unmarked headstone

(We do not technically consider this a “replacement” of a privately purchased headstone or marker because the Government did not originally furnish such a headstone or marker. Although the governing statutes do not clearly provide that VA's authority to furnish headstones, markers, or medallions includes authority to furnish replacements as needed, the function of these benefits is to memorialize veterans and other eligible individuals in perpetuity, and therefore we believe it is reasonable and necessary to interpret a general replacement authority. (ii) In the absence of such instructions, the Under Secretary will resolve the dispute in accordance with the instructions of the decedent's surviving spouse.

First, Congress has only legislated inscription requirements for headstones and markers in VA national cemeteries. (2) The applicant has submitted a certification concerning the emblem that meets the requirements of paragraph (d)(1) of this section. Proposed § 38.630(b)(2)(iii) would clarify this interpretation.

(i) VA will not pay costs associated with installing a burial headstone or marker provided under this section for placement in a non-national cemetery, but VA will deliver Start Printed Page 2107such headstone or marker directly to the non-national cemetery where the grave is located or to a receiving agent for delivery to the cemetery. (5) For any reason not listed in paragraphs (b)(3)(i)(E)(1) through (4) of this section, if the request to add or change inscription information is received from the decedent's next of kin as indicated in NCA's records systems, within six months of the headstone or marker initially being provided.

Even if such intent were to be a consideration, it would seem that VA would have to, in any case, assess whether an existing privately purchased headstone or marker was actually durable to serve as a lasting memorialization of the decedent. We propose to revise these regulations to conform to statutory amendments made by Public Law 114-315, 130 Stat. S13736 (daily ed. http://www.pbs.org/wnet/historyofus/web03/features/bio/B06.html, Pfeifer, Stuart. Prince Andrew 'could be sacked' as Commodore of Britain's most famous yacht club over his links to... Texas father, 48, murders his wife, 30, then uploads chilling video to YouTube blaming HER because 'she was... 'When you send in your ballot you cannot have security like this': Donald Trump casts his 'perfect' ballot... Trump calls Sacha Baron Cohen an 'unfunny creep' after his new film prompted security concerns when 'Borat's... Piers Morgan slams CNN for cancelling his interview after he criticized them for not covering the Hunter... American Civil War soldier found at last — a long way from home | News | The Times. 2304(a)(4) does have this specific limiting language regarding location of the unmarked graves. Proposed § 38.630(b)(1)(iii)(C) would move and revise language from current § 38.631(e), which requires that applicants requesting a burial headstone or marker for a marked grave in a private cemetery must obtain certification on VA Form 40-1330, from Start Printed Page 2097a cemetery representative, that the type and placement of the headstone or marker requested adheres to the policies and guidelines of the selected private cemetery. that agencies use to create their documents. (iii) Soldiers of the Union and Confederate Armies of the Civil War, whose graves may be located in any type of non-national cemetery (e.g., state, tribal, private, or local government cemetery).

VA rejected this alternative for two reasons. (9) State capital crime means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed. (2) If the Under Secretary for Memorial Affairs determines that allowing the inscription of a particular proposed emblem would adversely affect the dignity and solemnity of the cemetery environment or that the emblem does not meet the technical requirements for inscription, the Under Secretary shall notify the applicant in writing and offer to the applicant the option of either: (i) Omitting the part of the emblem that is problematic while retaining the remainder of the emblem, if this is feasible; or. Written comments may be submitted through www.Regulations.gov;​ by mail or hand-delivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW, Room 1063B, Washington, DC 20420; or by fax to (202) 273-9026. 38 U.S.C 107, 501, 512, 2306, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Both proposed paragraphs (b)(1)(iii)(A) and (B) would further require these certifications when placement would occur in a local government cemetery (the definition of “local government” is discussed later in this rulemaking) as well as private cemeteries. While every effort has been made to ensure that "Internet Train Leads to John Wayne." 2306, if one of the specified bases for replacement is satisfied. (B) Request a medallion provided under paragraph (a)(2)(iii) of this section to be affixed to a privately purchased headstone or marker, by completing and submitting VA Form 40-1330M, Claim for Government Medallion for Placement in a Private Cemetery. When he … Proposed § 38.630(a)(2)(i) would therefore clarify that burial headstones and markers for marked graves may be provided for certain eligible individuals in non-national cemeteries and would parenthetically include examples of such cemeteries (e.g., state, tribal, private, or local government cemetery). 2306(a)(2): Namely, persons or classes of persons enumerated in sec. Proposed paragraph (a)(2)(iii) would establish eligibility for a medallion, in lieu of a headstone or marker, for a marked grave.
2306(d)(5)(D), where this definition is relevant for eligibility for headstones and markers under proposed § 38.630(a)(2). To ensure this interpretation of the term “ascertainable” is clear, we would further define “ascertainable” in proposed § 38.630(c)(2) to mean that a decedent's name is “inscribed on the headstone or marker or discoverable from some inscription on the headstone or marker that corresponds to information that is reasonably accessible by the public (e.g., a corresponding burial ledger at the cemetery, or publicly available burial information accessible on the internet).” We clarify that both criteria would need to be met for a grave not to be considered “unmarked”—the privately purchased headstone or marker would have to be durable and the decedent's name would have to be ascertainable from the headstone or marker. Proposed § 38.630(a)(1)(iv) would restate from sec. 2306(d)(4).

641. It is not an official legal edition of the Federal

10/23/2020, 859 ', The British Library/Robana via Getty Images, BBC.
"Mystery of 'Mozart's skull' still unsolved. The assessment of only the durability of a privately purchased headstone or marker, without further considering the specific styles, types, or specific inscription information, would establish a clear criterion that would permit VA to consistently evaluate a myriad of privately purchased markers.

By making the general applicability date for the second marker authority in sec. 343 (2018); and Public Law 115-141, 132 Stat. 2306(d) does not, in effect, mark the grave again). See Microsoft Corp. v. i4i Ltd. P'ship, 564 U.S. 91, 101 (2011) (presuming that Congress chose language that accurately express its legislative purpose). Proposed § 38.630(c)(3) would newly define “local government” to mean the administrative body of a local geographic area that is not a state, such as a county, city, or town. Please call (202) 461-4902 for an appointment. Proposed § 38.630(b)(2) would further newly reference applicable VA statutes related to allowable materials for Government headstones and markers under 38 U.S.C. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Pierce Brothers Westwood Village Memorial Park. Former Army regulation at 32 CFR 536.57(b)(3) established that a grave in a private cemetery is considered unmarked if: (1) A Government headstone or Government marker has not been furnished, or a private monument has not been erected; or (2) the condition of a previously furnished Government or private headstone or marker is such as to warrant replacement. (This is not a toll-free number.) Proposed § 38.630(b)(3) would newly establish in regulation the criteria that exist in current VA policy, more specifically NCA Notice 2004-06 (Dec. 21, 2004), regarding replacement of Government-furnished headstones, markers, and medallions because they warrant replacement. A Government-furnished medallion may be provided for eligible Veterans who served on or after Apr. Comments should indicate that they are submitted in response to “RIN 2900-AQ28—Government-Furnished Headstones, Markers, and Medallions; Unmarked Graves.”. 2306(a), and proposed § 38.630(a)(1)(i)-(iv) would list those eligible individuals in accordance with sec. Sept. 23, 1999. For instance, these certification requirements for placement of burial headstones and markers need not apply to national cemeteries, because national cemeteries must mark every grave in accordance with 38 U.S.C. documents in the last year, 37 Los Angeles Times. 2306(a), VA must “furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of” eligible individuals as further listed in sec.

June 1. 2820 (2002), changed the applicability date for Government-furnished second markers for veterans who died on or after September 11, 2001, and sec. "Bobby Driscoll." 2, 87 Stat. Another piece of that history was uncovered this week as at least 10 bodies were discovered in an unmarked mass grave at a Tulsa cemetery.


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