Tennessee Code Title 46. Cemeteries § 46-6-105

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) An individual is eligible for interment in a state veterans' cemetery who:

(A) Meets the eligibility criteria set forth in 38 U.S.C. § 2402; or

(B) Was a member of a reserve component of the armed forces of the United States, the army national guard, or the air national guard who:

(i) Was discharged or released under honorable conditions; and

(ii) Served in a reserve component of the armed forces of the United States, the army national guard, or the air national guard honorably for not less than eight (8) years, collectively, or who was called up on state orders irrespective of time honorably served.

(2) For a person eligible under subdivision (a)(1)(B), the eligibility for interment of the person's spouse, surviving spouse, minor child, and dependent incapacitated child must be determined pursuant to 38 U.S.C. § 2402.

(b) A person is not eligible for interment or memorialization in a state veterans' cemetery if such interment or memorialization would be prohibited under 38 U.S.C. § 2411. For purposes of verifying eligibility for interment under this chapter, the department shall accept the following discharge or service-related documents:

(1) NGB Form 22;

(2) NGB Form 438 or 439;

(3) DD Form 214;

(4) DD Form 256, 256AF, or 257;

(5) Most recent discharge orders issued by the appropriate service branch; and

(6) Any other official document that satisfies the requirements for proof of service and character of discharge under 38 CFR 3.203.

(c) The department shall not implement any provision of this section in a manner that jeopardizes the receipt of federal funds for the construction, expansion, or operation of state veterans' cemeteries.

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Cite this article: FindLaw.com - Tennessee Code Title 46. Cemeteries § 46-6-105 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-46-cemeteries/tn-code-sect-46-6-105/

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