§ 553.9. Assignment of gravesites or niches.
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/us/cfr/t32/s§ 553.9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)All eligible persons will be assigned gravesites or niches without discrimination as to race, color, sex, religion, age, or national origin and without preference to military grade or rank.
(b)The Army National Military Cemeteries will enforce a one-gravesite-per-family policy. Once the initial interment or inurnment is made in a gravesite or niche, each additional interment or inurnment of eligible persons must be made in the same gravesite or niche, except as noted in paragraph
(f)of this section. This includes multiple primarily eligible persons if they are married to each other.
(c)In accordance with 38 U.S.C. 2410A(a)(2) the Secretary of the Army may waive the prohibition in paragraph
(b)of this section as the Secretary of the Army deems appropriate.
(d)A gravesite reservation will be honored if it meets the following requirements, unless it is cancelled by the Executive Director:
(1)The gravesite was properly reserved by law before January 1, 1962, and
(2)An eligible person was interred in the reserved gravesite prior to January 1, 2017.
(e)The Executive Director may cancel a gravesite reservation:
(1)Upon determination that a derivatively eligible spouse has remarried;
(2)Upon determination that the reservee's remains have been buried elsewhere or otherwise disposed of;
(3)Upon determination that the reservee desires to or will be interred in the same gravesite with the predeceased, and doing so is feasible; or
(4)Upon determination that the reservee would be 120 years of age and there is no record of correspondence with the reservee within the last two decades.
(f)In cases of reservations meeting the requirements of 38 U.S.C. 2410A note, where more than one gravesite was reserved (on the basis of the veteran's eligibility at the time the reservation was made) and no interment has yet been made in any of the sites, the one-gravesite-per-family policy will be enforced, unless waived by the Executive Director. Gravesite reservations will be honored only if the decedents meet the eligibility criteria for interment in Arlington National Cemetery that is in effect at the time of need, and the reserved gravesite is available.
(g)Where a primarily eligible person has been or will be interred as part of a group burial or has been or will be memorialized in a memorial area at Arlington National Cemetery, the Executive Director will assign a gravesite or niche for interment or inurnment of a derivatively eligible person.
(h)Gravesites or niches shall not be reserved or assigned prior to the time of need.
(i)The selection of gravesites and niches is the responsibility of the Executive Director. The selection of specific gravesites or niches by the family or other representatives of the deceased at any time is prohibited.
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- 38 USC 2410A(a)(2)
- 38 USC 2410A
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§ 553.9
Assignment of gravesites or niches.
Cite38 USC 2410A(a)(2)
Cite38 USC 2410A
Cites 2Cited by 0 across 0 sources