--- kind: "range" citation: "32 C.F.R. §§ 553.39–553.41" title: "32" from: "553.39" to: "553.41" count: 3 url: "https://uscodex.org/cfr/32/553.39..553.41" --- # §553.39. Scope and applicability. - (a) **Scope.** The development, maintenance, administration, and operation of the Army Post Cemeteries are governed by this subpart, Army Regulation 290-5, and Department of the Army Pamphlet 290-5. The development, maintenance, administration, and operation of Army National Military Cemeteries are not covered by this subpart. - (b) **Applicability.** This subpart is applicable to all persons seeking interment or inurnment in Army Post Cemeteries. # §553.40. Assignment of gravesites or niches. - (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) Army 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)](#f) of this section. This includes multiple primarily eligible persons if they are married to each other. - (c) A gravesite reservation will be honored if the gravesite was properly reserved before May 1, 1975. - (d) The commander responsible for an Army Cemetery may cancel a gravesite reservation: - (1) Upon determination that a derivatively eligible spouse has remarried; - (2) Upon determination that the remains of the person having the gravesite reservation have been buried elsewhere or otherwise disposed of; - (3) Upon determination that the person having the gravesite reservation desires to or will be interred in the same gravesite with the predeceased, and doing so is feasible; or - (4) Upon determination that the person having the gravesite reservation would be 120 years of age and there is no record of correspondence with the person having the gravesite reservation within the last two decades. - (e) In cases of reservations where more than one gravesite was reserved (on the basis of the veteran's eligibility at the time the reservation was made), the gravesite reservations will be honored only if the decedents continue to meet the eligibility criteria for interment in Army Post Cemeteries that is in effect at the time of need, and the reserved gravesite is available. - (f) Gravesites or niches shall not be reserved or assigned prior to the time of need. - (g) **The selection of gravesites and niches is the responsibility of the Cemetery Responsible Official.** The selection of specific gravesites or niches by the family or other representatives of the deceased at any time is prohibited. # §553.41. Proof of eligibility. - (a) The personal representative or primary next of kin is responsible for providing appropriate documentation to verify the decedent's eligibility for interment or inurnment. - (b) The personal representative or primary next of kin must certify in writing that the decedent is not prohibited from interment or inurnment under [§ 553.46](/cfr/32/553.46.md) because he or she has not committed or has not been convicted of a Federal or State capital crime or is not a convicted Tier III sex offender. - (c) For service members who die on active duty, a statement of honorable service from a general court martial convening authority is required. If the certificate of honorable service cannot be granted, the service member is ineligible for interment or inurnment pursuant to [§ 553.46(b)](/cfr/32/553.46.md?p=b). - (d) **When applicable, the following documents are required—** - (1) Death certificate; - (2) Proof of eligibility as required by [paragraphs (e) through (g)](#e..g) of this section; - (3) Any additional documentation to establish the decedent's eligibility (e.g., marriage certificate, birth certificate, waivers, statements that the decedent had no children); - (4) Burial agreement; - (5) A certificate of cremation or notarized statement attesting to the authenticity of the cremated human remains and that 100% of the cremated remains received from the crematorium are present. The Cemetery Responsible Official may, however, allow a portion of the cremated remains to be removed by the crematorium for the sole purpose of producing commemorative items. - (6) **Any other document as required by the Cemetery Responsible Official.** - (e) The following documents may be used to establish the eligibility of a primarily eligible person: - (1) DD Form 214 (issued by all military services since January 1, 1950), Certificate of Release or Discharge from Active Duty or any other DD Form that shows service or discharge information); - (2) WD AGO 53, 55 or 53-55, Enlisted Record and Report of Separation Honorable Discharge; - (3) WD AGO 53-98, Military Record and Report of Separation Certificate of Service or any other WD AGO/AGO Form that shows service or discharge information; - (4) NGB 22, Report of Separation and Record of Service, Departments of the Army and the Air Force, National Guard Bureau (must indicate a minimum of 20 years total service for pay); - (5) ADJ 545, Discharge Certificate or Army DS ODF, Honorable Discharge from the United States Army; - (6) **Bureau of Investigation No.** 6, 53 or 118, Discharge Certificate or Bureau of Investigation No. 213, Discharge from U.S. Naval Reserve Force; - (7) VA Adjudication 545, Summary of Record of Active Service or any other VA/GSA/NAR/NA Form that shows service or discharge information; - (8) NAVPERS-553, Notice of Separation from U.S. Naval Service; - (9) NAVMC 70-PD, Honorable Discharge, U.S. Marine Corps or any other NAVPERS/NAVCG/NAVMC/NMC/Form No. 6 U.S.N./Navy (no number) Form that shows service or discharge information; or - (10) **DD Form 1300, Report of Casualty (required in the case of death of an active duty service member).** - (f) In addition to the documents otherwise required by this section, a request for interment or inurnment of a subsequently remarried spouse must be accompanied by: - (1) A notarized statement from the new spouse of the subsequently remarried spouse agreeing to the interment or inurnment and relinquishing any claim for interment or inurnment in the same gravesite or niche. - (2) Notarized statement(s) from all of the children from the prior marriage agreeing to the interment or inurnment of their parents in the same gravesite or niche. - (g) In addition to the documents otherwise required by this section, a request for interment or inurnment of a permanently dependent child must be accompanied by: - (1) A notarized statement as to the marital status and degree of dependency of the decedent from an individual with direct knowledge; and - (2) A physician's statement regarding the nature and duration of the physical or mental disability; and - (3) **A statement from someone with direct knowledge demonstrating the following factors—** - (i) The deceased lived most of his or her adult life with one or either parents, one or both of whom are otherwise eligible for interment; and - (ii) The decedent's children, siblings, or other family members, other than the eligible parent, waive any derivative claim to be interred at the Army Post Cemetery in question, in accordance with DA Form 2386 (Agreement for Interment). - (h) Veterans or primary next of kin of deceased veterans may obtain copies of their military records by writing to the National Personnel Records Center, Attention: Military Personnel Records, 1 Archives Drive, St. Louis, Missouri 63138 or using their website: http://www.archives.gov/veterans/. All others may request a record by completing and submitting Standard Form 180. - (i) **The burden of proving eligibility lies with the party who requests the burial.** Commanders of these cemeteries or their Cemetery Responsible Officials will determine whether the submitted evidence is sufficient to support a finding of eligibility.