PRIA, Government Policy, Made Personal

Summary

A review board may only recommend declaring a missing person dead if three things are true: there is reliable proof the person died, the United States has no reliable proof the person is alive, and U.S. representatives have searched the last-known area and checked the records for that area—or tried in good faith but were denied access. If the board recommends death, its report must say where and when the death occurred, where the body is if found, and, if the body cannot be identified by sight, a forensic pathologist must certify the identity, using other expert help if the military department’s Secretary requires it.

Title 10, §1507

Armed Forces, Source: USLM XML via OLRC

(a)Requirements Relating to Recommendation.—

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)Submittal of Information on Death.—

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