Military Funeral Honors and Military
Cemeteries: Frequently Asked Questions
Barbara Salazar Torreon
Information Research Specialist
May 3, 2013
Congressional Research Service
7-5700
www.crs.gov
RS21545
CRS Report for Congress
Pr
epared for Members and Committees of Congress
Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
Summary
This report is written in response to frequently asked questions about military funeral honors and
military cemeteries. It provides information on the eligibility criteria, required components of the
honor detail, and the funeral ceremony. It also cites legislation that mandates that the Department
of Defense (DOD) make military funeral honors available to every eligible veteran upon request.
This report will be updated as needed. For related reading, see CRS Report R42651, FY2013
National Defense Authorization Act: Selected Military Personnel Policy Issues, coordinated by
Catherine A. Theohary, and CRS Report R41386, Veterans’ Benefits: Burial Benefits and
National Cemeteries, by Christine Scott.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
Contents
What Are Military Funeral Honors? ................................................................................................ 1
What Legislation Provides for the Implementation of the Current Military Funeral
Honors Program? .......................................................................................................................... 1
What Agency Is Responsible for Administering the Military Funeral Honors Program? ............... 1
Who Is Eligible for Military Funeral Honors? ................................................................................. 1
Who Is Ineligible for Military Funeral Honors? .............................................................................. 2
What Is the Required Composition of a Military Funeral Honors Detail? ...................................... 2
What Is the Protocol for the Flag Presentation to Next of Kin? Are There Any Recent
Changes? ....................................................................................................................................... 3
How Many Military Funerals Requested Military Honors? ............................................................ 4
Are Military Bands Used at Military Funerals? ............................................................................... 4
Who Is Responsible for Making the Arrangements for Honors to be Performed? .......................... 4
Are Members of the Military Honors Detail Paid? .......................................................................... 4
How Many Military Funeral Honors for Veterans Requests Are Supported Only by
Veterans Service Organizations? .................................................................................................. 5
What Military Honors Are Afforded to Individuals Interred or Inurned at Arlington
National Cemetery? ...................................................................................................................... 6
What Are the Available Emblems of Belief for Placement on Government Headstones
and Markers? ................................................................................................................................ 6
Are Same-Sex Partners Allowed to be Buried at Arlington National Cemetery? What
Other Funeral Benefits Are Allowed for Same-Sex Partners? ...................................................... 7
Contacts
Author Contact Information............................................................................................................. 7
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
What Are Military Funeral Honors?
The Department of Defense (DOD) defines military funeral honors as the ceremonial paying of
respect and the final demonstration of the country’s gratitude to those who, in times of war and
peace, have faithfully defended our nation. Members of the funeral honors detail fold and present
the American flag to the veteran’s survivor and “Taps” is sounded.1
What Legislation Provides for the Implementation
of the Current Military Funeral Honors Program?
The National Defense Authorization Act for FY2000, P.L. 106-65, as amended, sets out the
requirements for funeral honors and mandates military honors at funerals for all eligible
veterans.2 The originating language can be found in the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999, H.Rept. 105-736, Section 567: “The conferees agree that
men and women, who have served honorably, whether in war or peace, deserve commemoration
for their military service at the time of their death by an appropriate tribute. Burial honors are an
important means of reminding Americans of the sacrifices endured to keep the Nation free.”
What Agency Is Responsible for Administering the
Military Funeral Honors Program?
The Department of Defense is responsible for providing military honors to eligible veterans.
DOD Instruction 1300.15 updates policy and responsibilities for military funeral support. DOD
has established a website that provides information including eligibility criteria, the text of
relevant legislation, information for funeral directors, and related links, at
https://www.dmdc.osd.mil/mfh/http://www.militaryfuneralhonors.osd.mil/. Questions or
comments regarding the program can be addressed to: Deputy Assistant Secretary of Defense,
(Military Community and Family Policy), 4000 Defense Pentagon, Room 5A726, Washington,
DC 20380-400.
Who Is Eligible for Military Funeral Honors?
Military members in the following categories are eligible for military funeral honors: military
personnel on active duty; former military members who served on active duty and were
discharged under conditions other than dishonorable (as described below); members of the
Selected Reserve; former members of the Selected Reserve who served at least one term of
enlistment or period of initial obligated service and were discharged under conditions other than
1 Department of Defense Instruction 1300.15, “Military Funeral Support,” October 22, 2007, at http://www.dtic.mil/
whs/directives/corres/pdf/130015p.pdf.
2 10 U.S.C. 1491.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
dishonorable; and former members of the Selected Reserve who were discharged due to a service-
related disability.3
Who Is Ineligible for Military Funeral Honors?
Veterans are ineligible if convicted of a capital offense (as defined in the National Defense
Authorization Act for FY2006, P.L. 109-163, Section 662), or when the circumstances involved
would bring discredit upon the person’s service or former service. Veterans are also ineligible if
they were discharged from the military under dishonorable conditions. These conditions include
dishonorable discharge, bad conduct discharge, dismissal from the service awarded by court-
martial, other than honorable conditions discharge, and for officers who resign for the good of the
service in lieu of courts-martial, which results in a discharge characterization of other than
honorable conditions.
P.L. 109-163 (Section 662) modified titles 10 and 38 of the U.S. Code, to expand the prohibition
against the interment of anyone in a national cemetery, as well as the use of military honors, for
anyone convicted of a capital offense (as defined), or when the circumstances involved would
bring discredit upon the person’s service or former service. This language expands upon P.L. 105-
116 that Congress passed in 1997. That law barred those convicted of capital crimes from being
buried in a national cemetery. The 1997 law was ostensibly passed to prevent the possibility of
Oklahoma City bomber Timothy McVeigh, a veteran, from being buried at Arlington National
Cemetery. McVeigh was put to death on June 11, 2001.
Section 404 of P.L. 109-461 required the removal of Russell Wayne Wagner’s remains from the
columbarium at Arlington National Cemetery. An honorably discharged Vietnam veteran, Wagner
was convicted of killing an elderly Maryland couple in 1994. Wagner died in 2005 while serving
two life terms in prison. Because he was eligible for parole, he qualified for burial at Arlington.
Following protests from the murdered couple’s son, language was included in the Veterans
Benefits, Health Care and Information Technology Act of 2006, P.L. 109-461, requiring the
removal of Wagner’s remains. The Superintendent of the Arlington Cemetery reported that the
cremated remains of Russell Wayne Wagner have been removed from Arlington National
Cemetery and turned over to his sister.4
What Is the Required Composition of a Military
Funeral Honors Detail?
The military services operate under service-specific policies; the honors vary from service to
service and are dependent upon available resources. At the minimum, a funeral honors detail
3 According to CRS Report RL30802, Reserve Component Personnel Issues: Questions and Answers, by Lawrence
Kapp, “The Selected Reserve contains units and individuals most essential to wartime missions, in accordance with the
national security strategy. They have priority over other reservists for training and equipment. Members of the Selected
Reserve are generally required to perform one weekend of training each month (‘inactive duty for training’ or IDT, also
known as ‘weekend drill’) and two weeks of training each year (‘annual training’ or AT, sometimes known colloquially
as ‘summer camp’) for which they receive pay and benefits.”
4 Document available at http://www.arlingtoncemetery.net/rwwagner.htm.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
consists of two members of the Armed Forces, at least one of which is a member of the veteran’s
military service.
Funeral honors details may be augmented with volunteers who are military veterans and who are
members of veterans’ service organizations, such as the American Legion and the Veterans of
Foreign Wars, or other appropriate organizations. The Authorized Provider Partnership Program
(AP3) was established to provide training for these volunteers to standardize the quality of the
honors rendered. Volunteers can participate as firing party members, pallbearers, and buglers,
among other duties. When a trained bugler is not available, a recorded version of “Taps” may be
played. DOD also approved the use of a ceremonial bugle, which contains a device in the bell of
the bugle that plays a recorded version of “Taps.” For more information, see the Department of
Defense Ceremonial Bugle at https://www.dmdc.osd.mil/mfh/getLinks.do?tab=Bugle.
What Is the Protocol for the Flag Presentation to
Next of Kin?5 Are There Any Recent Changes?
After “Taps” has been played, the flag is folded into the tri-cornered shape. The folded flag is
then presented to the next of kin or appropriate family member. Each branch of the Armed Forces
uses its own wording for the presentation. Please note: A number of Internet postings have
suggested that the flag presentation speech was changed from “On behalf of a grateful nation and
the President of the United States” to “On behalf of a grateful nation and the Secretary of
Defense.” There is no new policy regarding the flag presentation. As stated below, each service
has its own wording for the flag presentation:
U.S. Army—“This flag is presented on behalf of a grateful nation and the United States Army as
a token of appreciation for your loved one’s honorable and faithful service.”
U.S. Navy—“On behalf of the President of the United States and the Chief of Naval Operations,
please accept this flag as a symbol of our appreciation for your loved one’s service to this
Country and a grateful Navy.”
U.S. Air Force—“On behalf of the President of the United States, the Department of the Air
Force, and a grateful nation, we offer this flag for the faithful and dedicated service of rank and
name of deceased.”
U.S. Marine Corps—“On behalf of the President of the United States, the Commandant of the
Marine Corps, and a grateful nation, please accept this flag as a symbol of our appreciation for
your loved one’s service to Country and Corps.”
U.S. Coast Guard—“On behalf of the President of the United States, the Commandant of the
Coast Guard, and a grateful nation, please accept this flag as a symbol of our appreciation for
your loved one’s service to Country and the Coast Guard.”
5 Military Funeral Honors Commander’s Reference, Flag Presentation Protocol, Department of Defense at
http://www.mfhcmdrs.osd.mil/mfhcr_edu_present.htm, and https://www.dmdc.osd.mil/mfh/getLinks.do?tab=Flag.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
Also, if the next of kin has expressed a religious preference or belief, “God bless you and this
family, and God bless the United States of America” is added to the end of the statement.
How Many Military Funerals Requested Military
Honors?
According to the Office of the Secretary of Defense (OSD) Legislative Affairs, in 2010, there
were more than 236,000 military funerals requested. Of the 236,000 military funerals, 25,000 had
an actual military bugler play “Taps,” 15,000 had a bugler from a Veterans Service Organization
(VSO) play “Taps,” and 185,000 military funerals had ceremonial bugles.6
Are Military Bands Used at Military Funerals?
According to the historian at the Department of Veterans Affairs (VA) National Cemetery System
(NCS), the use of military bands is extremely rare and the NCS does not maintain statistics on the
use of military bands at military funerals.7 The historian noted that even President Kennedy’s
funeral with full military honors at Arlington National Cemetery consisted of the 3rd Infantry’s
Colonial Fife and Drum Corps and not a military band.8
Who Is Responsible for Making the Arrangements
for Honors to be Performed?
Honors are not performed automatically; they must be requested. Families of eligible veterans
must request funeral honors through their funeral director. The funeral director is to contact the
appropriate military service to arrange for the funeral honors detail. See the FAQs for Funeral
Directors at https://www.dmdc.osd.mil/mfh/getLinks.do?tab=DirFAQ.
Are Members of the Military Honors Detail Paid?
Members of the Ready Reserve9 or retired military personnel who are part of a military funeral
detail may receive pay, allowances, travel, and transportation reimbursements.10 Ready Reserve
6 Information provided to CRS by the Office of the Secretary of Defense (OSD) Legislative Affairs Office on July 7,
2011. Note: Current data is pending from DOD. These statistics will be updated as soon as the data is released.
7 Information provide by Sarah Leach, historian with the VA’s National Cemetery System, on July 7, 2011.
8 The Last Salute: Civil and Military Funerals 1921-1969, Chapter 23, “President John F. Kennedy State Funeral 22-25
November 1963” at http://www.history.army.mil/books/Last_Salute/ch23.htm. For more information on military bands,
see “Strike up the Band” by Mark Cantrell, Military Officer, October 2011, pp. 50-55.
9 According to CRS Report RL30802, Reserve Component Personnel Issues: Questions and Answers, by Lawrence
Kapp, “The Ready Reserve is the primary manpower pool of the reserve components. Members of the Ready Reserve
will usually be called to active duty before members of the Standby Reserve or the Retired Reserve. The Ready
Reserve is made up of the Selected Reserve, the Individual Ready Reserve, and the Inactive National Guard.”
10 37 U.S.C. 435.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
personnel may also receive service credit for performing this duty.11 Survivors are not charged for
these services.
Section 571 of P.L. 107-314, the Bob Stump National Defense Authorization Act for FY2003,
enacted December 2, 2002, provides for a flat rate daily stipend for members of the funeral
honors detail who are not active duty military personnel. The current daily stipend is $50. The
U.S. Code provides at 10 U.S.C. 1491(d) (1) that to support a funeral honors detail under this
section, the Secretary of a military department may provide the following:
(A) For a person who participates in a funeral honors detail (other than a person who is a
member of the Armed Forces not in a retired status or an employee of the United States),
either transportation (or reimbursement for transportation) and expenses or the daily stipend
prescribed under paragraph (2).
(B) For members of a veterans organization or other organization referred to in subsection
(b) (2) and for members of the Armed Forces in a retired status, materiel, equipment, and
training.
(C) For members of a veterans organization or other organization referred to in subsection
(b)(2), articles of clothing that, as determined by the Secretary concerned, are appropriate as
a civilian uniform for persons participating in a funeral honors detail. Volunteers seeking
reimbursement should complete DOD Standard Form 1164 and submit it to the unit with
which they are volunteering.
How Many Military Funeral Honors for Veterans
Requests Are Supported Only by Veterans Service
Organizations?
DOD officials stated that the military, in accordance with the law, provides military personnel in
every instance in which the eligible survivors have requested such honors. Defense officials note,
however, that in some instances, funeral directors contact VSOs for such services with or without
seeking military personnel assistance. It is not possible to know how often this occurs. Financial
or other assistance (such as transportation, a stipend, or reimbursement for expenses) from the
military for VSO services may be provided by a nearby military unit. This assistance comes from
that unit’s funds. In some instances, state governments have provided assistance or benefits to
VSOs who perform these services.12 For a list of current VSOs, see the Directory 2012/2013,
Veterans and Military Service Organizations State Directors of Veterans Affairs at
http://www.va.gov/vso/VSO-Directory_2012-2013.pdf.
11 10 U.S.C. 12732(a) (2) (E).
12 In consultation with David F. Burrelli, CRS specialist in National Defense, Foreign Affairs, Defense, and Trade
Division on February 5, 2008. See also the Authorized Provider Partnership Program (AP3) website with a link to
Standard Form 1164 “Claim for Reimbursement for Expenditures on Official Business” at https://www.dmdc.osd.mil/
mfh/getLinks.do?tab=AP3.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
What Military Honors Are Afforded to Individuals
Interred or Inurned at Arlington National
Cemetery?
Eligibility criteria for interment or inurnment can be obtained from the Arlington National
Cemetery Website: http://www.arlingtoncemetery.mil/FuneralInformation/EstablishServices.aspx
or from the Interment Services Branch at (703) 607-8585. Once eligibility is determined, honors
are afforded according to rank. Enlisted personnel receive standard honors and a firing party.
Commissioned and warrant officers receive standard honors, a firing party, and may request the
caisson and escort troops. Those individuals who are eligible for inurnment in the columbarium
receive the standard honors and a firing party. All may request a military chaplain to preside over
the services. Effective January 1, 2009, all service members who die from wounds received as a
result of enemy action and are being interred, inurned, or memorialized at Arlington National
Cemetery are eligible to receive full military funeral honors. Additional details are in the
Administrative Guide to Information and Burial at Arlington National Cemetery at
http://www.arlingtoncemetery.mil/docs/FuneralInfo_AdminGuide2InfoBurial_ANC.pdf and
http://www.arlingtoncemetery.mil/FuneralInformation/MilitaryHonors.aspx.
What Are the Available Emblems of Belief for
Placement on Government Headstones and
Markers?
A current list of the approved emblems of belief can be found on the U.S. Department of Veterans
Affairs website at http://www.cem.va.gov/hmm/. An emblem of belief for Wicca, the pentacle,
was added to the list in 2007.13 According to the website, no graphics (logos, symbols, etc.) are
permitted on government-furnished headstones or markers other than the approved emblems of
belief, the Civil War Union Shield, the Civil War Confederate Southern Cross of Honor, and the
Medal of Honor insignias. The graphics of 20 representative emblems of belief for placement on
government-furnished headstones/markers is depicted on p.4 of the form “Claim for Standard
Government Headstone or Marker for Placement in a Private Cemetery or a State Veterans’
Cemetery” at http://www.va.gov/vaforms/va/pdf/VA40-1330.pdf.
13 Settlement agreement and stipulation of dismissal in the case of Circle Sanctuary v. Nicholson, U.S. Dist. Ct.,
Western Dist. of Wisconsin, Case No. 06-C-0660-S.
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Military Funeral Honors and Military Cemeteries: Frequently Asked Questions
Are Same-Sex Partners Allowed to be Buried at
Arlington National Cemetery? What Other Funeral
Benefits Are Allowed for Same-Sex Partners?
According to the DOD, same-sex partners are not allowed to be buried at Arlington or to receive
other death benefits that military spouses currently receive. With the 2010 repeal by P.L. 111-321
of the “Don’t Ask, Don’t Tell” law, the DOD has extended some benefits to same-sex domestic
partners of military members. However, the Defense of Marriage Act (DOMA) prohibits the
DOD from making available other benefits now provided to heterosexual military spouses and
their children, including death benefits. The DOMA is currently under review by the U.S.
Supreme Court. For additional information, see former Secretary of Defense Leon Panetta’s
February 11, 2013 statement on the Extension of Benefits to Same-Sex Partners at
http://www.defense.gov/releases/release.aspx?releaseid=15809 and the official DOD
memorandum listing all the benefits for same-sex partners at http://www.defense.gov/news/Same-
SexBenefitsMemo.pdf.
Author Contact Information
Barbara Salazar Torreon
Information Research Specialist
btorreon@crs.loc.gov, 7-8996
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