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Governing Laws and Directives

Assistant Secretary of Defense for Manpower and Reserve Affairs Memorandum, “Stipend for Participation in Military Funeral Honors Details,” provides the stipend amount for fiscal year 2021.

Department of Defense Financial Management Regulation 7000.14-R, Volume 9, Chapter 4, “Transportation Allowances,” August 2020, explains authorized provider travel and transportation expenses and which reimbursements may be authorized.

DOD Directive 1300.22, “Mortuary Affairs Policy,” Oct. 30, 2015, Incorporating Change 2, Sept. 2, 2021, does the following:

  • Establishes policy and assigns responsibilities for DOD Mortuary Affairs
  • Cancels the Secretary of the Army designation as the DOD Executive Agent for the Contingency Fatality Operations portion of Mortuary Affairs
  • Establishes the Central Joint Mortuary Affairs Board as a permanent standing DOD board to develop recommendations for DOD Mortuary Affairs policy, procedures, mobilization planning and mortuary services
  • Provides overarching policy for DOD’s development of tactics, techniques and procedures for mortuary affairs
  • Authorizes cremation of biologically or chemically contaminated remains in a DOD or Department of Homeland Defense-contracted or -operated crematory in accordance with Reference (j) if the PADD so requests.

DODD 1332.27, “Survivor Annuity Programs for the Uniformed Services,” June 26, 2003, Certified as Current as of April 23, 2007, updates the responsibilities, functions, authorities and relationships associated with the Survivor Annuity Programs.

DOD Directive-Type Memorandum 21-006, “Eligibility Criteria for Official Korean War Casualties Classification for Inclusion on the Korean War Veterans Memorial Wall,” Aug. 13, 2021, prescribes the official criteria for validating whether an individual meets the eligibility criteria for classification as an official Korean War casualty. If the deceased service member meets the eligibility criteria, the DOD submits the name to the Department of the Interior for inclusion on the Korean War Veterans Memorial Wall.

DOD Instruction 1005.06, “Display of the National Flag at Half-Staff,” July 17, 2015, establishes policy and assigns responsibilities for display of the national flag of the United States at half-staff on the death of present and former principal officials of the federal government, during national days of mourning or when directed by proclamation by the president of the United States, governor of any state, territory or U.S. possession, the mayor of the District of Columbia, or by the secretary of defense.

DODI 1300.15, “Military Funeral Support,” Dec. 27, 2017, Incorporating Change 1, April 9, 2021, establishes policy, assigns responsibilities and provides direction for military funeral support.

DODI 1300.18, “Department of Defense Personnel Casualty Matters, Policies and Procedures,” Jan. 8, 2008, Incorporating Change 1, Aug. 14, 2009, assigns responsibilities and establishes uniform personnel policies and procedures for reporting, recording, notifying and assisting the next of kin whenever DOD casualties are sustained.

DODI 1300.29, “Mortuary Affairs Program,” June 28, 2021, establishes policy, assigns responsibilities, and prescribes procedures for the DOD Mortuary Affairs Program and dignified transfers and unidentified remains interred in cemeteries administered by the Department of Army, the Department of Veterans Affairs or the American Battle Monument Commission for the purpose of making individual identifications in pursuit of past conflict personnel accounting.

DODI 1332.42, “Survivor Benefit Plan,” Dec. 30, 2020, prescribes procedures for administering the Survivor Annuity Program.

DODI 1334.01, “Wearing of the Uniform,” July 13, 2021, establishes policy and sets limitations on the wearing of the uniform by service members, including retired service members and service members of Reserve Components.

DODI 1344.08, “Interment Allowance for Deceased Military Personnel,” March 11, 2009, Incorporating Change 2, March 25, 2020, establishes policy and assigns responsibilities to ensure that survivors of military personnel are reimbursed for interment expenses on a uniform basis.

National Defense Authorization Act 2013, Section 596, designates the bugle call commonly referred to as Taps as the national song of military remembrance.

Section 574 of Public Law 116-92, also known as the National Defense Authorization Act for Fiscal Year 2020, authorizes full military honors for veterans awarded the Medal of Honor or the Prisoner of War medal.

Title 10, U.S. Code, Section 985, denies benefits for members convicted of capital crimes.

Title 10, U.S. Code, Section 1491, allows for a daily stipend to be provided to volunteers who assist the active-duty military in providing funeral honors.

Title 10, U.S. Code, Section 1491 (b), authorizes members of veterans service organizations, as well as other approved organizations, to participate with the military services in providing funeral honors.

Title 10, U.S. Code, Section 1491 (d), allows a daily stipend amount to be prescribed annually for certain individuals who volunteer to assist active-duty military in the delivery of funeral honors.

Title 10, U.S. Code, Section 2575, provides the secretary of any military department and the secretary of Homeland Security with the policy to follow for the disposition of unclaimed property.

Title 10, U.S. Code, Section 7712, provides the Army’s assignment of the person to receive the disposition of effects of the deceased person by summary court-martial

Title 10, U.S. Code, Section 8392, provides the Navy’s and Marine Corps’ assignment of the person to receive the disposition of effects of the deceased person by summary court-martial.

Title 10, U.S. Code, Section 9712, provides the Department of the Air Force’s assignment of the person to receive the disposition of effects of the deceased person by summary court-martial.

Title 38, U.S. Code, Section 101, provides definitions related to veterans benefits.

Title 38, U.S. Code, Section 2301, defines the burial flag benefit.

Title 38, U.S. Code, Section 2411, denies national cemetery burial for members convicted of capital crimes.

U.S. Army Training Circular 3-21.5, May 2021, is the official Drill and Ceremonies document of the Army.

U.S. Marine Corps Order P5060.20, May 5, 2003, is the official Marine Corps Drill and Ceremonies manual.

U.S. Navy Regulations 1900, Chapter 12, is the official Flags, Pennants, Honors, Ceremonies and Customs document for the Navy.

U.S. Air Force Manual 36-2203, June 19, 2018, is the official Drill and Ceremonies manual for the Department of the Air Force.

U.S. Coast Guard Military Personnel Casualties and Decedent Affairs, is the official U.S. Coast Guard manual for military funeral honors.

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