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10 U.S.C. § 1524 — Posthumous commissions and warrants: determination of date of death

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1524 — Posthumous commissions and warrants: determination of date of death

For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under [section 551–558 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551–558&num=0&edition=prelim), the date of death is the date the Secretary concerned receives evidence that the person is dead, or the date the finding of death is made under [section 555 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-10/section-1524-posthumous-commissions-and-warrants-determination-of-date-of-death--23c24347a6.md
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Source location: Title 10, Chapter 77, § 1524; chapter-077-posthumous-commissions-and-warrants.md

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 555 — Secretarial review

**(a)** Except as provided in subsection (d), when a member of a uniformed service entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section552&num=0&edition=prelim) has been in a missing status, and the official report of his death or of the circumstances of his absence has not been received by the Secretary concerned, he shall, before the end of a 12-month period in that status, have the case fully reviewed. After that review and the end of the 12-month period in a missing status, or after a later review which shall be made when warranted by information received or other circumstances, the Secretary concerned, or his designee, may— (1) if the member can reasonably be presumed to be living, direct a continuance of his missing status; or (2) make a finding of death. **(b)** When a finding of death is made under subsection (a), it shall include the date death is presumed to have occurred for the purpose of— (1) ending the crediting of pay and allowances; (2) settlement of accounts; and (3) payment of death gratuities. That date is— (A) the day after the day on which the 12-month period in a missing status ends; or (B) if the missing status has been continued under subsection (a), the day determined by the Secretary concerned, or his designee. **(c)** For the sole purpose of determining status under this section, a dependent of a member on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. **(d)** This

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1521 — Posthumous commissions

**(a)** The President may issue, or have issued, an appropriate commission in the name of a member of the armed forces who, after September 8, 1939— (1) was appointed to a commissioned grade but was unable to accept the appointment because of death; (2) successfully completed the course at an officers’ training school and was recommended for appointment to a commissioned grade by the commanding officer or officer in charge of the school but was unable to accept the appointment because of death; or (3) was officially recommended for appointment or promotion to a commissioned grade but was unable to accept the promotion or appointment because of death. **(b)** A commission issued under subsection (a) shall issue as of the date of the appointment, recommendation, or official recommendation, as the case may be, and the member’s name shall be carried on the records of the military or executive department concerned as if he had served in the grade, and branch if any, in which posthumously commissioned, from the date of the appointment, recommendation, or official recommendation to the date of his death. **(c)** A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1524 — Posthumous commissions and warrants:

Page 1435 TITLE 10—ARMED FORCES § 1524 § 12(b), Nov. 2, 1966, 80 Stat. 1117. See section 1524 of this title. Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under sub- sec. (a) of this section, see sections 1(a) and 2(a) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President. § 1522. Posthumous warrants (a) The Secretary concerned may issue, or have issued, an appropriate warrant in the name of a member of the armed forces who, after Sep- tember 8, 1939, was officially recommended for appointment or promotion to a grade other than a commissioned grade but was unable to accept the appointment or promotion because of death. (b) A warrant issued under subsection (a) shall issue as of the date of the recommendation, and the member’s name shall be carried on the records of the military or executive department concerned as if he had served in the grade to which posthumously appointed or promoted from the date of the recommendation to the date of his death. (c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade. (Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 110–417, [div. A], title V, § 502(b), Oct. 14, 2008, 122 Stat. 4433.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1522(a) ..... 10:612 (words before semi- colon). 34:285e (words before semicolon). July 28, 1942, ch. 528, § 4, 56 Stat. 723; July 17, 1953, ch. 220, § 1 (a)–(d), 67 Stat. 176. 1522(b) ..... 10:612 (words after semi

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