106 KAR 4:010. Commonwealth of Kentucky Military Burial Honor Guard Trust Fund and State Military Burial Honor Guard

Link to law: http://www.lrc.ky.gov/kar/106/004/010.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov