Eligibility Requirements for Interment
Who is eligible to be buried in Maryland's State Veterans Cemeteries?
A veteran who was a legal resident in Maryland either (1) at time of entry into active service, (2) at time of death, or (3) for a period of at least two years.
Who is a veteran? A veteran is a person who served on full time active duty in the U.S. Armed Forces, other than active duty for training, and was discharged or released under conditions other than dishonorable. Those who enlisted in the military after September 7, 1980, and officers commissioned or who entered active military service after October 16, 1981, must have completed two years of continuous active duty or the full period for which they were called or ordered.
A veteran is also an individual who died while serving on active duty, or was disabled or died from a disease or injury incurred or aggravated in the line of duty while performing active duty for training or inactive duty training.
Certain members of a reserve component of the U.S. Armed Forces who meet the legal residence requirements.
Public Law H.R. 821, enacted May 4, 1994, extends burial eligibility to persons who have 20 years of service creditable for retired pay as members of a reserve component of the Armed Forces or who would have been entitled to retired pay but for the fact that the person was under 60 years of age.
Certain members of the National Oceanic and Atmospheric Administration (formerly the Coast and Geodetic Survey) and the Regular or Reserve Corps of the Public Health Service who meet the legal residence requirements.
Members of the National Oceanic and Atmospheric Administration and the Regular Reserve Corps of the Public Health Service are eligible for burial if they completed full-time duty (other than for training) as a commissioned officer:
On or after July 29, 1945. If the service is performed while serving on active duty for training, his or her death shall have resulted from a disease or injury incurred or aggravated in the line of duty; or
Before that date:
- While on transfer to one of the Armed Forces; or
- While in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or
- In the Philippine Islands on December 7, 1941 and thereafter.
The spouse, widow or widower of an eligible veteran or service member, including the widow or widower of an Armed Forces member lost or buried at sea, or officially determined to be permanently absent in a status of "missing" or "missing in action" who met the legal residence requirements at the time the eligible veteran or service member was last known to have been alive.
A spouse means a person of the opposite sex who is the wife or husband of the veteran and enters into marriage valid under the law of the place where the parties resided at the time of marriage. The surviving spouse of an eligible veteran who had a subsequent remarriage to a non-veteran and whose death occurred on or after January 1, 2000, is eligible for burial in a Maryland State Veterans Cemetery, based on his or her marriage to the eligible veteran.
A child of an eligible veteran. A child is an unmarried person who is a legitimate or illegitimate child, a child legally adopted before the age of 21, a stepchild who acquired that status before the age of 21 and who is a member of the veteran's household at the time of the veteran's death and:
- who is under the age of 21 years; or
- who, before reaching the age of 21 years, became permanently incapable of self-support due to a mental or physical disability; or
- who is under 23 years of age and pursuing a full-time course of instruction at an approved educational institution.
The veteran should be aware that his dependent's burial eligibility is based solely on the veteran's military service and Maryland residency. If the spouse, dependent minor children, or disabled adult children precede the eligible veteran in death, the veteran is required to execute an agreement electing to be buried in the same grave site before the spouse or child may be interred in a State Veterans Cemetery. If the veteran changes his mind or his legal representative fails to abide by that agreement, for any reason other than the remains are unrecoverable, then the remains of the family member interred in the State Veterans Cemetery must be removed without cost to the State.
Persons not eligible for burial in a State Veterans Cemetery
- A person whose only separation from one of the Armed Forces of the United States was other than honorable. A father, mother, or in-law of an eligible veteran or service member is not eligible even though he or she is dependent upon the veteran for support or is a member of his household.
- A person ordered to report to an induction station who was not actually inducted into the military service.
- A person who is convicted of subversive activities after September 1, 1959 against the United States shall have no right after the date of the commission of the offense to burial in a Maryland State Veterans Cemetery based upon the period of active military service commencing before the date of commission of the offense. Eligibility shall be reinstated if a pardon is granted by the President of the United States.
- Public Law 105-116, adopted by the 105th Congress, prohibits the burial or memorialization of persons convicted of a Federal or State capital crime for which the person was sentenced to death or life in prison.
Establishing Burial Eligibility
An individual's status as a veteran or eligible service member and legal residence within Maryland must be established by reasonable and substantial evidence before the veteran or a member of the veteran's immediate family may be interred.
Evidence of Qualifying Military Service
One or more of the following documents constitute acceptable evidence of qualifying military service.
- Military discharge records, such as a DD Form 214 or WD AGO Form 53-55 - A document issued by the National Personnel Records Center that carries the weight of an official discharge document.
- A document, or State records, that establish honorable, active military, naval or air service.
- A report of retirement points credited to members of a reserve component of the U.S. Armed Forces.
- In the event that death occurs while serving on active duty, active duty for training or inactive duty training, an official document from the Casualty Affairs Division, or its equivalent, or the individual's commanding officer, or his designee, that contains the following:
- Individual's name
- Individual's social security number
- Rank
- Date of entry into active military, naval or air service- Home of record at time of entry into service; and
- A statement attesting to the individual's honorable service and confirming that no court martial proceedings, or other disciplinary actions, are or were pending against the individual.
Evidence of Maryland Residency
The veteran must establish that he was a resident of Maryland either at the time of entry into service, the time of death, or a period of 2 years. Residency can be confirmed in one of the following manners:
- Evidence of legal residence at time of entry into Armed Forces shall include:
- Military records, such as a DD Form 214, which establish a Maryland home of record at time of entrance into military service. If the military record contains only a permanent mailing address, or place of entry, then residence must be proved in another manner.
- Draft board records, or State records, establishing legal residence at time of entrance into military service.
- Evidence of legal residence at time of death shall include one or more of the following:
- An up-to-date voter registration card, in the name of the veteran.
- A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding his or his dependent's date of death.
- A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within one year of his or his dependent's date of death.
- The records of a nursing home, hospital, or institution where the veteran may have been confined, to establish that at the time of his admission, his legal residence was within Maryland.
- A valid Maryland driver's license issued to the veteran.
- A utility bill addressed to the veteran within the three month period preceding his or his dependent's date of death.
If the veteran resided in a state other than Maryland both at his time of entrance into military service and at his time of death, then 2 year residency in Maryland must be established. Evidence includes one or a combination of the following documents:
- Consecutive records of tax payments (personal or property, or both)
- Documentation from the supervisor of the Board of Elections confirming a continuous Maryland voting record
- Documentation from the personnel office of the veteran's past employer(s) attesting to the veteran's residency in Maryland during the duration of his employment
- Education records indicating enrollment in the Maryland school system for twelve or more years
- Records of recognized fraternal, civic or veterans' organizations
- Any other substantial evidence that may establish the required residency.
Burden of Proof in Establishing Eligibility
The burden of proof in establishing eligibility for burial in a State Veterans Cemetery is upon the veteran, his next-of-kin or legal representative, or the executor or administrator of his estate. Representatives of the Maryland Department of Veterans Affairs may offer assistance in verifying the veteran's eligibility. The verification process, however, cannot commence until the time of the veteran's death and may require a period of 48 hours for completion. Veterans who desire to recover copies of their discharge documents prior to death may wish to consider completing a SF-180 Request Pertaining to Military Records and submitting it to the National Personnel Records Center in St. Louis, Missouri. A SF-180 form may be obtained by contacting any of the Maryland Department of Veterans Affairs offices.
Right to Appeal Eligibility Determinations
A veteran, his legal representative, or his next-of-kin may appeal a decision regarding the eligibility of a veteran, or members of the veteran's immediate family, for burial in a State Veterans Cemetery. The appeal must be in writing and filed with the Director of Cemetery & Memorial Programs or his designee. When the matter on appeal concerns the right of immediate burial of a person, the Director or his designee will respond to the appeal within 48 hours of its submission.
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