Title 10, Armed ForcesRelease 119-110

§1508 Judicial Review

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

Last updated Sep 22, 2026|Official source

Summary

Primary next of kin or the previously designated person may ask a U.S. district court to review certain board findings that a missing person is dead, but only if they claim information that could change the case was not properly considered during the administrative review under this chapter; the review follows section 706 of title 5. This covers findings by boards under sections 1504, 1505, and confirmations under section 1509, and appeals go to the appropriate U.S. court of appeals and the Supreme Court as allowed by law.

Full Legal Text

Title 10, §1508

Armed Forces, Source: USLM XML via OLRC

(a)Right of Review.—
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)Findings for Which Judicial Review May Be Sought.—
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)Subsequent Review.—
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

Sep 22, 2026

Release point: 119-110