§581. Certificates of service; persons reported missing

(1) In any proceeding under this Act [sections 501 to 593 of this Appendix] a certificate signed by The Adjutant General of the Army as to persons in the Army or in any branch of the United States service while serving pursuant to law with the Army of the United States, signed by the Chief of Naval Personnel as to persons in the United States Navy or in any other branch of the United States service while serving pursuant to law with the United States Navy, and signed by the Commandant, United States Marine Corps, as to persons in the Marine Corps, or in any other branch of the United States service while serving pursuant to law with the Marine Corps, or signed by an officer designated by any of them, respectively, for the purpose, shall when produced be prima facie evidence as to any of the following facts stated in such certificate:

That a person named has not been, or is, or has been in military service; the time when and the place where such person entered military service, his residence at that time, and the rank, branch, and unit of such service that he entered, the dates within which he was in military service, the monthly pay received by such person at the date of issuing the certificate, the time when and the place where such person died in or was discharged from such service.

(2) It shall be the duty of the foregoing officers to furnish such certificate on application, and any such certificate when purporting to be signed by any one of such officers or by any person purporting upon the face of the certificates to have been so authorized shall be prima facie evidence of its contents and of the authority of the signer to issue the same.

(3) Where a person in military service has been reported missing he shall be presumed to continue in the service until accounted for, and no period herein limited which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the Department of Defense, or any court or board thereof, or until such death is found by a court of competent jurisdiction. No period herein limited which begins or ends with the death of such person shall be extended beyond a period of six months after the time when this Act [said sections] ceases to be in force.

(Oct. 17, 1940, ch. 888, art. VI, §601, 54 Stat. 1190 ; Jan. 20, 1942, ch. 10, §§1, 2, 56 Stat. 10 ; Pub. L. 102–12, §9(26), Mar. 18, 1991, 105 Stat. 41 .)

References in Text

The time when this Act ceases to be in force, referred to in subsec. (3), is defined in section 584 of this Appendix.

Amendments

1991-Par. (1). Pub. L. 102–12, §9(26)(A), substituted "Chief of Naval Personnel" for "Chief of the Bureau of Navigation of the Navy Department".

Par. (3). Pub. L. 102–12, §9(26)(B)(i), which directed the substitution of "Department of Defense" for "Department of War or the Navy", was executed by making the substitution for "Department of War or Navy" to reflect the probable intent of Congress.

Pub. L. 102–12, §9(26)(B)(ii), substituted "jurisdiction. No" for "jurisdiction: Provided, That no".

1942-Act Jan. 20, 1942, changed "Major General Commandant of the Marine Corps" to "Commandant of the Marine Corps".