Title 10 — Armed Forces
Part II · Chapter 75 — Deceased Personnel
§ 1480. Death gratuity: miscellaneous provisions
Statutory text
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.
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.
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—
the hour on which the Reserve began to travel directly to or from the duty or training;
the hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;
the method of travel used;
the itinerary;
the manner in which the travel was performed; and
the immediate cause of death.
In cases covered by this subsection, the burden of proof is on the claimant.
Payments under sections 1475–1477 of this title shall be made from appropriations available for the payment of members of the armed force concerned.
In the case of a claim for a death gratuity under this chapter by an individual who is younger than 21 years of age on the date of the death with respect to which the claim is made, the individual shall file the claim with the Secretary of Defense not later than the later of—
the date that is three years after the individual reaches 21 years of age; or
the date that is six years after the date of the death with respect to which the claim is made.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–861 § 1(32)(A) · 72 Stat. 1437
Enacted · 10 U.S.C. § 1480
Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455
Source evidence
Code source credit
Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 1621(a)(2) · 103 Stat. 1352
Substituted · 10 U.S.C. § 1480(b)
Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.Enacted provision · exact public law section
(2) The following sections are amended by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”: sections 1074(b), 1216(c), 1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a), 1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 1621(a)(2) · 103 Stat. 1352
Substituted · 10 U.S.C. § 1480(c)
Pub. L. 101–189, § 1621(a)(2), (5), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”
Substituted · 10 U.S.C. § 1480(c)
Pub. L. 101–189, § 1621(a)(2), (5), substituted “the Secretary concerned or the Secretary of Veterans Affairs” for “the Secretary or the Administrator”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–189, § 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”.Enacted provision · exact public law section
(2) The following sections are amended by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”: sections 1074(b), 1216(c), 1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a), 1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).Pub. L. 118–159 div. A title VI § 632(a) · 138 Stat. 1937
Added · 10 U.S.C. § 1480(e)
Pub. L. 118–159 added subsec. (e)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 118–159 added subsec. (e).Effective date note
Pub. L. 118–159, div. A, title VI, § 632(b), Dec. 23, 2024, 138 Stat. 1937, provided that: “The amendment made by subsection (a) [amending this section] applies to claims filed with respect to deaths occurring on or after on [sic] January 1, 2025.”
4 of 5 references resolved to an enrolled provision · 1 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1480(a)1480(b)1480(c) 1480(d) | 38:1134(a).38:1133(e).38:1101(6)(B) (less 1st sentence, as applicable to death gratuity).38:1134(b). | Aug. 1, 1956, ch. 837, §§ 102(6)(B) (less 1st sentence, as applicable to death gratuity) 303(e), 304(a), (b), 70 Stat. 859, 869. |
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”.
Editorial Notes
Amendments1989–2024 · 2 rounds
2024
Subsec. (e). Pub. L. 118–159 added subsec. (e).
1989
Subsec. (b). Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
Subsec. (c). Pub. L. 101–189, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–159, div. A, title VI, § 632(b), , 138 Stat. 1937, provided that: “The amendment made by subsection (a) [amending this section] applies to claims filed with respect to deaths occurring on or after on [sic] .”
Credits
1958–2024 · 3 acts
- 1958Added Pub. L. 85–861, § 1(32)(A), , 72 Stat. 1455
- 1989amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (5), , 103 Stat. 1603
- 2024Pub. L. 118–159, div. A, title VI, § 632(a), , 138 Stat. 1937.
Show as published
(Added Pub. L. 85–861, § 1(32)(A), , 72 Stat. 1455; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (5), , 103 Stat. 1603; Pub. L. 118–159, div. A, title VI, § 632(a), , 138 Stat. 1937.)