§1507 — Title 10 Armed Forces | U.S. Code

Summary

A review board must not recommend that someone be declared dead unless there is credible evidence they died, the United States has no credible evidence they are alive, and U.S. representatives have searched the area where the person was last seen and checked records from whoever controls that area. If access to the area or records was denied after a good-faith effort, the search or record check is not required. If the board does recommend death, its report must say where the death happened, the date of death, and where the body was found if it was recovered. If the body cannot be identified visually, a forensic pathologist must certify it is the missing person and must consider any extra evidence or expert opinions the Secretary of the relevant military department requires.

Title 10, §1507

Armed Forces — Source: USLM XML via OLRC

(a)A board appointed under section 1503, 1504, or 1505 of this title may not recommend that a person be declared dead unless—

(1)credible evidence exists to suggest that the person is dead;

(2)the United States possesses no credible evidence that suggests that the person is alive; and

(3)representatives of the United States—

(A)have made a complete search of the area where the person was last seen (unless, after making a good faith effort to obtain access to such area, such representatives are not granted such access); and

(B)have examined the records of the government or entity having control over the area where the person was last seen (unless, after making a good faith effort to obtain access to such records, such representatives are not granted such access).

(b)If a board appointed under section 1503, 1504, or 1505 of this title makes a recommendation that a missing person be declared dead, the board shall include in the report of the board with respect to the person under that section the following:

(1)A detailed description of the location where the death occurred.

(2)A statement of the date on which the death occurred.

(3)A description of the location of the body, if recovered.

(4)If the body has been recovered and is not identifiable through visual means, a certification by a forensic pathologist that the body recovered is that of the missing person. In determining whether to make such a certification, the forensic pathologist shall consider, as determined necessary by the Secretary of the military department concerned, additional evidence and information provided by appropriate specialists in forensic medicine or other appropriate medical sciences.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsec. (b)(3), (4). Pub. L. 105–85 added pars. (3) and (4). 1996—Subsec. (b)(3), (4). Pub. L. 104–201 struck out pars. (3) and (4) which read as follows: “(3) A description of the location of the body, if recovered. “(4) If the body has been recovered and is not identifiable through visual means, a certification by a practitioner of an appropriate forensic science that the body recovered is that of the missing person.”

§1507 Recommendation of status of death

Summary

Title 10, §1507

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata