republic-os/legal/us/code/title-10/chapter-75/section-1480.md

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LegalText	10 U.S.C. § 1480	Death gratuity: miscellaneous provisions	us	united_states_code	code_section	10	ARMED FORCES	75	DECEASED PERSONNEL	1480	10 U.S.C. § 1480	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/s1480	data/legal/raw/us/code/title-10/usc10.xml	5582dbdc5badc89cd6e6f18a424457774daca70c0919b9e977b0f1a518fe8b1d	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	19da113e51793186b8707c28358ec9ea80f99b52c45324f11ffc551b76c789f7	2026-07-04	official	legal us-code

10 U.S.C. § 1480 - Death gratuity: miscellaneous provisions

Text

(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.

(e) 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—

(1) the date that is three years after the individual reaches 21 years of age; or

(2) the date that is six years after the date of the death with respect to which the claim is made.

(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (5), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 118–159, div. A, title VI, § 632(a), Dec. 23, 2024, 138 Stat. 1937.)

Notes

Historical and Revision Notes Revised sectionSource (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

Amendments2024—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 AmendmentPub. 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.”