	Introduction

Eligible veterans are entitled to receive certain military honors at their funerals. There is no cost to the family of a veteran for military honors. 105-261 ; and amended by the National Defense Authorization Act for Fiscal Year 2000, P.L. 106-65 . In addition, federal law provides that veterans who served on active duty and former members of the Selected Reserve may be eligible for military funeral honors. Ineligibility Based on Involvement in a Capital Crime

A person is ineligible for military funeral honors if he or she is
convicted of a federal capital crime, the conviction is final, and the sentence has not been commuted by the President; convicted of a state capital crime, the conviction is final, and the sentence has not been commuted by a governor of a state; found by the Secretary of Veterans Affairs or, in the case of a burial or inurnment at Arlington National Cemetery, the Secretary of the Army by clear and convincing evidence and after the opportunity for a hearing, to have committed a federal or state capital crime but has not been convicted of this crime due to death or flight to avoid prosecution. History of the Capital Crime Provisions

The denial of eligibility for military funeral honors for persons involved in capital crimes began in 1997 with the enactment of P.L. Although P.L. 109-461 , enacted in 2006, ordered the Secretary of the Army to remove Wagner's cremated remains from Arlington National Cemetery and return them to his family. These include a funeral honors detail of at least two non-retired uniformed members of the Armed Forces, the folding and presentation of a U.S. flag to the family of the deceased, and the playing of Taps. Pursuant to legislation enacted on May 20, 2016 ( P.L. 95-202 ) to have performed active duty military service and been granted veterans status, such as Women's Air Force Service Pilots, are eligible for inurnment in the Columbarium or Niche Wall at Arlington Cemetery but not ground burial. Pursuant to Supreme Court's decision in United States v. Windsor , declaring Section 3 of the Defense of Marriage Act unconstitutional, same-sex spouses are eligible for interment or inurnment at Arlington National Cemetery and any VA national cemetery effective June 26, 2013.
Eligible veterans are entitled to receive military honors at their funerals. Federal law, enacted in 1999 (P.L. 105-261) and amended in 2000 (P.L. 106-65) provides that each eligible veteran shall be provided, at minimum,
a two-person funeral honors detail, the playing of taps, and the folding and presentation of a U.S. flag to the family.
The Department of Veterans Affairs (VA) issues these honors at no cost to the veteran's family. These honors can be augmented to include color guards, pallbearers, and firing parties provided either by the military or civilians in approved veterans or other organizations. Funeral honors at Arlington National Cemetery include additional elements according to the rank of the deceased.
Persons involved in capital crimes are ineligible for military funeral honors. In 1997, Congress began prohibiting interment and inurnment in national cemeteries and military funeral honors for persons involved in federal or state capital crimes. In 2006, Congress passed a law (P.L. 109-461) ordering the cremated remains of a veteran who had been convicted of two counts of murder be removed from Arlington National Cemetery.
In 2013, pursuant to the Supreme Court's decision in United States v. Windsor, same-sex spouses of eligible veterans became eligible for interment and inurnment in national cemeteries.
Legislation enacted in 2016 (P.L. 114-158) permits civilians granted veterans status under federal law, such as Women's Air Force Service Pilots (WASPs), to be inurned in the Columbarium or Niche Wall at Arlington National Cemetery.