National Guard Family Told Son Can't Be Buried at Arlington?

UPDATE
Army sec. approves Arlington burial for La. guardsman killed in helicopter crash

Dad: soldier son killed in training crash deserves Arlington Cemetery burial
FOX News
Published May 30, 2015

A soldier from the Louisiana National Guard who died alongside Marines in a training accident deserves to be buried in Arlington National Cemetery, his father said Saturday.

Former Green Beret Stephen Florich told Fox and Friends it is a “travesty” his son has been denied that honor because he was not on active duty at the time of his death.

Most active duty or retired military members of military service are eligible for in-ground interment at Arlington. Members of the reserves or National Guard are not eligible unless they have been on active duty.

“I think my son was very active on that aircraft,” Florich said. “My son was in uniform. My son was serving in the capacity as a crew chief and a door gunner. And in adverse weather conditions, he accepted a mission to train people for combat in the future. And in that, he gave all and lost his life.”

The March 11 crash in the Gulf of Mexico off the coast of Florida killed Staff Sgt. Thomas Florich, 26, of Baton Rouge, La., three other guardsmen and seven Marines. The Army UH-60 Blackhawk helicopter went down in heavy fog.

One of the Marines involved in the crash, Sgt. Andrew Seif, who had recently been awarded the Silver Star, the nation’s third highest award for valor, was buried at Arlington in April.

The seven U.S. Marines aboard the helicopter were all active duty service members and part of Marine Special Operations Command (MARSOC).
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National Cemetery Administration

Members of Reserve Components and Reserve Officers’ Training Corps


(1) Reservists and National Guard members who, at time of death, were entitled to retired pay under Chapter 1223, title 10, United States Code, or would have been entitled, but for being under the age of 60. Specific categories of individuals eligible for retired pay are delineated in section 12731 of Chapter 1223, title 10, United States Code.

(2) Members of reserve components, and members of the Army National Guard or the Air National Guard, who die while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training, or undergoing such hospitalization or treatment.

(3) Members of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force who die under honorable conditions while attending an authorized training camp or on an authorized cruise, while performing authorized travel to or from that camp or cruise, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while engaged in one of those activities.

(4)Members of reserve components who, during a period of active duty for training, were disabled or died from a disease or injury incurred or aggravated in line of duty or, during a period of inactive duty training, were disabled or died from an injury or certain cardiovascular disorders incurred or aggravated in line of duty.