{"identifier":"/us/usc/t50/s4012","title":50,"num":"\u00a7\u202f4012.","heading":"Certificates of service; persons reported missing","text":"\u00a7\u202f4012.\nCertificates of service; persons reported missing\n(a)\nPrima facie evidence\nIn 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:\n(1) That a person named is, is not, has been, or has not been in military service.\n(2) The time and the place the person entered military service.\n(3) The person\u2019s residence at the time the person entered military service.\n(4) The rank, branch, and unit of military service of the person upon entry.\n(5) The inclusive dates of the person\u2019s military service.\n(6) The monthly pay received by the person at the date of the certificate\u2019s issuance.\n(7) The time and place of the person\u2019s termination of or release from military service, or the person\u2019s death during military service.\n(b)\nCertificates\nThe 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\u2019s authority to issue it.\n(c)\nTreatment of servicemembers in missing status\nA 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\u2019s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.","url":"https://projectusc.org/usc/t50/s4012.html","content":[{"t":"sec","id":"/us/usc/t50/s4012","children":[{"t":"num","text":"\u00a7\u202f4012."},{"t":"heading","text":"Certificates of service; persons reported missing"},{"t":"subsec","id":"/us/usc/t50/s4012/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Prima facie evidence"},{"t":"chapeau","text":"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:"},{"t":"para","id":"/us/usc/t50/s4012/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" That a person named is, is not, has been, or has not been in military service.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4012/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The time and the place the person entered military service.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4012/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The person\u2019s residence at the time the person entered military service.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4012/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The rank, branch, and unit of military service of the person upon entry.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4012/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The inclusive dates of the person\u2019s military service.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4012/a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The monthly pay received by the person at the date of the certificate\u2019s issuance.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s4012/a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The time and place of the person\u2019s termination of or release from military service, or the person\u2019s death during military service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s4012/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Certificates"},{"t":"content","children":[{"t":"p","text":"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\u2019s authority to issue it.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s4012/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Treatment of servicemembers in missing status"},{"t":"content","children":[{"t":"p","text":"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\u2019s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}