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37 U.S.C. § 555 — Secretarial review

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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Stable record: federal_law:legal_authorities:record_usc_d89ad14de13fb83a8aeca655
Source file: Laws/federal/codes/united-states-code/title-37/section-555-secretarial-review--00cd0a5c07.md
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Source location: Title 37, Chapter 10, § 555; chapter-010-payments-to-missing-persons.md

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

37 U.S.C. § 552 — Pay and allowances; continuance while in a missing status; limitations

**(a)** A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is— (1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and (2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or [section 351(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a/2&num=0&edition=prelim) so as to entitle him to a continuance of that pay. However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding [section 1523 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1523&num=0&edition=prelim) or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes. **(b)** The expiration of a member’s term of service while he is in a missing status does not end his entitlement to pay and allowances under subsection (a). Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) ends on the date— (1) the Secretary concerned receives evidence that the member is dead; or (2) that his death is prescribed or d

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

10 U.S.C. § 1502 — Missing persons: initial report

**(a) Preliminary Assessment and Recommendation by Commander.—** After receiving information that the whereabouts and status of a person described in [section 1501(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/c&num=0&edition=prelim) is uncertain and that the absence of the person may be involuntary, the commander of the unit, facility, or area to or in which the person is assigned shall make a preliminary assessment of the circumstances. If, as a result of that assessment, the commander concludes that the person is missing, the commander shall— (1) recommend that the person be placed in a missing status; and (2) not later than 10 days after receiving such information, transmit a report containing that recommendation to the Secretary concerned in accordance with procedures prescribed under [section 1501(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501/b&num=0&edition=prelim). **(b) Transmission of Advisory Copy to Theater Component Commander.—** When transmitting a report under subsection (a)(2) recommending that a person be placed in a missing status, the commander transmitting that report shall transmit an advisory copy of the report to the theater component commander with jurisdiction over the missing person. **(c) Safeguarding and Forwarding of Records.—** A commander making a preliminary assessment under subsection (a) with respect to a missing person shall (in accordance with procedures prescribed under [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim)) safeguard and forward for official use any information relating to the whereabouts and status of the missing person that result

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

10 U.S.C. § 701 — Entitlement and accumulation

**(a)** A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of— (1) absence from duty without leave; (2) absence over leave; (3) confinement as the result of a sentence of a court-martial; and (4) leave required to be taken under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim). Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section. **(b)** Except as provided in subsections (e) and (f), a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation. **(c)** A member who retired after August 9, 1946, who is continued on, or is recalled to active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement. **(d)** Leave taken before discharge is considered to be active service. **(e)** (1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave. (2) A member described in this paragraph is a member who— (A) (i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under [sect

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

37 U.S.C. § 553 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations

**(a)** Notwithstanding the end of the period for which it was made, an allotment, including one for the purchase of United States savings bonds, made by a member of a uniformed service before he was in a missing status may be continued for the period he is 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). **(b)** When there is no allotment in effect, or when it is insufficient for a purpose authorized by the Secretary concerned, he, or his designee, may authorize new allotments or increases in allotments that are warranted by the circumstances and payable for the period the member is 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). **(c)** The total of all allotments from the pay and allowances of a member in a missing status may not be more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the Secretary concerned. **(d)** A premium paid by the United States on insurance issued on the life of a member which is unearned because it covers a period after his death reverts to the appropriation of the department concerned. **(e)** Subject to subsections (f) and (g), the Secretary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of a member entitled to pay and allowances under [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 553

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

37 U.S.C. § 556 — Secretarial determinations

**(a)** The Secretary concerned, or his designee, may make any determination necessary to administer this chapter and, when so made, it is conclusive as to— (1) death or finding of death; (2) the fact of dependency under this chapter; (3) the fact of dependency for the purpose of paying six months’ death gratuities authorized by law; (4) the fact of dependency under any other law authorizing the payment of pay, allowances, or other emoluments to enlisted members of the armed forces, when the payments are contingent on dependency; (5) any other status covered by this chapter; (6) an essential date, including one on which evidence or information is received by the Secretary concerned; and (7) whether information received concerning a member of a uniformed service is to be construed and acted on as an official report of death. Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) applies. **(b)** When the Secretary concerned, in a case to which [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim) applies, receives information that he considers establishes conclusively the death of a member of a uniformed service, he shall, notwithstanding any earlier action relating to death or other status of the member, act on it as an official report of death. After the end of the 12-month period in a missing status prescribed by [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim), the Secretary concerned, or his designee, shall, when he considers that the information received

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

37 U.S.C. § 555 — Secretarial review

Page 222 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 554 Editorial Notes AMENDMENTS 1996—Subsec. (f). Pub. L. 104–106, § 569(c)(3)(A), sub- stituted ‘‘the date on which, in a case covered by sec- tion 555 of this title, the Secretary concerned receives evidence, or, in a case covered by chapter 76 of title 10, the Secretary concerned determines pursuant to that chapter, that’’ for ‘‘the date the Secretary concerned receives evidence that’’. Subsec. (g). Pub. L. 104–106, § 569(c)(3)(B), inserted ‘‘or under chapter 76 of title 10’’ after ‘‘section 555 of this title’’. 1991—Subsecs. (e) to (g). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsections (f) and (g)’’ in subsec. (e) and after ‘‘subsections (a)–(d)’’ in subsecs. (f) and (g). [§ 554. Renumbered § 484] § 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 has been in a missing status, and the official report of his death or of the circumstances of his ab- sence 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 re- viewed. 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 war- ranted by information received or other cir- cumstances, the Secretary concerned, or his des- ignee, may— (1) if the member can reasonably be pre- sumed 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 sub- section (a), it shall include the date death is pre- sumed to have occurred for the purpose of— (1) ending the crediting of pay and allow- ance

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