37 U.S.C. § 555 — Secretarial review
submitted 60 years ago by Pub. L. 89-554 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 307 words · no verdicts yet
The Secretary concerned must review a missing service member’s case within 12 months and may continue the missing status or find death. A death finding sets the date used for pay, account settlement, and death gratuities, with a stated exception.
(a) Except as subsection (d) provides, when a uniformed-service member* entitled to pay and allowances* under section 552 has been missing and the Secretary concerned* has not received an official death report or report of the absence’s circumstances, the case must be fully reviewed before the 12-month missing-status period ends. After that review and period, or after a later review warranted by information or other circumstances, the Secretary or designee may: (1) continue the missing status* if the member can reasonably be presumed alive; or (2) find that the member died. (b) A death finding must state the presumed death date for ending pay* and allowances, settling accounts, and paying death gratuities. The date is: (A) the day after the 12-month period ends; or (B) if the missing status continues, the date the Secretary or designee determines. (c) Only for deciding status under this section, an active-duty member’s dependent is treated as a member. The Secretary’s determination is conclusive for all other United States departments and agencies. This does not give the dependent pay, allowances, or other compensation otherwise unavailable. (d) This section does not apply to a case covered by section 1502 of title 10.
Except as provided in subsection (d), when a member* of a uniformed service entitled to pay and allowances* under section 552 of this title has been in a missing status*, and the official report of his death or of the circumstances of his absence has not been received by the Secretary concerned*, he shall, before the end of a 12-month period in that status, have the case fully reviewed. After that review and the end of the 12-month period in a missing status, or after a later review which shall be made when warranted by information received or other circumstances, the Secretary concerned, or his designee, may—
if the member can reasonably be presumed to be living, direct a continuance of his missing status; or
make a finding of death.
When a finding of death is made under subsection (a), it shall include the date death is presumed to have occurred for the purpose of—
ending the crediting of pay* and allowances;
settlement of accounts; and
payment of death gratuities.
That date is—
the day after the day on which the 12-month period in a missing status ends; or
if the missing status has been continued under subsection (a), the day determined by the Secretary concerned, or his designee.
For the sole purpose of determining status under this section, a dependent of a member on active duty* is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
This section does not apply in a case to which section 1502 of title 10 applies.
Source credit: (Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 628; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title V, § 569(c)(1), Feb. 10, 1996, 110 Stat. 351.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 628
- 1991Amended · Pub. L. 102-25 · 105 Stat. 117
- 1996Amended · Pub. L. 104-106 · 110 Stat. 351
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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