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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations this section, for placement in a private cemetery or a local government cemetery, must certify on VA Form 40
1330 that such headstone or marker will be placed on or at the grave for which it is requested.
B An applicant for a burial headstone or marker for a marked grave provided under paragraph a2 of this section, for placement in a private cemetery or a local government cemetery, must certify on VA Form 40
1330 that such headstone or marker will be placed on the grave for which it is requested, or if such placement is not possible or practicable, as close as possible to the grave within the grounds of the cemetery in which the grave is located.
C A representative of a private cemetery or local government cemetery that accepts delivery of a burial headstone or marker provided under paragraph a1 or 2 of this section must certify on VA Form 401330 that placement of the 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 burial headstones and markers provided under paragraphs a1 and 2 of this section, as well as the inscriptions thereon to include an emblem of belief, will be provided in accordance with VA policy as well as in a manner consistent with 38 U.S.C.
2306c and 2404c.
i The styles and types of burial 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 the cemetery in which the headstone or marker will be placed.
ii The same styles and types of headstones and markers made available for selection by requestors of headstones and markers provided for unmarked graves under paragraph a1 of this section shall be made available for requestors of headstones or markers for marked graves provided under paragraph a2 of this section.
iii Upon request under paragraph b1i or ii of this section, a headstone, marker, or medallion provided under paragraph a1 or 2 of this section shall signify the deceaseds status as a Medal of Honor recipient as applicable.
iv 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
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burial headstone, marker, or medallion, if the previously furnished headstone, marker, or medallion:
A Is damaged beyond repair; or B Has deteriorated to the extent it no longer serves to identify the buried decedent e.g., identifying elements of an inscription are not legible, such as a decedents name or a grave number for an unknown decedent, or, in the case of a medallion, no longer serves to identify the buried decedent as a veteran or as a Medal of Honor recipient if applicable; 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 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 2 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 3 To identify on a single headstone or marker multiple decedents who are each eligible for a headstone or marker and who are buried in the same gravesite in a cemetery, to include identification of a spouse or dependent in accordance with 38 U.S.C. 2306g1;
or 4 To indicate the deceaseds status as a Medal of Honor recipient if applicable, for a headstone or marker provided for a marked grave under paragraph a2 of this section, in accordance with 38 U.S.C.
2306d5B.
5 For any reason not listed in paragraphs b3iE1 through 4 of this section, if the request to change or add inscription information is received from the decedents next of kin as indicated in NCAs records systems, within six months of the initial headstone or marker being provided.
ii To the extent practicable, replacement burial headstones, markers, and medallions will be of the same style and type to include inscription information as those headstones, markers, or medallions being replaced, except that style, type, or inscription information may differ for replacements if one of the criteria in paragraph b3iD or E is the reason for replacement.
iii Requests to replace Governmentfurnished burial headstones, markers, or medallions are made as follows:
A Through NCAs electronic ordering systems, when the headstone,
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marker, or medallion to be replaced is located in a cemetery that uses NCA
electronic ordering systems; or B By completing and submitting VA
Form 401330 or VA Form 401330M, when the headstone, marker, or medallion to be replaced is located in a cemetery that does not use NCAs electronic ordering systems.
4 Limitations. i VA will not pay costs associated with installing a burial headstone or marker provided under paragraph a1 or 2 of this section for placement in a non-national cemetery, but VA will deliver such headstone or marker directly to the non-national cemetery where the grave is located or to a receiving agent for delivery to the cemetery.
ii VA will not pay costs associated with affixing a medallion provided under paragraph a2 of this section to a privately purchased headstone or marker in a non-national cemetery, but VA will deliver such medallion directly to the applicant.
5 Ownership, alteration, and disposition. i All Governmentfurnished headstones, markers, and medallions 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 burial headstone, marker, or medallion is removed from any cemetery, it should be properly disposed. Unless a headstone or marker that has been removed from a cemetery would be maintained by NCA for historic purposes, or in cases of disinterment would be relocated to a different gravesite, such headstones or 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.

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