The references for this article are the House Resolution 812 (2009-2010), National Defense Authorization Act (NDAA) of 2000, Public Law 106-65 section 578, and Department of Defense Instruction (DoDI) 1300.15 (2017).
MFH = Military Funeral Honors.
What is Authorized? Military Working Dogs
H. Res. 812 — 111th Congress (2009-2010). Recognizes the significant contributions of the Military Working Dog (MWD) Program to the U.S. Armed Forces. It does not authorize MWDs to receive MFH. DoD Directive 5200.13, DoD Military Working Dog (MWD) Program, does not mention honors.
There are several stories across the internet that describe services held for MWDs in the Army, Air Force, and Marine Corps. In all the research I have done, I can only find that the MWDs who die while on Active Duty (have not retired) are given honors. The dogs that have retired are not considered veterans and do not receive honors.
Civilian law enforcement K9s can receive funeral honors depending on the department. Most likely, the standards set by the military above are followed.
What is Authorized? Members of Congress
This is an extract from DoDI 1300.15.
POLICY.
a. Support for congressional funerals will be provided, as appropriate and as authorized by law, upon request from Congressional leadership or where necessary to carry out DoD duties and responsibilities.
b. Former member of Congress (herein after referred to as “Member”) who are military veterans and meet the criteria in section 1491 of Title 10, United States Code are authorized military funeral honors pursuant to DoD Instruction 1300.15; a former member who is not a veteran is not entitled to military funeral honors. (emphasis mine)
There is no exemption, no “but in this case”. When a member of Congress dies in office and the body will lie in state, the joint service pallbearers carrying the casket into and out of the Capitol building seems quite appropriate, but that’s it. The casket is shipped back to the state he/she represented and state police can take over from there. The same goes for state elected government officials. If one is not a veteran of the US military, no MFH.
The same DoD Instruction was applied here. Senator Orrin Hatch was not authorized MFH.
What is Authorized? MFH
I Received a Question
We have had a contentious issue in our American Legion Post and I have done everything to research the issue. If you feel you can answer it would be appreciated.
Issue: a member has stated that according to Public Law 106-65 that Firing Party is not to be a part of a funeral detail for those other than Medal of Honor recipients, those killed in action, retirees, or starred senior officers. I have reviewed the law, DoD regs, and see nothing corroborating this. I did see online that CalVet of California stated this to be true but as said I can’t find anywhere else. Thanks for your time and consideration answering.
The Answer
There’s nothing that restricts the firing party except as follows:
- Discharge other than honorable (no funeral honors authorized).
- When manning dictates:
In 2019, this bill, S. 1390 (IS) – Creig Sharp Funeral Honors for Veterans Act was introduced and signed as the beginning of a sweeping program that would come out in 2000. This bill mandates military installation commanders to ensure mechanisms are in place to train and equip Active Duty, National Guard, and Reserve personnel in rendering honors for veterans.
Click here for a PDF from 2018, updated in 2020, and current from 2024 10 USC, Sec. 1491, Funeral Honors Functions at Funerals for Veterans. Please see my article here for more.
The link above is in regard to reciting certain scripts that describe the 13 flag folds. There is no meaning to each fold but there are unofficial scripts that do a nice job of assigning meaning to each. For more on these scripts, read here.
The Y2K NDAA created Military Funeral Honors (MFH) requirements for all honorably discharged veterans and retirees. The military created a three-tier system:
- Full Honors, all three ceremonial elements, pallbearers, colors, and firing party fully manned, and a band, flyover, gun salute, and caisson when available and authorized. Taps sounded by separate bugler.
- Standard Honors, all three elements with pallbearers doing double duty as firing party. Most often no colors. Taps sounded by pallbearer.
- Veteran Honors, two members of the service to fold and present the flag and sound Taps.
The NDAA also developed a program for retirees to joint local installation honor guard teams and for veteran organizations to supplement MFH.
Congressional/DoD Guidance
Click here to read the text of Public Law 106-65, Section 578 under Subtitle J—Other Matters. This is the National Defense Authorization Act that created the requirement that all military who die on Active Duty, retirees, and veterans to receive MFH. This began it all that sent base and post honor guards scrambling for a few years to try to catch up to the demand.
2.4. SECRETARIES OF THE MILITARY DEPARTMENTS AND THE COMMANDANT OF THE U.S. COAST GUARD. l. Determine procedures for augmenting the two-person military funeral honors details in accordance with respective Service traditions. The Military Services are authorized to provide elements of honors such as firing parties and pallbearers in addition to those deemed mandatory as prescribed in Paragraph 3.2.b [directly below].
DoDI 1300.15, December 27, 2017 Change 1, April 9, 2021 (emphasese mine)
3.2. FUNERAL HONORS CEREMONIES. b. [Congressionally-mandated MFH elements] A funeral honors detail, at a minimum, performs at the funeral a ceremony that includes the folding of a U.S. flag, presentation of the flag to the designated flag recipient, and the playing of Taps.
d. The Military Services are encouraged to provide elements of honors in addition to those listed in Section 1491 of Title 10, U.S.C.; (e.g., a firing party, pall bearer) and use additional members or other authorized providers to augment the funeral honors detail for this purpose.
3.4. WEAR OF THE UNIFORM WHEN SERVING ON AN HONORS DETAIL a. An honors detail may consist of, but is not limited to, the reception team, casket team (body bearers/pall bearers), escort platoon, firing party, bugler, escort officer, chaplain, casualty assistance officer, and other military officials as appropriate.
4.1. AUTHORIZED PROVIDERS. a. Authorized providers, as defined in the Glossary, may complement a military funeral honors detail by rendering additional elements of honors, such as a firing party, pall bearers, or a bugler.
Service Guidance
Military also have guidance that is included in different manuals. As an example, the USAF has AFI 34-501, Mortuary Affairs Program.
2.26. Military Funeral Honors. Military members in Section 2A* who are interred in CONUS to include Alaska & Hawaii are authorized full military honors (a 20-person detail). Outside CONUS, military funeral honors if requested will be provided when and where circumstances permit. (T-1) Military Funeral Honors can only be rendered once with the exception of body not recovered cases where remains were later recovered and interred. Military funeral honors should be accomplished at the place of interment, entombment or inurnment, unless other location is requested by the Person Authorized to Direct Disposition. (T-0)
AFI34-501 16 APRIL 2019
*Section 2A referenced in the above quote, is MORTUARY ELIGIBILITY AND ENTITLEMENTS FOR AIR FORCE PERSONNEL. The paragraphs here describe the eligibility for Regular Air Force, United States Air Force Academy (USAFA) Cadets, Air Force Reserve Officer Training Corps (ROTC), Air Force Reserve and Air National Guard, Enlistment Applicants, Discharged Military Personnel Who Die in a U.S. Government Hospital, and Retired or Retained personnel.
Standards
We need to stop working from emotion and trying to make things “ceremonialer” just because. Protocol and standards are slipping away, even being ignored in some cases. We have laws, regulations, and instructions in place for a reason. Let’s follow them.