10 U.S.C. § 1478 — Death gratuity: amount

Page 1402 TITLE 10—ARMED FORCES § 1478 Subsec. (c). Pub. L. 110–181, § 645(a)(3), added subsec. (c). Pub. L. 110–181, § 645(a)(1), struck out subsec. (c) which read as follows: ‘‘Clauses (3) and (4) of subsection (a), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adop- tion, and persons who stood in loco parentis to the de- cedent for a period of not less than one year at any time before he acquired a status described in section 1475 or 1476 of this title. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the dece- dent entered that status.’’ Subsec. (d). Pub. L. 110–181, § 645(a)(2), redesignated subsec. (b) as (d) and substituted ‘‘Treatment of Chil- dren.—Subsection (b)(2)’’ for ‘‘Subsection (a)(2)’’ in in- troductory provisions. Pub. L. 110–181, § 645(a)(1), struck out subsec. (d) which read as follows: ‘‘During the period beginning on the date of the enactment of this subsection and ending on September 30, 2007, a person covered by section 1475 or 1476 of this title may designate another person to re- ceive not more than 50 percent of the amount payable under section 1478 of this title. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person con- cerned in accordance with paragraphs (1) through (5) of subsection (a).’’ Subsec. (e). Pub. L. 110–417 inserted period at end. Pub. L. 110–181, § 645(b), inserted heading and sub- stituted ‘‘subsection (a) or (b)’’ for ‘‘subsection (a) or (d)’’ and ‘‘subsection (b)’’ for ‘‘subsection (a).’’. 2007—Subsec. (a). Pub. L. 110–28, § 3306(1), substituted ‘‘Subject to subsection (d), a death gratuity’’ for ‘‘A death gratuity’’. Subsec. (d). Pub. L. 110–28, § 3306(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 110–28, § 3306(2), redesignated sub- sec. (d) as (e) and substituted ‘‘If a person entitled to all or a portion of a death gratuity under subsection (a) or (d) dies before the person’’ for ‘‘If an eligible sur- vivor dies before he’’. 1989—Subsec. (b)(5)(C). Pub. L. 101–189 substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator of Veterans’ Affairs’’. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 110–181, div. A, title VI, § 645(d), Jan. 28, 2008, 122 Stat. 160, provided that: ‘‘(1) IN GENERAL.—Not later than April 1, 2008, the Secretary of Defense shall prescribe regulations to im- plement the amendments to section 1477 of title 10, United States Code, made by subsection (a). ‘‘(2) ELEMENTS.—The regulations required by para- graph (1) shall include forms for the making of the des- ignation contemplated by subsection (a) of section 1477 of title 10, United States Code, as amended by sub- section (a) of this section, and instructions for mem- bers of the Armed Forces in the filling out of such forms.’’ EXISTING DESIGNATION AUTHORITY Pub. L. 110–181, div. A, title VI, § 645(c), Jan. 28, 2008, 122 Stat. 159, provided that: ‘‘The authority provided by subsection (d) of section 1477 of title 10, United States Code, as in effect on the day before the date of the en- actment of this Act [Jan. 28, 2008], shall remain avail- able to persons covered by section 1475 or 1476 of such title until July 1, 2008, or such earlier date as the Sec- retary of Defense may prescribe, and any designation under such subsection made before July 1, 2008, or the earlier date prescribed by the Secretary, shall continue in effect until such time as the person who made the designation makes a new designation under such sec- tion 1477, as amended by subsection (a) of this section.’’ § 1478. Death gratuity: amount (a) The death gratuity payable under sections 1475 through 1477 of this title shall be $100,000. For this purpose: (1) A person covered by subsection (a)(1) of section 1475 of this title who died while trav- eling to or from active duty (other than for training) is considered to have been on active duty on the date of his death. (2) A person covered by subsection (a)(3) of section 1475 of this title who died while trav- eling directly to or from active duty for train- ing is considered to have been on active duty for training on the date of his death. (3) A person covered by subsection (a)(3) of section 1475 of this title who died while trav- eling directly to or from inactive duty train- ing is considered to have been on inactive duty training on the date of his death. (4) A person covered by subsection (a)(3) of section 1475 of this title who died while on au- thorized stay at the person’s residence during a period of inactive duty training or between successive days of inactive duty training is considered to have been on inactive duty training on the date of his death. (5) A person covered by subsection (a)(4) of section 1475 of this title who died while per- forming annual training duty or while trav- eling directly to or from that duty is consid- ered to have been entitled, on the date of his death, to the pay prescribed by the first sen- tence of section 209(c) of title 37. A person cov- ered by section 1475(a)(4) of this title who dies while attending field training or a practice cruise under section 2104(b)(6)(B) of this title, or while traveling directly to or from the place where the training or cruise is con- ducted, is considered to have been entitled, on the date of his death, to the pay prescribed by the second sentence of section 209(c) of title 37. (6) A person covered by subsection (a)(5) of section 1475 of this title is considered to have been on active duty, on the date of his death, in the grade that he would have held on final acceptance, or entry on active duty. (7) A person covered by section 1476 of this title is considered to have been entitled, on the date of his death, to pay at the rate to which he was entitled on the last day on which he performed duty or training. (8) A person covered by section 1475 or 1476 of this title who performed active duty, or inac- tive duty training, without pay is considered to have been entitled to basic pay while per- forming that duty or training. (9) A person covered by section 1475 or 1476 of this title who incurred a disability while on active duty or inactive duty training and who became entitled to basic pay while receiving hospital or medical care, including out-patient care, for that disability, is considered to have been on active duty or inactive duty training, as the case may be, for as long as he is entitled to that pay. (b) A person who is discharged, or released from active duty (other than for training), is Page 1403 TITLE 10—ARMED FORCES § 1478 considered to continue on that duty during the period following the date of his discharge or re- lease that, as determined by the Secretary con- cerned, is necessary for that person to go to his home by the most direct route. That period may not end before midnight of the day on which the member is discharged or released. [(c) Repealed. Pub. L. 109–163, div. A, title VI, § 664(a)(2)(B), Jan. 6, 2006, 119 Stat. 3316.] (d)(1) In the case of a person described in para- graph (2), a death gratuity shall be payable, sub- ject to section 664(c) of the National Defense Au- thorization Act for Fiscal Year 2006, for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a). (2) This subsection applies in the case of a per- son who died during the period beginning on Oc- tober 7, 2001, and ending on August 31, 2005, while a member of the armed forces on active duty and whose death did not establish eligi- bility for an additional death gratuity under the prior subsection (e) of this section (as added by section 1013(b) of Public Law 109–13; 119 Stat. 247), because the person was not described in paragraph (2) of that prior subsection. (3) The amount of additional death gratuity payable under this subsection shall be $150,000. (4) A payment pursuant to this subsection shall be paid in the same manner as provided under paragraph (4) of the prior subsection (e) of this section (as added by section 1013(b) of Pub- lic Law 109–13; 119 Stat. 247), for payments pur- suant to paragraph (3)(A) of that prior sub- section. (Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1454; amended Pub. L. 88–647, title III, § 301(2), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 89–718, § 11, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 102–190, div. A, title VI, § 652(a), Dec. 5, 1991, 105 Stat. 1387; Pub. L. 108–121, title I, § 102(a)(1), Nov. 11, 2003, 117 Stat. 1337; Pub. L. 108–136, div. A, title VI, § 646(a), Nov. 24, 2003, 117 Stat. 1520; Pub. L. 108–375, div. A, title VI, § 643(b), Oct. 28, 2004, 118 Stat. 1958; Pub. L. 109–13, div. A, title I, § 1013(a)–(c), May 11, 2005, 119 Stat. 246–248; Pub. L. 109–163, div. A, title VI, § 664(a)(1), (2), (b), Jan. 6, 2006, 119 Stat. 3316; Pub. L. 109–234, title I, § 1210, June 15, 2006, 120 Stat. 430; Pub. L. 112–81, div. A, title VI, § 651(a)(2), Dec. 31, 2011, 125 Stat. 1466.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1478(a) ..... 38:1101(6)(B) (last 32 words of 1st sentence, as applicable to death gratuity). 38:1101(10)(B) (as applica- ble to death gratuity). 38:1101(11)(E) (last 27 words, as applicable to death gratuity). 38:1131(b). 38:1133(d). 38:1134(c). Aug. 1, 1956, ch. 837, §§ 102(6)(B) (last 32 words of 1st sentence, as applicable to death gratuity), (10)(B) (as applicable to death gratuity), (11)(E) (last 27 words, as applicable to death gratuity), (12) (as applicable to death gratuity), 301(b), 303(d), 304(c), 70 Stat. 859–861, 868, 869. 1478(b) ..... 38:1101(12) (as applicable to death gratuity). In subsection (a), the word ‘‘pay’’ is substituted for the words ‘‘basic pay (plus special and incentive pays)’’, since the word ‘‘pay’’, as defined in section 101(27) of this title, includes those types of pay. Clause (1) is in- serted to reflect section 1475(a)(1) of this title. Clauses (2) and (3) are substituted for 38:1101(6)(B) (last 32 words of 1st sentence). Clause 4 is substituted for 38:1101(10)(B). The words ‘‘to the pay prescribed by sec- tion 4385(c) or 9385(c) of this title’’ are inserted to re- flect those sections, which prescribe the training pay of members of reserve officers’ training corps units. Clause (5) is substituted for 38:1101(11)(E) (last 27 words). Clause (6) is substituted for 38:1133(d). In clause (6), the word ‘‘pay’’ is substituted for the words ‘‘basic pay (plus special and incentive pays)’’, since the word ‘‘pay’’, as defined in section 101(27) of this title, in- cludes those kinds of pay. Clauses (7) and (8) are sub- stituted for 38:1134(c). In those clauses, the words ‘‘ac- tive duty for training’’ are omitted as covered by the definition of ‘‘active duty’’ in section 101(22) of this title. In clause (8), the words ‘‘and who became entitled to basic pay’’ are substituted for the words ‘‘and is placed in a pay status’’ and the words ‘‘is entitled to that pay’’ are substituted for the words ‘‘remains in a pay status’’. In subsection (b), the words ‘‘on or after January 1, 1957’’ are omitted as executed. The words ‘‘(other than for training)’’ are inserted, since the words ‘‘active duty’’ in the source statute did not include active duty for training. The words ‘‘is considered to continue on that duty’’ are substituted for the words ‘‘shall be deemed to continue on active duty’’. The last sentence is substituted for 38:1101(12) (last 14 words). Editorial Notes REFERENCES IN TEXT Section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, referred to in subsec. (d)(1), is section 664(c) of title VI of div. A of Pub. L. 109–163, Jan. 6, 2006, 119 Stat. 3317, which is not classified to the Code. AMENDMENTS 2011—Subsec. (a)(4) to (9). Pub. L. 112–81 added par. (4) and redesignated former pars. (4) to (8) as (5) to (9), re- spectively. 2006—Subsec. (a). Pub. L. 109–163, § 664(a)(1), (2)(A), in introductory provisions, substituted ‘‘$100,000’’ for ‘‘$12,000’’ and struck out ‘‘(as adjusted under subsection (c))’’ before period at end of first sentence. Subsec. (c). Pub. L. 109–163, § 664(a)(2)(B), struck out subsec. (c) which read as follows: ‘‘Effective on the date on which rates of basic pay under section 204 of title 37 are increased under section 1009 of that title or any other provision of law, the amount of the death gra- tuity in effect under subsection (a) shall be increased by the same overall average percentage of the increase in the rates of basic pay taking effect on that date.’’ Subsec. (d). Pub. L. 109–163, § 664(b), added subsec. (d). Subsec. (d)(2). Pub. L. 109–234 substituted ‘‘August 31, 2005’’ for ‘‘May 11, 2005’’. 2005—Subsec. (a). Pub. L. 109–13, § 1013(a)(2), (e), tem- porarily substituted ‘‘(as adjusted under subsection (d))’’ for ‘‘(as adjusted under subsection (c))’’ in intro- ductory provisions. See Effective and Termination Dates of 2005 Amendments notes below. Pub. L. 109–13, § 1013(a)(1)(A), (e), temporarily inserted ‘‘, except as provided in subsections (c), (e), and (f)’’ after ‘‘$12,000’’ in introductory provisions. See Effective and Termination Dates of 2005 Amendments notes below. Subsec. (c). Pub. L. 109–13, § 1013(a)(1)(C), (e), tempo- rarily added subsec. (c) which read as follows: ‘‘The death gratuity payable under sections 1475 through 1477 of this title is $100,000 in the case of a death resulting from wounds, injuries, or illnesses that are— ‘‘(1) incurred as described in section 1413a(e)(2) of this title; or ‘‘(2) incurred in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense under section 1967(e)(1)(A) of title 38.’’ Former subsec. (c) temporarily redesignated (d). See Effective and Termination Dates of 2005 Amendments notes below. Page 1404 TITLE 10—ARMED FORCES § 1478 Subsec. (d). Pub. L. 109–13, § 1013(a)(1)(B), (e), tempo- rarily redesignated subsec. (c) as (d). See Effective and Termination Dates of 2005 Amendments notes below. Subsec. (e). Pub. L. 109–13, § 1013(b), (e), temporarily added subsec. (e) which read as follows: ‘‘(e)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable in accordance with this subsection for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a). ‘‘(2) This subsection applies in the case of a member of the armed forces who dies before the date of the en- actment of this subsection as a direct result of one or more wounds, injuries, or illnesses that— ‘‘(A) were incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Free- dom; or ‘‘(B) were incurred as described in section 1413a(e)(2) of this title on or after October 7, 2001. ‘‘(3) The amount of additional death gratuity payable under this subsection shall be $238,000, of which— ‘‘(A) $150,000 shall be paid in the manner specified in paragraph (4); and ‘‘(B) $88,000 shall be paid in the manner specified in paragraph (5). ‘‘(4) A payment pursuant to paragraph (3)(A) by rea- son of a death covered by this subsection shall be paid— ‘‘(A) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the pay- ment of life insurance proceeds paid on the basis of that death under the Servicemembers Group Life In- surance program under subchapter III of chapter 19 of title 38; or ‘‘(B) in the case of a person who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who would have received proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries. ‘‘(5) A payment pursuant to paragraph (3)(B) by rea- son of a death covered by this subsection shall be paid equal shares to the beneficiaries who were paid the death gratuity that was paid with respect to that death under this section.’’ See Effective and Termination Dates of 2005 Amendments notes below. Subsec. (f). Pub. L. 109–13, § 1013(c), (e), temporarily added subsec. (f) which read as follows: ‘‘(f)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable in accordance with this subsection for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (e). ‘‘(2) This subsection applies in the case of a member of the armed forces who dies during the period begin- ning on the date of the enactment of this subsection and ending on the first day of the first month that be- gins more than 90 days after such date of one or more wounds, injuries, or illnesses that— ‘‘(A) are incurred in the theater of operations of Op- eration Enduring Freedom or Operation Iraqi Free- dom; or ‘‘(B) are incurred as described in section 1413a(e)(2) of this title. ‘‘(3) The amount of additional death gratuity payable under this subsection shall be $150,000. ‘‘(4) A payment pursuant to paragraph (3) by reason of a death covered by this subsection shall be paid— ‘‘(A) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the pay- ment of life insurance proceeds payable on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or ‘‘(B) in the case of a person who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who receive pro- ceeds under those provisions of law for a member who is insured under that subchapter but does not des- ignate named beneficiaries.’’ See Effective and Termination Dates of 2005 Amend- ments notes below. 2004—Subsec. (a). Pub. L. 108–375, § 643(b)(1), inserted ‘‘(as adjusted under subsection (c))’’ before period in in- troductory provisions. Subsec. (c). Pub. L. 108–375, § 643(b)(2), added subsec. (c). 2003—Subsec. (a). Pub. L. 108–121 and Pub. L. 108–136 amended subsec. (a) identically, substituting ‘‘$12,000’’ for ‘‘$6,000’’ in introductory provisions. 1991—Subsec. (a). Pub. L. 102–190, in first sentence, substituted ‘‘1475 through 1477’’ for ‘‘1475–1477’’ and ‘‘$6,000’’ for ‘‘equal to six months’ pay at the rate to which the decedent was entitled on the date of his death, except that the gratuity may not be less than $800 of more than $3,000.’’ 1966—Subsec. (a)(4). Pub. L. 89–718 struck out ‘‘, United States Code’’ after ‘‘title 37’’ in two places. 1964—Subsec. (a)(4). Pub. L. 88–647 substituted ‘‘the first sentence of section 209(c) of title 37, United States Code’’ for ‘‘section 4385(c) or 9385(c) of this title’’, and provided that a person covered by section 1475(a)(4) of this title who dies in field training or on a practice cruise, or in travel to or from such training or cruise, is considered entitled on the day of his death to the pay prescribed by the second sentence of section 209(c) of Title 37. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–81 effective on Dec. 31, 2011, and applicable with respect to deaths that occur on or after that date, see section 651(c) of Pub. L. 112–81, set out as a note under section 1475 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–234, title I, § 1210, June 15, 2006, 120 Stat. 430, provided that the amendment made by section 1210 is effective as of Jan. 6, 2006, and as if included in the enactment of Pub. L. 109–163. Pub. L. 109–163, div. A, title VI, § 664(a)(3), Jan. 6, 2006, 119 Stat. 3316, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as of October 7, 2001, and shall apply to deaths occur- ring on or after the date of the enactment of this Act [Jan. 6, 2006] and, subject to subsection (c) [119 Stat. 3317], to deaths occurring during the period beginning on October 7, 2001, and ending on the day before the date of the enactment of this Act.’’ EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENTS Pub. L. 109–77, § 115, Sept. 30, 2005, 119 Stat. 2040, pro- vided that: ‘‘The provisions of, and amendments made by, sections 1011, 1012, 1013, 1023, and 1026 of Public Law 109–13 [amending this section, section 411h of Title 37, Pay and Allowances of the Uniformed Services, and sec- tions 1967, 1969, 1970, and 1977 of Title 38, Veterans’ Ben- efits, and enacting provisions set out as notes under this section, section 411h of Title 37, and section 1967 of Title 38] shall continue in effect, notwithstanding the fiscal year limitation in section 1011 [119 Stat. 244] and the provisions of sections 1012(i), 1013(e), 1023(c), and 1026(e) of that Public Law [enacting provisions set out as notes under this section, section 411h of Title 37, and section 1967 of Title 38], through the earlier of: (1) the date specified in section 106(3) of this joint resolution [Dec. 31, 2005]; or (2) with respect to any such section of Public Law 109–13, the date of the enactment into law of legislation that supersedes the provisions of, or the amendments made by, that section.’’ Pub. L. 109–13, div. A, title I, § 1013(d), (e), May 11, 2005, 119 Stat. 248, provided that: ‘‘(d) EFFECTIVE DATE.—This section [amending this section] and the amendments made by this section shall take effect on the date of the enactment of this Act [May 11, 2005]. ‘‘(e) TERMINATION.— 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 period beginning on August 2, 1990, and ending on the date of the enactment of this Act [Dec. 5, 1991], the amount of the death gratuity under section 1478(a) of such title (as amended by subsection (a)) shall be re- duced by the amount of any such gratuity paid with re- spect to such person under this section (as in effect on August 1, 1990).’’ TEMPORARY INCREASE IN AMOUNT OF DEATH GRATUITY; PERSIAN GULF CONFLICT Pub. L. 102–25, title III, § 307, Apr. 6, 1991, 105 Stat. 82, provided that: ‘‘In lieu of the amount of the death gra- tuity specified in section 1478(a) of title 10, United States Code, the amount of the death gratuity payable under that section shall be $6,000 for a death resulting from any injury or illness incurred during the Persian Gulf conflict or during the 180-day period beginning at the end of the Persian Gulf conflict.’’ DEATH GRATUITY FOR CERTAIN PARTICIPANTS WHO DIED BETWEEN AUGUST 1, 1990, AND APRIL 6, 1991 Pub. L. 102–25, title III, § 308, Apr. 6, 1991, 105 Stat. 83, required Secretary of Defense to pay death gratuity to each SGLI beneficiary of each deceased member of uni- formed services who died after Aug. 1, 1990, and before Apr. 6, 1991, and whose death was in conjunction with or in support of Operation Desert Storm, or attrib- utable to hostile action in regions other than Persian Gulf, as prescribed in regulations set forth by Sec- retary of Defense. § 1479. Death gratuity: delegation of determina- tions, payments For the purpose of making immediate pay- ments under section 1475 of this title, the Sec- retary concerned shall— (1) authorize the commanding officer of a territorial command, installation, or district in which a survivor of a person covered by that section is residing to determine the bene- ficiary eligible for the death gratuity; and (2) authorize a disbursing or certifying offi- cial of each of those commands, installations, or districts to make the payments to the bene- ficiary, or certify the payments due them, as the case may be. (Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 97–258, § 2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1479 ......... 38:1132. Aug. 1, 1956, ch. 837, § 302, 70 Stat. 868. The word ‘‘territorial’’ is substituted for the words ‘‘military or naval’’, since the subsection could only apply to that type of command, installation, or dis- trict. Clause (2) is substituted for 38:1132(2). Editorial Notes AMENDMENTS 1982—Par. (2). Pub. L. 97–258 substituted ‘‘official’’ for ‘‘officer’’. § 1480. Death gratuity: miscellaneous provisions (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 con- flict. (b) A payment may not be made under section 1476 unless the Secretary of Veterans Affairs de- termines that the decedent was discharged or re- leased, 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, 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 pur- poses of section 1476 of this title, the Secretary of Veterans Affairs shall make those determina- tions. In making those determinations, the Sec- retary 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 ar- rive 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 per- formed; 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 avail- able 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 Sec- retary of Defense not later than the later of—