Who can be buried in a Military cemetery?

January 8th, 2009
  • What is the criteria for being buried in a military cemetery? My husband served in the Contruction Batalion (CB's)in the U.S.Navy during the Korean War. He was stationed in the Phillipines during the duration of the war. Will he be allowed to be buried in the Military Cemetery?


  • Hi, Lucy ! I do hope this is not a time of immediate need for you. I am assuming your concern for your husband's eligibility is because he did not serve directly in a combat zone. However, being on "active duty" is not the same as having "seen action" (i.e. been in a battle). You can be considered to be on "active duty" when training, for example. The G.I. Bill Improvement Act of 1977, extended veteran status to such groups as the Women's Air forces Service Pilots, and defined the criteria for eligibility of a particular groups as including: "(2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which - (A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission, (B) the members of such group were subject to military justice, discipline, and control, (C) the members of such group were permitted to resign, (D) the members of such group were susceptible to assignment for duty in a combat zone, and (E) the members of such group had reasonable expectations that their service would be considered to be active military service." This section is quoted at: http://www.usmm.org/criteria.html I would feel that the Construction Battalion (the Sea Bees) qualified on all those counts, particularly D. The SeaBees were certainly "susceptible to assignment for duty in a combat zone", whether or not your husband's particular unit was ever actually sent there. In any case, in1988 veteran status was extended to include members of the merchant marines, and in 1989 it was extended to include certain civilian groups: neds.nebt.daps.mil/Directives/12990_1.pdf "Section 401, November 23, 1977 (38 U.S.C. 106 Note) (b) DOD Directive 1000.20, "Active Duty Service Determinations for Civilian or Contractual Groups of 11 Sep 89 (NOTAL) To prescribe the procedures to apply for a discharge certificate for a member of an established group of civilian employees or contract workers who provided service to the U.S. Navy or U.S. Marine Corps in a manner considered active military service recognized by the Secretary of the Air Force, and to implement references (a) and (b). 2. Background. Reference (a) directed that the service of any person, under certain conditions, who rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, could be considered active duty for the purposes of all laws administered by the Department of Veterans' Affairs. " As you can see, the definition of "active service" has been considerably widened. I see that Omniverous-ga has answered your slightly different question with some good links and comments. I will try to add a little to the information. The Department of Veteran's Affairs' site has a wealth of information: Eligibility is covered at: http://www.cem.va.gov/eligible.htm "Persons Eligible for Burial in a VA National Cemetery Department of Veterans Affairs (VA) national cemetery directors have the primary responsibility for verifying eligibility for burial in VA national cemeteries. A determination of eligibility is usually made in response to a request for burial in a VA national cemetery. a. Veterans and Members of the Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard) (1) Any member of the Armed Forces of the United States who dies on active duty. (2) Any veteran who was discharged under conditions other than dishonorable. ..... Undesirable,bad conduct, and any other type of discharge other than honorable may or may not qualify the individual for veterans benefits, depending upon a determination made by a VA Regional Office. Cases presenting multiple discharges of varying character are also referred for adjudication to a VA Regional Office."............ They also list persons who are not eligible which include: "d. 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. ..... f. Person Found Guilty of a Capital Crime .... g. 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. ....." The site suggests the best way to confirm eligibility is to call a Veteran's Benefits Counselor at: 1-800-827-1000 Elsewhere they say: "For Burial in a VA National Cemetery Gravesites in Department of Veterans Affairs (VA) national cemeteries cannot be reserved in advance; however, reservations made prior to 1962 will be honored. Families are encouraged to prepare in advance by discussing cemetery options, collecting the veteran's military information including discharge papers, and by contacting the cemetery where burial is desired." http://www.cem.va.gov/prepare.htm They have an extremely helpful page on how to make the burial arrangements when in need which tells you what you need to do. Your funeral home should also know who to contact and what to do. http://www.cem.va.gov/need.htm "If possible, the following information concerning the deceased should be provided when the cemetery is first contacted: Full name and military rank; Branch of service; Social security number; Service number; VA claim number, if applicable; Date and place of birth; Date and place of death; Date of retirement or last separation from active duty; and, Copy of any military separation documents, such as the Department of Defense Form 214 (DD-214). The discharge documents must specify active military duty and show that release from active duty was under other than dishonorable conditions" Note, they do say "if possible". It is also possible to request an official headstone or marker for a veteran buried in a private cemetery. Under "Military Funeral Honours" - click on the menu on the left - or go to: http://www.cem.va.gov/mhg.htm you will find that: "Upon the family's request, the law requires that every eligible veteran receive a military funeral honors ceremony to include folding and presenting the United States burial flag and the playing of Taps. The law defines a military funeral honors detail as consisting of two or more uniformed military persons with at least one a member of the veteran's parent service of the Armed Forces. The DOD program calls for funeral home directors to request military funeral honors on behalf of the veterans' family, however the Department of Veterans Affairs (VA) National Cemetery Administration cemetery staff can also assist with arranging military funeral honors at VA national cemeteries. " Your local funeral home can make these arrangements for you. A site dedicated to the story of the SeaBees during the Korean conflict, maintained by Larry G. DeVries CAPT, CEC, USNR (Ret.) can be found at: http://home.earthlink.net/~larrydev/KoreaSeabees/Navy_Seabees_in_Korea_Rev0.html (That should be all on one line with Seabees as one word.) "A Korean era project that occupied many Seabees was begun in the Philippines in 1951. It was at this time that the Seabees began building the naval base there at Cubi Point. Three thousand Seabees from MCB-2, 3, 5, 9, and 11 spent the next five years expending over 20 million man-hours building the installation for the United States Seventh Fleet. ("Mobilizer, May-June 1992, p. 13)." This project is further described at: http://www.tpub.com/seabee/1-2.htm "At Cubi, Seabees cut a mountain in half to make way for the nearly 2-mile-long runway, blasted coral, and filled in a section of Subic Bay that is almost a mile wide and nearly 2 miles long. The Seabees took nearly 5 years and 20 million man-hours to construct the air station and its adjacent aircraft carrier pier that is capable of docking the Navy's biggest aircraft carriers. The amount of coral and fill required for the job-some 20 million cubic yards-was equal to the task of building the Panama Canal." This was certainly a project of military significance. In the event that you have mislaid your husband's military records, these are not kept by the Department of Veteran's Affairs but they can be requested from: http://www.archives.gov/research_room/vetrecs Information from this source is only available to the veterans themselves, or "Next of kin of a deceased, former member of the military The next of kin can be any of the following: surviving spouse that has not remarried, father, mother, son, daughter, sister, or brother. " You will need to scroll down to the bottom of the page to find the big red button to start processing the request. You might also be interested in a site honouring the "Sea Bees" , particularly those of WWII, at: http://www.kenpatrick.net and also the site of the 31st Naval SeaBees Association at: http://www.31st-seabees.com The Navy's own SeaBee site can be found at: http://www.chinfo.navy.mil/navpalib/factfile/personnel/seabees/seabee1.html Finally, if you have difficulty establishing your husband's status, consider contacting the Battalion itself; someone there might be able to help you. I hope all goes well for you at what sounds like a difficult time. Search terms: Military cemeteries Public Law 95-202 Construction Battalion Korean War SeaBees SeeBees Korea







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