
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1476]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 1476. Death gratuity: death after discharge or release from 
        duty or training
        
    (a)(1) Except as provided in section 1480 of this title, the 
Secretary concerned shall pay a death gratuity to or for the survivors 
prescribed in section 1477 of this title 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.

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; 
amended Pub. L. 99-661, div. A, title VI, Sec. 604(e)(2), Nov. 14, 1986, 
100 Stat. 3877; Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(1), 
(2), Nov. 29, 1989, 103 Stat. 1602, 1603.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1476(a)...............................  38:1133(a).                          Au
g. 1, 1956, ch. 837, Secs.
1476(b)...............................  38:1101(4)(D) (as applicable to       1
02(2) (last sentence, as
                                         38:1133(a)).                         a
pplicable to death gratuity under
                                        38:1101(5)(D) (as applicable to       S
ec.  303(a)), 102(4)(D) (as
                                         38:1133(a)).                         a
pplicable to Sec.  303(a)),
                                        38:1101(6)(B)(ii) (as applicable to   1
02(5)(D) (as applicable to Sec.
                                         38:1133(a)).                         3
03(a)), 102(6)(A) (clause (3) of
1476(c)...............................  38:1133(c).                           2
d sentence, as applicable to
1476(d)...............................  38:1101(2) (last sentence, as         d
eath gratuity under Sec.
                                         applicable to death gratuity under   3
03(a)), 102(6)(B)(ii) (as
                                         38:1133(a)).                         a
pplicable to Sec.  303(a)),
                                        38:1101(6)(A) (clause (3) of 2d       3
03(a), (c), 70 Stat. 858, 859,
                                         sentence, as applicable to death     8
68, 869.
                                         gratuity under 38:1133(a)).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Except as provided in section 1480 of 
this title'' are inserted to reflect 38:1134(a). The words ``to the 
survivor prescribed by section 1477 of this title'' are inserted for 
clarity. The words ``on or after January 1, 1957'' are omitted as 
executed. The words in parentheses in clause (2) are inserted to reflect 
38:1101(6)(A) (2d sentence). The words ``active duty for training'' are 
omitted as covered by the definition of ``active duty'' in section 
101(22) of this title.
    In subsection (c), the word ``criteria'' is omitted as covered by 
the word ``standards''.


                               Amendments

    1989--Subsec. (a)(2). Pub. L. 101-189, Sec. 1621(a)(2), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs''.
    Subsec. (b). Pub. L. 101-189, Sec. 1621(a)(1), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    1986--Pub. L. 99-661 added subsec. (a), redesignated subsecs. (c) 
and (d) as (b) and (c), respectively, and struck out former subsecs. (a) 
and (b) which read as follows:
    ``(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 of each person who 
dies within 120 days after his discharge or release from--
        ``(1) active duty; or
        ``(2) 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);
if the Administrator of Veterans' Affairs determines that the death 
resulted from (A) disease or injury incurred or aggravated while 
performing duty under clause (1) or the travel described in subsection 
(b), or (B) injury incurred or aggravated while performing training 
under clause (2) or the travel described in subsection (b)(2).
    ``(b) The travel covered by subsection (a) is--
        ``(1) authorized travel to or from the duty described in 
    subsection (a)(1); or
        ``(2) travel directly to or from the duty or training described 
    in subsection (a)(1) or (2) that is performed by a Reserve who, when 
    authorized or required by an authority designated by the Secretary, 
    assumed an obligation to perform that duty or training and whose 
    injury was incurred or aggravated after December 31, 1956.''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1476, 1478, 1480 of this 
title; title 38 section 1323.
