Death & Survivor Benefits

Delaware Veterans Memorial Cemeteries

Free burial for an eligible veteran at the state veterans cemeteries in Bear and Millsboro, with a fee for family members. Eligibility follows the national cemeteries plus three Delaware additions: honorably retired Guard and reserve members, World War II Merchant Mariners, and no residency rule for 20-year Delaware Guard members. The agency then adds a residency rule of its own.

Also called: 20 Del. C. 1204, veterans cemetery, Bear, Millsboro, Chesapeake City Road, Merchant Marine, NCA Directive 3210, residency requirement, Kent County cemetery, HCR 118.

For: Veteran or service member, spouse, child, survivor.

Where it applies

Written for the jurisdictions listed here.

Delaware runs two veterans memorial cemeteries, one in New Castle County at 2465 Chesapeake City Road, Bear, and one in Sussex County near Millsboro. Who is eligible, by statute. Title 20, section 1204, subsection (a) adopts the eligibility rules of the U.S. Department of Veterans Affairs National Cemetery Administration, cited as NCA Directive 3210, with three exceptions that widen it. Any person who retired honorably as a member of the National Guard or the reserve forces is eligible. Any person who served as a Merchant Mariner for at least two years between December 7, 1941 and August 15, 1945 is eligible. And a person who was a member of the Delaware National Guard or a reserve unit in Delaware for at least 20 years is not subject to any residency requirement. The residency rule. The statute lets the Commission "impose a residency requirement for interment", and it has. The Office of Veterans Services eligibility page requires the veteran to have been a legal resident of Delaware at the time of death, or for a cumulative three years or more at any time, or at entry into the armed forces. Any one of the three is enough. The page does not mention the Merchant Marine route or the 20-year Guard exemption from residency, both of which are in the statute, so cite section 1204 if either applies to you. What is free. Subsection (b): "There shall be no fee charged for any plot and the interment provided to any eligible veteran or member of the armed forces of the United States." The Commission may set reasonable fees for family members. The agency page says spouses and dependent children, meaning under 21 and unmarried or with a lifelong dependency, are eligible once the veteran is pre-qualified. What the agency page says about service. It lists honorably discharged veterans, other than active duty for training, and reservists with more than 180 days of active federal service, which need not be consecutive, and Guard members or reservists with 180 days of active duty or eligible for retirement pay at 60. A general discharge is not named on the page, while the national rules it is supposed to follow accept other than dishonorable service. Ask the cemetery to apply NCA Directive 3210 as the statute requires. Pending. House Bill 480, which would let the Secretary admit a Delaware Guard member with less than 20 years, was in the House Veterans Affairs Committee when the session ended and did not pass. House Concurrent Resolution 118 of 2026 encourages the Department to explore a third cemetery in Kent County; a resolution creates nothing, and there is still no state veterans cemetery in Kent County.

Thresholds

Thresholds for Delaware Veterans Memorial Cemeteries
GateRule
National cemetery eligibility, widened three ways20 Del. C. § 1204(a): honorably retired Guard or reserve, WWII Merchant Mariners with two years between December 7, 1941 and August 15, 1945, and no residency rule for 20-year Delaware Guard or reserve members.
A Delaware residency rule set by the agency, not the statuteOffice of Veterans Services: resident at death, or three cumulative years, or at entry into service. 20 Del. C. § 1204(a)(1) permits it and exempts 20-year Delaware Guard members.

Sources

Legislation

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85 Del. Laws c. 137 (HS 1 for HB 1 with HA 1) Created a cabinet-level Department of Veterans Affairs, kept inside the Department of State until a transition plan is approved

Catalog reconciledEnactedProgram createdScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Enacted 29 Del. C. §§ 8801-8804 and moved the Commission of Veterans Affairs to §§ 8811-8816. The Department runs the veterans cemeteries, the Veterans Trust Fund and the discharge paper repository, but under § 8801(c) remains a division of the Department of State until the General Assembly approves a transition report, with separation targeted by July 1, 2030. The act also moved recorded discharge documents from the county recorders to the Department (9 Del. C. § 9605(j)) and renamed references throughout the Code. Approved August 13, 2025.

Sponsor

  • CarsonHouse

And 38 co-sponsors

Touches 29 Del. C. § 8801 · 29 Del. C. § 8804 · 29 Del. C. § 8811 · 9 Del. C. § 9605 · 30 Del. C. § 1197 · 20 Del. C. § 1202

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.