10 U.S.C. § 1488

Removal of remains

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(a)Removal Upon Discontinuance of Installation Cemetery.—If a cemetery on a military reservation, including an installation cemetery, has been or is to be discontinued, the Secretary concerned may provide for the removal of remains from that cemetery to any other cemetery.(b)Removal From Temporary Interment or Abandoned Grave or Cemetery.—With respect to any deceased member of an armed force under the jurisdiction of the Secretary concerned whose last service terminated honorably by death or otherwise, the Secretary may also provide for the removal of the remains from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery.(c)Removal of Remains of Certain Members With No Known Next of Kin.—(1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.(3) A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.(4) In this subsection:(A) The term “Army National Military Cemetery” means a cemetery specified in section 7721(b) of this title.(B) The term “covered member of the armed forces” means a member of the armed forces who—(i) has been awarded the Medal of Honor; and(ii) has no known next of kin.(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 113–291, div. A, title V, § 594, Dec. 19, 2014, 128 Stat. 3395; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1488	5:2160 (as applicable to armed forces).	July 15, 1954, ch. 507, § 10 (as applicable to armed forces), 68 Stat. 480.

The words “national cemeteries, other installation cemeteries, or” are omitted as surplusage.

Editorial NotesAmendments

2018—Subsec. (c)(4)(A). Pub. L. 115–232 substituted “section 7721(b)” for “section 4721(b)”.

2014—Pub. L. 113–291 designated first sentence of existing provisions as subsec. (a) and inserted heading, designated second sentence of existing provisions as subsec. (b), inserted heading, and substituted “the jurisdiction of the Secretary concerned” for “his jurisdiction”, and added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Notes of Decisions

Cited in 8 cases, 1943–1978 · leading case: Burns v. Lovett, Sec'y of Def. Dennis v. Lovett, Sec'y of Def., 202 F.2d 335 (D.C. Cir. 1952).

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Burns v. Lovett, Sec'y of Def. Dennis v. Lovett, Sec'y of Def., 202 F.2d 335 (D.C. Cir. 1952). · cites it 2× “The other, 10 U.S.C.A. § 1488 , supra note 35, provides that an accused may have counsel of his own selection, in place of or in addition to appointed counsel.”

Ex Parte Smith, 72 F. Supp. 935 (M.D. Penn. 1947). “This procedure was in accord with the requirements of Article of War 11, 10 U.S.C.A. § 1482 .”

Romero v. Squier, 133 F.2d 528 (9th Cir. 1943). “790 , 794, 802, 10 U.S.C.A. §§ 1488 , 1506, 1542. The charge before the court-martial was violation of the 96th Article of War, 10 U.”

United States v. Diaz, 577 F.2d 821 (2d Cir. 1978). “1939) (then 10 U.S.C. § 1488 ). . Other circuits have adopted other standards.”

Ex Parte Benton, 63 F. Supp. 808 (N.D. Cal. 1945). “It is not claimed that counsel was not furnished, as provided in the 17th Article of War, 10 U.S.C.A. § 1488 , 1 but that the counsel appointed were so ineffective as to amount to no counsel at all.”

Flackman v. Hunter, 75 F. Supp. 871 (D. Kan. 1948). “17 [ 10 U.S.C.A. § 1488 ] to be represented by available counsel of his own selection.”

McClellan v. Humphrey, 83 F. Supp. 510 (M.D. Penn. 1949). “Article of War 17, 10 U.S.C.A. § 1488 , provides that the accused shall have the right to be represented by counsel of his own selection “military if such counsel be reasonably available”.”

Hayes v. Hunter, 83 F. Supp. 940 (D. Kan. 1948). “” This should be read in conjunction with Article of War 17, Title 10 U.S. C.A. § 1488, which gives the accused the right “to be represented in his defense before the court by counsel of his own selection if he so provides, or military if such counsel be reasonably available,…”

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