---
kind: "range"
citation: "10 U.S.C. §§ 1475–1477"
title: "10"
from: "1475"
to: "1477"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/10/1475..1477"
---

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

- (a) Except as provided in [section 1480 of this title](/usc/10/1480.md), the [Secretary concerned](/usc/10/101.md?p=a-9) shall have a death gratuity paid to or for the survivor prescribed by [section 1477 of this title](/usc/10/1477.md), immediately upon receiving official notification of the death of—
  - (1) a [member](/usc/10/1408.md?p=a-5) of an armed force under his jurisdiction who dies while on [active duty](/usc/10/101.md?p=d-1) or while performing authorized travel to or from [active duty](/usc/10/101.md?p=d-1);
  - (2) a [Reserve](/usc/10/101.md?p=c-6) 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](/usc/10/101.md?p=c-6) of an armed force who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform [active duty](/usc/10/101.md?p=d-1) 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](/usc/10/101.md?p=d-1) for training or inactive duty training or while staying at the [Reserve](/usc/10/101.md?p=c-6)’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](/usc/10/1408.md?p=a-5) of a [reserve](/usc/10/101.md?p=c-6) [officers](/usc/10/101.md?p=b-1)’ 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](/usc/10/101.md?p=c-6) [officers](/usc/10/101.md?p=b-1)’ training corps who dies while attending field training or a practice cruise under [section 2104(b)(6)(B) of this title](/usc/10/2104.md?p=b-6-B) or while performing authorized travel to or from the place where the training or cruise is conducted; or a graduate of a [reserve](/usc/10/101.md?p=c-6) [officers](/usc/10/101.md?p=b-1)’ 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](/usc/10/101.md?p=d-1) (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](/usc/50/3801.md) et seq.), for service in that armed force.
- (b) This section does not apply to the survivors of persons who were temporary [members](/usc/10/1408.md?p=a-5) of the Coast Guard [Reserve](/usc/10/101.md?p=c-6) at the time of their death.

# §1476. Death gratuity: death after discharge or release from duty or training

- (a)
  - (1) Except as provided in [section 1480 of this title](/usc/10/1480.md), the [Secretary concerned](/usc/10/101.md?p=a-9) shall [pay](/usc/10/101.md?p=a-15) a death gratuity to or for the survivors prescribed in [section 1477 of this title](/usc/10/1477.md) of each person who dies within 120 days after discharge or release from—
    - (A) [active duty](/usc/10/101.md?p=d-1); or
    - (B) [inactive-duty training](/usc/10/101.md?p=d-7) (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)](#a-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](/usc/10/101.md?p=d-1) or [inactive-duty training](/usc/10/101.md?p=d-7) described in [paragraph (1)](#a-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](/usc/10/1408.md?p=a-5) of the Coast Guard [Reserve](/usc/10/101.md?p=c-6) at the time of their death.

# §1477. Death gratuity: eligible survivors

- (a) **Designation of Recipients.—**
  - (1) On and after July 1, 2008, or such earlier date as the Secretary of Defense may prescribe, a person covered by section [1475](/usc/10/1475.md) or [1476](/usc/10/1476.md) of this title may designate one or more persons to receive all or a portion of the amount payable under [section 1478 of this title](/usc/10/1478.md). The designation of a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity, if any, shall be paid in accordance with [subsection (b)](#b).
  - (2) If a person covered by section [1475](/usc/10/1475.md) or [1476](/usc/10/1476.md) of this title has a [spouse](/usc/10/101.md?p=g-5), but designates a person other than the [spouse](/usc/10/101.md?p=g-5) to receive all or a portion of the amount payable under [section 1478 of this title](/usc/10/1478.md), the [Secretary concerned](/usc/10/101.md?p=a-9) shall provide notice of the designation to the [spouse](/usc/10/101.md?p=g-5).
- (b) **Distribution of Remainder; Distribution in Absence of Designated Recipient.—** If a person covered by section [1475](/usc/10/1475.md) or [1476](/usc/10/1476.md) of this title does not make a designation under [subsection (a)](#a) or designates only a portion of the amount payable under [section 1478 of this title](/usc/10/1478.md), the amount of the death gratuity not covered by a designation shall be paid as follows:
  - (1) To the surviving [spouse](/usc/10/101.md?p=g-5) of the person, if any.
  - (2) If there is no surviving [spouse](/usc/10/101.md?p=g-5), to any surviving children (as prescribed by [subsection (d)](#d)) of the person and the descendants of any deceased children by representation.
  - (3) If there is none of the above, to the surviving [parents](/usc/10/1482a.md?p=c-3) (as prescribed by [subsection (c)](#c)) of the person or the survivor of them.
  - (4) If there is none of the above, to the duly-appointed executor or administrator of the estate of the person.
  - (5) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person’s death.
- (c) **Treatment of Parents.—** For purposes of [subsection (b)(3)](#b-3), [parents](/usc/10/1482a.md?p=c-3) include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section [1475](/usc/10/1475.md) or [1476](/usc/10/1476.md) of this title.
- (d) **Treatment of Children.—** [Subsection (b)(2)](#b-2) applies, without regard to age or marital status, to—
  - (1) legitimate children;
  - (2) adopted children;
  - (3) stepchildren who were a part of the decedent’s household at the time of his death;
  - (4) illegitimate children of a female decedent; and
  - (5) illegitimate children of a male decedent—
    - (A) who have been acknowledged in writing signed by the decedent;
    - (B) who have been judicially determined, before the decedent’s death, to be his children;
    - (C) who have been otherwise proved, by evidence satisfactory to the Secretary of Veterans Affairs, to be children of the decedent; or
    - (D) to whose support the decedent had been judicially ordered to contribute.
- (e) **Effect of Death Before Receipt of Gratuity.—** If a person entitled to all or a portion of a death gratuity under subsection [(a)](#a) or [(b)](#b) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by [subsection (b)](#b).