US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1478

Death gratuity: amount

(a)
The death gratuity payable under sections 1475 through 1477 of this title shall be $100,000. For this purpose:
(1)
section 1475 of this title A person covered by subsection (a)(1) of who died while traveling to or from active duty (other than for training) is considered to have been on active duty on the date of his death.
(2)
section 1475 of this title A person covered by subsection (a)(3) of who died while traveling directly to or from active duty for training is considered to have been on active duty for training on the date of his death.
(3)
section 1475 of this title A person covered by subsection (a)(3) of who died while traveling directly to or from inactive duty training is considered to have been on inactive duty training on the date of his death.
(4)
section 1475 of this title A person covered by subsection (a)(3) of who died while on authorized stay at the person’s residence during a period of inactive duty training or between successive days of inactive duty training is considered to have been on inactive duty training on the date of his death.
(5)
section 1475 of this titlesection 209(c) of title 37section 1475(a)(4) of this titlesection 2104(b)(6)(B) of this titlesection 209(c) of title 37 A person covered by subsection (a)(4) of who died while performing annual training duty or while traveling directly to or from that duty is considered to have been entitled, on the date of his death, to the pay prescribed by the first sentence of . A person covered by who dies while attending field training or a practice cruise under , or while traveling directly to or from the place where the training or cruise is conducted, is considered to have been entitled, on the date of his death, to the pay prescribed by the second sentence of .
(6)
section 1475 of this title A person covered by subsection (a)(5) of is considered to have been on active duty, on the date of his death, in the grade that he would have held on final acceptance, or entry on active duty.
(7)
section 1476 of this title A person covered by is considered to have been entitled, on the date of his death, to pay at the rate to which he was entitled on the last day on which he performed duty or training.
(8)
A person covered by section 1475 or 1476 of this title who performed active duty, or inactive duty training, without pay is considered to have been entitled to basic pay while performing that duty or training.
(9)
A person covered by section 1475 or 1476 of this title who incurred a disability while on active duty or inactive duty training and who became entitled to basic pay while receiving hospital or medical care, including out-patient care, for that disability, is considered to have been on active duty or inactive duty training, as the case may be, for as long as he is entitled to that pay.
(b)
A person who is discharged, or released from active duty (other than for training), is considered to continue on that duty during the period following the date of his discharge or release that, as determined by the Secretary concerned, is necessary for that person to go to his home by the most direct route. That period may not end before midnight of the day on which the member is discharged or released.
[(c)
Pub. L. 109–163, div. A, title VI, § 664(a)(2)(B)119 Stat. 3316 Repealed. , , .]
(d)
(1)
In the case of a person described in paragraph (2), a death gratuity shall be payable, subject to section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a).
(2)
section 1013(b) of Public Law 109–13119 Stat. 247 This subsection applies in the case of a person who died during the period beginning on , and ending on , while a member of the armed forces on active duty and whose death did not establish eligibility for an additional death gratuity under the prior subsection (e) of this section (as added by ; ), because the person was not described in paragraph (2) of that prior subsection.
(3)
The amount of additional death gratuity payable under this subsection shall be $150,000.
(4)
section 1013(b) of Public Law 109–13119 Stat. 247 A payment pursuant to this subsection shall be paid in the same manner as provided under paragraph (4) of the prior subsection (e) of this section (as added by ; ), for payments pursuant to paragraph (3)(A) of that prior subsection.

Pub. L. 85–861, § 1(32)(A)72 Stat. 1454Pub. L. 88–647, title III, § 301(2)78 Stat. 1071Pub. L. 89–718, § 1180 Stat. 1117Pub. L. 102–190, div. A, title VI, § 652(a)105 Stat. 1387Pub. L. 108–121, title I, § 102(a)(1)117 Stat. 1337Pub. L. 108–136, div. A, title VI, § 646(a)117 Stat. 1520Pub. L. 108–375, div. A, title VI, § 643(b)118 Stat. 1958Pub. L. 109–13, div. A, title I, § 1013(a)119 Stat. 246–248Pub. L. 109–163, div. A, title VI, § 664(a)(1)119 Stat. 3316Pub. L. 109–234, title I, § 1210120 Stat. 430Pub. L. 112–81, div. A, title VI, § 651(a)(2)125 Stat. 1466(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; –(c), , ; , (2), (b), , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1478(a)

38:1101(6)(B) (last 32 words of 1st sentence, as applicable to death gratuity).

38:1101(10)(B) (as applicable to death gratuity).

38:1101(11)(E) (last 27 words, as applicable to death gratuity).

38:1131(b).

38:1133(d).

38:1134(c).

Aug. 1, 1956, ch. 837, §§ 102(6)(B) (last 32 words of 1st sentence, as applicable to death gratuity), (10)(B) (as applicable to death gratuity), (11)(E) (last 27 words, as applicable to death gratuity), (12) (as applicable to death gratuity), 301(b), 303(d), 304(c), 70 Stat. 859–861, 868, 869.

1478(b)

38:1101(12) (as applicable to death gratuity).

section 101(27) of this titlesection 1475(a)(1) of this titlesection 101(27) of this titlesection 101(22) of this titleIn subsection (a), the word “pay” is substituted for the words “basic pay (plus special and incentive pays)”, since the word “pay”, as defined in , includes those types of pay. Clause (1) is inserted to reflect . Clauses (2) and (3) are substituted for 38:1101(6)(B) (last 32 words of 1st sentence). Clause 4 is substituted for 38:1101(10)(B). The words “to the pay prescribed by section 4385(c) or 9385(c) of this title” are inserted to reflect those sections, which prescribe the training pay of members of reserve officers’ training corps units. Clause (5) is substituted for 38:1101(11)(E) (last 27 words). Clause (6) is substituted for 38:1133(d). In clause (6), the word “pay” is substituted for the words “basic pay (plus special and incentive pays)”, since the word “pay”, as defined in , includes those kinds of pay. Clauses (7) and (8) are substituted for 38:1134(c). In those clauses, the words “active duty for training” are omitted as covered by the definition of “active duty” in . In clause (8), the words “and who became entitled to basic pay” are substituted for the words “and is placed in a pay status” and the words “is entitled to that pay” are substituted for the words “remains in a pay status”.

In subsection (b), the words “on or after ” are omitted as executed. The words “(other than for training)” are inserted, since the words “active duty” in the source statute did not include active duty for training. The words “is considered to continue on that duty” are substituted for the words “shall be deemed to continue on active duty”. The last sentence is substituted for 38:1101(12) (last 14 words).

Editorial Notes

References in Text

section 664(c) of title VI of div. A of Pub. L. 109–163119 Stat. 3317Section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, referred to in subsec. (d)(1), is , , , which is not classified to the Code.

Amendments

Pub. L. 112–812011—Subsec. (a)(4) to (9). added par. (4) and redesignated former pars. (4) to (8) as (5) to (9), respectively.

Pub. L. 109–163, § 664(a)(1)2006—Subsec. (a). , (2)(A), in introductory provisions, substituted “$100,000” for “$12,000” and struck out “(as adjusted under subsection (c))” before period at end of first sentence.

Pub. L. 109–163, § 664(a)(2)(B)section 204 of title 37Subsec. (c). , struck out subsec. (c) which read as follows: “Effective on the date on which rates of basic pay under are increased under section 1009 of that title or any other provision of law, the amount of the death gratuity in effect under subsection (a) shall be increased by the same overall average percentage of the increase in the rates of basic pay taking effect on that date.”

Pub. L. 109–163, § 664(b)Subsec. (d). , added subsec. (d).

Pub. L. 109–234Subsec. (d)(2). substituted “” for “”.

Pub. L. 109–13, § 1013(a)(2)2005—Subsec. (a). , (e), temporarily substituted “(as adjusted under subsection (d))” for “(as adjusted under subsection (c))” in introductory provisions. See Effective and Termination Dates of 2005 Amendments notes below.

Pub. L. 109–13, § 1013(a)(1)(A), (e), temporarily inserted “, except as provided in subsections (c), (e), and (f)” after “$12,000” in introductory provisions. See Effective and Termination Dates of 2005 Amendments notes below.

Pub. L. 109–13, § 1013(a)(1)(C)Subsec. (c). , (e), temporarily added subsec. (c) which read as follows: “The death gratuity payable under sections 1475 through 1477 of this title is $100,000 in the case of a death resulting from wounds, injuries, or illnesses that are—

section 1413a(e)(2) of this title“(1) incurred as described in ; or

section 1967(e)(1)(A) of title 38“(2) incurred in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense under .”

Former subsec. (c) temporarily redesignated (d). See Effective and Termination Dates of 2005 Amendments notes below.

Pub. L. 109–13, § 1013(a)(1)(B)Subsec. (d). , (e), temporarily redesignated subsec. (c) as (d). See Effective and Termination Dates of 2005 Amendments notes below.

Pub. L. 109–13, § 1013(b)Subsec. (e). , (e), temporarily added subsec. (e) which read as follows:

“(e)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable in accordance with this subsection for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a).

“(2) This subsection applies in the case of a member of the armed forces who dies before the date of the enactment of this subsection as a direct result of one or more wounds, injuries, or illnesses that—

“(A) were incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or

section 1413a(e)(2) of this title“(B) were incurred as described in on or after .

“(3) The amount of additional death gratuity payable under this subsection shall be $238,000, of which—

“(A) $150,000 shall be paid in the manner specified in paragraph (4); and

“(B) $88,000 shall be paid in the manner specified in paragraph (5).

“(4) A payment pursuant to paragraph (3)(A) by reason of a death covered by this subsection shall be paid—

“(A) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the payment of life insurance proceeds paid on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or

“(B) in the case of a person who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who would have received proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries.

“(5) A payment pursuant to paragraph (3)(B) by reason of a death covered by this subsection shall be paid equal shares to the beneficiaries who were paid the death gratuity that was paid with respect to that death under this section.” See Effective and Termination Dates of 2005 Amendments notes below.

Pub. L. 109–13, § 1013(c)Subsec. (f). , (e), temporarily added subsec. (f) which read as follows:

“(f)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable in accordance with this subsection for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (e).

“(2) This subsection applies in the case of a member of the armed forces who dies during the period beginning on the date of the enactment of this subsection and ending on the first day of the first month that begins more than 90 days after such date of one or more wounds, injuries, or illnesses that—

“(A) are incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or

section 1413a(e)(2) of this title“(B) are incurred as described in .

“(3) The amount of additional death gratuity payable under this subsection shall be $150,000.

“(4) A payment pursuant to paragraph (3) by reason of a death covered by this subsection shall be paid—

“(A) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the payment of life insurance proceeds payable on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or

“(B) in the case of a person who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who receive proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries.”

See Effective and Termination Dates of 2005 Amendments notes below.

Pub. L. 108–375, § 643(b)(1)2004—Subsec. (a). , inserted “(as adjusted under subsection (c))” before period in introductory provisions.

Pub. L. 108–375, § 643(b)(2)Subsec. (c). , added subsec. (c).

Pub. L. 108–121Pub. L. 108–1362003—Subsec. (a). and amended subsec. (a) identically, substituting “$12,000” for “$6,000” in introductory provisions.

Pub. L. 102–1901991—Subsec. (a). , in first sentence, substituted “1475 through 1477” for “1475–1477” and “$6,000” for “equal to six months’ pay at the rate to which the decedent was entitled on the date of his death, except that the gratuity may not be less than $800 of more than $3,000.”

Pub. L. 89–7181966—Subsec. (a)(4). struck out “, United States Code” after “title 37” in two places.

Pub. L. 88–647section 209(c) of title 37section 1475(a)(4) of this titlesection 209(c) of Title 371964—Subsec. (a)(4). substituted “the first sentence of , United States Code” for “section 4385(c) or 9385(c) of this title”, and provided that a person covered by who dies in field training or on a practice cruise, or in travel to or from such training or cruise, is considered entitled on the day of his death to the pay prescribed by the second sentence of .

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–81section 651(c) of Pub. L. 112–81section 1475 of this titleAmendment by effective on , and applicable with respect to deaths that occur on or after that date, see , set out as a note under .

Effective Date of 2006 Amendment

Pub. L. 109–234, title I, § 1210120 Stat. 430Pub. L. 109–163, , , provided that the amendment made by section 1210 is effective as of , and as if included in the enactment of .

Pub. L. 109–163, div. A, title VI, § 664(a)(3)119 Stat. 3316

119 Stat. 3317“The amendment made by paragraph (1) [amending this section] shall take effect as of , and shall apply to deaths occurring on or after the date of the enactment of this Act [] and, subject to subsection (c) [], to deaths occurring during the period beginning on , and ending on the day before the date of the enactment of this Act.”
, , , provided that:

Effective and Termination Dates of 2005 Amendments

Pub. L. 109–77, § 115119 Stat. 2040

Public Law 109–13section 411h of Title 37section 411h of Title 37section 1967 of Title 38119 Stat. 244section 411h of Title 37section 1967 of Title 38Public Law 109–13“The provisions of, and amendments made by, sections 1011, 1012, 1013, 1023, and 1026 of [amending this section, , Pay and Allowances of the Uniformed Services, and sections 1967, 1969, 1970, and 1977 of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under this section, , and ] shall continue in effect, notwithstanding the fiscal year limitation in section 1011 [] and the provisions of sections 1012(i), 1013(e), 1023(c), and 1026(e) of that Public Law [enacting provisions set out as notes under this section, , and ], through the earlier of: (1) the date specified in section 106(3) of this joint resolution []; or (2) with respect to any such section of , the date of the enactment into law of legislation that supersedes the provisions of, or the amendments made by, that section.”
, , , provided that:

Pub. L. 109–13, div. A, title I, § 1013(d)119 Stat. 248

“(d)

Effective Date .—

This section [amending this section] and the amendments made by this section shall take effect on the date of the enactment of this Act [].
“(e)

Termination.—

“(1)

In general .—

section 1478 of title 10This section [amending this section] and the amendment made by this subsection [probably means this section] shall terminate on . Effective as of , the provisions of , United States Code, as in effect on the date before the date of the enactment of this Act [] shall be revived.
“(2)

Continuing obligation to pay .—

section 1478 of title 10Any amount of additional death gratuity payable under , United States Code, by reason of the amendments made by subsections (b) and (c) of this section [amending this section] that remains payable as of , shall, notwithstanding paragraph (1), remain payable after that date until paid.”
, (e), , , provided that:

Effective Date of 2003 Amendments

Pub. L. 108–136, div. A, title VI, § 646(b)117 Stat. 1520

“The amendment made by subsection (a) [amending this section] shall take effect as of , and shall apply with respect to deaths occurring on or after that date.”
, , , provided that:

Pub. L. 108–121, title I, § 102(a)(2)117 Stat. 1337

“The amendment made by this subsection [amending this section] shall take effect as of , and shall apply with respect to deaths occurring on or after that date.”
, , , provided that:

Effective Date of 1991 Amendment; Transition Provision

Pub. L. 102–190, div. A, title VI, § 652(b)105 Stat. 1388

“(1)
The amendments made by subsection (a) [amending this section] shall take effect as of .
“(2)
In the case of the payment of a death gratuity under sections 1475 through 1477 of title 10, United States Code, with respect to a person who died during the period beginning on , and ending on the date of the enactment of this Act [], the amount of the death gratuity under section 1478(a) of such title (as amended by subsection (a)) shall be reduced by the amount of any such gratuity paid with respect to such person under this section (as in effect on ).”
, , , provided that:

Temporary Increase in Amount of Death Gratuity; Persian Gulf Conflict

Pub. L. 102–25, title III, § 307105 Stat. 82

section 1478(a) of title 10“In lieu of the amount of the death gratuity specified in , United States Code, the amount of the death gratuity payable under that section shall be $6,000 for a death resulting from any injury or illness incurred during the Persian Gulf conflict or during the 180-day period beginning at the end of the Persian Gulf conflict.”
, , , provided that:

Death Gratuity for Certain Participants Who Died Between , and

Pub. L. 102–25, title III, § 308105 Stat. 83, , , required Secretary of Defense to pay death gratuity to each SGLI beneficiary of each deceased member of uniformed services who died after , and before , and whose death was in conjunction with or in support of Operation Desert Storm, or attributable to hostile action in regions other than Persian Gulf, as prescribed in regulations set forth by Secretary of Defense.