US Laws, Codes, Statutes & Cases

§ 901. Burial of indigent service members.

The Adjutant General shall provide out of funds appropriated to the Delaware National Guard for the proper interment of each and every indigent soldier, sailor or marine who shall have served in the Army, Navy or Air Force of the United States in any war in which it has been engaged and been honorably discharged therefrom, who shall at the time of death be a resident of this State leaving insufficient means to defray the expenses of interment. This section shall also apply to Merchant Marines who qualify as veterans under § 8720 of Title 29. (18 Del. Laws, c. 693, § 1; Code 1915, § 3473; 35 Del. Laws, c. 207, § 1; Code 1935, § 326; 47 Del. Laws, c. 7, § 1; 20 Del. C. 1953, § 901; 64 Del. Laws, c. 258, § 1; 69 Del. Laws, c. 145, § 2; 70 Del. Laws, c. 186, § 1.)

§ 902. Procedure and conditions for burial payments.

Whenever the commander of the nearest post representing the war in which the applicant was engaged shall be notified of the death of any such indigent soldier, sailor or marine and shall upon careful investigation ascertain that the person so dying was not possessed of sufficient means to defray the expenses of interment, the post commander shall appear in person before a notary public and make affidavit to this effect. The affidavit, together with a copy of the discharge certificate of the soldier, sailor, or marine, or, in the event that no copy of discharge certificate is available, then a certified record of service, shall be presented to the Adjutant General who shall make appropriate arrangements for interment. This section shall also apply to Merchant Marines who qualify as veterans under § 8720 of Title 29. (18 Del. Laws, c. 693, § 2; Code 1915, § 3474; 35 Del. Laws, c. 207, § 2; 38 Del. Laws, c. 189, § 1; Code 1935, § 327; 47 Del. Laws, c. 7, § 2; 20 Del. C. 1953, § 902; 64 Del. Laws, c. 258, § 1; 69 Del. Laws, c. 145, § 2.)

§ 903. Military funerals for service members brought from overseas.

To assist our heroic service personnel and their families who made the supreme sacrifice there is appropriated for the expense of conducting military or naval funerals of deceased service members from Delaware brought from overseas the sum of $125 per funeral, the same to be paid on the warrants of the Adjutant General when approved by the Governor from funds appropriated therefor. (32 Del. Laws, c. 23, § 10; Code 1935, § 319; 20 Del. C. 1953, § 903; 64 Del. Laws, c. 258, § 1.)

§ 904. Unlawful use of insignia of veterans' organizations; penalties.

Whoever, not being a member of the Grand Army of the Republic, the Union Veteran Legion, the United Spanish War Veterans, the Veterans of Foreign Wars, the American Legion, the American Legion Auxiliary, Sons of the American Legion, 40 et 8, 8 et 40, or any other service or ex-service unit, auxiliary or organization wears, uses, exhibits or displays any badge, button or other insignia of any of such organizations, with intent to make it appear that the person is a member of any of such organizations or entitled to any of the benefits or advantages resulting from membership therein, shall, for each such offense, be fined not more than $200, or shall be imprisoned not more than 10 days or both. (18 Del. Laws, c. 683, § 1; 19 Del. Laws, c. 274, §§ 1, 2; Code 1915, § 3475; 33 Del. Laws, c. 215, § 1; Code 1935, § 3943; 41 Del. Laws, c. 193, § 1; 20 Del. C. 1953, § 904; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.)

§ 905. Leaves of absence for members of reserve on temporary active duty.

(a) If any employer fails to comply with any provisions of federal or state law relating to employment rights of reservists or National Guard members, the employee may elect to bring an action at law for damages for such noncompliance or such other relief as is appropriate in the Superior Court of Delaware.

(b) Any National Guard member who is called to state active duty shall be entitled to the same rights, privileges, and protections with respect to such member's employment as such member would have had if called for military training under federal law protecting reservists and National Guard members. (20 Del. C. 1953, § 905; 50 Del. Laws, c. 413, § 1; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.)