TITLE VI—ADMINISTRATIVE REMEDIES

Prior Provisions

A prior section 580, acts Oct. 17, 1940, ch. 888, art. VI, §600, 54 Stat. 1190; Pub. L. 102–12, §9(25), Mar. 18, 1991, 105 Stat. 41, related to transfers to take advantage of this Act, prior to the general amendment of this Act by Pub. L. 108–189. See section 581 of this Appendix.

§581. Inappropriate use of Act

If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this Act [sections 501 to 515 and 516 to 597b of this Appendix], the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.

(Oct. 17, 1940, ch. 888, title VI, §601, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2859.)

Prior Provisions

A prior section 581, acts 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, related to certificates of service and persons reported missing, prior to the general amendment of this Act by Pub. L. 108–189. See section 582 of this Appendix.

§582. Certificates of service; persons reported missing

(a) Prima facie evidence

In any proceeding under this Act [sections 501 to 515 and 516 to 597b of this Appendix], 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 Act [sections 501 to 515 and 516 to 597b of this Appendix] 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.

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

Prior Provisions

A prior section 582, act Oct. 17, 1940, ch. 888, art. VI, §602, 54 Stat. 1191, related to revocation of interlocutory orders, prior to the general amendment of this Act by Pub. L. 108–189. See section 583 of this Appendix.

§583. Interlocutory orders

An interlocutory order issued by a court under this Act [sections 501 to 515 and 516 to 597b of this Appendix] may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.

(Oct. 17, 1940, ch. 888, title VI, §603, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2860.)

Prior Provisions

Prior sections 583 to 585 were omitted in the general amendment of this Act by Pub. L. 108–189.

Section 583, act Oct. 17, 1940, ch. 888, art. VI, §603, 54 Stat. 1191, related to separability.

Section 584, acts Oct. 17, 1940, ch. 888, art. VI, §604, 54 Stat. 1191; Pub. L. 102–12, §9(27), Mar. 18, 1991, 105 Stat. 41, related to termination date.

Section 585, act Oct. 17, 1940, ch. 888, art. VI, §605, 54 Stat. 1191, related to the inapplicability of the Soldiers' and Sailors' Relief Act of 1918 (section 101 et seq. of this Appendix), to military service performed after Oct. 17, 1940.