Federal Law Change
Response from the Veterans Administration regarding qualifications and criteria for pre approved burial in US National Cemeteries.
In short, VA was only authorized to grant burial to Hmong individuals if they were naturalized under the Hmong Veterans’ Naturalization Act of 2000. Meaning, their they had to apply for naturalization between May 26, 2000 – May 26, 2003. Mr. Insixiengmay was naturalized before those dates which originally resulted in denial, until 38.619 was updated.
Once CFR 38.619 final ruling was updated (Federal Register :: Persons Eligible for Burial), and went into effect September 5, 2023, we were able to apply the new rule for Hmong Individuals who were naturalized outside of HVNA of 2000, and use following types of documentation as evidence A-D to grant burial:
(A) Original documentation issued by a government agency officially documenting the service type, location, and dates served;
(B) An affidavit of the decedent's superior officer attesting to the type of service, location, and dates served;
(C) Two affidavits from other individuals who were also serving with such a special guerilla unit or irregular forces and who personally knew of the decedent's service; or
(D) Other appropriate evidence that factually documents the service, location, and dates served.
(iii) The DD Form 214, Certificate of Release or Discharge from Active Duty, is not an appropriate documentation of service for purposes of paragraphs (a)(2)(i)(B) and (C) of this section.
In short, VA was only authorized to grant burial to Hmong individuals if they were naturalized under the Hmong Veterans’ Naturalization Act of 2000. Meaning, their they had to apply for naturalization between May 26, 2000 – May 26, 2003. Mr. Insixiengmay was naturalized before those dates which originally resulted in denial, until 38.619 was updated.
Once CFR 38.619 final ruling was updated (Federal Register :: Persons Eligible for Burial), and went into effect September 5, 2023, we were able to apply the new rule for Hmong Individuals who were naturalized outside of HVNA of 2000, and use following types of documentation as evidence A-D to grant burial:
(A) Original documentation issued by a government agency officially documenting the service type, location, and dates served;
(B) An affidavit of the decedent's superior officer attesting to the type of service, location, and dates served;
(C) Two affidavits from other individuals who were also serving with such a special guerilla unit or irregular forces and who personally knew of the decedent's service; or
(D) Other appropriate evidence that factually documents the service, location, and dates served.
(iii) The DD Form 214, Certificate of Release or Discharge from Active Duty, is not an appropriate documentation of service for purposes of paragraphs (a)(2)(i)(B) and (C) of this section.
Qualifications
Note:
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(3) EITHER:
(A) Naturalized under section 2(1) of the Hmong Veterans Naturalization Act of 2000, and a copy of the official U.S. Certificate of Naturalization. There is nothing there about documenting SGU or irregular service, which I interpret if you are naturalized under the 2000 Hmong act you don’t have to prove SGU service. |
Pre-burial application form / VA40-10007 ,
Foriegn National Veteran Addendum:
To be used as a tool to complete pre burial application, Add all other letters, certificates, or records that will support you identity and service. 
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Add all additional documentation that will prove your identity and service.