Federal · Title 10 — Armed Forces

10 U.S.C. § 985: Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits

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A person described in section 2411(b) of title 38 . A person who is a veteran (as defined in section 1491(h) of this title ) or who died while on active duty or a member of a reserve component, when the circumstances surrounding the person’s death or other circumstances as specified by the Secretary of Defense are such that to provide military honors at the funeral or burial of the person would bring discredit upon the person’s service (or former service). Arlington National Cemetery; the Soldiers’ and Airmen’s National Cemetery; or any other cemetery administered by the Secretary of a military department or the Secretary of Defense. Subsection (b) shall not preclude the burial at the United States Disciplinary Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military prisoner who is a person described in section 2411(b) of title 38 , who dies while in custody of a military department and whose remains are not claimed by the person authorized to direct disposition of the remains or by other persons legally authorized to dispose of the remains. In this section, the term “burial” includes inurnment.

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