
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(14)]
[CITE: 10USC1475]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 1475. Death gratuity: death of members on active duty or 
        inactive duty training and of certain other persons
        
    (a) Except as provided in section 1480 of this title, the Secretary 
concerned shall have a death gratuity paid to or for the survivor 
prescribed by section 1477 of this title, 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;
        (4) any member of a reserve officers' training corps who dies 
    while performing annual training duty under orders for a period of 
    more than 13 days, or while performing authorized travel to or from 
    that annual training duty; or any applicant for membership in a 
    reserve officers' training corps who dies while attending field 
    training or a practice cruise under section 2104(b)(6)(B) of this 
    title or while performing authorized travel to or from the place 
    where the training or cruise is conducted; or
        (5) a person who dies while traveling to or from or while at a 
    place for final acceptance, or for entry upon active duty (other 
    than for training), in an armed force, who has been ordered or 
    directed to go to that place, and who--
            (A) has been provisionally accepted for that duty; or
            (B) has been selected, under the Military Selective Service 
        Act (50 U.S.C. App. 451 et seq.), for service in that armed 
        force.

    (b) 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.

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; 
amended Pub. L. 88-647, title III, Sec. 301(1), Oct. 13, 1964, 78 Stat. 
1071; Pub. L. 96-513, title V, Sec. 511(59), Dec. 12, 1980, 94 Stat. 
2925; Pub. L. 99-661, div. A, title VI, Sec. 604(e)(1), Nov. 14, 1986, 
100 Stat. 3877.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1475(a)...............................  38:1101(2) (less last sentence, as   Au
g. 1, 1956, ch. 837, Secs.
                                         applicable to death gratuity).       1
02(2) (less last sentence, as
                                        38:1101(4) (as applicable to death    a
pplicable to death gratuity),
                                         gratuity, less (D) (as applicable    1
02(2) (last sentence, as
                                         to 38:1133(a))).                     a
pplicable to death gratuity), (4)
                                        38:1101(5) (as applicable to death    (
as applicable to death gratuity,
                                         gratuity, less (D) (as applicable    l
ess (D) (as applicable to Sec.
                                         to 38:1133(a))).                     3
03(a))), (5) (as applicable to
                                        38:1101(6)(A) (less clause (3) of     d
eath gratuity, less (D) (as
                                         2d sentence, as applicable to        a
pplicable to Sec.  303(a))),
                                         death gratuity).                     (
6)(A) (as applicable to death
                                        38:1001(6)(B) (1st sentence, less     g
ratuity), (B) (1st sentence, less
                                         last 32 words, as applicable to      l
ast 32 words, as applicable to
                                         death gratuity, and less (ii)) (as   d
eath gratuity, and less (ii) (as
                                         applicable to 38: 1133 (a))).        a
pplicable to Sec.  303(a))),
                                        38:1101(11)(E) (less last 27 words,   (
11)(E) (less last 27 words, as
                                         as applicable to death gratuity).    a
pplicable to death gratuity),
                                        38:1131(a).                           3
01(a), 70 Stat. 858-861, 868.
1475(b)...............................  38:1101(2) (last sentence, as
                                         applicable to death gratuity under
                                         38: 1131(a)).
                                        38:1101(6)(A) (clause (3) of 2d
                                         sentence, as applicable to death
                                         gratuity under 38:1131 (a)).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``receiving'' is inserted for clarity. 
Clause (1) is substituted for 38:1101(2) (1st sentence, and clauses (A)-
(C) of 2d sentence); 38:1101(4)(A), (C), and (D); and 38:1101(5)(A), 
(C), and (D). Clause (2) is based on the words ``inactive duty 
training'', in 38:1131(a). Clause (3) (less words in parentheses) is 
substituted for 38:1101(6)(B) (1st sentence, less last 32 words). 
38:1101(6)(A) (1st sentence) is omitted as covered by section 101(31) of 
this title. The words in parentheses in clause (3) are substituted for 
38:1101(6)(A) (2d sentence, less clause (3)). Clause (4) is substituted 
for 38:1101(2) (clause (D) of 2d sentence) and (5)(C). Clause (5) is 
substituted for 38:1101(2)(E), (11)(E) (less last 27 words). The words 
``active duty for training'', in 38:1131(a), are omitted as covered by 
the definition of ``active duty'' in section 101(22) of this title.

                       References in Text

    The Military Selective Service Act, referred to in subsec. 
(a)(5)(B), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, 
which is classified principally to section 451 et seq. of Title 50, 
Appendix, War and National Defense. For complete classification of this 
Act to the Code, see References in Text note set out under section 451 
of Title 50, Appendix, and Tables.


                               Amendments

    1986--Subsec. (a)(3). Pub. L. 99-661 struck out ``from an injury 
incurred by him after December 31, 1956,'' before ``while traveling 
directly to or from''.
    1980--Subsec. (a)(5)(B). Pub. L. 96-513 substituted ``Military 
Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ``Universal 
Military Training and Service Act (50 App. U.S.C. 451 et seq.)''.
    1964--Subsec. (a)(4). Pub. L. 88-647 inserted provisions covering 
applicants for membership in a reserve officers' training corps while 
attending, or in travel to or from field training or a practice cruise.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-661 applicable with respect to persons who, 
after Nov. 14, 1986, incur or aggravate an injury, illness, or disease 
or die, see section 604(g) of Pub. L. 99-661, set out as a note under 
section 1074a of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                          Public Health Service

    Authority vested by this chapter in ``military departments'', ``the 
Secretary concerned'', or ``the Secretary of Defense'' to be exercised, 
with respect to commissioned officers of Public Health Service, by 
Secretary of Health and Human Services or his designee, see section 213a 
of Title 42, The Public Health and Welfare.


             National Oceanic and Atmospheric Administration

    Authority vested by this chapter in ``military departments'', ``the 
Secretary concerned'', or ``the Secretary of Defense'' to be exercised, 
with respect to commissioned officer corps of National Oceanic and 
Atmospheric Administration, by Secretary of Commerce or his designee, 
see section 857a of Title 33, Navigation and Navigable Waters.

                  Section Referred to in Other Sections

    This section is referred to in sections 1478, 1479, 1480 of this 
title.
