§ 553.12 Eligibility for interment in Arlington National Cemetery. Only those who qualify as a primarily eligible person or a derivatively eligible person are eligible for interment in Arlington National Cemetery, unless otherwise prohibited as provided for in §§ 553.19-553.20, provided that the last period of active duty of the service member or veteran ended with an honorable discharge. ( a ) *Primarily eligible persons.* The following are primarily eligible persons for purposes of interment: ( 1 ) Any service member who dies on active duty in the U.S. Armed Forces (except those service members serving on active duty for training only), if the General Courts Martial Convening Authority grants a certificate of honorable service.
( 2 ) Any veteran retired from a Reserve component who served a period of active duty (other than for training), is carried on the official retired list, and is entitled to receive military retired pay.
( 3 ) Any veteran retired from active military service and entitled to receive military retired pay.
( 4 ) Any veteran who received an honorable discharge from the Armed Forces prior to October 1, 1949, who was discharged for a permanent physical disability, who served on active duty (other than for training), and who would have been eligible for retirement under the provisions of 10 U.S.C. 1201 had the statute been in effect on the date of separation.
( 5 ) Any veteran awarded one of the following decorations: ( i ) Medal of Honor;
( ii ) Distinguished Service Cross, Air Force Cross, or Navy Cross;
( iii ) Distinguished Service Medal;
( iv ) Silver Star; or
( v ) Purple Heart.
( 6 ) Any veteran who served on active duty (other than active duty for training) and who held any of the following positions: ( i ) President or Vice President of the United States;
( ii ) Elected member of the U.S. Congress;
( iii ) Chief Justice of the Supreme Court of the United States or Associate Justice of the Supreme Court of the United States;
( iv ) A position listed, at the time the person held the position, in 5 U.S.C. 5312 or 5313 (Levels I and II of the Executive Schedule); or
( v ) Chief of Mission of a Category 4, 5, or 5+ post if the Department of State classified that post as a Category 4, 5, or 5+ post during the person's tenure as Chief of Mission.
( 7 ) Any former prisoner of war who, while a prisoner of war, served honorably in the active military service, and who died on or after November 30, 1993.
( b ) *Derivatively eligible persons.* The following individuals are derivatively eligible persons for purposes of interment who may be interred if space is available in the gravesite of the primarily eligible person: ( 1 ) The spouse of a primarily eligible person who is or will be interred in Arlington National Cemetery. A former spouse of a primarily eligible person is not eligible for interment in Arlington National Cemetery under this paragraph.
( 2 ) The spouse of an active duty service member or an eligible veteran, who was: ( i ) Lost or buried at sea, temporarily interred overseas due to action by the Government, or officially determined to be missing in action;
( ii ) Buried in a U.S. military cemetery maintained by the American Battle Monuments Commission; or
( iii ) Interred in Arlington National Cemetery as part of a group burial (the derivatively eligible spouse may not be buried in the group burial gravesite).
( 3 ) The parents of a minor child or a permanently dependent adult child, whose remains were interred in Arlington National Cemetery based on the eligibility of a parent at the time of the child's death, unless eligibility of the non-service connected parent is lost through divorce from the primarily eligible parent.
( 4 ) An honorably discharged veteran who does not qualify as a primarily eligible person, if the veteran will be buried in the same gravesite as an already interred primarily eligible person who is a close relative, where the interment meets the following conditions: ( i ) The veteran is without minor or unmarried adult dependent children;
( ii ) The veteran will not occupy space reserved for the spouse, a minor child, or a permanently dependent adult child;
( iii ) All other close relatives of the primarily eligible person concur with the interment of the veteran with the primarily eligible person by signing a notarized statement;
( iv ) The veteran's spouse waives any entitlement to interment in Arlington National Cemetery, where such entitlement might be based on the veteran's interment in Arlington National Cemetery. The Executive Director may set aside the spouse's waiver, provided space is available in the same gravesite, and all close relatives of the primarily eligible person concur; and
( v ) Any cost of moving, recasketing, or revaulting the remains will be paid from private funds.
( 5 ) A minor child or permanently dependent child of a primary eligible person who is or will be interred in Arlington National Cemetery.
[81 FR 65877, Sept. 26, 2016, as amended at 84 FR 45408, Aug. 29, 2019]