Section 180-RICR-20-00-1.2 - Persons Eligible for BurialA. Veterans 1. Any Rhode Island resident, or former resident, who served in the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States pursuant to Title 10 of the United States Code for a period of not less than two (2) years and was discharged under honorable conditions.2. Any person who died in the line of duty while serving in the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States, the Rhode Island National Guard, or other Reserve Component.3. Any person who was discharged under honorable conditions after completing at least twenty (20) years of service in the Rhode Island National Guard or a Reserve Component. For the purpose of computing service under this section, honorable service in the active forces shall be considered toward the twenty (20) year requirement.4. Any Rhode Island resident, or former resident, who participated in an expedition or campaign as a member of the U.S. Armed Forces for which he or she received a campaign or expeditionary medal and was discharged under honorable conditions.5. Any Rhode Island resident, or former resident, who served as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service for a period of not less than two (2) years and was discharged under honorable conditions.6. The burden of proof of eligibility for burial in the Rhode Island Veterans Memorial Cemetery is the responsibility of the funeral director or person listed on the veteran's death certificate as agent or informant.7. A veteran may request a pre-eligibility determination by completing an application with the Administration Office and providing the required eligibility documentation.8. Proof of Rhode Island residency requires a Rhode Island driver's license, Rhode Island voter registration, or State/Federal income tax forms showing two (2) consecutive years of residency. Any request to submit other residency documentation must be made to the Administrator.B. Eligible Dependents. The following dependents may be eligible for interment at the RIVMC with consent from the eligible veteran and upon meeting the reservation requirements. Supporting documentation may be requested in some cases.2. Common law spouse. Determinations for a common-law spouse will be based on Rhode Island law and 38 USC § 103(c).3. Unmarried, minor children (under the age of eighteen (18) years)4. Unmarried, dependent children who are under twenty-one (21) years of age, or twenty-three (23) years of age if they are a full-time student at an approved educational institution5. Unmarried, adult children who are incapable of self-support because of a physical or mental disability6. Parents, including adoptive parents, of service members may be eligible for burial with their child if the son or daughter died as a result of hostile activity or from combat training-related injuries; and the service member has no surviving spouse or dependent child. Burial of eligible parents is contingent on space and limited to service members who died on or after October 7, 2001, and parents who died on or after October 13, 2010.C. Ineligible Persons1. Unless otherwise eligible in § 1.2(B) of this Part above, a father, mother, brother, sister, or in-law of an eligible veteran is not entitled to interment at the RIVMC even if he or she relied on the veteran for support and/or was a member of the veteran's household.2. Former or subsequent spouses of the eligible veteran are ineligible if another spouse of the veteran is already interred at the RIVMC.3. Any former spouse that has been lawfully divorced from the veteran is ineligible.4. Any person whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to Veterans benefits.5. Under 38 U.S.C. § 2411, interment or memorialization in the RIVMC is prohibited if a person is convicted of a Federal or State capital crime, for which a sentence of imprisonment for life or the death penalty may be imposed, and the conviction is final. a. The term "Federal capital crime" means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.b. The term "State capital crime" means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.6. Under 38 U.S.C. § 2411, interment or memorialization in the RIVMC is prohibited if a person is convicted of a Tier III sex offense, who was sentenced to a minimum of life imprisonment and whose conviction is final.7. However, any person who, subsequent to such a conviction, served in the Armed Forces of the United States and whose service is terminated honorably by death or under honorable conditions by honorable discharge may become eligible for burial at the RIVMC.180 R.I. Code R. 180-RICR-20-00-1.2
Amended effective 2/2/2021