bursement must be filed within three months from the date of passage of this Act. (June 16, 1933, c. 101, s. 20, 48 Stat. 309; 38 U. S. C. 722.)

Paragraph IV of Vets. Reg. No. 9 (a) read as follows: "IV. Claims for reimbursement must be filed within one year subsequent to the date of death of the veteran. In the event the claimant's application is not complete at the time of original submission, the Veterans' Administration will notify the claimant of the evidence necessary to complete the appliIcation and if such evidence is not received within six months of the date of the request therefor, no allowance may be paid."

NOTES OF DECISIONS

Time limit for filing claims.-No allowance may be made for direct payment of or reimbursement for burial, funeral and/or transportation expenses, where burial occurred on or after March 31, 1933, unless there is filed within one year subsequent to the date of burial of the veteran a specific claim for the benefit. In the event the claimant's application is not complete at the time of original submission, the claimant will be notified of the evidence necessary to complete the application and if such evidence is not received within one year from the date of the request therefor no allowance may be paid. (R. & P. R-2692 (C), 10-28-36.)

Authority to consider favorably a claim for burial expense where, after initial claim is received, additional evidence in support thereof is not received in the Vets. Adm. within six months, but a new claim accompanied by all necessary supporting evidence is received during one year subsequent to the date of the veteran's death. (A. D. 360.) Filing of claim for unauthorized burial, funeral and/or transportation expenses.-Claims for burial, funeral and/or transportation expenses (unauthorized) must be submitted on Form P-91, Part II, "Claim for Burial Expenses under Title I, Public Act No. 2, 73d Congress", and supported by Part I, Form P-91. Form P-91, Part II, must be used in all cases and should be executed by the person demanding payment. If the undertaker has not been paid, he is the proper person to assert claim; if the undertaker has been paid, the person who made payment is the proper person to assert claim. In addition to Form P-91, Part II, and, when necessary Part I of Form P-91, revised, claims for burial, funeral and/or transportation expenses should be supported by a fully itemized statement of account (preferably on the billhead of the undertaker), showing for whom the services were rendered, the cost of each service rendered and the name of the deceased veteran. All itemized statements of accounts receipted in the firm name of the undertaking concern should show the full name and capacity of the individual receipting for the firm and all receipted statements should show by whom payment was made. Where the bill is unpaid the claim of the undertaker must be supported by a statement over the signature of the person authorizing the services showing that the bill is unpaid and that it covers the exact services authorized. (R. & P. R-2700 (A), 1-25-36.)

Proof of death.-There must also be furnished in all cases adjudicated under R. & P. R-2692 to R-2706, for the files of the Veterans'

Administration if proof is not already in file, a certified copy of the public record of death or if such record cannot be furnished, proof of death will be established in accordance with the provisions of R. & P. R-1055. (R. & P. R-2700 (B), 1-25-36.)

Service record in claim for reimbursement of burial, funeral and/or transportation expenses.-The service record of the veteran on account of whose death claim is filed for reimbursement of burial, funeral and/or transportation expenses, will be established by an official report from the branch of the service department in which the veteran served or by a copy of discharge certified by a Veterans' Administration employee to be a true copy of the original. (R. & P. R-2700 (C), 1-25-36.)

792.6. Reimbursement for burial expenses where veteran died prior to Mar. 20, 1933.-Where a veteran died prior to March 20, 1933, under conditions which warrant the payment of, or reimbursement for, burial expenses, such payment or reimbursement may be made in accordance with the laws in effect prior to March 20,

HISTORICAL NOTE

This is a sentence from the second paragraph of section 20, Pub. No. 78, 73d Cong., “Independent Offices Appropriation Act, 1934."

NOTES OF DECISIONS

Claim for burial award under section 201 (1), WWVA.-May not now be adjudicated except as provided by this section. (A. D. 328.) Effect of special act providing that a person shall be considered honorably discharged in the administration of pension laws.-The term "not dishonorably discharged", as used in Section 201 (1), WWVA, will not serve to bar payment of burial expenses in the case of a deserter where a Special Act provides that in the administration of the pension laws he shall hereafter be held and considered to have been honorably discharged. (A. D. 178.)

Effective forfeiture upon payment of burial expenses.-The forfeiture of rights under Section 504, WWVA, includes the right of the veteran to burial under Section 201 (1) of that Act, and therefore where such a forfeiture has been declared the payment of the statutory burial allowance to the undertaker who rendered the burial service is precluded. (A. D. 105.)

Additional transportation expenses not allowed.-Under the provisions of Section 201 (1) of the WWVA and Regulations of the Vets. Adm., when the body has been transported to the home at the request of the family with the understanding on the part of the Vets. Adm. that such transportation is being made to the place of burial, then payment for subsequent transportation to another place for burial is not within the authorization of the statute. (A. D. 115.)

793. Burial contracts may be made without regard to advertisement of bids; prior contracts validated.

See section 792.2 for similar provisions.

796. Veterans entitled to burial in national cemeteries. All soldiers, sailors, or marines dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, or who served, or hereafter shall have served, during any war in which the United States has been, or may hereafter be, engaged, and, with the consent of the Secretary of War, any citizen of the United States who served in the Army or Navy of any government at war with Germany or Austria during the World War and who died while in such service or after honorable discharge therefrom, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man in the former case, and a duly executed permit of the Secretary of War in the latter case, shall be sufficient authority for the superintendent of any cemetery to permit the interment. Army nurses honorably discharged from their service as such may be buried in any national cemetery, and, if in a destitute condition, free of cost. The Secretary of War is authorized to issue certificates to those Army nurses entitled to such burial. Persons who were members of the Cabinet of the President of the United States at any time during the period between April 6, 1917, and November 11, 1918, may be buried in any national cemetery: Pro

vided, That the interment is without cost to the United States. (R. S. 4878; Mar. 3, 1897, c. 378, 29 Stat. 625; Apr. 15, 1920, c. 140, 41 Stat. 552; June 13, 1935, c. 223, 49 Stat. 339; 24 U. S. C. 281.)

HISTORICAL NOTE

R. S. 4878 was derived from Act of July 17, 1862, c. 200, s. 18, 12 Stat. 596, entitled "An Act to define the Pay and Emoluments of certain Officers of the Army, and for other Purposes"; from Act of June 1, 1872, c. 257, 17 Stat. 202, entitled "An Act to amend an Act entitled 'An Act to establish and protect national Cemeteries', approved February twentysecond, eighteen hundred and sixty-seven"; and from Act of March 3, 1873, c. 276, 17 Stat. 605, entitled "An Act to authorize the Interment of honorably discharged Soldiers, Sailors, and Marines in the national Cemeteries of the United States." As originally enacted it applied only to soldiers, sailors or marines dying in the service or in a destitute condition.

The Act of March 3, 1897, entitled "An Act To amend section forty-eight hundred and seventy-eight of the Revised Statutes relating to burials in national cemeteries", had the effect of adding the following language pertaining to Army nurses"Army nurses honorably discharged from their service as such may be buried in any national cemetery; and if in a destitute condition, free of cost. The Secretary of War is authorized to issue certificates to those army nurses entitled to such burial."

The Act of April 15, 1920, entitled "An Act To amend section 4878 of the Revised Statutes as amended by the Act of March 3, 1897", amended the section to read as it appears in the text, with the exception of the last sentence, pertaining to Cabinet members between Apr. 6, 1917 and Nov. 11, 1918, which was added by the Act of June 13, 1935, entitled "An Act To amend section 4878 of the United States Revised Statutes, as amended, relating to burials in national cemeteries."

The Act of March 4, 1911, (c. 285, 36 Stat. 1389) contained a proviso providing burial in national cemeteries for officers and men of the Revenue-Cutter Service dying in the service of the United States or dying in a destitute condition after having been honorably discharged from the service, but R. S. 4878 was not specifically amended by this Act.

NOTES OF DECISIONS

Who may be buried in a national cemetery; authority required.— (a) Those dying in the service of the United States, including (1) Army, (a) Officers, warrant officers, contract surgeons, acting assistant surgeons, cadets, and enlisted men on the active list; (b) retired officers, warrant officers, and enlisted men; (c) officers and enlisted men of the National Guard when called or drafted into Federal service; (d) officers and enlisted men of the Organized Reserves on active duty; (e) accepted applicants for enlistment; (f) nurses. (2) Navy, (a) Officers, warrant officers, midshipmen, and enlisted men on the active list; (b) retired officers, warrant officers, and enlisted men; (c) officers and enlisted men of the Naval Reserve on active duty; (d) accepted applicants for enlistment; (e) nurses. (3) Marine Corps, (a) Officers, warrant officers, and enlisted men on the active list; (b) retired officers, warrant officers, and enlisted men; (c) officers and enlisted men of the Marine Corps Reserve on active duty; (d) accepted applicants for enlistment. (4) Coast Guard, (a) Officers, cadets, and enlisted men on the active list; (b) retired officers and enlisted men. (5) Coast and Geodetic Survey-Personnel transferred to the service and jurisdiction of the War Department, or of the Navy Department, by the President, and serving therewith in time of a national emergency. (6) Public Health Service-Officers and employees detailed by authority of the President for duty with and serving with the Army or Navy in times of threatened or actual war.

(b) Those who served in the Federal forces of the United States, either during peace or war and who die after honorable discharge from such service, including service in the (1) Army, (2) Navy, (3) Marine Corps, (4) Coast Guard, (5) Coast and Geodetic Survey, who were transferred to and served with the Army or Navy by authority of the President, (6) Public Health Service, who were detailed for duty with and served with the Army or Navy by authority of the President.

(c) Any citizen of the United States who served in the Army or Navy of any government at war with Germany or Austria during the World War and who died while in such service or after honorable discharge therefrom.

(d) Persons dying in the District of Columbia or in the immediate vicinity thereof who have served in the Confederate armies during the Civil War may be buried in the Confederate Section of Arlington National Cemetery as provided in "Evidence of Right" below.

(e) Any member of the Cabinet of the President of the United States at any time during the period between April 6, 1917, and November 11, 1918. (Army Reg. 30-1840, 8-16-35.)

Evidence pf right.-For those who were not in the service of the United States at the time of death, it is a prerequisite that they shall have been honorably discharged from the service. In all cases the last service of a deceased man must have been honorable. The pro duction of the honorable discharge of a deceased man will be sufficient authority for the superintendent of a national cemetery to permit interment. In cases where the honorable discharge can not be produced or where there is a reasonable doubt as to eligibility for interment in a national cemetery, the superintendent will telegraph the Quartermaster General for verification of service and authorization of interment, furnishing all the information it is possible to obtain concerning the service of the decedent including his full name, organization, serial number, if any, and dates of service. In the case of citizens of the United States who served in the Army or Navy of any government at war with Germany or Austria, the superintendent will request evidence of citizenship at time of service, correct name of decedent, grade, and military organization in the Army in which he served and will communicate with the Quartermaster General by telegraph for the necessary permit for burial. Pension certificates will not be accepted as authority upon which to authorize interment. In the case of Confederate veterans, the certificate of Camp No. 171, United Confederate Veterans of the District of Columbia, that such persons are entitled to burial in Arlington National Cemetery, is required.

In the case of members of the President's Cabinet, authority for interment will be requested of the Quartermaster General. (Id.) Interments in Mexico City and oversea cemeteries.-The cemetery at Mexico City and the American cemeteries in Europe were established to provide burial places for war dead and no current burials are permitted therein. (Army Reg. 30-1840, 1-15-32.)

Interment of members of families.-The wives of both officers and enlisted men may be buried with their husbands in a national cemetery. In the case of an officer, two grave sites are assigned, one for the officer and the other for his wife. In those cemeteries having officers' sections in which lots are laid out, a lot containing two grave sites is assigned. In the other cemeteries when either the officer or his wife is buried, the adjoining grave site will be reserved for the one surviving. The wife of an officer may be interred prior to the death and burial of her husband. In those cemeteries where lots are assigned to officers and there is sufficient space available in the lot, the burial of minor children or unmarried adult daughters may be permitted. The burial of such children, however, will not be authorized unless the officer or his wife is buried in the lot. Lots will not be assigned for the sole purpose of burying minor children or unmarried adult daughters. Authority for all such interments should be requested of the Quartermaster General.

The wives of enlisted men may be buried in the same grave with their husbands in a national cemetery but only after the death and interment therein of the veterans concerned, except where the enlisted man is 70 years of age or over, in which case interment of his wife prior to his death is authorized, provided he gives assurance that he will eventually be buried in the same grave. No lots or grave sites will be assigned in advance of their actual requirement for burial purposes, except where exceptional circumstances warrant such action, and then only upon authority of the Quartermaster General. (Id.)

"Free of cost" defined. The words "free of cost" referred to in "Who May Be Buried In a National Cemetery; Authority Required", are held to apply only to the expense of opening and closing the grave. (Id.)

Persons entitled to burial in cemeteries maintained on reservations of Vets. Adm. facilities.-Persons who, upon decease, will be entitled to interment in cemeteries now maintained on the reservations of Vets. Adm. facilities and any other cemetery which may hereafter be acquired by the Vets. Adm., will consist of:

(A) Persons who die in Vets. Adm. facilities while in receipt of hospital or domiciliary care and whose bodies are not claimed by relatives or friends for interment elsewhere. This will include any member or patient carried on the rolls of the facility.

(B) Those veterans of any war who were not dishonorably discharged from their last period of war service, or those persons who had peacetime service only and who were honorably discharged for disability

1 Transferred to Dept. of Interior under Ex. O. No. 6166, June 10, 1933, and No. 6228 July 28, 1933.

"New cemeteries authorized (not yet opened). 'Cemeteries not open to further interments.

incurred in line of duty or were in receipt of pension for a serviceconnected disability, who were not being furnished hospital or domiciliary care by the Vets. Adm. but who requested before death, or whose surviving relatives or friends request, interment in a cemetery on the reservation of the Vets. Adm. Such requests will be honored subject to the condition that the furnishing of the grave will involve no direct expense by the Vets. Adm. facility concerned other than that incident to preparation of the grave and such burial ceremonies as may be available at said facility. (R. & P. 6336, 1-12-36.)

(C) Officers and enlisted men of the Army, Navy, Marine Corps or Coast Guard, who die while in active service, and whose bodies are not claimed for shipment elsewhere, subject to the condition that no direct expense to the Vets. Adm. facility concerned will be caused other than that incident to preparation of the grave and such burial ceremonies as may be available at such facility; and further provided that permission for such interments will be conditioned upon availability of space in the cemetery of the facility concerned, in the judgment of the manager thereof. (R. & P. 6336, 5-29-36.)

Lay-out and care of cemeteries on Reservations of Vets. Adm. facilities. (D) Cemeteries on reservation of Vets. Adm. facilities shall be laid out and cared for, as far as practicable, in the manner prescribed for national cemeteries. The graves shall be arranged in sections and rows, and numbered in regular series to correspond with the burial record kept in the facility office. As soon as interment has been made, each new grave will be marked with a temporary wooden board or tablet, bearing the name and rank of the deceased, the company and regiment in which he served, and the date of his death. The permanent headstones provided by the Government will be procured for all graves, semi-annual requisitions therefor being made upon the Quartermaster General, United States Army, by managers. The burial record referred to in the foregoing will consist of a book, the "Burial Records", showing the decedents' names, serial numbers, rank and organization; claim file numbers; the dates of death; and the section, row and plot numbers in the cemetery. (R. & P. 6336, 10-15-35.) (NOTE.-Paragraph 191, regulations of the National Home for Disabled Volunteer Soldiers 1918, canceled October 15, 1935.)

List of cemeteries maintained on reservations of Vets. Adm. facilities.Arizona Whipple.

California Los Angeles.

Colorado: Fort Lyon.

Florida Bay Pines.

Illinois: Danville.

Indiana: Marion.

Kansas: Wadsworth.

Maine: Togus.

Mississippi: Biloxi.

New Mexico: Fort Bayard.

New York: Bath.

Ohio: Dayton.

Oregon Roseburg.

South Dakota: Hot Springs. Tennessee: Mountain Home. Wisconsin: Milwaukee.

796.1. Officers and men of the Coast Guard entitled to burial in national cemeteries.-Officers and men of the Coast Guard dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, may be buried in any national cemetery free of cost, under the regulations now or hereafter provided for the burial of officers and men of the Army in national cemeteries. (Mar. 4, 1911, c. 285, s. 1, 36 Stat. 1389; Jan. 28, 1915, c. 20, s. 1, 38 Stat. 800; 24 U. S. C. 281.)

HISTORICAL NOTE

A proviso to the Act of March 4, 1911, "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes", provided-"That officers and men of the Revenue-Cutter Service dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, may be buried in any national cemetery free of cost, under the regulations now or hereafter provided for the burial of officers and men of the Army in national cemeteries."

The Act of January 28, 1915, was entitled "An Act To create the Coast Guard by combining therein the existing Life-Saving Service and Revenue Cutter Service."

CROSS REFERENCE

See section 796 for notes of decisions.

801. Flag furnished to drape casket of deceased veterans. [Repealed.]

This section, the last paragraph of Section 201 (1), WWVA, was repealed by Act of Mar. 20, 1933, c. 3, Title I, s. 17, 48 Stat. 11; s. 435.17 of this compilation.

CROSS REFERENCE

See section 801.1 for new and similar provisions.

801.1. Flag to drape casket for all honorably discharged war veterans; to next of kin after burial.I. Where an honorably discharged veteran of any war dies after discharge a flag to drape the casket shall be furnished in all cases; such flag to be given to the next of kin after burial of the veteran. (June 6, 1933, Ex. O. 6158, par. I; 38 U. S. C. c. 12.)

HISTORICAL NOTE

This is paragraph I of Vets. Reg. No. 9 (a) which canceled Vets. Reg. No. 9 (Mar. 31, 1933, Ex. O. 6097), paragraph I of which contained similar provisions as follows-"I. Where an honorably discharged veteran of any war dies after discharge a flag to drape the casket, and after burial to be given to the next of kin, shall be furnished in all cases."

NOTES OF DECISIONS

Furnishing of flags.—Subsequent to April 14, 1933, burial flags will be issued for the purpose of draping the casket of honorably discharged veterans of any war who die after discharge from active service and afterwards be given to the next of kin. Subsequent to April 14, 1933, reimbursement may not be allowed for burial flags privately purchased by relatives, friends, or other parties. (R. & P. R-2702 (D), 1-25-36.) Distribution of flags.-Issue points for burial flags are confined to Vets. Adm. activities, County seat post offices, and a few isolated Government agencies. Each regional office and each facility of the Vets. Adm. having regional office activities has been designated as a distributing point. (R. & P. 8768 (L), 5-25-36.)

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INSURANCE