Title 10 — Armed ForcesRelease 119-73

§1508 Judicial review

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 76— - MISSING PERSONS › § 1508

Last updated Apr 6, 2026|Official source

Summary

A primary next of kin (or a person previously designated) can ask a U.S. district court to review a board finding that a missing person is dead, but only if they say there is information that could change the missing person’s status that was not properly considered during the administrative review under this chapter. The court review must follow section 706 of title 5. This right applies to board findings under sections 1504, 1505, and 1509, and appeals go to the appropriate U.S. court of appeals and then to the Supreme Court as the law allows.

Full Legal Text

Title 10, §1508

Armed Forces — Source: USLM XML via OLRC

(a)A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in section 706 of title 5.

(b)Subsection (a) applies to the following findings:

(1)A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead.

(2)A finding by a board appointed under section 1509 of this title that confirms that a missing person formerly declared dead is in fact dead.

(c)Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1508

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73