
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1478]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 1478. Death gratuity: amount

    (a) The death gratuity payable under sections 1475 through 1477 of 
this title shall be $6,000. For this purpose:
        (1) A person covered by subsection (a)(1) of section 1475 of 
    this title who died while traveling 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 traveling directly to or from active duty 
    for training 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 traveling directly to or from inactive 
    duty training is considered to have been on inactive duty training 
    on the date of his death.
        (4) A person covered by subsection (a)(4) of section 1475 of 
    this title who died while performing annual training duty or while 
    traveling directly to or from that duty is considered to have been 
    entitled, on the date of his death, to the pay prescribed by the 
    first sentence of section 209(c) of title 37. A person covered 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 conducted, 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.
        (5) 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.
        (6) 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.
        (7) A person covered by section 1475 or 1476 of this title who 
    performed active duty, or inactive duty training, without pay is 
    considered to have been entitled to basic pay while performing that 
    duty or training.
        (8) 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 considered to continue on that duty during the 
period following the date of his discharge or release that, as 
determined by the Secretary concerned, 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.

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1454; 
amended Pub. L. 88-647, title III, Sec. 301(2), Oct. 13, 1964, 78 Stat. 
1071; Pub. L. 89-718, Sec. 11, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 102-
190, div. A, title VI, Sec. 652(a), Dec. 5, 1991, 105 Stat. 1387.)

                                          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  Au
g. 1, 1956, ch. 837, Secs.
                                         sentence, as applicable to death     1
02(6)(B) (last 32 words of 1st
                                         gratuity).                           s
entence, as applicable to death
                                        38:1101(10)(B) (as applicable to      g
ratuity), (10)(B) (as applicable
                                         death gratuity).                     t
o death gratuity), (11)(E) (last
                                        38:1101(11)(E) (last 27 words, as     2
7 words, as applicable to death
                                         applicable to death gratuity).       g
ratuity), (12) (as applicable to
                                        38:1131(b).                           d
eath gratuity), 301(b), 303(d),
                                        38:1133(d).                           3
04(c), 70 Stat. 859--861, 868,
                                        38:1134(c).                           8
69.
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 inserted 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 section 4385(c) or 9385(c) of this title'' 
are inserted to reflect 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, includes those kinds of pay. Clauses (7) and (8) are substituted 
for 38:1134(c). In those clauses, the words ``active 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).


                               Amendments

    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.


         Effective Date of 1991 Amendment; Transition Provision

    Section 652(b) of Pub. L. 102-190 provided that:
    ``(1) The amendments made by subsection (a) [amending 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 reduced by the amount of any such 
gratuity paid with respect 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, Sec. 307, Apr. 6, 1991, 105 Stat. 82, 
provided that: ``In lieu of the amount of the death gratuity 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, Sec. 308, Apr. 6, 1991, 105 Stat. 83, 
required Secretary of Defense to pay death gratuity to each SGLI 
beneficiary of each deceased member of uniformed 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 
attributable to hostile action in regions other than Persian Gulf, as 
prescribed in regulations set forth by Secretary of Defense.
