Current through February, 2024
(a) An application
for the disinterment of remains of unknown or unidentified armed forces members
is subject to the requirements of this chapter, unless otherwise provided in
this section, and shall be made by the United States Department of
Defense.
(b) The United States
Department of Defense shall submit an application for a disinterment permit to
the state registrar on a form approved by the state registrar through the
electronic disinterment application and permit system or other approved
method.
(c) The state registrar
shall accept an application from the United States Department of Defense
without an application fee.
(d) The
United States Department of Defense shall provide legal documentation of its
relationship to the deceased and other information required on the
application.
(e) The United States
Department of Defense shall provide documentation to substantiate that it has
the authority to disinter the remains.
(f) The United States Department of Defense
shall submit the documentation with the application by uploading copies of the
documents in the electronic disinterment application and permit system and keep
the originals for two years after the date of disinterment.
(g) To disinter a single set of unknown or
unidentified remains, an application shall include the following information,
if known. If it is unknown, indicate "Unknown" or give the best approximation
on the application.
(1) Decedent's full
name;
(2) Date of death;
(3) Place of death;
(4) Decedent's date of birth or age at the
time of death;
(5) Decedent's s
ex;
(6) Decedent's race or
ethnicity;
(7) Name of the United
States Department of Defense agency making the application;
(8) Relationship of the United States
Department of Defense agency to the decedent;
(9) Current location of the
remains;
(10) Intended disposition
of the remains, including:
(A) Place of burial
or other place where the remains will be reinterred or transferred;
(B) If the remains are to be cremated, the
name of the crematory and the place where the cremated remains are to be kept
or sent.
(11) Name of
the designated United States Department of Defense agency staff authorized to
take charge of the remains upon their disinterment;
(12) Name of the person from the United
States Department of Defense who is authorized to initiate disinterment, with a
citation to or copy of the law or other documentation that establishes the
authority; and
(13) Other
information requested by the state registrar, if known, including:
(A) Decedent's spouse's name, if
applicable;
(B) Decedent's father's
name;
(C) Decedent's mother's full
name prior to first marriage; and
(D) Cause of death.
(h) To disinter multiple sets of
unknown or unidentified remains, an application shall include the information
in subsection (g) and also the following:
(1)
A written plan describing the reason for the disinterment, the method of
disinterment, and the intended disposition of the remains, including, but not
limited to relocation, removal and transport, or identification;
(2) A list of the armed forces members whose
remains are believed to be in the place of burial but have not yet been
identified, along with assigned unknown reference numbers that correspond to
each set of remains;
(3) Copies of
death certificates or other written proof of death corresponding to the list of
names in subsection (h)(2);
(4)
Information identifying each place of burial that is intended to be exposed or
disturbed for the disinterment of the remains;
(5) Specific date(s) of disinterment, listing
the specific place of burial to be disturbed on each date;
(6) A written plan detailing the proposed
disposition of the remains after they have been disinterred, including the
anticipated disposition for any remains that cannot be identified;
and
(7) Written authorization from
the person from the United States Department of Defense who is authorized to
initiate disinterment, with a citation to or copy of the law or other
documentation that establishes the authority.
(i) After the disinterment of the remains,
the United States Department of Defense shall provide the department with an
account of the findings including:
(1) The
name of each armed forces member whose remains are identified, including the
unknown reference number assigned to each set of remains before the remains
were identified, along with the corresponding death certificate or other
written proof of death and as much of the identifying information required by
subsections (g) and (h) as is discovered;
(2) A written description of action to be
taken if the remains cannot be identified; and
(3) A written report of the relocation of the
remains if the intended disposition in subsection (g)(10) has changed.
