The publication of a draft rule on revised eligibility for burial at Arlington National Cemetery has been postponed indefinitely as the public navigates the COVID-19 pandemic.

The public comment period was expected to begin in April. There is no “firm date” for when the rule will be cleared, said Karen Durham-Aguilera, executive director of the Office of Army Cemeteries, the agency that manages Arlington National Cemetery.

“Right now, the focus of the administration, the nation, is on the response of the coronavirus,” Durham-Aguilera said.  

The draft rule is the first step of the federal rule-making process, which takes at least nine months. It must be published in the Federal Register, Durham-Aguilera said, with public comments accepted for 60 days.  The Army is required to respond to “significant” comments and consider changes based on those comments.

[MORE ADVOCACY NEWS FROM MOAA]

Arlington National Cemetery is the final resting place for more than 420,000 servicemembers, with about 7,000 more added each year. At that rate, officials estimate it will run out of space by 2055 if steps are not taken to expand the land or change the eligibility requirements.

Officials obtained about 37 acres as part of a southern expansion, which will give them about 60,000 more spaces. To accommodate more requests, rules have also changed to bury spouses and dependents in a stack, instead of side by side.

“It is a hard reality that we are running out of capacity,” Durham-Aguilera said. “But what we want to do is be able to stay open and active, not just for our past and the current generation, but for that 5-year-old who is going to raise his or her hand one day to serve this nation. So we’ll do that as best we can, but change the eligibility.”

Among the proposed changes, the Army has said preference for below-ground interment will go to servicemembers killed in action, Medal of Honor recipients and World War II veterans.

Others eligibility for below-ground interment:

• Award recipients of the Silver Star and above who also served in combat
• Recipients of the Purple Heart
• Combat-related service deaths while conducting uniquely military activities
• Former prisoners of war
• Presidents and vice presidents
• Veterans with combat service who also served out of uniform as a government official and made significant contributions to the nation's security at the highest levels of public service

Above-ground inurnment would be authorized for:

• World War II-era veterans, to include legislated active duty designees
• Retirees from the armed forces who are eligible to receive retired pay but are not otherwise eligible for interment
• Veterans who have served a minimum of two years on active duty and who have served in combat
• Veterans without combat service who also served out of uniform as a government official and made significant contributions to the nation’s security at the highest levels of public service

Durham-Aguilera said she could not discuss specific eligibility changes until the rule was “pre-published.”

MOAA leadership continues to evaluate the impact these proposals may have on the living veteran and retiree population, and will keep our members informed on next steps and how members may engage on this very important issue. We are looking forward to continued representation of MOAA members throughout this process.