§1502 — Title 10 Armed Forces | U.S. Code

Summary

When a commander learns that a person described in section 1501(c) — someone whose location and status are unclear and whose absence may be involuntary — the commander must do a quick check of the situation. If the commander decides the person is missing, the commander must recommend placing them in missing status and, within 10 days, send a report with that recommendation to the Secretary in charge using the procedures in section 1501(b). The commander must also send an advisory copy of that report to the theater commander who has authority over the person. Any information found during the check or search must be kept safe and sent on for official use under the section 1501 procedures.

Title 10, §1502

Armed Forces — Source: USLM XML via OLRC

(a)After receiving information that the whereabouts and status of a person described in section 1501(c) of this title is uncertain and that the absence of the person may be involuntary, the commander of the unit, facility, or area to or in which the person is assigned shall make a preliminary assessment of the circumstances. If, as a result of that assessment, the commander concludes that the person is missing, the commander shall—

(1)recommend that the person be placed in a missing status; and

(2)not later than 10 days after receiving such information, transmit a report containing that recommendation to the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title.

(b)When transmitting a report under subsection (a)(2) recommending that a person be placed in a missing status, the commander transmitting that report shall transmit an advisory copy of the report to the theater component commander with jurisdiction over the missing person.

(c)A commander making a preliminary assessment under subsection (a) with respect to a missing person shall (in accordance with procedures prescribed under section 1501 of this title) safeguard and forward for official use any information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsecs. (b), (c). Pub. L. 105–85 added subsec. (b) and redesignated former subsec. (b) as (c). 1996—Subsec. (a)(2). Pub. L. 104–201, § 578(b)(1)(A), substituted “10 days” for “48 hours” and “Secretary concerned” for “theater component commander with jurisdiction over the missing person”. Subsec. (b). Pub. L. 104–201, § 578(b)(1)(D), struck out at end “The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification.” Pub. L. 104–201, § 578(b)(1)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Transmission Through Theater Component Commander.—Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title. The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person.” Subsec. (c). Pub. L. 104–201, § 578(b)(1)(C), redesignated subsec. (c) as (b).

§1502 Missing persons: initial report

Summary

Title 10, §1502

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata