
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: 10USC1480]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 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 
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, 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, 
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.

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; 
amended Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(2), (5), Nov. 
29, 1989, 103 Stat. 1603.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1480(a)...............................  38:1134(a).                          Au
g. 1, 1956, ch. 837, Secs.
1480(b)...............................  38:1133(e).                           1
02(6)(B) (less 1st sentence, as
1480(c)...............................  38:1101(6)(B) (less 1st sentence,     a
pplicable to death gratuity)
                                         as applicable to death gratuity).    3
03(e), 304(a), (b), 70 Stat. 859,
                                        38:1134(b).                           8
69.
1480(d)...............................
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---------------------------------

    In subsection (a), the words ``was put to death'' are substituted 
for the words ``suffered death''. The words ``or naval'' are omitted as 
covered by the word ``military''.
    In subsection (b), the words ``last period * * * that he performed'' 
are substituted for the words ``such period''.


                               Amendments

    1989--Subsec. (b). Pub. L. 101-189, Sec. 1621(a)(2), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs''.
    Subsec. (c). Pub. L. 101-189, Sec. 1621(a)(2), (5), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs'' after ``section 1476 of this title, the'' and ``the Secretary 
concerned or the Secretary of Veterans Affairs'' for ``the Secretary or 
the Administrator''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1475, 1476 of this title.
