Sec. 35.03.01.03. Individuals Not Eligible for Burial in a State Veterans' Cemetery

A. The following individuals are not eligible for burial in the State veterans' cemeteries:

(1) An individual whose only separation from one of the U.S. Armed Forces was other than honorable;

(2) A father, mother, or in-law of an eligible veteran, even if that individual is dependent upon the veteran for support or is a member of the veteran's household; and

(3) A person ordered to report to an induction station who was not actually inducted into the military service.

B. Under 38 U.S.C. §2411, burial or memorialization in a U.S. Veterans Administration cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a federal capital crime and sentenced to death or life imprisonment, or is convicted of a State capital crime, and sentenced to death or life imprisonment without parole.

C. Federal officials are authorized to deny burial in veterans' cemeteries to persons who are shown by clear and convincing evidence to have committed a federal or state capital crime but were not convicted of that crime because of flight to avoid prosecution or by death prior to trial.

D. The Secretary of the U.S. Department of Veterans Affairs is authorized to provide aid to states for the establishment, expansion, improvement, or all of these, of veterans' cemeteries on the condition that the state is willing to prohibit burial or memorialization in these cemeteries of individuals convicted of federal or state capital crimes, or who have been found by clear and convincing evidence to have committed these crimes, without having been convicted of the crimes due to flight to avoid prosecution or death prior to trial (38 U.S.C. 2408(d)(2)).

E. The prohibition under §D of this regulation is also extended to other burial benefits, including furnishing a Presidential memorial certificate, a burial flag, or a headstone or marker.