§4012 — Title 50 War and National Defense | U.S. Code

Summary

The Secretary in charge must give a written certificate if someone asks. That certificate counts as official proof in legal cases of seven things about a service member: whether they are or were in the military; when and where they joined; where they lived when they joined; their rank, branch, and unit at entry; the dates they served; their monthly pay when the certificate was issued; and when and where they left service or died in service. A paper that looks signed by the Secretary is also accepted as proof that the signer could issue it. A service member reported missing is presumed to still be in the military until they are found or until the Secretary or a court officially reports or decides they died. Any rule that starts or stops with the member’s death does not begin or end until that official report or decision.

Title 50, §4012

War and National Defense — Source: USLM XML via OLRC

(a)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:

(1)That a person named is, is not, has been, or has not been in military service.

(2)The time and the place the person entered military service.

(3)The person’s residence at the time the person entered military service.

(4)The rank, branch, and unit of military service of the person upon entry.

(5)The inclusive dates of the person’s military service.

(6)The monthly pay received by the person at the date of the certificate’s issuance.

(7)The time and place of the person’s termination of or release from military service, or the person’s death during military service.

(b)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.

(c)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 582 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 602 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191, related to revocation of interlocutory orders, prior to the general amendment of this Act by Pub. L. 108–189. See section 4013 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§4012 Certificates of service; persons reported missing