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LegalText 50 U.S.C. § 4012 Certificates of service; persons reported missing us united_states_code code_section 50 WAR AND NATIONAL DEFENSE 50 SERVICEMEMBERS CIVIL RELIEF 4012 50 U.S.C. § 4012 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip /us/usc/t50/s4012 data/legal/raw/us/code/title-50/usc50.xml 5b044c5c63f9ec6d2d5b0d7b920674ec31813ab3464c112b665374fe805013b8 708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac 2f7fd803c24924212580658bc83e44a5ab385449ab318163870fb64a257ffb1d 2026-07-04 official
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50 U.S.C. § 4012 - Certificates of service; persons reported missing

Text

(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 persons 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 persons military service.

(6) The monthly pay received by the person at the date of the certificates issuance.

(7) The time and place of the persons termination of or release from military service, or the persons 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 signers 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 servicemembers 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. 108189, § 1, Dec. 19, 2003, 117 Stat. 2859.)

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 ProvisionsA 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. 108189. See section 4013 of this title.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108189, set out as a note under section 3901 of this title.