50 U.S.C. § 4012 — Certificates of service; persons reported missing
submitted 86 years ago by Pub. L. 108-189 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 241 words · no verdicts yet
This section makes a certificate signed by the responsible Secretary initial evidence of listed military-service facts. It also protects the service status of a servicemember reported missing until the person is accounted for.
(a) Prima facie evidence. In a proceeding under this chapter, a certificate signed by the responsible Secretary is initial evidence of the stated facts: (1) whether a named person is, is not, has been, or has not been in military service*; (2) when and where the person entered; (3) the person’s residence then; (4) rank, branch, and unit on entry; (5) the inclusive service dates; (6) monthly pay at issuance; and (7) when and where service ended or the person was released, or that the person died during service.
(b) Certificates. After an application, the responsible Secretary must provide the certificate. A certificate that appears to bear the Secretary’s signature is initial evidence of its contents and the signer’s authority.
(c) Treatment of servicemembers in missing status. A servicemember* reported missing is presumed to remain in service until accounted for. A chapter requirement that begins or ends at the member’s death does not begin or end until the death is reported to or determined by the responsible Secretary or a court* with jurisdiction.
In any proceeding under this chapter, a certificate signed by the Secretary concerned* is prima facie evidence as to any of the following facts stated in the certificate:
That a person named is, is not, has been, or has not been in military service*.
The time and the place the person entered military service.
The person’s residence at the time the person entered military service.
The rank, branch, and unit of military service of the person upon entry.
The inclusive dates of the person’s military service.
The monthly pay received by the person at the date of the certificate’s issuance.
The time and place of the person’s termination of or release from military service, or the person’s death during military service.
The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it.
A servicemember* who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court* of competent jurisdiction.
Source credit: (Oct. 17, 1940, ch. 888, title VI, § 602, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)
- 1940Enacted · Pub. L. 108-189 · 117 Stat. 2859
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-189 on 1940-10-17.
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