reservations for the purpose of determining whether it is desired that the reservation remain in force. If it is not possible to obtain a request for continuation of the reservation, such reservation is subject to cancellation. Cancellation of an adjoining gravesite reservation will not preclude burial of the survivor under one of the options shown in paragraph (b) of this section.

§ 55.20 Burial sections.

(a) Layout plans for burial sections in all national cemeteries will be approved by the Director. Sizes of gravesites will conform to dimensions designated by The Quartermaster General.

(b) Burials in unused gravesites in existing established sections of national cemeteries will be in accordance with policies that were in effect for the different categories of decedents at the time the specific section within the cemetery was established.

(c) In all new sections to be developed, interments will be made without distinction as to race and rank. Group interments in new sections will be made in the same section with individual interments. No new separate sections will be established exclusively for group interments.

(d) As the need arises for the use of new sections for burials, such cases will be forwarded to the Director for approval. Plans and recommendations for resolving the situation will accompany the request for final decision.

(a) Interments of eligible remains in national cemeteries are considered to be permanent and final and disinterments will not be permitted except upon approval of the Director. Disinterments and removal of remains from a national cemetery will be approved only when next of kin (includes the person who directed the initial interment if still living) give their consent and establish cogent reasons for the disinterment, or in recognition of a court order directing the disinterment.

(b) All requests for authority to disinter remains will be submitted to the Director, and must state the reason for desiring the disinterment and be accompanied by the following documents:

(1) Notarized affidavits by all close living relatives of the deceased, stating that they interpose no objection to the pro

are defined as surviving spouse, parents, adult brothers and sisters, and adult children and will include the person who directed the initial interment, if living.

(2) A sworn statement, by a person having knowledge thereof, that those who supplied such affidavits comprise all the living close relatives of the deceased.

(c) In lieu of the documents required in paragraph (b) of this section, an order of a court of competent jurisdiction will be considered.

(d) Any disinterment that may be authorized under this section must be accomplished without expense to the Government.

HEADSTONES AND MARKERS

§ 55.22 Headstones and markers.

Headstones and markers, authorized to be furnished at Government expense will be provided under rules and regulations promulgated by the Secretary of the Army.

§ 55.23 Private monuments and markers for graves.

(a) Erection of monuments and markers at private expense to mark graves in lieu of Government headstones or markers is restricted to sections in existing national cemeteries in which private monuments and markers were authorized as of 1 January 1947. Approval of the Director for erection of a private monument or marker in a national cemetery must be obtained in advance and is conditional upon the next of kin agreeing to maintain it in a manner acceptable to the Government; otherwise the Government reserves the right to remove and dispose of the monument or marker and to replace it with a standard Government-type stone. Erection of private stones will conform to standards prescribed by the Director.

(b) Monuments will be of simple design, dignified, and in keeping with a military cemetery. Ledger monuments, except as may be authorized under § 55.22 for marking group burials, monuments of cross design, and mausoleums or overground vaults are prohibited. Underground vaults may be placed at private expense, if desired, at time of interment.

(c) A drawing or blueprint showing detailed specifications as to design, materials of which to be constructed, finish, carving, lettering, etc., and exact inscription to appear on the monument or marker must be forwarded to the Di

rector, for prior approval. A scale drawing (not less than 1'-1') will be acceptable, but must show all dimensions.

(d) The dimensions of any monument will be governed by the size of the gravesite or lot (two gravesites) on which it is to be erected.

(e) The erection of a monument to span two graves will be permitted only in those sections which are laid out in lots.

(f) Separate monuments may be erected on a lot for the serviceman or woman and his or her spouse, provided each monument is set at the head of the grave, but only after the pertinent interment has been made.

(g) Appropriate inscriptions will be placed on the monument in accordance with the dimensions of the stone and arranged in such manner as to add to the appearance of the stone. Inscriptions will be restricted to those prescribed or approved by the Director.

(h) Details as to the following will be approved by the Director:

(1) Style and type of lettering for inscriptions.

(2) Materials to be used in the construction of monuments and markers. (3) Finish to be applied to monuments and markers in their construction. (4) Types of foundation.

(5) All other related matters.

(i) Except as provided for in § 55.24, the erection of monuments, memorials, and tablets for the purpose of commemorating events, units, groups, and organizations is not permitted in national cemeteries.

(j) Footstones (foot markers) are permitted only at the foot of those graves in lots that are marked with a private monument and only when such private monument is erected to span the center line of the lot.

§ 55.24 Private memorials and commemorative tablets.

(a) Purpose. (1) The purpose of this section is to implement the act of August 27, 1954 (68 Stat. 880), as amended by Act July 3, 1956 (70 Stat. 489), which provides that the Secretary of the Interior and the Secretary of the Army shall set aside, when available, suitable plots in the national cemeteries under their jurisdiction to honor the memory of members of the Armed Forces missing in action or who died or were killed while serving in such forces, and whose re

mains have not been identified, have been buried at sea, or have been determined to be nonrecoverable, and to permit the erection of appropriate markers thereon in honor of any such member or group of members. The regulations in this section govern the erection of private memorial markers in national cemeteries under the jurisdiction of the Department of the Interior, a list of which is set forth in § 55.3. The source of the regulations in this section is the "Joint Regulation" of the Secretary of the Interior and the Secretary of the Army, issued pursuant to the act of August 27, 1954, supra, and effective January 26, 1956.

(b) Scope (1) Those who may be memorialized. Those members of the Armed Forces of the United States whose deaths occurred during a period when the United States was at war or as a result of military operations; whose remains have not been identified, have been buried at sea, or have been determined officially to be nonrecoverable; and on whom there has been either:

(i) A report of missing in action and a subsequent official finding of death; or (ii) An official report of death in action. "In action" as used in this paragraph characterizes the casualty status as having been the direct result of hostile action; sustained in combat and related thereto; or sustained going to or returning from a combat mission, provided the occurrence was directly related to hostile action.

(2) Extent of memorialization. The erection of a private marker may be authorized to memorialize a person or a group of persons. Ony one individual marker will be authorized for the memorialization of a person; however, the erection of an individual marker to a person will not preclude the inscription of his name on a group marker.

(c) Application for memorialization. (1) Application for authority to erect a private memorial marker shall be submitted to the Director, whose approval should be obtained prior to fabrication of the marker, since erection will not be permitted except on compliance with the conditions specified in the regulations in this part.

(2) Application for permission to erect an individual marker must be submitted by the legal next of kin of the decedent or the authorized representative of the legal next of kin.

(3) Application for permission to erect a group marker may be submitted by a person, a group of persons, or an organization. Each group-marker application must be accompanied by (i) a list of names of the persons to be memorialized and other data desired for inscription on the marker; (ii) the written approval of the legal next of kin of each person whose name is to be inscribed on the marker; and (iii) a scale plan depicting the details of the design, materials, finish, carving, lettering, and arrangement of inscription.

(4) The Quartermaster General will determine the eligibility of the persons or groups of persons to be memorialized.

(5) The Director will exercise approval authority and control over assignment of plots for and the design, type, size, materials, inscription, and erection of the memorial markers. Approval for erection will be conditional upon the applicant's granting to the Department of the Interior the substantive right to remove and dispose of the marker, if the applicant fails to maintain it in a condition acceptable to the Department.

(d) Markers which may be authorized. (1) Memorial markers will conform to the type, size, materials, design, and specifications prescribed for the cemetery section in which the memorial marker is to be erected. The inscrip

tions will conform to those authorized to mark graves in national cemeteries and in addition will include the words "In Memoriam" or "In Memory Of" as mandatory elements. The inscription on a memorial marker may not include the name of the person or group of persons or the name or insignia of an organization, fraternity, or society responsible for the purchase and erection of the marker.

(e) Cost and maintenance. (1) The cost of the private memorial markers, transportation, and erection in the cemetery will be at no expense to the Government. The Department of the Interior will assume no liability or responsibility incident to the purchase, fabrication, delivery, erection, maintenance of, or damage to private memorial markers. PENALTIES

(3) Application for permission to erect a group marker may be submitted by a person, a group of persons, or an organization. Each group-marker application must be accompanied by (i) a list of names of the persons to be memorialized and other data desired for inscription on the marker; (ii) the written approval of the legal next of kin of each person whose name is to be inscribed on the marker; and (iii) a scale plan depicting the details of the design, materials, finish, carving, lettering, and arrangement of inscription.

(4) The Quartermaster General will determine the eligibility of the persons or groups of persons to be memorialized.

(5) The Director will exercise approval authority and control over assignment of plots for and the design, type, size, materials, inscription, and erection of the memorial markers. Approval for erection will be conditional upon the applicant's granting to the Department of the Interior the substantive right to remove and dispose of the marker, if the applicant fails to maintain it in a condition acceptable to the Department.

(d) Markers which may be authorized. (1) Memorial markers will conform to the type, size, materials, design, and specifications prescribed for the cemetery section in which the memorial marker is to be erected. The inscrip

tions will conform to those authorized to mark graves in national cemeteries and in addition will include the words "In Memoriam" or "In Memory Of" as mandatory elements. The inscription on a memorial marker may not include the name of the person or group of persons or the name or insignia of an organization, fraternity, or society responsible for the purchase and erection of the marker.

(e) Cost and maintenance. (1) The cost of the private memorial markers, transportation, and erection in the cemetery will be at no expense to the Government. The Department of the Interior will assume no liability or responsibility incident to the purchase, fabrication, delivery, erection, maintenance of, or damage to private memorial markers.