§1481. Recovery, care, and disposition of remains: decedents covered
(a) The Secretary concerned may provide for the recovery, care, and disposition of the remains of the following persons:
(1) Any Regular of an armed force under his jurisdiction who dies while on active duty.
(2) A member of a reserve component of an armed force who dies while-
(A) on active duty;
(B) performing inactive-duty training;
(C) performing authorized travel directly to or from active duty or inactive-duty training;
(D) remaining overnight immediately before the commencement of inactive-duty training, or remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training;
(E) staying at the member's residence, when so authorized by proper authority, during a period of inactive duty training or between successive days of inactive duty training;
(F) hospitalized or undergoing treatment for an injury, illness, or disease incurred or aggravated while on active duty or performing inactive-duty training; or
(G) either-
(i) serving on funeral honors duty under section 12503 of this title or section 115 of title 32;
(ii) traveling directly to or from the place at which the member is to so serve; or
(iii) remaining overnight at or in the vicinity of that place before so serving, if the place is outside reasonable commuting distance from the member's residence.
[(3) Repealed.
(4) Any member of, or applicant for membership in, a reserve officers' training corps who dies while (A) attending a training camp, (B) on an authorized practice cruise, (C) performing authorized travel to or from such a camp or cruise, or (D) hospitalized or undergoing treatment at the expense of the United States for injury incurred, or disease contracted, while attending such a camp, while on such a cruise, or while performing that travel.
(5) Any accepted applicant for enlistment in an armed force under his jurisdiction.
(6) Any person who has been discharged from an enlistment in an armed force under his jurisdiction while a patient in a United States hospital, and who continues to be such a patient until the date of his death.
(7) A person who-
(A) dies as a retired member of an armed force under the Secretary's jurisdiction during a continuous hospitalization of the member as a patient in a United States hospital that began while the member was on active duty for a period of more than 30 days; or
(B) is not covered by subparagraph (A) and, while in a retired status by reason of eligibility to retire under chapter 61 of this title, dies during a continuous hospitalization of the person that began while the person was on active duty as a Regular of an armed force under the Secretary's jurisdiction.
(8) Any military prisoner who dies while in his custody.
(9) To the extent authorized under section 1482(f) of this title, any retired member of an armed force who dies while outside the United States or any individual who dies outside the United States while a dependent of such a member.
(10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.
(b) This section applies to each person covered by subsection (a)(1)–(7) even though he may have been temporarily absent from active duty, with or without leave, at the time of his death, unless he had been dropped from the rolls of his organization before his death.
(c) In this section, the term "dependent" has the meaning given such term in section 1072(2) of this title.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1481(a) | 5:2151 (as applicable to armed forces). 5:2152 (1st 27 words, as applicable to armed forces). 5:2153 (less 1st 18 words, as applicable to armed forces). |
July 15, 1954, ch. 507, §§1, 2 (1st 25 words, as applicable to armed forces), 3 (less 1st 16 words, as applicable to armed forces), 4 (as applicable to armed forces), |
| 1481(b) | 5:2154 (as applicable to armed forces). |
In subsection (a), 5:2151 is omitted as covered by the revised sections of this chapter. In clauses (1), (2), (5)–(7), the words "under his jurisdiction" are inserted for clarity. In clause (1) the words "regular member of an armed force, or member of an armed force without component" are substituted for the words "military personnel", since all other members of the military services are covered by more specific rules set forth in clauses (2) and (7). In clauses (2) and (3), the words "active duty for training" are omitted as covered by the words "active duty". The words "injury incurred, or disease contracted" are substituted for the words "injuries, illness, or disease contracted or incurred". The words "by law", "authorized", "proper authority", and "as authorized by law" are omitted as surplusage. In clause (3), the words "while entitled to" are substituted for the words "in respect of duty for which they are entitled by law to receive". In clause (4), the words "injury incurred, or disease contracted" are substituted for the words "injury, disease or illness contracted or incurred". The words "as authorized by law" are omitted as surplusage. In clause (6), the word "person" is substituted for the words "former enlisted members". In clause (7), the words "active duty for a period of more than 30 days" are substituted for the words "extended active duty".
In subsection (b), the words "This section applies to each person * * * even though" are substituted for the words "The benefits of this Act shall not be denied in respect of a person * * * on the ground".
Editorial Notes
Amendments
2013-Subsec. (a)(10).
2011-Subsec. (a)(2)(E) to (G).
2001-Subsec. (a)(2)(D).
Subsec. (a)(9).
2000-Subsec. (a)(1).
1999-Subsec. (a)(2)(F).
1998-Subsec. (a)(1).
Subsec. (a)(7).
1997-Subsec. (a)(2)(D).
1996-Subsec. (a)(2)(C) to (E).
1994-Subsec. (a).
Subsec. (c).
1986-Subsec. (a)(2), (3).
"(2) any Reserve of an armed force under his jurisdiction who dies while (A) on active duty, (B) performing authorized travel to or from that duty, (C) on authorized inactive-duty training, or (D) hospitalized or undergoing treatment at the expense of the United States for injury incurred, or disease contracted, while on that duty or training or while performing that travel;
"(3) any member of the Army National Guard or Air National Guard who dies while entitled to pay from the United States and while (A) on active duty, (B) performing authorized travel to or from that duty, (C) on authorized inactive-duty training, or (D) hospitalized or undergoing treatment at the expense of the United States for injury incurred, or disease contracted, while on that duty or training or while performing that travel;".
1964-Subsec. (a)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2000 Amendment
Effective Date of 1998 Amendment
Effective Date of 1994 Amendment
Effective Date of 1986 Amendment
Amendment by
Requirement for Deploying Military Medical Personnel To Be Trained in Preservation of Remains Under Combat or Combat-Related Conditions
"(a)
"(b)
"(1) Best practices and procedures for the preservation of the remains of a member of the Armed Forces after death, taking into account the conditions likely to be encountered and the objective of returning the remains to the member's family in the best possible condition.
"(2) Practical case studies based on experience of the Armed Forces in a variety of climactic conditions.
"(c)
"(1) a physician, nurse, nurse practitioner, physician assistant, or combat medic; and
"(2) any other medical personnel with medical specialties who may provide direct patient care and who are designated by the Secretary of the military department concerned.
"(d)