Chapter 23, Section 2306, Subsection (d) · 38 U.S.C. Chapter 23

Contents

(d)

(1)The Secretary shall furnish, when requested, an appropriate Government headstone or marker at the expense of the United States for the grave of an individual described in paragraph (2) or (5) of subsection (a) who is buried in a private cemetery, notwithstanding that the grave is marked by a headstone or marker furnished at private expense. Such a headstone or marker may be furnished only if the individual making the request for the Government headstone or marker certifies to the Secretary that the headstone or marker will be placed on the grave for which the headstone or marker is requested, or, if placement on the grave is impossible or impracticable, as close as possible to the grave within the grounds of the cemetery in which the grave is located.

(2)Any headstone or marker furnished under this subsection shall be delivered by the Secretary directly to the cemetery where the grave is located or to a receiving agent for delivery to the cemetery.

(3)The headstone or marker furnished under this subsection shall be the headstone or marker selected by the individual making the request from among all the headstones and markers made available by the Government for selection.

(4)

(A)In lieu of furnishing a headstone or marker under this subsection to a deceased individual described in subparagraph (B), the Secretary may furnish, upon request, a medallion or other device of a design determined by the Secretary to signify the deceased individual’s status as a veteran, to be attached to a headstone or marker furnished at private expense.

(B)A deceased individual described in this subsection is an individual who—

(i)served in the Armed Forces on or after April 6, 1917; and

(ii)is eligible for a headstone or marker furnished under paragraph (1) (or would be so eligible but for the date of the death of the individual).

(5)

(A)In carrying out this subsection with respect to a deceased individual described in subparagraph (C), the Secretary shall furnish, upon request, a headstone or marker under paragraph (1) or a medallion under paragraph (4) that signifies the deceased’s status as a medal of honor recipient.

(B)If the Secretary furnished a headstone, marker, or medallion under paragraph (1) or (4) for a deceased individual described in subparagraph (C) that does not signify the deceased’s status as a medal of honor recipient, the Secretary shall, upon request, replace such headstone, marker, or medallion with a headstone, marker, or medallion, as the case may be, that so signifies the deceased’s status as a medal of honor recipient.

(C)A deceased individual described in this subparagraph is a deceased individual who—

(i)is eligible for a headstone or marker furnished under paragraph (1) or a medallion furnished under paragraph (4) (except that subparagraph (B)(i) of such paragraph shall not apply) (or would be so eligible for such headstone, marker, or medallion but for the date of the death of the individual); and

(ii)was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 2732 of title 14 (including posthumously).

(D)In this paragraph, the term “medal of honor recipient” means an individual who is awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 2732 of title 14.

United States Government work; public domain under 17 U.S.C. § 105.