50 U.S.C. § 4012: Certificates of service…

Summary

A certificate signed by the Secretary is accepted as basic proof in cases under this law. It can show seven kinds of facts: whether a person is or was in military service; when and where they entered service; their home when they entered; their rank, branch, and unit on entry; the full dates of service; the monthly pay at the time the certificate is made; and when and where they left service or died in service. The Secretary must give such a certificate if asked, and a certificate that looks signed is treated as valid. A service member reported missing is presumed to still be in service until they are found or accounted for. Any rule that starts or stops with the person’s death does not begin or end until the death is reported to the Secretary or proven by a court.

Title 50, §4012

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(a)Prima facie evidence

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)Certificates

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)Treatment of servicemembers in missing status

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