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LegalText 10 U.S.C. § 1476 Death gratuity: death after discharge or release from duty or training us united_states_code code_section 10 ARMED FORCES 75 DECEASED PERSONNEL 1476 10 U.S.C. § 1476 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s1476 data/legal/raw/us/code/title-10/usc10.xml 5a83cc720047973f84000b0bb555017f0244e373fd5db1d5c5983c4494f3a625 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 98c8c8ca38f517267aa93840d28b26d6c5f29a27dad1d1e7bf21c753010a9cd6 2026-07-04 official
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10 U.S.C. § 1476 - Death gratuity: death after discharge or release from duty or training

Text

(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. 85861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 99661, div. A, title VI, § 604(e)(2), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 101189, div. A, title XVI, § 1621(a)(1), (2), Nov. 29, 1989, 103 Stat. 1602, 1603.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1476(a)1476(b)1476(c)1476(d)38:1133(a).38:1101(4)(D) (as applicable to 38:1133(a)).38:1101(5)(D) (as applicable to 38:1133(a)).38:1101(6)(B)(ii) (as applicable to 38:1133(a)).38:1133(c).38:1101(2) (last sentence, as applicable to death gratuity under 38:1133(a)).38:1101(6)(A) (clause (3) of 2d sentence, as applicable to death gratuity under 38:1133(a)).Aug. 1, 1956, ch. 837, §§ 102(2) (last sentence, as applicable to death gratuity under § 303(a)), 102(4)(D) (as applicable to § 303(a)), 102(5)(D) (as applicable to § 303(a)), 102(6)(A) (clause (3) of 2d sentence, as applicable to death gratuity under § 303(a)), 102(6)(B)(ii) (as applicable to § 303(a)), 303(a), (c), 70 Stat. 858, 859, 868, 869. 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”.

Editorial Notes

Amendments1989—Subsec. (a)(2). Pub. L. 101189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs”. Subsec. (b). Pub. L. 101189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans Administration”. 1986—Pub. L. 99661 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1986 AmendmentAmendment by Pub. L. 99661 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. 99661, set out as a note under section 1074a of this title.

Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.