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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations
the remains of or memorialization of a deceased individual.
State capital crime means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.
b Other terms not defined in paragraphs a1 through 9 of this section may be defined within and be applicable to other sections throughout this part.
Authority: 38 U.S.C. 2404, 2411

3. Amend 38.620 by adding paragraphs j and k to read as follows:

38.620

Persons eligible for burial.

j Any individual who:
1 Was naturalized pursuant to section 21 of the Hmong Veterans Naturalization Act of 2000 Pub. L. 106
207, 114 Stat. 316; 8 U.S.C. 1423 note;
and 2 At the time of the individuals death resided in the United States; and 3 Died on or after March 23, 2018.
k The spouse, minor child, and unmarried adult child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouses or childs death if such death occurs before October 1, 2024. Paragraphs e2 and 3 of this section provide the applicable definitions for minor child and unmarried adult child.
4. Revise 38.630 to read as follows:

jbell on DSKJLSW7X2PROD with RULES

38.630 Burial headstones and markers;
medallions.

a Eligibility1 Unmarked graves.
VA will furnish, when requested under paragraph b1i or ii of this section, a burial headstone or marker for the unmarked grave of the following individuals:
i Any individual buried in a national cemetery or in a military post cemetery.
When more than one individual is buried in a single gravesite in a national cemetery, VA will, if feasible, include inscription information for all such individuals on a single headstone or marker, rather than furnishing a separate headstone or marker for each buried individual.
ii The following individuals eligible for burial in a national cemetery but who are buried elsewhere, where such graves may be located in any type of non-national cemetery e.g., state, tribal, private, or local government such as town or city cemetery:
A Veterans as described in 38.620a.

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B Members of a Reserve component of the Armed Forces, or members of the Army National Guard or the Air National Guard, whose deaths occurred under the conditions described in 38.620b.
C Members of the Reserve Officers Training Corps of the Army, Navy, or Air Force, whose deaths occurred under the conditions described in 38.620c.
D Individuals who separated from military service and were entitled to retired pay under chapter 1223 of title 10 10 U.S.C. 12731 et seq., as described in and subject to 38.620g.
E Individuals who served in the organized military forces of the Government of the Commonwealth of the Philippines, or who served in the New Philippine Scouts, as described in and subject to 38.620h.
F Individuals who were naturalized pursuant to sec. 21 of the Hmong Veterans Naturalization Act of 2000, as described in and subject to 38.620j.
iii Soldiers of the Union and Confederate Armies of the Civil War, whose graves may be located in any type of non-national cemetery e.g., state, tribal, private, or local government cemetery.
iv Spouses, surviving spouses, and dependent children, as described in and subject to 38.620e or 38.620k, whose graves are located in a veterans cemetery owned by a State, or a veterans cemetery owned by a Tribal Organization or on land owned by or held in trust for a Tribal Organization.
2 Marked graves. i Subject to paragraphs a2ii and iii of this section, VA will furnish, when requested under paragraph b1ii of this section, a burial headstone or marker for the graves of the following individuals who are buried in a nonnational cemetery e.g., state, tribal, private, or local government cemetery, notwithstanding that such graves are already marked by a privately purchased headstone or marker.
A Veterans as described in 38.620a.
B Members of a Reserve component of the Armed Forces, or members of the Army National Guard or the Air National Guard, whose deaths occurred under the conditions described in 38.620b.
C Members of the Reserve Officers Training Corps of the Army, Navy, or Air Force whose deaths occurred under the conditions described in 38.620c.
D Individuals who separated from military service and were entitled to retired pay under chapter 1223 of title 10 10 U.S.C. 12731 et seq., as described in and subject to 38.620g.

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E Individuals who served in the organized military forces of the Government of the Commonwealth of the Philippines, or who served in the New Philippine Scouts, as described in and subject to 38.620h.
F Individuals who were naturalized pursuant to sec. 21 of the Hmong Veterans Naturalization Act of 2000, as described in and subject to 38.620j.
ii An individual described in paragraph a2i of this section is eligible for a headstone or marker provided under this paragraph a2 if:
A The individual died on or after November 1, 1990; or B They were a Medal of Honor recipient and served in the Armed Forces on or after April 6, 1917.
iii In lieu of a headstone or marker provided under this paragraph a2, veterans described in paragraph a2iA of this section are eligible for a medallion to be affixed to their privately purchased headstone or marker if they served in the Armed Forces on or after April 6, 1917.
b General1 Application. i When burial occurs in a cemetery that uses the National Cemetery Administration NCA electronic ordering system e.g., national cemetery, State veterans cemetery, or military post cemetery, the headstone or marker provided under paragraph a1 or 2 of this section will be ordered by the applicable cemetery as part of the process of arranging burial.
ii When burial occurs in a cemetery that does not use NCAs electronic ordering system e.g., private or local government cemetery, an applicant, as defined in paragraph c1 of this section, may either:
A Request a burial headstone or marker provided under paragraph a1
or 2 of this section by completing and submitting VA Form 401330, Claim for Standard Government Headstone or Marker; or B Request a medallion provided under paragraph a2iii of this section to be affixed to a privately purchased headstone or marker, by completing and submitting VA Form 401330M, Claim for Government Medallion for Placement in a Private Cemetery.
iii VA Forms 401330 and 40
1330M include application and submission instructions as well as additional information related to emblems of belief, and are accessible through the following links: https
www.va.gov/vaforms/va/pdf/VA401330.pdf, and https www.va.gov/
vaforms/va/pdf/VA40-1330M.pdf.
A An applicant for a burial headstone or marker for an unmarked grave provided under paragraph a1 of
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