PREC 11-01    Eligibility for a Headstone or Marker in Capital Crimes Cases     Citation: Vet. Aff. Op. Gen. Couns. Prec. 11-01,  VAOPGCPREC 11-01, 2001

When a veteran is ineligible for burial in a national cemetery by operation of

38 U.S.C. § 2411, may a headstone or marker or a memorial headstone or marker be provided under 38 U.S.C. § 2306(a) or (b) for placement in a state, local, or private cemetery?

HELD:

A veteran who cannot qualify for a headstone or marker under 38 U.S.C. § 2306(a), because he or she is not eligible for burial in a national cemetery due to 38 U.S.C. § 2411, also cannot qualify for a memorial headstone or marker under U.S.C. § 2306(b), in the event his or her remains are unavailable.