§4012 — Title 50 War and National Defense | U.S. Code

Summary

A certificate signed by the Secretary in charge is accepted as proof of seven facts about a person’s military service. Those include whether the person is or was in service; when and where they entered and left service; their home when they entered; their rank, branch, and unit on entry; the full dates of their service; and the monthly pay on the date of the certificate. The Secretary must give such a certificate when someone asks for it. A certificate that looks signed by the Secretary is treated as proof of what it says and of the Secretary’s authority to sign it. A service member reported missing is assumed to still be in the military until they are found or officially accounted for. Any rule that starts or stops when a service member dies does not start or stop until the Secretary in charge or a court is told of the death or decides it.

Title 50, §4012

War and National Defense — Source: USLM XML via OLRC

(a)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)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)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