Title 10Armed ForcesRelease 119-73not60

§1508 Judicial Review

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

Last updated Apr 3, 2026|Official source

Summary

Primary next of kin or designated person may ask a U.S. district court to review findings under sections 1504, 1505, or 1509 only if they claim new information that could change the person’s status and was not considered in the administrative review. Review follows section 706 of title 5; appeals go to the court of appeals and the Supreme Court.

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 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60