50 U.S.C. § 4012 — Certificates of service; persons reported missing

FEDERAL · 50 U.S.C. · Chapter 50

Certificates of service; persons reported missing

Current through Pub. L. 119-102

Title 50 — War and National Defense·Ch. 50 — SERVICEMEMBERS CIVIL RELIEF·Subch. VI

(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 Secre

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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.

50 U.S.C. § 4012 (Certificates of service; persons reported missing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Oct. 17, 1940, ch. 888, title VI, §602, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2859.)

Editorial Notes

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.