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10 U.S.C. § 1480 — Death gratuity: miscellaneous provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A payment may not be made under sections 1475–1477 of this title if the decedent was put to death as lawful punishment for a crime or a military offense, unless he was put to death by a hostile force with which the armed forces of the United States were engaged in armed conflict.
**(b)** A payment may not be made under section 1476 unless the Secretary of Veterans Affairs determines that the decedent was discharged or released, as the case may be, under conditions other than dishonorable from the last period of the duty or training that he performed.
**(c)** For the purposes of [section 1475(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475/a/3&num=0&edition=prelim), the Secretary concerned shall determine whether the decedent was authorized or required to perform the duty or training and whether or not he died from injury so incurred. For the purposes of [section 1476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1476&num=0&edition=prelim), the Secretary of Veterans Affairs shall make those determinations. In making those determinations, the Secretary concerned or the Secretary of Veterans Affairs, as the case may be, shall consider—
(1) the hour on which the Reserve began to travel directly to or from the duty or training;
(2) the hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;
(3) the method of travel used;
(4) the itinerary;
(5) the manner in which the travel was performed; and
(6) the immediate cause of death.
In cases covered by this subsection, the burden of proof is on the claimant.
**(d)** Payments under sections 1475–1477 of this title shall be made from appropriations available for the payment
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Stable record: federal_law:legal_authorities:record_usc_c70d6b3a79c9787a636624f6
Source file: Laws/federal/codes/united-states-code/title-10/section-1480-death-gratuity-miscellaneous-provisions--d2b0e0c82d.md
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Passage SHA-256: 6146c8e434653f97425a5a91f86bb297b8e22c8cfe92050921dd59fa86a50cd2
Source location: Title 10, Chapter 75, § 1480; chapter-075-deceased-personnel.md
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**(a)** A payment may not be made under sections 1475–1477 of this title if the decedent was put to death as lawful punishment for a crime or a military offense, unless he was put to death by a hostile force with which the armed forces of the United States were engaged in armed conflict.
**(b)** A payment may not be made under section 1476 unless the Secretary of Veterans Affairs determines that the decedent was discharged or released, as the case may be, under conditions other than dishonorable from the last period of the duty or training that he performed.
**(c)** For the purposes of [section 1475(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475/a/3&num=0&edition=prelim), the Secretary concerned shall determine whether the decedent was authorized or required to perform the duty or training and whether or not he died from injury so incurred. For the purposes of [section 1476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1476&num=0&edition=prelim), the Secretary of Veterans Affairs shall make those determinations. In making those determinations, the Secretary concerned or the Secretary of Veterans Affairs, as the case may be, shall consider—
(1) the hour on which the Reserve began to travel directly to or from the duty or training;
(2) the hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;
(3) the method of travel used;
(4) the itinerary;
(5) the manner in which the travel was performed; and
(6) the immediate cause of death.
In cases covered by this subsection, the burden of proof is on the claimant.
**(d)** Payments under sections 1475–1477 of this title shall be made from appropriations available for the payment of members of the armed force concerned.
**(e)** In the case of a claim for a death gratuity under this chapter by an individual who is younger than 21 years of age on the date of the death with respect to which the claim is made, the individual shall file the claim with the Secretary of Defense not later than the later of—
(1) the date that is three years after the individual reaches 21 years of age; or
(2) the date that is six years after the date of the death with respect to which the claim is made.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in [section 1480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1480&num=0&edition=prelim), the Secretary concerned shall pay a death gratuity to or for the survivors prescribed in [section 1477 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1477&num=0&edition=prelim) of each person who dies within 120 days after discharge or release from—
(A) active duty; or
(B) inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service).
(2) A death gratuity may be paid under paragraph (1) only if the Secretary of Veterans Affairs determines that the death resulted from an injury or disease incurred or aggravated during—
(A) the active duty or inactive-duty training described in paragraph (1); or
(B) travel directly to or from such duty.
**(b)** For the purpose of this section, the standards and procedures for determining the incurrence or aggravation of a disease or injury are those applicable under the laws relating to disability compensation administered by the Department of Veterans Affairs, except that there is no requirement under this section that any incurrence or aggravation have been in line of duty.
**(c)** This section does not apply to the survivors of persons who were temporary members of the Coast Guard Reserve at the time of their death.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1476
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in [section 1480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1480&num=0&edition=prelim), the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by [section 1477 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1477&num=0&edition=prelim), immediately upon receiving official notification of the death of—
(1) a member of an armed force under his jurisdiction who dies while on active duty or while performing authorized travel to or from active duty;
(2) a Reserve of an armed force who dies while on inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service);
(3) any Reserve of an armed force who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform active duty for training, or inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution, under the sponsorship of an armed force or the Public Health Service), and who dies while traveling directly to or from that active duty for training or inactive duty training or while staying at the Reserve’s residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training;
(4) any member of a reserve officers’ training corps who dies while performing annual training duty under orders, or while performing authorized travel to or from that annual tra
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1475
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Federal law — U.S. Code and appendices · legal_authorities
Page 1405
TITLE 10—ARMED FORCES
§ 1480
‘‘(1) IN GENERAL.—This section [amending this sec-
tion] and the amendment made by this subsection
[probably means this section] shall terminate on Sep-
tember 30, 2005. Effective as of October 1, 2005, the
provisions of section 1478 of title 10, United States
Code, as in effect on the date before the date of the
enactment of this Act [May 11, 2005] shall be revived.
‘‘(2) CONTINUING OBLIGATION TO PAY.—Any amount of
additional death gratuity payable under section 1478
of title 10, United States Code, by reason of the
amendments made by subsections (b) and (c) of this
section [amending this section] that remains payable
as of September 30, 2005, shall, notwithstanding para-
graph (1), remain payable after that date until paid.’’
EFFECTIVE DATE OF 2003 AMENDMENTS
Pub. L. 108–136, div. A, title VI, § 646(b), Nov. 24, 2003,
117 Stat. 1520, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
as of September 11, 2001, and shall apply with respect to
deaths occurring on or after that date.’’
Pub. L. 108–121, title I, § 102(a)(2), Nov. 11, 2003, 117
Stat. 1337, provided that: ‘‘The amendment made by
this subsection [amending this section] shall take ef-
fect as of September 11, 2001, and shall apply with re-
spect to deaths occurring on or after that date.’’
EFFECTIVE DATE OF 1991 AMENDMENT; TRANSITION
PROVISION
Pub. L. 102–190, div. A, title VI, § 652(b), Dec. 5, 1991,
105 Stat. 1388, provided that:
‘‘(1) The amendments made by subsection (a) [amend-
ing this section] shall take effect as of August 2, 1990.
‘‘(2) In the case of the payment of a death gratuity
under sections 1475 through 1477 of title 10, United
States Code, with respect to a person who died during
the pe
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1480
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