Can a National Guard Soldier Be Buried in a Veteran Cemetery?

The Confusion Between National Guard and Federal Service

When considering the burial options for National Guard soldiers, it is essential to understand the difference between state service and federal service. National Guard members serve the state they are in, rather than the federal government. However, if a National Guard soldier is deployed or placed on active duty, they become federalized and are considered active duty members of the United States military.

If a National Guard soldier is never deployed or placed on active duty, they are typically not eligible for VA benefits or services, including burial in a VA national cemetery. This article will explore the conditions under which a National Guard soldier can be eligible for burial in a veteran cemetery.

Eligibility for Burial in a VA National Cemetery

The general eligibility for burial in a VA national cemetery includes:

Active Duty Service

For a National Guard soldier to be eligible, they must have served on active duty and been discharged under conditions other than dishonorable. This typically applies to those who were activated for federal service under Title 10 orders.

Service in Specific Operations or National Emergencies

Members who served in certain operations or were called to active duty for national emergencies may also qualify for burial in a VA national cemetery.

Eligibility Determination

It is advisable for the family or the individual to contact the VA or the specific cemetery to confirm eligibility based on the service record. Each case is unique, and the VA has specific criteria related to individual circumstances.

Defining a Veteran

Under federal law, a veteran is defined as any person who served honorably on active duty in the armed forces of the United States. To be considered a veteran, an individual must have been issued a DD-214 and discharged under honorable conditions. Reservists and National Guard members are not on active duty unless federalized.

Specific Eligibility Criteria

Any member of the Armed Forces of the United States who dies while on active duty or any veteran who was discharged under conditions other than dishonorable may be eligible for burial in a national cemetery.

The Quick Answer

The quick answer is that if they served on any active deployment or duty, they are eligible for burial in a veteran cemetery. If they never served on active duty, they are not eligible for these benefits.

For detailed information on eligibility, contacting the VA or the specific cemetery overseeing the veteran cemetery is the best course of action.