condition that it be used for the benefit of, or in connection with, the operation, maintenance, or administration of any national cemetery activity under the jurisdiction of the Department of the Army. The Chief of Support Services will take appropriate action on conditional gifts in accordance with AR 1-100.

(d) Unconditional gifts. All proffers of donations or gifts which are unconditional will be accompanied by a report setting forth all material facts in connection with the source, nature, and purpose of the gift.

§ 553.9 Layout design of national cemetery activities.

The Chief of Support Services is responsible for the general design requirements of national cemetery activities and the layout of specific sections therein.

(a) Burial sections and memorial plots. Official detailed plans will be prepared and maintained by the Office of the Chief of Support Services (Memorial Division) for these sections. The sizes of all gravesites and/or plots will conform to those shown by the official plans. The standard size for all gravesites in sections established subsequent to January 1, 1947, is 5 feet by 10 feet. The size of plots for memorial markers is 5 feet by 5 feet.

(b) Activation of new sections. New sections will be activated for burials or the installation of memorial markers only with the prior approval of the Chief of Support Services and after permanent site control monumentation has been established.

(c) Establishment and/or expansion of post sections. No new post sections will be established and existing post sections will not be expanded.

§ 553.10 Arlington Memorial Amphitheater.

(a) The act of September 2, 1960 (74 Stat. 739; 24 U.S.C. 295a), provides that the Secretary of Defense or his designee may send to Congress in January of each year recommendations with respect to the memorials to be erected and the remains of deceased members of the Armed Forces to be entombed in the Arlington Memorial Amphitheater, Arlington National Cemetery, Arlington, Va. The act further provides that

(1) No memorial may be erected and no remains may be entombed in the

Arlington Memorial Amphitheater, unless specifically authorized by Congress;

(2) The character, design, or location of any memorial authorized by Congress is subject to the approval of the Secretary of Defense or his designee.

(b) Under the provisions of the act of September 2, 1960, the Secretary of the Army has been designated as the official to act in behalf of the Secretary of Defense.

(c) Any requests relative to inscriptions, memorials, or entombments within the Arlington Memorial Amphitheater will be referred to the Chief of Support Services, Attention: SPTS-MC, for appropriate disposition. The Department of the Army will obtain the advice of the Commission of Fine Arts concerning such matters.

The superintendent in charge of any national cemetery is authorized to arrest any person who wilfully destroys, mutilates, defaces, injures, or removes any monument, gravestone, or other structure, or who wilfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national cemetery, and to bring such person before any U.S. commissioner or judge of any district court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there will make complaint in due form. (Act of March 3, 1911 (36 Stat. 1167; 24 U.S.C. 286).)

§ 553.12 Solicitations.

Solicitation of any type of business, including guide service and sale of souvenirs and refreshments, from the public within a national cemetery activity is prohibited. Violators not leaving when so ordered, or unlawfully reentering the cemetery after such eviction, will be subject to prosecution under 18 U.S.C. 1382. See TM 10-287. § 553.13

Procurement.

National cemetery supplies and services will be procured in accordance with the provisions of the Armed Services Procurement Regulations (Subchapter A, Chapter I of this title), the Army Procurement Procedure (Subchapter G of this chapter), and such special procedures as may be issued by the Chief of Support Services.

§ 553.14

Blank ammunition for veterans' organizations for use in national cemeteries.

(a) Local units of national veterans' organizations recognized by the Veterans Administration are authorized free issue of caliber .30 blank ammunition for use at funerals and other ceremonies within national cemeteries (10 U.S.C. 4683). The following is a list of veterans' organizations recognized by the Veterans Administration. Additional organizations may qualify from ime to time as they are recognized by e Veterans Administration.

(1) American Legion.
(2) American Red Cross.
(3) American

C.

Veterans Committee,

(13) Marine Corps League. (14) Military Order of the Purple Heart, Inc.

(15) Military Order of the World Wars.

(16) National Jewish Welfare Board. (17) National Society-Army of the Philippines.

(18) National Tribune.

(19) Navy Mutual Aid Association. (20) Disabled Officers Association. (21) Regular Veterans Association. (22) United Indian War Veterans, USA.

(23) United Spanish War Veterans. (24) Veterans of Foreign Wars of the United States.

(b) Supervising officers will be responsible for requisitioning, accounting for, proper storage, and issuance of such ammunition.

§ 553.15 Approach roads.

(a) Appropriations for national cemeteries will not be expended for the construction or maintenance of more than one approach road to any national cemetery. (Act of February 12, 1925 (43 Stat. 926; 24 U.S.C. 288).)

(b) The Secretary of the Army is authorized to convey to any State, county, municipality, or proper agency thereof, in which the same is located, all right, title, and interest of the United States in and to any Government-owned or controlled approach road to any national cemetery: Provided, That, prior to the delivery of any instrument of conveyance hereunder, the State, county, municipality, or agency to which the conveyance herein authorized is to be made will notify the Secretary of the Army in writing of its willingness to accept and maintain the road included in such conveyance: Provided further, That, upon the execution and delivery of any conveyance herein authorized, the jurisdiction of the United States of America over the road conveyed will cease and determine and will thereafter vest in the State in which said road is located. (Act of June 11, 1938 (52 Stat. 668; 24 U.S.C. 289).)

(c) Any action tending to affect the status or ownership of the approach road will be reported promptly to the Chief of Support Services, Attention: SPTS– MC.

con

(b) Revocable licenses. The struction or erection of poles and lines, including underground lines, for the transmission and distribution of electric power; poles and lines, including underground lines, for telephone and telegraph purposes; and water and sewer pipes will not be permitted without the authority of the Department of the Army. Requests for revocable licenses to construct water, gas, or sewer lines or other appurtenances on or across the cemetery or an approach road in which the Government has a right-of-way or fee simple title or other interest will be submitted to the superintendent concerned, accompanied by a complete description of the privilege desired, together with a map showing the location of the project on the roadway in question. The superintendent will

§ 553.17 Standards of construction, maintenance, and operations.

The following standards of the Department of the Army will be observed in the development, operation, maintenance, administration, and support of national cemetery activities, including budgetary reviews within the Department of the Army:

(a) As permanent national shrines provided by a grateful nation to the honored dead of the Armed Forces of the United States, the standards for construction, maintenance, and operation of national cemetery activities will be fully commensurate with the high purpose to which they are dedicated.

(b) Structures and facilities provided for national cemetery activities will be permanent in nature and of a scope, dignity, and aesthetic design suitable to the purpose for which intended.

(c) National cemetery activities will be beautified through landscape planting and by means of appropriate special features based on historical aspects, location, or other factors of major significance to the activity.

(d) The accommodations and services provided to next of kin of the honored dead and the general public will be of a high order.

§ 553.18 Interments and disinterments.

(a) Definitions. (1) "Armed Forces" of the United States (hereinafter referred to as "Armed Forces") means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(2) "Army National Guard" means that part of the organized militia of the several States and territories, Puerto Rico, the Canal Zone, and the District of Columbia, active and inactive, that is

(i) A land force;

(ii) Trained, and has its officers appointed, under the 16th clause of section 8, Article I, of the Constitution;

(iii) Organized, armed, and equipped wholly or partly at Federal expense; and (iv) Federally recognized.

(3) "Army National Guard of the United States" means the Reserve com

ponent of the Army, all of whose members are members of the Army National Guard.

(4) "Air National Guard" means that part of the organized militia of the several States and territories, Puerto Rico, the Canal Zone, and the District of Columbia, active and inactive, that is(i) An air force:

(ii) Trained, and has its officers appointed, under the 16th clause of section 8, Article I, of the Constitution;

(iii) Organized, armed, and equipped wholly or partly at Federal expense; and (iv) Federally recognized.

(5) "Air National Guard of the United States" means the Reserve component of the Air Force, all of whose members are members of the Air National Guard. (6) Reserve components of the Armed Forces are

(i) Army National Guard of the United States.

(ii) Army Reserve.

(iii) Naval Reserve.

(iv) Marine Corps Reserve.

(v) Air National Guard of the United States.

(vi) Air Force Reserve.

(vii) Coast Guard Reserve.

(7) Members of the National Guard: It will be noted from subparagraphs (2) and (4) of this paragraph that a person is not a member of the Army or Air National Guard unless his unit has been federally recognized. Therefore, this determination must be made before interment of National Guardists may be authorized.

(8) "Active duty" means full-time duty in the active military service of the United States. It includes duty on the active list, full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.

(9) "Inactive duty training" means

(i) Duty prescribed for Reserves by the Secretary concerned under section 301 of Title 37, U.S.C., or any other provisions of law; and

(ii) Special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.

It includes those duties when performed

by reservists in their status as members of the National Guard.

to

(10) "Unmarried adult child," in the application of this regulation, will be interpreted include stepchildren, adopted children, widows, widowers, divorcees, and unmarried persons 21 years of age or over and will be restricted to those who were in fact, up to the time of death, dependent for support upon the service-connected parent or surviving parent because of physical or mental condition or on others if both parents are deceased (paragraph (b) (2) (v) (c) of this section).

(11) "Minor child" includes natural, step, or adopted sons or daughters of the service-connected parent who, at the time of death, were less than 21 years of age.

(12) President or former President of the United States: The President or former President of the United States in his capacity as Commander-in-Chief of the Armed Forces is a "member or former member of the Armed Forces who served on active duty *" within the meaning of 24 U.S.C. 281. (Based on JAGT 1963/7692 (SS) dated Dec. 17, 1963.)

* *

(b) Interments-(1) Authority. The act of May 14, 1948 (62 Stat. 234), as amended by the act of September 14, 1959 (73 Stat. 547; 24 U.S.C. 281), and other laws specifically cited herein authorize burial in national cemeteries under such regulations as the Secretary of the Army may, with the approval of the Secretary of Defense, prescribe.

(i)

(2) Persons eligible for burial. Any member or former member of the Armed Forces who served on active duty (other than for training) and whose last such service terminated honorably.

(ii) Any member of a Reserve component of the Armed Forces and any member of the Army National Guard or the Air National Guard whose death occurs under honorable conditions while he is

(a) On active duty for training, or performing full-time service under sections 316, 503, 504, or 505 of Title 32, U.S.C.; (b) Performing authorized travel to or from that duty or service;

(c) On authorized inactive duty training, including training performed as a member of the Army National Guard or the Air National Guard. (Inactive duty training performed under section 502 of Title 32, U.S.C., is "authorized inactive duty training" within the meaning of 24

U.S.C. 281(a)(2)(c). Based on JAGT 1964/7509 (SS).)

(d) Hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is

(1) On that duty or service;

(2) Performing that travel or inactive duty training; or

(3) Undergoing that hospitalization or treatment at the expense of the United States.

(iii) Any member of the Reserve Offcers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while he is

(a) Attending an authorized training camp or on an authorized practice cruise;

(b) Performing authorized travel to or from that camp or cruise; or

(c) Hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is—

(1) Attending that camp or on that cruise;

(2) Performing that travel; or

(3) Undergoing that hospitalization or treatment at the expense of the United States.

(iv) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the Armed Forces of any government allied with the United States during that war and whose last such service terminated honorably. (To be eligible under this authority, persons must have been citizens of the United States at the time of entering the service of such Armed Forces and at the time of death.)

(v) The wife, husband, surviving spouse, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child (paragraph (a) (10) of this section and (c) of this subdivision) of any of the persons listed in subdivisions (i) through (iv) of this subparagraph.

interred in the same cemetery if space is available but not in the same grave. If space is not available in the same cemetery, they may be buried in any national cemetery in which space is available.

(c) An unmarried adult child may be interred in the same grave in which a parent has been or will be interred, provided such adult child was incapable of self-support up to the time of death because of physical or mental condition. At the time of death of an adult child, request for interment will be submitted to the superintendent of the national cemetery in which interment is desired, and must be accompanied by a notarized statement from an individual who has direct knowledge as to the marital status and degree of dependency of the deceased child and the name and service data of said child's parent upon whose military service burial is being requested. A certificate of a physician who has attended the decedent as to the nature and duration of the physical and/or mental disability must also be submitted. These data will be submitted to the Chief of Support Services, Attention: SPTSMC, for approval prior to interment.

(vi) Commissioned officers, United States Coast and Geodetic Survey, who die during and subsequent to the service specified in the following categories and whose last service terminated honorably are eligible for interment in national cemeteries regardless of time of death:

(a) Commissioned officers assigned to areas of immediate military hazard described in the act of December 3, 1942 (56 Stat. 1038; 33 U.S.C. 855a), as amended.

(b) Commissioned officers serving in the Philippine Islands on December 7, 1941.

(c) Commissioned officers actually transferred to the Department of the Army or the Department of the Navy under the provisions of the act of May 22, 1917 (40 Stat. 87; 33 U.S.C. 855).

(vii) Interment in national cemeteries of the remains of commissioned officers of the United States Public Health Service who were detailed for duty with the Army or Navy during World War I pursuant to the act of July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order 2571, April 3, 1917, is authorized. (Act of April 30, 1956 (46 U.S.C. 654; 70 Stat. 124).)

(a) By virtue of authority granted by section 216, act of July 1, 1944 (58 Stat. 690; 42 U.S.C. 217), Executive Order 9575, June 21, 1945, superseded by Executive Order 10349, April 26, 1952, and as amended by Executive Order 10356, May 29, 1952, Executive Order 10362, June 14, 1952, and Executive Order 10367, June 30, 1952, established the Public Health Service as a military service for the period of World War II and consecutive periods thereafter.

(b) Accordingly, all officers of the commissioned corps of the Public Health Service who served at any time during the period December 8, 1941 to, and including July 3, 1952, and whose services terminated honorably are entitled to burial in national cemeteries regardless of when death occurs.

(3) Persons ineligible for burial. (i) A person otherwise eligible for burial in a national cemetery who is convicted in a Federal, State, or United States military court of a crime or crimes, the result of which is the loss of United States citizenship or nationality, a sentence of death, or a sentence to imprisonment for 5 years or more, will not be buried in a national cemetery, except that any such person who, subsequent to such conviction and sentence, is pardoned or serves in the Armed Forces of the United States and whose last service therein terminates honorably may be buried in a national cemetery.

(a) Where a minimum and maximum term is imposed, the maximum will be used. An indeterminate sentence is considered to be a sentence of 5 years or more when the maximum term equals or exceeds 5 years. A suspended sentence will not be considered as imposing a term of imprisonment, except to the extent that such sentence is actually served.

(b) A person excluded from burial under this subdivision may, with prior approval of the Chief of Support Services, be buried in such other military burial ground as the Chief of Support Services may select, but no military ceremony will be performed at such burial.

(ii) Fathers, mothers, and in-laws are not eligible for interment in a national cemetery by reason of relationship to an eligible service person regardless of whether they are dependent upon the service member for support and/or are members of his household.

51-065 0-66-7