A person who served on "active duty" other than for training, as defined in Title 38, Section 101(21) U.S. Code as a member of the Armed Forces of the United States whose service was terminated honorably.
A person who dies under honorable conditions while serving on active duty in an Armed Force of the United States.
A member of the Reserve component of the Armed Forces, the Army National Guard, the Air National Guard, and the Reserve of the Army, Navy, Marines, Air Force, or Coast Guard, who dies under honorable conditions while serving on active duty for training or full-time service. Members of these organizations whose death occurs while hospitalized or undergoing treatment at the expense of the United States for an injury or disease contracted or incurred under honorable conditions while serving such duty or performing travel directly to or from that duty or service may also be eligible.
A member who has received a letter of notification for eligibility of retired pay at age 60;
Who at the time of death would have been entitled to retired pay under Title 10, Chapter 67.
Members of the Delaware Army National Guard or Air National Guard who have served on full-time duty as a member of the United States Army or Air Force (Federalized) and was not under the direct orders of the Governor of Delaware, may also be eligible.
Legal Residents of the State of Delaware
To meet the legal residency requirement (in addition to the required active military service that was honorable) the veteran must have been:
- A legal resident of Delaware at the time of death; or
- A legal resident for a period of 10 years (or more); or
- A legal resident of Delaware when he or she entered the Armed Forces of the United States; or
When an honorably discharged veteran was a legal resident of Delaware for less than 10 years, the Delaware Commission of Veterans Affairs may determine whether or not there are compelling reasons for waiving the 10 year residency requirement.
An eligible veteran's spouse (not remarried) is eligible for interment as long as the veteran is interred, reinterred, or scheduled to be interred at the Delaware Veterans Memorial Cemetery. Refer to "benefits" section.
Dependent Minor Children
An eligible veteran's minor child(ren) who are under age 21, unmarried and a dependent of the veteran, are eligible for interment. In addition, an unmarried adult child of an eligible veteran, that became permanently incapable of self-support because of a physical or mental disability before attaining the age of 21 years, may also be eligible for interment. Contact the Cemetery Administrator for details at (302) 834-8046.
One grave site (double depth) is authorized for an eligible veteran and his/her spouse.
There is no charge for the grave site or the interment service for an eligible veteran at the Cemetery. There is, however, a minimal charge for the interment of a veteran's eligible immediate family member(s) for the opening and closing of the grave and marker foundation. The fee shall be determined and regulated by the Delaware Commission of Veterans Affairs.
A flat bronze marker for the veteran and immediate family member will be furnished by the Veterans Administration at no cost and is required.
All other expenses will be incurred by the estate of the deceased, including the funeral expenses, or cost of transportation of the remains. BURDEN OF PROOF
It shall be the responsibility of the veteran, the veteran's survivors, or legal representative to furnish such evidence, including documentary evidence necessary to establish the eligibility of the veteran before the interment can be made of the deceased veteran, or the immediate family member(s).
Such evidence (Discharge, separation, DD214, etc.) must clearly establish that the veteran served Honorably on Active Duty in an Armed Force of the United States, and met the requirement of Legal Residence in Delaware.
Right To Appeal
A veteran, his or her next of kin, or legal representative may appeal a decision as to the eligibility of a veteran, or the members of his/her immediate family for burial in the Cemetery. The appeal shall be in writing, and filed with the Chairman of the Commission of Veterans Affairs or his designee. When the matter on appeal concerns the right of immediate burial of a person, the requirement for written appeal is waived, and the Chairman of the Commission of Veterans Affairs or his designee shall respond to the appeal within two (2) working days of its receipt.
DELAWARE COMMISSION OF VETERANS AFFAIRS
802 Silver Lake Blvd., Suite 100
Dover, DE 19904
Phone Number: (302) 739-2792
Fax Number: (302) 739-2794