§ 1475. Death gratuity: death of members on active duty or inactive duty training and of certain other persons

3,318 words·~15 min read·/usc/title-10/section-1475

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 or while staying at the Reserve’s residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training;

(4)any member of a reserve officers’ training corps who dies while performing annual training duty under orders, 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 a graduate of a reserve officers’ training corps who has received a commission but has yet to receive a first duty assignment; 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. 3801 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, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 88–647, title III, § 301(1), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 96–513, title V, § 511(59), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 99–661, div. A, title VI, § 604(e)(1), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 112–81, div. A, title VI, § 651(a)(1), Dec. 31, 2011, 125 Stat. 1466; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(vi), Dec. 23, 2016, 130 Stat. 2418; Pub. L. 116–92, div. A, title VI, § 623(a), Dec. 20, 2019, 133 Stat. 1428; Pub. L. 116–283, div. A, title X, § 1081(a)(27), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 118–159, div. A, title VI, § 631(a), Dec. 23, 2024, 138 Stat. 1936.)

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.

Connections83 cite this · traces to 19

Cited by 83 sections · top 58

public-private-law