[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR1.10]

[Page 11-13]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec. 1.10  Eligibility for and disposition of the United States

flag for burial purposes.

    (a) Eligibility for burial flags--(1) Persons eligible. (i) A 
veteran of any war, of Mexican border service, or of service after 
January 31, 1955, discharged or released from active duty under 
conditions other than dishonorable. (For the purpose of this section, 
the term Mexican border service means active military, naval, or air 
service during the period beginning on January 1, 1911, and ending on 
April 5, 1917, in Mexico, on the borders thereof, or in the waters 
adjacent thereto.)
    (ii) A peacetime veteran discharged or released, before June 27, 
1950, from the active military, naval, or air service, under conditions 
other than dishonorable, after serving at least one enlistment, or for a 
disability incurred or aggravated in line of duty.
    (iii) Any person who has died while in military or naval service of 
the United

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States after May 27, 1941. This subdivision authorizes and requires the 
furnishing of a flag only where the military or naval service does not 
furnish a flag immediately. The only cases wherein a flag is not 
supplied immediately are those of persons whose remains are interred 
outside the continental limits of the United States, or whose remains 
are not recovered or are recovered and not identified.
    (iv) Any person who served in the organized military forces of the 
Commonwealth of the Philippines while such forces were in the service of 
the Armed Forces of the United States pursuant to the military order of 
the President of the United States, dated July 26, 1941, including among 
such military forces organized guerrilla forces under commanders 
appointed, designated, or subsequently recognized by the Commander in 
Chief, Southwest Pacific Area, or other competent authority in the Army 
of the United States, and who dies after separation from such service 
under conditions other than dishonorable, on or after April 25, 1951.


(Authority: 38 U.S.C. 107(a))

    (v) Any deceased member or former member of the Selected Reserve (as 
described in section 10143 of title 10) who is not otherwise eligible 
for a flag under this section or section 1482(a) of title 10 and who:
    (A) Completed at least one enlistment as a member of the Selected 
Reserve or, in the case of an officer, completed the period of initial 
obligated service as a member of the Selected Reserve;
    (B) Was discharged before completion of the person's initial 
enlistment as a member of the Selected Reserve or, in the case of an 
officer, period of initial obligated service as a member of the Selected 
Reserve, for a disability incurred or aggravated in the line of duty; or
    (C) Died while a member of the Selected Reserve.


(Authority: 38 U.S.C. 2301(f)(1))

    (b) Disposition of burial flags. (1) When a flag is actually used to 
drape the casket of a deceased veteran, it must be delivered to the next 
of kin following interment. Where the flag is not claimed by the next of 
kin it may be given upon request to a close friend or associate of the 
deceased veteran. Such action will constitute final and conclusive 
determination of rights under this section. (38 U.S.C. 2301)
    (2) The phrase next of kin for the purpose of disposing of the flag 
used for burial purposes is defined as follows, with preference to 
entitlement in the order listed:
    (i) Widow or widower.
    (ii) Children, according to age (minor child may be issued a flag on 
application signed by guardian).
    (iii) Parents, including adoptive, stepparents, and foster parents.
    (iv) Brothers or sisters, including brothers or sisters of the 
halfblood.
    (v) Uncles or aunts.
    (vi) Nephews or nieces.
    (vii) Others--cousins, grandparents, etc. (but not in-laws).
    (3) The phrase close friend or associate for the purpose of 
disposing of the burial flag means any person who because of his or her 
relationship with the deceased veteran arranged for the burial or 
assisted in the burial arrangements. In the absence of a person falling 
in either of these categories, any person who establishes by evidence 
that he or she was a close friend or associate of the veteran may be 
furnished the burial flag. Where more than one request for the burial 
flag is received and each is accompanied by satisfactory evidence of 
relationship or association, the head of the field facility having 
jurisdiction of the burial flag quota will determine which applicant is 
the one most equitably entitled to the burial flag.

(Authority: 72 Stat. 1114, 1169, as amended; 38 U.S.C. 501, 2301)

[13 FR 6999, Nov. 27, 1948, as amended at 20 FR 8350, Nov. 8, 1955; 24 
FR 10106, Dec. 15, 1959; 31 FR 4959, Mar. 26, 1966; 42 FR 27245, May 27, 
1977; 66 FR 27598, May 18, 2001]

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     Quarters for Department of Veterans Affairs Employees Overseas