106 KAR 4:010. Commonwealth of
Kentucky Military Burial Honor Guard Trust Fund and State Military Burial Honor
Guard.
RELATES TO: KRS 36.390, 36.392,
36.394, 36.396, 10 U.S.C. 1491
STATUTORY AUTHORITY: KRS 36.390(3),
36.394(1)
NECESSITY, FUNCTION AND CONFORMITY: KRS 36.392(1)
establishes Kentucky's Military Burial Honor Guard Trust Fund. KRS 36.390(3)
requires the Kentucky Department of Military Affairs to implement and
administer this fund and to implement a state burial honor guard program which
complies with and supplements the federal, United States Department of Defense,
Military Funeral Honors Program as prescribed by 10 USC 1491. This
administrative regulation establishes the requirements, policies, procedures
and operational criteria for Kentucky's State Military Burial Honor Guard
Program.
Section 1. Definitions. (1)
"Casualty Assistance Office" means the designated United States
Department of Defense element for civil funeral directors to request all
Military Funeral Honors Program support.
(2) "Eligible veteran" means a
Kentuckian who:
(a) Has served the state and nation in
the armed forces;
(b) Was discharged under other than
dishonorable conditions;
(c) Was a member or former member of the
Selective Reserve, to include the Kentucky National Guard;
(d) Is recently deceased; and
(e) Has not been convicted of federal or
state capital offenses and sentenced to life imprisonment without parole or
received the death penalty.
(3) "Fund" means the
Commonwealth of Kentucky Military Burial Honor Guard Trust Fund established by
KRS 36.392(1) to fund State Burial Honor Guard Program activities required by
KRS 36.390 to 36.396.
(4) "Military funeral honors
authorized provider" means any veteran's service organization or other
military or civil entity that has been trained to Department of Defense
Military Funeral Honors Program standards in the proper decorum for military
funeral honors and is Department of Defense-recognized to provide military
funeral honors under the program criteria.
(5) "Selected reserve" means
military units and individuals in each reserve component that participates in
paid, federal training periods and serves on paid, federal active duty for
training and includes members and former members of the Kentucky National
Guard.
(6) "State Military Burial Honor
Guard Coordinator" means the Kentucky Department of Military Affairs
representative who has been designated by the Adjutant General of Kentucky as
having program responsibility for the effective implementation of the overall
program within the state.
(7) "State Military Burial Honor
Guard Program" means the state program, funded by Kentucky's Military
Burial Honor Guard Trust Fund, that complies with and supplements the federal,
Department of Defense Military Funeral Honors Program for rendering military
funeral honors to eligible Kentucky veterans.
(8) "United States Department of
Defense Military Funeral Honors Program" means the federal program
implemented by 10 USC 1491 which required the federal military to perform a basic,
two (2) person, level of funeral honors upon request for all eligible veterans.
Section 2. Burial Honor Guard Trust Fund.
(1) Money derived from the fund established by KRS 36.392(1) shall be expended
for an approved program that:
(a) Funds activities of the State
Military Burial Honor Guard Program for costs incurred or deemed necessary by
the Department of Military Affairs, State Military Burial Honor Guard Coordinator;
(b) Provides for honorable military
burials for Kentuckians who have served their state and nation in the armed
forces;
(c) Encourages and assists veterans
organizations and other certified military funeral honors authorized providers
in the rendering of military funeral honors; and
(d) Works with the public and private
sectors to honor and recognize the service and sacrifice of veterans.
(2) Fundraising.
(a) The fund may accept appropriated
funds, gifts, donations, or grants from an individual, a corporation, or government
entity.
(b) Solicitation of funds or fundraising
on behalf of the fund shall not be made unless specifically approved by the
Adjutant General of Kentucky.
(c) Gratuitous donations may be accepted
by the fund.
1. Checks shall be made out to the
Kentucky State Treasurer.
2. Checks shall be sent to the Adjutant
General of Kentucky, Attention: State Military Burial Honor Guard Coordinator,
Building 100, Boone National Guard Center, 100 Minuteman Parkway, Frankfort,
Kentucky 40601-6168.
(3) Incidental costs. Program
encumbrances and disbursements shall be approved by the state Military Burial
Honor Guard Coordinator prior to the conduct of a funeral detail subject to the
availability of funds. Program expenditures shall not be made for a commodity
or service otherwise provided by an existing federal or state entitlement or
program.
Section 3. State Military Burial Honor
Guard Program. (1) Policy.
(a) The State Military Burial Honor Guard
Program shall be the burial honor guard program required by KRS 36.394(1) for
the rendering of military funeral honors, which is the ceremonial paying of
respect and the final demonstration of the country's and state's gratitude to
those Kentuckians who, in times of war and peace, have faithfully defended the
state and nation in the armed services.
(b) A Kentucky veteran shall be entitled
to military funeral honors under this program if the veteran is deemed eligible
under military funeral honors program eligibility criteria established in
Section 1(2) of this administrative regulation and subject to the availability
of funds.
(c) The State Military Burial Honor Guard
Program shall supplement the minimum, two (2) person, flag presentation
ceremony of the 10 USC 1491 federal military honors program support provided to
Kentuckians.
(2) Standards. The State Military Funeral
Honors Program and all program activities shall comply with the standards
established by Department of Defense guidance in the conduct of ceremonies and
the Department of Defense Military Funeral Honors Program defined in 10 USC
1491.
(3) Responsibilities.
(a) Department of Military Affairs, State
Military Burial Honor Guard Coordinator. The State Military Burial Honor Guard
Coordinator shall:
1. Implement this administrative
regulation to conduct military funeral honors support by the Kentucky National
Guard and other military funeral honors authorized providers;
2. Ensure proper decorum for funeral
honors including appropriate trained personnel and proper equipment,
standardized procedures and quality control of funeral honors details
consistent with Department of Defense guidance;
3. Validate requests for military funeral
honors support received from the Casualty Assistance Office and coordinate with
providers who are authorized to provide military funeral honors details to render
approved honors under the state Military Burial Honor Guard Program;
4. Ensure adequate funding is requested
to support the state Military Burial Honor Guard Program;
5. Coordinate with active and reserve
military, veterans service organizations, and other civil military funeral
honors authorized providers concerning their support and assistance in the
conduct of a military funeral honors detail;
6. Serve as the primary coordinating
agency and single point of contact for all matters relating to the conduct of
military funeral honors details by the Kentucky National Guard;
7. Collect standardized data on all
military funeral honors rendered by the Kentucky National Guard and supported
by the state Military Burial Honor Guard Program; and
8. Receive and coordinate all requests for
military funeral honors support from the Casualty Assistance Office and
coordinate support with funeral directors, family members or other authorized
sources.
(b) Department of Veterans Affairs. The
Kentucky Department of Veterans Affairs shall:
1. Support the Department of Military
Affairs in the implementation and maintenance of the state Military Burial
Honor Guard Program;
2. Coordinate the Department of Defense
required training of all veteran's service organizations as military funeral
honors authorized providers;
3. Assist military funeral honors
authorized providers in procuring sufficient training aides and equipment to
conduct military funeral honors;
4. Maintain a list of all military
funeral honors authorized providers who have successfully completed the
required training and have been recognized by the Department of Defense as
military funeral honors authorized providers; and
5. Provide a copy of this list to the
Department of Military Affairs, State Military Burial Honor Guard Coordinator
at least quarterly.
(c) Military funeral honors authorized
providers. Military funeral honors authorized providers may perform, augment
and supplement state military funeral honors details. The Adjutant General may
establish on-going liaison and formal agreements with any Department of Defense
recognized military funeral honors authorized provider or other entity within
the state to assist them with obtaining Department of Defense recognition,
training, and support or to further the understanding of the sacrifices made by
the deceased Kentucky veterans being honored.
(4) State Military Burial Honor Guard
Program procedures.
(a) Requesting military funeral honors
support.
1. Civil funeral directors, rather than
families, shall contact the appropriate Department of Defense Casualty
Assistance Office to request military funeral honors support.
2. All requests from funeral directors
for military funeral honors support shall be directed to the Department of
Defense centralized toll free access system at 1-877-MIL-HONR (1-877-645-4667).
This Department of Defense component shall coordinate with the Kentucky
Department of Military Affairs or other military element to provide the
requested support to eligible veterans. Military funeral directors shall
provide the service component that the deceased was a former member of, i.e.,
Kentucky National Guard, other Selected Reserve element, U.S. Army, Air Force,
Navy, Marine Corps, or Coast Guard.
3. All requests for military funeral
honors support shall be a minimum of forty-eight (48) hours in advance of the
requested burial ceremony. The Department of Military Affairs may, if
circumstances warrant, waive the forty-eight (48) hour notice requirement.
(b) Additional information on military
funeral honors and the funeral honors process shall be available to funeral
directors, veterans and family members at the Department of Defense web site,
www.militaryfuneralhonors.osd.mil. (28 Ky.R. 185;
Am. 554; 850; eff. 9-6-2001.)