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Aldine Funeral Chapel

9504 Airline
Houston, Texas
77037-2208

PHONE #
(281) 591-6055

FAX #
(281) 591-7579

TOLL FREE #
1-877-468-4480


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Laws and Other Information


Military Honors

Benefit Information


LAWS RELATING TO FUNERAL HONORS
FUNCTIONS AT FUNERALS OF VETERANS,
AS AMENDED OR ENACTED BY SECTION 578
OF PUBLIC LAW 106-65


I. AUTHORITY AND ADMINISTRATION
TITLE 10, UNITED STATES CODE
  • Subtitle A - General Military Law
  • PART II - PERSONNEL
  • CHAPTER 75 - DEATH BENEFITS
  • Sec. 1491. Funeral honors functions at funerals for veterans.
§ 1491. Funeral honors functions at funerals for veterans:

(a) AVAILABILITY OF FUNERAL HONORS DETAIL ENSURED. The Secretary of Defense shall ensure that, upon request, a funeral honors detail is provided for the funeral of any veteran.

(b) COMPOSITION OF FUNERAL HONORS DETAILS:
  1. The Secretary of each military department shall ensure that a funeral honors detail for the funeral of a veteran consists of two or more persons.
  2. At least two members of the funeral honors detail for a veteran’s funeral shall be members of the armed forces, at least one of whom shall be a member of the armed force of which the veteran was a member. The remainder of the detail may consist of members of the armed forces or members of veterans organizations or other organizations approved for purposes of this section under regulations prescribed by the Secretary of Defense. Each member of the armed forces in the detail shall wear the uniform of the member’s armed force while serving in the detail.
(c) CEREMONY. A funeral honors detail shall, at a minimum, perform at the funeral a ceremony that includes the folding of a United tates flag and presentation of the flag to the veteran’s family and the playing of Taps. Unless a bugler is a member of the detail, the funeral honors detail shall play a recorded version of Taps using audio equipment which the detail shall provide if adequate audio equipment is not otherwise available for use at the funeral.

(d) SUPPORT. To provide a funeral honors detail under this section, the Secretary of a military department may provide the following:
  1. Transportation, or reimbursement for transportation, and expenses for a person who participates in the funeral honors detail and is not a member of the armed forces or an employee of the United States.
  2. Materiel, equipment, and training for members of a veterans organization or other organization referred to in subsection(b)(2).
(e) WAIVER AUTHORITY.
  1. The Secretary of Defense may waive any requirement provided in or pursuant to this section when the Secretary considers it necessary to do so to meet the requirements of war, national emergency, or a contingency operation or other military requirements. The authority to make such a waiver may not be delegated to an official of a military department other than the Secretary of the military department and may not be delegated within the Office of the Secretary of Defense to an official at a level below Under Secretary of Defense.
  2. Before or promptly after granting a waiver under paragraph(1), the Secretary shall transmit a notification of the waiver to the Committees on Armed Services of the Senate and House of Representatives.
(f) REGULATIONS. The Secretary of Defense shall prescribe regulations to carry out this section. Those regulations shall includethe following:
  1. A system for selection of units of the armed forces and other organizations to provide funeral honors details.
  2. Procedures for responding and coordinating responses to requests for funeral honors details.
  3. Procedures for establishing standards and protocol.
  4. Procedures for providing training and ensuring quality of performance.
(g) ANNUAL REPORT. The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report not later than January 31 of each year beginning with 2001 and ending with 2005 on the experience of the Department of Defense under this section. Each such report shall provide data on the number of funerals supported under this section, the cost for that support, shown by manpower and other cost factors, and the number and costs of funerals supported by each participating organization. The data in the report shall be presented in a standard format, regardless of military department or other organization.

(h) VETERAN DEFINED. In this section, the term ‘veteran’ means a decedent who:
  1. served in the active military, naval, or air service (as defined in section 101(24) of title 38) and who was discharged or released therefrom under conditions other than dishonorable; or
  2. was a member or former member of the Selected Reserve described in section 2301(f) of title 38.

I. AUTHORITY AND ADMINISTRATION
TITLE 10, UNITED STATES CODE
  • Subtitle E - Reserve Components
  • PART II - PERSONNEL GENERALLY
  • CHAPTER 1213 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
  • Sec. 12503. Ready Reserve: funeral honors duty.
§ 12503. Ready Reserve: funeral honors duty

(a) ORDER TO DUTY. A member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran as defined in section 1491 of this title.

(b) SERVICE CREDIT. A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive:
  1. service credit under section 12732(a)(2)(E) of this title; and
  2. if authorized by the Secretary concerned, the allowance under section 435 of title 37.
(c) REIMBURSABLE EXPENSES. A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence.

(d) REGULATIONS. The exercise of authority under subsection (a) is subject to regulations prescribed by the Secretary of Defense.

(e) MEMBERS OF THE NATIONAL GUARD. This section does not apply to members of the Army National Guard of the United States or the Air National Guard of the United States. The performance of funeral honors duty by those members is provided for in section 115 of title 32.


I. AUTHORITY AND ADMINISTRATION
TITLE 10, UNITED STATES CODE
  • Subtitle E - Reserve Components
  • PART II - PERSONNEL GENERALLY
  • CHAPTER 1215 - MISCELLANEOUS PROHIBITIONS AND PENALTIES
  • Sec. 12552. Funeral honors functions at funerals for veterans.
§ 12552. Funeral honors functions at funerals for veterans Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in section 1491(h) of this title) may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 12503 of this title


I. AUTHORITY AND ADMINISTRATION
TITLE 32, UNITED STATES CODE
  • CHAPTER 1 - ORGANIZATION
  • Sec. 114. Funeral honors functions at funerals for veterans.
  • Sec. 115. Funeral honors duty performed as a Federal function.
§ 114. Funeral honors functions at funerals for veterans Subject to such regulations and restrictions as may be prescribed by the Secretary concerned, the performance of funeral honors functions by members of the National Guard at funerals for veterans of the armed forces may be treated by the Secretary concerned as a Federal function for which appropriated funds may be used. Any such performance of funeral honors functions at such a funeral may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 115 of this title.

§ 115. Funeral honors duty performed as a Federal function:

(a) ORDER TO DUTY. A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran under section 1491 of title 10. However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned.

(b) SERVICE CREDIT. A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive:
  1. service credit under section 12732(a)(2)(E) of title 10; and
  2. (2) if authorized by the Secretary concerned, the allowance under section 435 of title 37.
(c) REIMBURSABLE EXPENSES. A member who performs funeral honors duty under this section may be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence.

(d) REGULATIONS. The exercise of authority under subsection
    (a) is subject to regulations prescribed by the Secretary of Defense.

I. AUTHORITY AND ADMINISTRATION
TITLE 32, UNITED STATES CODE
  • CHAPTER 81 - CIVILIAN EMPLOYEES
  • 1588. Authority to accept certain voluntary services.
§ 1588. Authority to accept certain voluntary services.

(a) AUTHORITY TO ACCEPT SERVICES. Subject to subsection (b) and notwithstanding section 1342 of title 31, the Secretary concerned may accept from any person the following services:
  1. . . . .
  2. . . . .
  3. . . . .
  4. Voluntary services as a member of a funeral honors detail under section 1491 of this title.