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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations
c Definitions1 Applicant. An applicant for a burial headstone or marker for an eligible deceased individual, or an applicant for a medallion to be affixed to a privately purchased headstone or marker, may be:
i A decedents family member, 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;
ii A personal representative, as defined in 38.600a8;
iii A representative of a congressionally chartered Veterans Service Organization;
iv An individual employed by the relevant state or local government whose official responsibilities include serving veterans and families of veterans, such as a state or county veterans service officer;
v Any individual who is responsible, under the laws of the relevant state or locality, for the disposition of the unclaimed remains of the decedent or for other matters relating to the interment or memorialization of the decedent; or vi Any individual, if the dates of service of the veteran to be memorialized, or on whose service the eligibility of another individual for memorialization is based, ended prior to April 6, 1917.
2 Ascertainable. Ascertainable means inscribed on the headstone or marker or discoverable from some inscription on the headstone or marker that corresponds to information that is reasonably accessible by the public e.g., a corresponding burial ledger at the cemetery, or publicly available burial information accessible on the internet.
3 Local government. Local government means the administrative body of a geographic area that is not a state, such as a county, city, or town.
4 Medal of Honor recipient. Medal of Honor recipient means an individual who is awarded the Medal of Honor under sec. 7271, 8291, or 9271 of title 10 or sec. 2732 of title 14 of the United States Code, or corresponding predecessor provisions.
5 Privately purchased and durable headstone or marker. Privately purchased and durable headstone or marker means a headstone or marker that was not purchased or provided by the Government, and that is made of a material such as but not limited to stone that is lasting and not anticipated to unduly degrade under exposure to the environment in which it is placed.

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6 Unmarked grave. Unmarked grave means a grave in a cemetery where:
i A Government-furnished headstone or marker has not been erected or installed at or by the grave, or the condition of a Governmentfurnished headstone or marker erected or installed at or by the grave warrants replacement under paragraph b3 of this section; and ii A privately purchased and durable headstone or marker, from which the buried individuals name if known is ascertainable:
A Has not been erected or installed at or by the grave, or B Is damaged beyond repair; or C Has deteriorated to the extent it no longer serves to identify the buried decedent e.g., identifying elements of an inscription are not legible; or D Has been stolen or vandalized.
Authority: 38 U.S.C. 2306, 2402, 2404, sec.
203b, Pub. L. 110157, 121 Stat. 1831
The Office of Management and Budget has approved the information collection requirements in this section under control number 29000222.

5. Revise 38.361 to read as follows:

38.631 Memorial headstones and markers.

a Eligibility. 1 VA will furnish, when requested under paragraph b1
of this section, a memorial headstone or marker to commemorate the following individuals whose remains are unavailable:
i A veteran which includes an individual who dies in the active military, naval, or air service, where the headstone or marker may be provided for a national cemetery, a State, local, or private cemetery, 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.
ii An individual who dies on or after November 11, 1998, who is the spouse or surviving spouse of a veteran which includes a surviving spouse who had a subsequent remarriage, or the spouse 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 death if such death occurs before October 1, 2024where the headstone or marker may be provided for a national cemetery, a veterans cemetery owned by a State, or a veterans cemetery of a Tribal Organization or on land owned by or held in trust for a Tribal Organization;
iii An individual who dies on or after November 11, 1998, who is an eligible dependent child of a veteran, or
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the eligible dependent 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 childs death if such death occurs before October 1, 2024where the headstone or marker may be provided for a national cemetery, a veterans cemetery owned by a State, or a veterans cemetery of a Tribal Organization or on land owned by or held in trust for a Tribal Organizationif that dependent child is:
A Under the age of 21 years; or B Under the age of 23 years if pursuing a course of instruction at an approved educational institution; or C Unmarried and became permanently physically or mentally disabled and incapable of self-support before reaching the age of 21 years, or before reaching the age of 23 years if pursuing a course of instruction at an approved educational institution.
2 When VA has furnished a burial headstone or marker under 38.630a1, VA will, if feasible, add a memorial inscription to that headstone or marker or provide a replacement headstones or marker to newly include a memorial inscription rather than furnishing a separate memorial headstone or marker for the surviving spouse or eligible dependent child of such individual, in accordance with 38
U.S.C. 2306g1.
3 When VA has furnished a memorial headstone or marker under paragraph a1 of this section for purposes of commemorating a veteran or an individual who died in the active military, naval, or air service, VA will, if feasible, add a memorial inscription to that headstone or marker or provide a replacement headstones or marker to newly include a memorial inscription rather than furnishing a separate memorial headstone or marker for the surviving spouse or eligible dependent child of such individual, in accordance with 38 U.S.C. 2306g2.
b General1 Application. i An applicant, as defined in paragraph c1
of this section, may request a memorial headstone or marker by completing and submitting VA Form 401330, Claim for Standard Government Headstone or Marker. VA Form 401330 includes application and submission instructions and is accessible through the following link: https www.va.gov/vaforms/va/
pdf/VA40-1330.pdf.
ii A representative of a private cemetery or local government cemetery that accepts delivery of a memorial headstone or marker must certify on VA
Form 401330 that placement of the
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