On December 27, 2001, President Bush signed Public Law 107-103, the Veterans Education and Benefits Expansion Act of 2001. This law includes a provision that allows the Department of Veterans Affairs (VA) to furnish an appropriate marker for the graves of eligible veterans buried in private cemeteries, whose deaths occur on or after December 27, 2001, regardless of whether the grave is already marked with a non-government marker. This new provision will be codified at 38 U.S.C. § 2306(d). The VA is now accepting applications for markers under the provisions of Public Law 107-103. 

The VA furnishes upon request, at no charge to the applicant, a Government headstone or marker to mark the unmarked grave of any deceased veteran discharged from the US Armed Forces under conditions other than dishonorable in any cemetery around the world. Service after September 7, 1980, must be for a minimum of 24 months or be completed under special circumstances, e.g., death on active duty. Persons with 20-years service in the National Guard or Reserves who are entitled to retired pay subsequent to October 27, 1992, are also eligible for a Government-furnished headstone or marker. A copy of the Reserve Retirement Eligibility Benefits Letter must accompany the application. Active duty service while in the National Guard or Reserves also establishes eligibility. 

Headstones and markers are provided for eligible spouses and dependents of veterans only when buried in a national, military post/base, or State veterans cemetery. Spouses and dependents buried in a private cemetery are not eligible for a Government-provided headstone or marker. 

Flat markers in granite, marble, and bronze, and upright headstones in granite and marble are available. The style chosen must be consistent with existing monuments at the place of burial. Niche markers are also available to mark columbaria used for internment of cremated remains. 

When burial or memorialization is in a national, post, or state veterans' cemetery, a headstone or marker will be ordered by the cemetery officials based on inscription information provided by the next of kin. 

When the burial is in a private cemetery, VA Form 40-1330, Application for Standard Government Headstone or Marker for Installation in a Private or State Veterans' Cemetery, may be submitted by the next of kin, funeral director or cemetery representative. Along with the form, send a copy of the veteran's military discharge document, to request a Government-provided headstone or marker. Do not send original documents, as they will not be returned. Until this form is revised, applicants should ignore references to "unmarked graves" and should note in Box 27, Remarks that this will be a second marker to mark a veteran's gravesite.

VA Form 40-1330, Application for Standard Government Headstone or Marker for Installation in a Private or State Veterans' Cemetery and additional application information may be obtained at any VA national cemetery or regional office by calling 1-800-827-1000. This form is also available at http://www.cem.va.gov/pdf/401330.pdf