DOVABURI0005

A deceased veteran found to have committed a federal or state capital crime, but avoided conviction because he or she was unavailable for trial due to death or flight has an opportunity through his or her representative to contest such finding before either the Director for the Memorial Services Network or his or her designee. After the hearing, the Director or designee will determine whether it has been established by clear and convincing evidence that the deceased committed a federal or state capital crime. If it has not been so established, and the deceased otherwise remains eligible, the internment/memorialization will be approved. If it has been so established, the record and recommended decision will be sent to the Under Secretary for Memorial Affairs for final decision. If the deceased's representative is dissatisfied with the Under Secretary's decision, he or she may appeal it to the Board of Veterans' Appeals.