eligibility will
be reinstated if the President of the United States grants a pardon.
g. Active or Inactive Duty for Training
A person whose only service is active
duty for training or inactive duty training in the National Guard or
Reserve Component, unless the individual meets the eligibility criteria
listed in Section III.1.b. of this information sheet.
h. Other Groups
Members of groups whose service has been
determined by the Secretary of the Air Force under the provisions of
Public Law 95-202 as not warranting entitlement to benefits
administered by the Secretary of Veterans Affairs.
