1. (1) Owned and operated by the Alabama Department of Veterans Affairs (ADVA), the Alabama State Veterans Memorial Cemetery at Spanish Fort (Cemetery) honors the service and the sacrifice of veterans and their eligible family members by providing a dignified burial with lasting remembrance through gravesites, headstones, and other memorial options. The Cemetery is operated and maintained in accordance with the operational standards and measures of the National Cemetery Administration, the laws of the State of Alabama, and the policies of the ADVA.

2. (2) The Cemetery is located at:

   34904 Alabama Highway 225

   Spanish Fort, AL 36527

3. (3) Consistent with NCA guidelines, the Cemetery offers eligible individuals the following at no charge to the individual or family:
4. (a) Grave plot or columbarium niche or a place to scatter cremains,
5. (b) A pre-placed crypt or liner for casketed burial,
6. (c) Opening and closing of the grave or niche,
7. (d) An inscribed marble or granite headstone or niche cover or memorial plaque,
8. (e) A place to conduct a committal service which may include military honors when arranged, and
9. (f) Perpetual Care.
10. (4) The Cemetery offers pre-registration. The pre-registration process allows individuals to establish eligibility for interment benefits in advance and document their wishes regarding certain arrangements. Pre-registration is intended to simplify and assist the next of kin at the time of death. There is no cost or obligation associated with this process.
11. (5) Eligibility
12. (a) Eligibility for interment or otherwise being honored at the Cemetery is determined in accordance with the laws and rules of the National Cemetery Administration and the policies of the ADVA.
13. (b) Hmong veterans and their eligible family members, as defined and authorized by Title 38, Section 2402 of the United States Code, who would be eligible but for the military service requirement, may be interred or otherwise honored as appropriate.
14. (c) Guardsmen and Reservists, and their eligible family members, who may not have previously qualified for interment at a national veterans cemetery because they did not meet the minimum active-duty service time, may be interred or otherwise honored as appropriate if they meet one of the following service requirements:
15. 1. Service as a member of the reserve component of the Armed Forces who was discharged or released from service under conditions other than dishonorable after serving at least 24-months of continuous service or whose death occurs under conditions other than dishonorable while a member of the reserve component, or
16. 2. Service as a member of the Army National Guard or the Air National Guard who was discharged or released from service under conditions other than dishonorable after serving at least 24- months of continuous service or whose death occurred under conditions other than dishonorable while a member of the Army National Guard or the Air National Guard, or
17. 3. Service as a member of the Reserves Officers' Training Corps (ROTC) of the Army; Navy; or Air Force whose death occurred under conditional other than dishonorable while a member of the ROTC. Current enrollment in good standing at the time of death will satisfy the time-in-service eligibility criteria.
18. (d) The 24-month continuous service requirement for Guardsmen and Reservists does not include the Individual Ready Reserve (IRR) nor Inactive National Guard (ING) time.
19. (e) It is the responsibility of the one seeking to have the individual interred or otherwise honored to prove eligibility. The following documents may be necessary to determine eligibility
20. 1. DD Form 214
21. 2. DD Form 214-1 (future legislation)
22. 3. NGB Form 22, Report of Separation and Record of Service, Departments of the Army and the Air Force, National Guard Bureau
23. 4. NAVPERS 1070/615, Record of Discharge from the U.S. Navy Reserve
24. 5. Annual Retirement Point Record/Annual Statement of Service History
25. 6. DD Form 256/257, Certificate of Honorable/General Discharge
26. 7. ROTC Students: Verify current enrollment with college or military institute
27. 8. Birth Certificates
28. 9. Marriage Certificates
29. 10. Proof of United States citizenship or legal presence in the United States
30. 11. Documentation equivalent to those above or otherwise necessary to prove eligibility as determined by the ADVA.
31. (6) Memorial Monuments and Commemorative Works
32. (a) The ADVA Commissioner shall evaluate the artistic and commemorative merit of any proposed Memorial monuments and commemorative works (Works) and shall determine whether a proposed Work may be placed at the Cemetery.
33. (b) Works will only be accepted from other government entities and organizations whose purpose, objectives, teachings, and activities are primarily patriotic in nature as exemplified by their constitution, by-laws, or similar documents.
34. (c) Works whose primary components, as determined by the ADVA, depict actual or realistic replicas of ordnances will not be accepted.
35. (d) Works which the ADVA determines are primarily religious in nature or which feature religious emblems or themes will not be accepted.
36. (e) Works which the ADVA determines include words or design elements that are incompatible with the ADVA’s mission to honor veteran or that could be perceived as offensive or derogatory by a reasonable person will not be accepted.
37. (7) Unclaimed Cremains
38. (a) Under certain circumstances, those in possession of cremated remains may release identifying information to veteran service organizations or nonprofit organizations approved by the ADVA for the purpose of determining eligibility for interment/inurnment at a veterans cemetery.
39. (b) A veterans service organization or nonprofit organization desiring to participate in this program shall submit to the ADVA a formal request letter with evidence of their nonprofit status and any information evidencing their mission (i.e., articles of incorporation, website, pamphlet, etc.).
40. (c) Once this letter and evidentiary items are received, the Commissioner will determine if the request is approved. If approved, a letter from the Commissioner approving the organization will be issued. If an organization is disapproved, a letter from the Commissioner will be issued outlining the reasons for disapproval.
41. (d) A listing of approved veteran service organizations and nonprofit organizations will be available from the ADVA’s website.

Author: Jeffrey L. Newton

Statutory Authority: Code of Ala. 1975, §§ 31-5-5, 34-13-122.

Editor’s Note: Renumbered only: was previously 920-X-2-.02, as per certification filed January 4, 2001; effective February 8, 2001.

History: Filed September 30, 1982. Repealed and New Rule: Published September 30, 2025; effective November 14, 2025.