§1504 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary must set up a special board to look into any new information about a person whose status might change, if that information appears within one year after a prior report. The Secretary must also start a board about a missing person at about one year after that prior report. A single board can handle several related cases. Each board must have at least three members. If the subjects are only military, the members must be officers of rank major or lieutenant commander or higher. If the subjects are only civilian DoD employees or contractors, the board must include at least three DoD employees paid at or above the GS‑13 level and may include military members the Secretary wants. If the board looks at both military and civilians, it must include at least one officer and one GS‑13+ employee, and the ratio of officers to employees should roughly match the mix of subjects. The board’s president must have a security clearance that lets them see all related information. One board member must have a job specialty and experience like the missing person’s. The Secretary must give the board a qualified lawyer. The board must review earlier reports, gather new evidence, decide where the person likely is and what their status should be, and send its findings and recommendation to the Secretary. The Secretary must name a lawyer for each missing person and tell the primary next of kin who that lawyer is. Family members and a previously designated person may attend board proceedings. The Secretary must try to notify them at least 60 days before the board meets. They must tell the Secretary within 21 days if they plan to attend. Attending family members may see unclassified files, present information, bring private counsel (for primary next of kin or the designated person), and file objections: a letter of intent within 15 days after recommendations, and written objections within 30 days; those objections go into the board report. The board can get needed information from other agencies, and classified material will be handled only for cleared people. The board’s report, with any classified annex, goes to the Secretary. The Secretary has 30 days to review the report, the counsel’s review, and any objections, may send it back for fixes, and then decides each person’s status. Within 60 days of that decision, the Secretary must give the report to the family and, if the person is still missing, tell them that further investigation will continue. The new decision replaces any earlier government status decision.

Title 10, §1504

Armed Forces — Source: USLM XML via OLRC

(a)If information that may result in a change of status of a person covered by a determination under section 1503(i) of this title becomes available within one year after the date of the transmission of a report with respect to the person under section 1502(a)(2) of this title, the Secretary concerned shall appoint a board under this section to conduct an inquiry into the information.

(b)The Secretary concerned shall appoint a board under this section to conduct an inquiry into the whereabouts and status of a missing person on or about one year after the date of the transmission of a report concerning the person under section 1502(a)(2) of this title.

(c)If it appears to the Secretary concerned that the absence or status of two or more persons is factually related, the Secretary may appoint one board under this section to conduct the inquiry into the whereabouts and status of such persons.

(d)(1)A board appointed under this section shall be composed of at least three members as follows:

(A)In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above.

(B)In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of—

(i)not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS–13 of the General Schedule under section 5332 of title 5; and

(ii)such members of the armed forces as the Secretary considers advisable.

(C)In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians described in subparagraph (B)—

(i)the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and

(ii)the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board’s inquiry to the number of civilians who are subjects of the board’s inquiry.

(2)The Secretary concerned shall designate one member of a board appointed under this section as president of the board. The president of the board shall have a security clearance that affords the president access to all information relating to the whereabouts and status of each person covered by the inquiry.

(3)One member of each board appointed under this subsection shall be an individual who—

(A)has an occupational specialty similar to that of one or more of the persons covered by the inquiry; and

(B)has an understanding of and expertise in the type of official activities that one or more such persons were engaged in at the time such person or persons disappeared.

(4)The Secretary who appoints a board under this subsection shall, for purposes of providing legal counsel to the board, assign to the board a judge advocate, or appoint to the board an attorney, with the same qualifications as specified in section 1503(c)(4) of this title.

(e)A board appointed under this section to conduct an inquiry into the whereabouts and status of a person shall—

(1)review the reports with respect to the person transmitted under section 1502(a)(2) of this title and submitted under section 1503(h) of this title;

(2)collect and evaluate any document, fact, or other evidence with respect to the whereabouts and status of the person that has become available since the determination of the status of the person under section 1503 of this title;

(3)draw conclusions as to the whereabouts and status of the person;

(4)determine on the basis of the activities under paragraphs (1) and (2) whether the status of the person should be continued or changed; and

(5)submit to the Secretary concerned a report describing the findings and conclusions of the board, together with a recommendation for a determination by the Secretary concerning the whereabouts and status of the person.

(f)(1)When the Secretary concerned appoints a board to conduct an inquiry under this section, the Secretary shall appoint counsel to represent each person covered by the inquiry. The identity of counsel appointed under this paragraph for a missing person shall be made known to the missing person’s primary next of kin and any other previously designated person of the person.

(2)A person appointed as counsel under this subsection shall meet the qualifications and have the duties set forth in section 1503(f) of this title for a missing person’s counsel appointed under that section.

(3)The review of the report of a board on an inquiry that is submitted by such counsel shall be made an official part of the record of the board with respect to the inquiry.

(g)(1)With respect to any person covered by an inquiry under this section, the primary next of kin, other members of the immediate family, and any other previously designated person of the person may attend the proceedings of the board during the inquiry.

(2)The Secretary concerned shall take reasonable actions to notify each individual referred to in paragraph (1) of the opportunity to attend the proceedings of a board. Such notice shall be provided not less than 60 days before the first meeting of the board.

(3)An individual who receives notice under paragraph (2) shall notify the Secretary of the intent, if any, of that individual to attend the proceedings of the board not later than 21 days after the date on which the individual receives the notice.

(4)Each individual who notifies the Secretary under paragraph (3) of the individual’s intent to attend the proceedings of the board—

(A)in the case of an individual who is the primary next of kin or the previously designated person, may attend the proceedings of the board with private counsel;

(B)shall have access to the personnel file of the missing person, to unclassified reports, if any, of the board appointed under section 1503 of this title to conduct the inquiry into the whereabouts and status of the person, and to any other unclassified information or documents relating to the whereabouts and status of the person;

(C)shall be afforded the opportunity to present information at the proceedings of the board that such individual considers to be relevant to those proceedings; and

(D)subject to paragraph (5), shall be given the opportunity to submit in writing an objection to any recommendation of the board under subsection (i) as to the status of the missing person.

(5)(A)Individuals who wish to file objections under paragraph (4)(D) to any recommendation of the board shall—

(i)submit a letter of intent to the president of the board not later than 15 days after the date on which the recommendations are made; and

(ii)submit to the president of the board the objections in writing not later than 30 days after the date on which the recommendations are made.

(B)The president of a board shall include any objections to a recommendation of the board that are submitted to the president of the board under subparagraph (A) in the report of the board containing the recommendation under subsection (i).

(6)An individual referred to in paragraph (1) who attends the proceedings of a board under this subsection shall not be entitled to reimbursement by the United States for any costs (including travel, lodging, meals, local transportation, legal fees, transcription costs, witness expenses, and other expenses) incurred by that individual in attending such proceedings.

(h)(1)In conducting proceedings in an inquiry under this section, a board may secure directly from any department or agency of the United States any information that the board considers necessary in order to conduct the proceedings.

(2)Upon written request from the president of a board, the head of a department or agency of the United States shall release information covered by the request to the board. In releasing such information, the head of the department or agency shall—

(A)declassify to an appropriate degree classified information; or

(B)release the information in a manner not requiring the removal of markings indicating the classified nature of the information.

(3)(A)If a request for information under paragraph (2) covers classified information that cannot be declassified, or if the classification markings cannot be removed before release from the information covered by the request, or if the material cannot be summarized in a manner that prevents the release of classified information, the classified information shall be made available only to the president of the board making the request and the counsel for the missing person appointed under subsection (f).

(B)The president of a board shall close to persons who do not have appropriate security clearances the proceeding of the board at which classified information is discussed. Participants at a proceeding of a board at which classified information is discussed shall comply with all applicable laws and regulations relating to the disclosure of classified information. The Secretary concerned shall assist the president of a board in ensuring that classified information is not compromised through board proceedings.

(i)(1)Upon completion of an inquiry under this section, a board shall make a recommendation as to the current whereabouts and status of each missing person covered by the inquiry.

(2)A board may not recommend under paragraph (1) that a person be declared dead unless in making the recommendation the board complies with section 1507 of this title.

(j)A board appointed under this section shall submit to the Secretary concerned a report on the inquiry carried out by the board, together with the evidence considered by the board during the inquiry. The report may include a classified annex.

(k)(1)Not later than 30 days after the receipt of a report from a board under subsection (j), the Secretary shall review—

(A)the report;

(B)the review of the report submitted to the Secretary under subsection (f)(3) by the counsel for each person covered by the report; and

(C)the objections, if any, to the report submitted to the president of the board under subsection (g)(5).

(2)In reviewing a report under paragraph (1) (including the objections described in subparagraph (C) of that paragraph), the Secretary concerned shall determine whether or not the report is complete and free of administrative error. If the Secretary determines that the report is incomplete, or that the report is not free of administrative error, the Secretary may return the report to the board for further action on the report by the board.

(3)Upon a determination by the Secretary that a report reviewed under this subsection is complete and free of administrative error, the Secretary shall make a determination concerning the status of each person covered by the report.

(l)Not later than 60 days after the date on which the Secretary concerned makes a determination with respect to a missing person under subsection (k), the Secretary shall—

(1)provide the report reviewed by the Secretary in making the determination to the primary next of kin, the other members of the immediate family, and any other previously designated person of the person; and

(2)in the case of a person who continues to be in a missing status, inform each individual referred to in paragraph (1) that the United States will conduct a further investigation into the whereabouts and status of the person as specified in section 1505 of this title.

(m)Any determination of the status of a missing person under subsection (k) shall supersede the determination of the status of the person under section 1503 of this title and shall be treated as the determination of the status of the person by all departments and agencies of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsec. (d)(1). Pub. L. 105–85, § 599(a)(3)(A), substituted “as follows:” and subpars. (A) to (C) for “who are officers having the grade of major or lieutenant commander or above.” Subsec. (d)(4). Pub. L. 105–85, § 599(a)(3)(B), substituted “section 1503(c)(4)” for “section 1503(c)(3)”. Subsec. (f)(1). Pub. L. 105–85, § 599(d)(1), inserted at end “The identity of counsel appointed under this paragraph for a missing person shall be made known to the missing person’s primary next of kin and any other previously designated person of the person.” Subsec. (i)(1). Pub. L. 105–85, § 1073(a)(30), substituted “this section” for “this subsection”. 1996—Subsec. (d)(1). Pub. L. 104–201, § 578(a)(3)(A), added text of par. (1) and struck out former text of par. (1) which read as follows: “A board appointed under this section shall be composed of at least three members as follows: “(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above. “(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of— “(i) not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS–13 of the General Schedule under section 5332 of title 5; and “(ii) such members of the armed forces as the Secretary considers advisable. “(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians described in subparagraph (B)— “(i) the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and “(ii) the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board’s inquiry to the number of civilians who are subjects of the board’s inquiry.” Subsec. (d)(4). Pub. L. 104–201, § 578(a)(3)(B), substituted “section 1503(c)(3)” for “section 1503(c)(4)”.

§1504 Subsequent Board of Inquiry

Summary

Title 10, §1504

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata