38 U.S.C. § 302

CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT ARLINGTON NATIONAL CEMETERY.

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“(a)Construction Required.—The Secretary of the Army shall, in consultation with the Administrator of the National Aeronautics and Space Administration, construct at an appropriate place in Arlington National Cemetery, Virginia, a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107.“(b)Availability of Funds.—Of the amount appropriated or otherwise made available by title II of the Department of Defense Appropriations Act, 2003 (Public Law 107–248) under the heading ‘Operation and Maintenance, Army’ [116 Stat. 1521], $500,000 shall be available for the construction of the memorial marker required by subsection (a).

Notes of Decisions

Cited in 3 cases, 1946–2016 · leading case: Leroy S. Robinson, Jr. v. Robert A. McDonald, 28 Vet. App. 178 (Vet. App. 2016).

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Leroy S. Robinson, Jr. v. Robert A. McDonald, 28 Vet. App. 178 (Vet. App. 2016). · cites it 2× “The Court is puzzled by the Secretary's intransigence in this 3 See 38 U.S.C. § 302 (b), providing that a copy of a VA document "shall be evidence equal with the original thereof" "when authenticated by the [VA] seal and certified by the Secretary" or authorized delegate.”

Woodward v. United States, 167 F.2d 774 (8th Cir. 1948). “1008 , 1010, 38 U.S.C.A. § 302 (g), the permitted class of beneficiaries included “a widow, widower, child (including a stepchild or an illegitimate child if designated as beneficiary by the insured), parent (including person in loco parentis if designated as -beneficiary by the…”

Maldonado v. United States, 69 F. Supp. 302 (E.D.N.Y 1946). “But for those words, she could not have been a beneficiary within the statute, ( 38 U.S.C.A. § 302 (g)) since she was neither widow, child, parent, nor sister of the insured.”

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