§ 1478.
(a)
The death gratuity payable under sections 1475 through 1477 of this title shall be $100,000. For this purpose:
(1)
A person covered by subsection (a)(1) of
section 1475 of this title 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)
A person covered by subsection (a)(3) of
section 1475 of this title 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)
A person covered by subsection (a)(3) of
section 1475 of this title 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)
A person covered by subsection (a)(3) of
section 1475 of this title 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.
(6)
A person covered by subsection (a)(5) of
section 1475 of this title 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)
A person covered by
section 1476 of this title 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.
(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)
This subsection applies in the case of a person who died during the period beginning on October 7, 2001, and ending on August 31, 2005, 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 [section 1013(b) of Public Law 109–13]; [119 Stat. 247]), 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)
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 [section 1013(b) of Public Law 109–13]; [119 Stat. 247]), for payments pursuant to paragraph (3)(A) of that prior subsection.
(Added [Pub. L. 85–861, § 1(32)(A)], Sept. 2, 1958, [72 Stat. 1454]; amended [Pub. L. 88–647, title III, § 301(2)], Oct. 13, 1964, [78 Stat. 1071]; [Pub. L. 89–718, § 11], Nov. 2, 1966, [80 Stat. 1117]; [Pub. L. 102–190, div. A, title VI, § 652(a)], Dec. 5, 1991, [105 Stat. 1387]; [Pub. L. 108–121, title I, § 102(a)(1)], Nov. 11, 2003, [117 Stat. 1337]; [Pub. L. 108–136, div. A, title VI, § 646(a)], Nov. 24, 2003, [117 Stat. 1520]; [Pub. L. 108–375, div. A, title VI, § 643(b)], Oct. 28, 2004, [118 Stat. 1958]; [Pub. L. 109–13, div. A, title I, § 1013(a)]–(c), May 11, 2005, [119 Stat. 246–248]; [Pub. L. 109–163, div. A, title VI, § 664(a)(1)], (2), (b), Jan. 6, 2006, [119 Stat. 3316]; [Pub. L. 109–234, title I, § 1210], June 15, 2006, [120 Stat. 430]; [Pub. L. 112–81, div. A, title VI, § 651(a)(2)], Dec. 31, 2011, [125 Stat. 1466].)