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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations headstone or marker adheres to the policies or guidelines of the cemetery in which the grave is located.
2 Styles, types, and inscriptions. The styles and types of memorial headstones and markers provided under this section, as well as the inscriptions thereon to include emblems of belief, will be provided in accordance with VA
policy as well as in a manner consistent with 38 U.S.C. 2306c.
i The styles and types of memorial headstones and markers made available for selection, as well as the inscriptions thereon, may be limited in accordance with certain requirements, including but not limited to aesthetic or administrative requirements of a cemetery.
ii All inscriptions for memorial headstones and markers must be preceded by the phrase In Memory Of.
iii If an emblem of belief is requested that is not offered in VAs inventory of images for emblems of belief, additional requirements apply under 38.632.
3 Replacement. i Upon request, VA
will replace a Government-furnished memorial headstone or marker, if the previously furnished headstone or marker:
A Is damaged beyond repair; or B Has deteriorated to the extent it no longer serves to identify the decedent e.g., identifying elements of an inscription are not legible, such as a decedents name; or C Has been stolen or vandalized; or D Is the incorrect style or type for the veterans era of service; or E Requires changing or adding inscription information for the following reasons:
1 The inscription is not preceded by the phrase In Memory Of; or 2 To correct errors in factual information such as name or date of birth or death provided to VA as part of the initial application process; or 3 To indicate information related to the deceaseds military service that is provided to VA after the initial application process such as the deceaseds posthumous receipt of military awards; or 4 To identify a spouse or dependent in accordance with 38 U.S.C. 2306g2;
or 5 For any reason not listed in paragraphs b3iE1 through 4 of this section, if the request to add or change inscription information is received from the decedents next of kin
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as indicated in NCAs records systems, within six months of the headstone or marker initially being provided.
ii To the extent practicable, replacement memorial headstones and markers will be of the same style and type to include inscription information as those being replaced, except that style, type, or inscription content may differ for replacement headstones and markers if one of the criteria under paragraphs b3iD and E of this section is the reason for replacement.
iii Requests to replace Governmentfurnished memorial headstones and markers are made as follows:
A Through NCAs electronic ordering systems, when the headstone or marker to be replaced is located in a cemetery that uses NCA electronic ordering systems; or B By completing and submitting VA
Form 401330, when the headstone or marker to be replaced is located in a cemetery that does not use NCAs electronic ordering systems.
4 Limitations. VA will not pay the cost of installing a memorial headstone or marker provided under this section for placement in any cemetery that is not a national cemetery but will deliver the headstone or marker directly to such cemetery or to a receiving agent for delivery to the cemetery.
5 Ownership, alteration, and disposition. i All Governmentfurnished memorial headstones and markers remain the property of the United States Government in perpetuity and should not be defaced or altered in any way. Knowingly converting Government property to private use such as using whole or partial headstones or markers in structures or landscaping or offering such items for sale is a violation of Federal law under 18 U.S.C. 641.
ii Under 38 CFR 1.218b5, the destruction, mutilation, defacement, injury, or removal of any monument, gravestone, or other structure within the limits of any national cemetery is prohibited, with an associated fine of $500. Under 18 U.S.C. 1361, willful depredation of any property of the United States i.e., a headstone or marker in a non-national cemetery shall be punishable by a fine or imprisonment under title 18 of the United States Code.
iii When a Government-furnished memorial headstone or marker is removed from any cemetery due to it warranting replacement under paragraph b3 of this section, it should be properly disposed. Unless a
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memorial headstone or marker that has been removed from a cemetery would be maintained by NCA for historic purposes, such headstones and markers made of stone must be physically broken into small enough pieces to ensure no portion of the inscription is legible and to ensure no part is available for any private, personal, or commercial use, and those made of bronze must be returned to VA for recycling.
c Definitions1 Applicant. An applicant for a memorial headstone or marker, to commemorate an eligible individual under paragraph a1 of this section, must be a member of the decedents family, which includes the decedents spouse or individual who was in a legal union as defined in 38
CFR 3.1702b1ii with the decedent;
a child, parent, or sibling of the decedent, whether biological, adopted, or step relation; and any lineal or collateral descendant of the decedent.
2 Unavailable remains. An individuals remains are considered unavailable if they:
i Have not been recovered or identified;
ii Were buried at sea, whether by the individuals own choice or otherwise;
iii Were donated to science; or iv Were cremated and the ashes scattered without interment of any portion of the ashes.
Authority: 38 U.S.C. 2306, 2402, 2404

6. Amend 38.632 by:
a. Revising the section heading and paragraph a;
b. Removing paragraph c;
c. Redesignating paragraphs d through h as paragraphs c through g, respectively;
d. Revising newly redesignated paragraphs c1 and 2;
e. Revising newly redesignated paragraphs f2 and 5 and g1 and 2;
f. Redesignating newly redesignated paragraphs g3 and 4 as paragraphs g4 and 5, respectively; and g. Adding new paragraph g3.
The revisions and addition read as follows:

38.632

Emblems of belief.

a General. This section contains procedures for requesting the inscription of new emblems of belief on Government-furnished headstones and markers.

c

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