(a) Eligibility for interment in the Delaware Veterans Memorial Cemetery is established by the U.S. Department of Veterans Affairs, National Cemetery Administration (NCA Directive 3210) with the following exceptions:
(1) The Veterans Commission of Delaware may impose a residency requirement for interment, except that any person who, for at least 20 years, was a member of the Delaware National Guard or a reserve unit located within Delaware shall not be subject to a residency requirement.
(2) Any person who retired honorably as a member of the National Guard or Reserve forces of the United States shall be eligible.
(3) Any person who served as a Merchant Marine for a minimum period of 2 years between December 7, 1941, and August 15, 1945, shall be eligible.
(b) There shall be no fee charged for any plot and the interment provided to any eligible veteran or member of the armed forces of the United States. The Commission may establish reasonable fees for burial of members of the immediate family of a veteran or armed forces member.
(c) Burial in the Delaware Veterans Memorial Cemetery shall be without regard to race, creed, color, sex or national origin.
(d) [Repealed.]