Fort Rosecrans National Cemetery in San Diego, California (Photo: Ken Lund)
Editor’s note: This article has been updated to include an opposing viewpoint.
New legislation has been introduced in the Senate that would give the VA expanded authority to remove the remains of Veterans convicted of serious crimes like serial murder from national cemeteries. The proposal, called the Restoring the Sanctity of Public Entombments, Cemeteries, and Tributes (RESPECT) Act, was introduced on Sept. 16 by Sen. John Cornyn (R-Texas) and a bipartisan group of a senators.
Sen. Cornyn said the burial grounds of national cemeteries should be reserved for the bravest and most honorable, and that this bill would give the VA extended authority to disinter the remains of any “disgraced” Veteran who would not be deemed eligible under current standards.
At present, the VA can only reconsider burial eligibility dating back to 2013. Families and victims’ advocates seeking the removal of individuals who committed crimes before that year must rely on Congress to pass a law for each case. Lawmakers argue that this process creates unnecessary delays and unequal outcomes for Veterans families who are awaiting burial services.
The RESPECT Act would expand the VA’s authority to cover cases as far back as June 18, 1973, the date the National Cemeteries Act was signed into law. Sen. Mazie Hirono (D-Hawaii) said the change would end the arbitrary cutoff and make the process available to all families who request it.
There are less than 10 active disinterment petitions across Hawaii, Alaska, Pennsylvania, Florida, and California. Lawmakers from those states are among the sponsors of the bill, including Cornyn, Hirono, Lisa Murkowski (R-Alaska), John Fetterman (D-Pa.), Rick Scott (R-Fla.), and Adam Schiff (D-Calif.).
Earlier this year, the Senate passed another bill from Cornyn to remove the remains of Fernando V. Cota from Fort Sam Houston National Cemetery in San Antonio, Texas. Cota, convicted of rape and linked to multiple murders, was buried there in 1984. That legislation has not yet been taken up by the House.
The issue has drawn attention in Hawaii, as well. Advocates there are pushing for the removal of Dr. Robert Browne, a Veteran and psychiatrist, accused of sexually abusing dozens of students. Although Browne died by suicide in 1991 before he could be tried, victims and lawmakers argue his burial in the National Memorial Cemetery of the Pacific is offensive.
Sen. Scott said national cemeteries must reflect the honor and respect owed to Veterans and their families, and that the RESPECT Act helps preserve their dignity. Supporters argue that giving the VA retroactive authority would prevent the need for Congress to act on each case and would better protect the sanctity of national cemeteries. By closing the gap in existing law, the legislation would allow the VA to make determinations that ensure only those who served with honor are laid to rest in these cemeteries.
Others have voiced concerns.
“Removing Veterans because of their past transgressions or shortcomings is abhorrent,” Marine Corps Veteran and Post 43 Legionnaire Naomi Chavez said. “Interment should always be based on character of service. Period.”
The VA’s current policy does allow the department to review a Veteran’s entire history, not just their military service. Chavez also questioned the committee review process, citing a lack of transparency and accountability in the bill’s current language: “Who decides if a Veteran is disgraceful?”
While the VA’s policy for removing “disgraced” Veterans affords families of the deceased to appeal decisions, the exact process the VA uses to reconsider internment is unclear.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
