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Updated Dec 14, 2021

In This Section

  

This section contains the following topics:

Topic
Topic Name
1
2
3
 

 1.  Certificate

Introduction

  

Change Date

  
June 30, 2020

XI.iii.1.D.1.a. Qualifying Eligibility for a Certificate

  
The Department of Veterans Affairs (VA) may issue a Presidential Memorial Certificate (Certificate) to eligible persons to honor the memory and service of
  • Veterans who received an honorable or general under honorable conditions discharge, and
  • service members who died while on active military service.
Wartime service is not a prerequisite, nor does a death certificate need to be of record before a Certificate can be issued.
 
Reference:  For more information about Certificate eligibility, see

XI.iii.1.D.1.b.  Who Is Eligible to Receive a Certificate

  
A Certificate may be authorized to the following persons:
  • next-of-kin
  • relative or friend upon request, or
  • authorized service organization representatives acting on behalf of a relative or friend of the deceased Veteran.

XI.iii.1.D.1.c. When a Certificate Is Not Authorized

  
Certificates are not authorized when
  • a Veteran is missing or presumed dead
  • private organizations seek to honor deceased Veterans or service members by displaying Certificates
  • there is any question concerning the type of discharge the Veteran received from the Armed Forces
  • a Veteran has been convicted of a
    • Federal capital crime and sentenced to death or life imprisonment
    • State capital crime and sentenced to death or life imprisonment without parole, or
    • Federal or State crime resulting in
      • the person’s classification as a tier III sex offender for purposes of the Sex Offender Registration and Notification Act
      • sentencing to a minimum of life imprisonment, and
      • final conviction, or
  • a Veteran has committed a Federal or State capital crime, but has not been convicted by reason of being unavailable for trial due to death or flight to avoid prosecution.
Notes:
  • In cases of conviction of capital and/or sex crimes, the above prohibitions do not apply unless written notice of conviction is received before approval of the application for a Certificate.  The notice is furnished by the Attorney General in the case of a Federal crime, and by the appropriate State official in the case of a State crime.
  • In cases where a Veterans Benefits Administration employee has a reasonable knowledge of or suspects the decedent’s potential involvement in a capital or sex crime (due to, for example, a news article, high-profile notice, or television or radio report), the Certificate request must not be processed until verification or validation for eligibility is established.
References:  For more information on
  • prohibitions based Federal or State capital/sex crimes, see 38 U.S.C. 2411, and
  • the Sex Offender Registration and Notification Act, see 34 U.S.C. 20901.

XI.iii.1.D.1.d.  Verification of Service for Certificates

  
Before issuing a Certificate, verify the Veteran’s service through
  • the Beneficiary Identification and Records Locator Subsystem (BIRLS), or
  • other evidence of qualifying service, such as an original or certified copy of the Veteran’s DD Form 214, Certificate of Release or Discharge from Active Duty.
Important:  Do not develop to verify a Veteran’s service solely to determine eligibility for a Certificate.
 
References:  For more information on

XI.iii.1.D.1.e.  Issuing Certificates and Avoiding Duplication

  
Use the PRESIDENTIAL MEMORIAL CERTIFICATE screen in Share when issuing a Certificate.  This screen may be accessed
  • during claims establishment
  • during first notice of death (FNOD) processing, or
  • by using the PRESIDENTIAL MEMORIAL CERTIFICATE command.
Only complete the PRESIDENTIAL MEMORIAL CERTIFICATE screen once when a date of death is entered during claims establishment or FNOD processing to avoid sending more than one certificate.
 
Use the table below to avoid inappropriately issuing multiple Certificates.
 
If …
Then …
the Veteran had a running award at the time of death
  • assume that a Certificate has not already been issued, and
  • issue the Certificate.
  • the date of death is not in BIRLS, and
  • service is verified in BIRLS
  • assume that a Certificate has not been issued, and
  • issue the Certificate.
  • the date of death is not in BIRLS, and
  • service is not verified in BIRLS
  • assume that a Certificate has not been issued, and
  • if evidence is available to verify service, issue the Certificate.
If evidence is not available to verify service, forward the request to NCA at:
 
Memorial Programs Service (41A1)
Department of Veterans Affairs
5109 Russell Road
Quantico, VA  22134-3903
 
Or fax requests to NCA at 1-800-455-7143.
 
References:  For more information on

XI.iii.1.D.1.f.  Ensuring Accuracy of the Certificate

  
VA personnel must input the Veteran’s name and recipient address information correctly.
 
Use the guidelines listed below to ensure that the information on the Certificate is accurate.
  • If the Veteran’s name is not displayed correctly, type the correct name in the fields provided in the upper right section of the PRESIDENTIAL MEMORIAL CERTIFICATE screen.
  • Entries should be in upper and lower case, as appropriate.  Never use all capital letters when entering information in the VETERAN NAME field.
  • Use a comma between the Veteran’s name and suffixes, such as Jr. or Sr.
  • Do not use a comma between the Veteran’s name and Roman numeral suffixes, such as II, III, or IV.
Notes:
  • Check that the title, name, and full delivery address (street number and name, or U.S. Post Office Box number, city, state, and zip code) of the Certificate recipient is accurate; otherwise, the Certificate may not reach the intended recipient.
  • Write out the complete address, including the name of the country, when sending a Certificate to a foreign address.  In the five-position zip code field, enter FZ, plus the appropriate three-position country code.

XI.iii.1.D.1.g.  Annotating Certificate Mail

  
Date and initial Certificate mail whenever a
  • Certificate is issued, or
  • FNOD is processed and a Certificate is not issued.
Note:  If notice of death (NOD) mail is located in an electronic claims folder (eFolder), then make an electronic annotation in the appropriate system.
 
Annotation Examples:
  • Presidential Memorial Certificate issued 10/23/18, NEF.
  • Presidential Memorial Certificate not issued 10/14/19, CLP.
  • Presidential Memorial Certificate request sent to NCA 10/15/19, REJ.
Reference:  For more information on VBMS annotations, see the

XI.iii.1.D.1.h.  Issuing a Certificate When Service Cannot Be Verified

  
Follow the instructions in the table below to issue a Certificate when service cannot be verified.
 
If service is not verified in BIRLS and …
Then …
  • an eFolder exists,or a claims or NOD folder is located at the regional office (RO) processing the NOD mail, and
  • the Veteran did not have a running award at the time of death
  • check the eFolder, claims, or NOD folder to see if the death occurred within the last 12 calendar months, and
  • issue a Certicate.
the Veteran had a running award at the time of death
issue a Certificate.
 

XI.iii.1.D.1.i.  Requests for Multiple Certificates

  
If more than one Certificate is requested at the same time, issue only one, and send the claimant a VA Form 40-0247, Presidential Memorial Certificate Request Form, to request additional Certificates.

XI.iii.1.D.1.j.  Considering COD When Handling Certificate Requests

  
In some cases, an applicant may request a Certificate for a Veteran who was discharged under other than honorable conditions.  If the Veteran’s character of discharge was under conditions other than
  • honorable
  • under honorable, or
  • general,
advise the applicant that there is no eligibility for the memorial certificate.  Do not
  • furnish notice of procedural and appellate rights, or
  • make a character of discharge determination solely to determine eligibility for the Certicate.
Note:  If there were two or more separate periods of service, with at least one discharge under honorable conditions or general under honorable, issue a Certificate.
 
Reference:  For more information on when the Department of Defense’s characterization of service is binding on VA, see M21-1, Part X, Subpart iv, 1.A.1.b.

XI.iii.1.D.1.k.  Printing Certificates

  
Certificates are printed at VA Central Office (403C) based on information furnished in the PRESIDENTIAL MEMORIAL CERTIFICATE screen in Share.
 

 2.  Burial Flags

 
 

Introduction

  

Change Date

  
June 30, 2020

XI.iii.1.D.2.a.   Veterans Eligible for a Burial Flag

  
Generally, VA will furnish a burial flag for Veteran discharged under conditions other than dishonorable.  This includes Veterans who
  • served during wartime
  • died on active duty after May 27, 1941
  • served after January 31, 1955, or
  • served during peacetime and were discharged or released before June 27, 1950.
VA will also furnish a burial flag to memorialize
  • Veterans who served in the Philippine military forces while such forces were in the service of the U.S. armed forces under the President’s Order of July 26, 1941 and died on or after April 25, 1951
  • Veterans who served in the Philippine military services and are eligible for burial in a national cemetery
  • Veterans who were entitled to retired pay for service in the reserves, or would have been entitled to such pay but not for being under 60 years of age, or
  • members or former members of the Selected Reserve (Army, Air Force, Coast Guard, Marine Corps, or Naval Reserve; Air National Guard; or Army National Guard) who served at least one enlistment or, in the case of an officer, the period of initial obligation, or were discharged for disability incurred or aggravated in line of duty, or died while a member of the Selected Reserve.
Reference:  For more information on eligibility for burial flags see 38 CFR 1.10.

XI.iii.1.D.2.b.  Veterans Not Eligible for a Burial Flag

  
After September 1, 1959, an individual convicted of any specified offenses involving subversive activities forfeits the rights to any VA gratuitous benefits.  Additional offenses involving subversive activities were added for claims filed after December 16, 2003.
 
For deaths that occurred on or after December 6, 2002, under Public Law (PL) 107-330, VA will not furnish a burial flag for memorialization of a person who has
  • been convicted of a Federal capital crime and sentenced to death or life imprisonment
  • been convicted of a State capital crime and sentenced to death or life imprisonment without parole, or
  • committed a Federal or State capital crime but has not been convicted of such crime by reason of being unavailable for trial due to death or flight to avoid prosecution.
For burials on or after January 10, 2013, under PL 112-260, VA will not
furnish a burial flag for interment or memorialization of a person who has been convicted (where said conviction is final) of a Federal or State crime causing the person to be
  • a tier III sex offender for purposes of the Sex Offender Registration and Notification Act, and
  • sentenced to a minimum of life imprisonment for the crime.
Note:  In cases of conviction for capital/sex crimes, the prohibitions do not apply unless written notice of conviction is received prior to the approval of an application for a burial flag.  Such notice shall be furnished by the Attorney General, in the case of a Federal capital crime, and by the appropriate State official in the case of a State capital crime.
 
References:  For more information on

XI.iii.1.D.2.c.  Required Application for a Burial Flag

  
Burial flags may be issued upon receipt of a properly completed VA Form 27-2008, Application for United States Flag for Burial Purposes.

XI.iii.1.D.2.d.  Who May Receive a Burial Flag

  
A burial flag may be issued to the next-of-kin, close friend or associate of the deceased Veteran.
 
Important:  VA will not issue a flag if the close friend or associate is also entitled to receive a burial flag from the service department.

XI.iii.1.D.2.e.  Obtaining a Burial Flag

  
Applicants seeking a burial flag are required to submit a completed VA Form 27-2008, and attach a copy of DD Form 214, or other documentation that contains acceptable evidence of the eligibility of the deceased Veteran whenever possible.
 
Notes:
  • Issuing a flag may not be delayed or refused because appropriate documentation is not available at the time of request.
  • When flag eligibility is in doubt, the nearest RO may be contacted for assistance in clarifying the deceased Veteran’s status; however, due to time sensitivity, a properly completed VA Form 27-2008 verifying eligibility will be accepted.
  • A flag may be issued subsequent to interment when circumstances prevent securing one to drape the casket.  There is no time limit for request of a flag.
  • Only one flag may be issued for each deceased Veteran.

XI.iii.1.D.2.f.    Issuing a Burial Flag to Next-of-Kin

  
When a flag is actually used to drape the casket of a deceased Veteran, it must be delivered to the next-of-kin following interment.
 
The term next-of-kin, for the purpose of issuing a burial flag, includes the following person(s), listed in order of preference:
  • surviving spouse
  • children, in order of age
  • parents
  • brothers or sisters
  • uncles or aunts
  • nephews or nieces, and
  • others, such as cousins or grandparents.

XI.iii.1.D.2.g.  Issuing a Burial Flag to Close Friend or Associate

  
When the flag is not claimed by the next-of-kin, it may be given, upon request, to a close friend or associate of the deceased Veteran.

XI.iii.1.D.2.h.  When MoreThan One Claim for a Burial Flag Is Received

  
When more than one request for the burial flag is received, and each is accompanied by satisfactory evidence of relationship or association, the head of the VA facility having jurisdiction over the burial flag quota will determine which applicant is the one most equitably entitled to the burial flag.

XI.iii.1.D.2.i.  Who May Issue a Burial Flag

  
The following facilities may issue burial flags:
  • ROs (specifically, Veterans Service Centers (VSCs))
  • other VA facilities
  • U.S. post offices
  • hospitals and sanitariums under contract with VA, and
  • Federally-aided State Veterans’ homes.
Notes:
  • These facilities are referred to as issue points.
  • Pension management centers (PMCs) do not issue burial flags.

XI.iii.1.D.2.j.  VSC Responsibilities Upon Receipt of VA Form 27-2008

  
Following receipt of a VA Form 27-2008, VSCs will
  • ensure the
    • application has been completed properly, and
    • Burial Flag Issued indicator, found on the BIRLS INACTIVE COMP AND PENSION screen, is not already selected/active
  • issue the requested burial flag, if/as appropriate, and
  • forward the completed application to NCA at the following address within three days of flag issuance:
Memorial Programs Service (41A1)
Department of Veterans Affairs
5109 Russell Road
Quantico, VA 22134-3903.
 
Important:
  • Under no circumstances may flags be issued without a properly completed form.
  • Do not delay or refuse burial flag issuance merely because additional documentation, such as a discharge certificate or DD Form 214, is not attached or available at the time of the request, as long as the requestor signs the application, certifying eligibility.
  • VSCs must ensure that a legible address is entered in VA Form 27-2008’s ADDRESS OF POST OFFICE OR OTHER FLAG ISSUE POINT field to ensure a replenishment flag can be issued.
Notes:
  • Following receipt of the forwarded VA Form 27-2008, NCA will process the necessary FNOD transaction associated with the Veteran’s passing, if needed.
  • PMCs do not process VA Form 27-2008 applications.
Reference:  For more information on replenishing burial flags, see M21-1, Part XI, Subpart iii, 1.D.2.l.

XI.iii.1.D.2.k.  Availability of Burial Flags

  
All VA offices are initially supplied with an operating inventory of flags based upon demand and other local conditions and must maintain a sufficient supply of flags.  Flags stocked for these purposes must not be displayed in public contact areas.
 
Each issue point is responsible for maintaining its stock of flags.

XI.iii.1.D.2.l.  Replenishing Burial Flags

  
All VSCs issuing flags must have an assigned point of contact responsible for requesting replenishment of stock.
 
Requests for replenishment of burial flags are submitted directly to and serviced by the VA Service and Distribution Center (SDC) in Hines, Illinois.  For questions about or problems with the replenishment process, SDC’s Operations Division may be contacted for assistance via e-mail at Flags.Interment@va.gov, or, in an emergency, via telephone at (708) 786-7758 or 7508.
 
Reference:  For more information about the replenishment of burial flags, see SDC Memorandum 796-20-01, Guidance for the Distribution and Replenishment of Burial Flags.

XI.iii.1.D.2.m.  Donation of Burial Flags to VA National Cemeteries

  
Families may donate U.S. flags received upon the death of a Veteran for use on national holidays at VA national cemeteries.  Upon inquiry, inform the families that donated flags should be
  • given or mailed to the director of any national cemetery selected by the donor, and
  • accompanied by a written request that the flag be flown in that cemetery.
If the next-of-kin brings a flag to a VSC,
  • accept it along with a written statement, and
  • forward it to the cemetery chosen by the donor.
 

 3.  Burial Headstones and Markers

 

Introduction

  

This topic contains information on issuing burial headstones and markers, including

Change Date

  
June 30, 2020

XI.iii.1.D.3.a.  Who Is Eligible for a Government Headstone or Marker

  
Except for those listed in M21-1, Part XI, Subpart iii, 1.D.3.b, VA will furnish a government headstone or marker for a Veteran who is
  • buried in a national, State-owned, or post cemetery, or
  • eligible for burial in a national cemetery, but not buried there, provided the Veteran
    • meets the length of service requirements as established by PL 96-342
    • died while on active military, naval, or air service
    • was a member of the Reserve Officer Training Corps of the Army, Navy, or Air Force, whose death occurred while attending or on authorized travel to a training camp or practice cruise, or while hospitalized or undergoing treatment at the expense of the U.S. for injury or disease incurred during an authorized training camp or practice cruise
    • was a member of the Reserve component of the Armed Forces or the Army National Guard, whose death occurred while hospitalized or undergoing treatment at the expense of the U.S. for injury or disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training
    • was a member of specifically designated groups recognized as Veterans as a result of 1977 legislation allowing the Department of Defense to grant military discharges for certain wartime service previously considered civilian, or
    • was a soldier of the Union or Confederate Army of the Civil War.

XI.iii.1.D.3.b.  Who Is Not Eligible for a Government Headstone or Marker

  
The same legislative history, prohibitions, and principles discussed in M21-1, Part XI, Subpart iii, 1.D.2.b, relative to the commission of (1) specified offenses involving subversive activities and (2) Federal and State capital/sex crimes, apply equivalently in rendering individuals ineligible for memorialization with government headstones and markers.
 
References:  For more information on

XI.iii.1.D.3.c.  Government Headstone or Marker for Deaths Before November 1, 1990

  
For Veterans’ deaths occurring before November 1, 1990, government headstones or markers are furnished for unmarked graves only.

XI.iii.1.D.3.d.  Government Headstone or Marker for Deaths on or After November 1, 1990

  
Under PL 110-157, which amends PL 107-330, government headstones or markers may also be furnished if the Veteran died on or after November 1, 1990, regardless of whether the grave is already marked with a headstone or marker purchased at private expense.

XI.iii.1.D.3.e.  Furnishing a Memorial Headstone or Marker When There Is No Grave

  
A memorial headstone or marker, if requested, is furnished for placement by the applicant in any national, private, or local cemetery to commemorate any Veteran whose remains
  • have not been recovered or identified, or
  • were
    • buried at sea
    • donated to medical science, or
    • cremated and the remains scattered.

XI.iii.1.D.3.f.  Costs Associated With Transportation and Placement of a Government Headstone or Marker

  
The government prepays shipping charges to the extent indicated on VA Form 40-1330, Claim for Standard Government Headstone or Marker.
 
The government does not cover the following costs:
  • transportation of the headstone from the consignee’s address to the private cemetery, or
  • erection of the headstone at the grave.

XI.iii.1.D.3.g.  Required Application for a Government Headstone or Marker

  
A claim for a standard government headstone or marker for installation in a private or local cemetery is made on VA Form 40-1330.
 
Note:  If a VA marker is issued and the family later purchases a headstone, NCA will send the family a letter requesting the marker be returned.

XI.iii.1.D.3.h.  Address for Referral of Requests for a Government Headstone or Marker

  
Refer requests for a government headstone or marker to NCA at the following address:
 
Memorial Programs Service (41B)
Department of Veterans Affairs
5109 Russell Road
Quantico, VA 22134-3903.
 
Claims processors may also fax requests to NCA at 1-800-455-7143.

XI.iii.1.D.3.i.  Eligibility Requirements for Reimbursement of Non-Government Headstones and Markers

  
Between October 18, 1978, and October 31, 1990, VA reimbursed individuals for privately purchased headstones and markers.  Section 8041 of PL 101-508 repealed the statute, effective November 1, 1990, to preclude such reimbursements.
 
To be eligible for reimbursement of a non-government headstone or marker, a Veteran must have
  • been buried on or after October 18, 1978
  • died prior to November 1, 1990, and
  • been otherwise entitled to a government headstone or marker.
Exception:  Neither Veterans buried in a State-owned Veterans or post cemetery nor soldiers of the Union or Confederate Armies are eligible.
 
Notes:
  • Award reimbursement for a non-government headstone or marker can be made for a Veteran who died before his/her service was recognized under PL 95-202, if he or she meets the eligibility requirements listed above.
  • The deceased’s grave or memorial site must not have been previously marked for the deceased.
  • The headstone or marker must have been privately purchased for placement in a non-national cemetery.
  • The rate of reimbursement is the rate that was effective at the time the non-government headstone or marker was purchased.
References:  For more information on
  • the amount payable  for non-Government headstones and markers, see  M21-1, Part XI, Subpart iii, 1.D.3.n
  • the enactment of headstone and marker reimbursement, see PL 95-476
  • the repeal of headstone and marker reimbursement, see PL 101-508, and
  • Veterans who died before their service was recognized, see

XI.iii.1.D.3.j.  Required Application for Headstone Reimbursement

  
A claim for reimbursement for a non-government headstone or marker is made on VA Form 21P-8834, Application for Reimbursement of Headstone or Marker Expenses.

XI.iii.1.D.3.k.  Eligible Claimants for Non-Government Headstones

  
Any person, including the executor, administrator, or a person representing the deceased’s estate, who purchased the headstone or marker or who paid for the additional engraving on an existing headstone or marker may file a claim.

XI.iii.1.D.3.l.  Required Evidence for Reimbursement or Marker Expenses

  
Before award action can be taken, a receipted bill showing the following is required:
  • the name of the deceased Veteran for whom the headstone, marker, or additional engraving was purchased,
  • a description of the nature and cost of the merchandise or services
  • the name of the persons who made payment, and
  • the amount of any unpaid balance.
Important:
  • Do not accept an affidavit or other statement by the claimant purporting to show payment in lieu of a receipted bill.
  • Retain all evidence received in connection with the claim and do not return receipts submitted in support of it.

XI.iii.1.D.3.m.  Time Limit for Headstone Reimbursement

  
There is no time limit for applying for reimbursement for a non-Government headstone or marker.

XI.iii.1.D.3.n.  Amount Payable for Non-Government Markers

  
The amount of reimbursement will be the lesser of the
  • actual cost of the non-government headstone, marker, or additional engraving, or
  • amount determined by NCA to be in effect at the time of purchase.
Entitlement to both a government headstone and reimbursement for a non-government headstone does not exist.
 
Note:  This determination is made at the end of each fiscal year and is based on the average cost of government-procured headstones and markers during that period.

XI.iii.1.D.3.o.  Priority of Payment

  
The first claim for reimbursement accompanied by a receipted bill will take precedence over any other claim for reimbursement.

XI.iii.1.D.3.p.  Reimbursement for Prepaid Headstones or Markers

  
Use the table below to determine reimbursement for prepaid headstones or markers.
 
If the headstone or marker was purchased before the Veteran’s death and burial occurred …
Then …
before December 18, 1989
limit the payment to reimbursement of the expense of engraving added to the headstone subsequent to the Veteran’s death.
 
Note:  There is no entitlement to reimbursement for the cost of the headstone in such cases.
on or after December 18, 1989
pay the monetary allowance for acquiring a non-government headstone or marker to the estate of the deceased Veteran.
 
Note:  The allowance is not payable if the
  • Veteran died after October 31, 1990, or
  • headstone or marker was purchased prior to October 18, 1978, the date the law providing payment for a non-government headstone or marker was enacted.
 
Reference:  For more information on making a payment to the deceased Veteran’s estate, see M21-1, Part XI, Subpart iii, 1.C.2.a.

XI.iii.1.D.3.q.   Reimbursement When No Administrator or Executor Exists

  
If there is no administrator or executor, make payment to a claimant who
  • signs a statement attesting to this fact, and
  • indicates that he/she will distribute the payment under the laws of the State of the decedent’s domicile.
Note:  The procedures for identifying unpaid creditors do not apply to reimbursement for headstone or marker expenses.