10 U.S.C. § 1488 : Armed Forces — General Military Law — Deceased Personnel — Death Benefits — Personnel — Removal Of Remains

  • Date:

(a) Removal Upon Discontinuance of Installation Cemetery.— If a cemetery on a military reservation, including an installation cemetery, has been or is to be discontinued, the Secretary concerned may provide for the removal of remains from that cemetery to any other cemetery.

(b) Removal From Temporary Interment or Abandoned Grave or Cemetery.— With respect to any deceased member of an armed force under the jurisdiction of the Secretary concerned whose last service terminated honorably by death or otherwise, the Secretary may also provide for the removal of the remains from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery.

(c) Removal of Remains of Certain Members With No Known Next of Kin.—

(1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.

(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.

(3)

A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—
(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and
(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.

(4)

In this subsection:
(A) The term “Army National Military Cemetery” means a cemetery specified in section 4721(b) of this title.
(B)
The term “covered member of the armed forces” means a member of the armed forces who—
(i) has been awarded the Medal of Honor; and
(ii) has no known next of kin.

(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 113–291, div. A, title V, § 594, Dec. 19, 2014, 128 Stat. 3395.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1488

5:2160 (as applicable to armed forces).

July 15, 1954, ch. 507, § 10 (as applicable to armed forces), 68 Stat. 480.

The words “national cemeteries, other installation cemeteries, or” are omitted as surplusage.


Amendments

2014—Pub. L. 113–291 designated first sentence of existing provisions as subsec. (a) and inserted heading, designated second sentence of existing provisions as subsec. (b), inserted heading, and substituted “the jurisdiction of the Secretary concerned” for “his jurisdiction”, and added subsec. (c).

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