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) An 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.
Authority: State Government Article, §§9-901, 9-902, 9-906, and 9-907, Annotated Code of Maryland
Effective date: August 18, 1976 (3:17 Md. R. 912)
Regulation .01 adopted effective August 16, 1982 (9:16 Md. R. 1608); amended effective November 18, 1985 (12:23 Md. R. 2221)
Regulations .01-1 and .02 amended effective August 16, 1982 (9:16 Md. R. 1608)
Regulation .04 amended effective December 15, 1986 (13:25 Md. R. 2662)
Regulation .05C amended effective December 15, 1986 (13:25 Md. R. 2662)
Regulation .06 repealed and new Regulation .06 adopted effective December 15, 1986 (13:25 Md. R. 2662)
Regulations .06G and .10 repealed effective November 18, 1985 (12:23 Md. R. 2221)
Regulations .10—.12 adopted effective November 18, 1985 (12:23 Md. R. 2221)
Chapter 14.05.02 repealed effective August 11, 2008 (35:16 Md. R. 1392)
Regulations .01—.11 adopted effective August 11, 2008 (35:16 Md. R. 1392)
Regulation .03A amended effective April 15, 2024 (51:7 Md. R. 335)
Regulation .05 amended effective July 1, 2017 (44:11 Md. R. 526); April 15, 2024 (51:7 Md. R. 335)
Regulation .09F repealed effective April 15, 2024 (51:7 Md. R. 335)
Regulation .10B amended effective April 15, 2024 (51:7 Md. R. 335)