Arkansas Legal Resource Navigator

10 U.S.C. § 1508 — Judicial review

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

10 U.S.C. § 1508 — Judicial review

**(a) Right of Review.—** A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim). **(b) Findings for Which Judicial Review May Be Sought.—** Subsection (a) applies to the following findings: (1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead. (2) A finding by a board appointed under [section 1509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1509&num=0&edition=prelim) that confirms that a missing person formerly declared dead is in fact dead. **(c) Subsequent Review.—** Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1508

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 7f5630d61e8a4f875c5c0b814f452dd35135fe5d9a22d36fd81eac5427903a8b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_f230305f3edd15963ea0b1f4
Source file: Laws/federal/codes/united-states-code/title-10/section-1508-judicial-review--805f066f99.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2945fa76767cb90d2a285c64baa18534540f47356ab0fca0ab82ecfaa445eb5f

Source location: Title 10, Chapter 76, § 1508; chapter-076-missing-persons.md

Stored source content

**(a) Right of Review.—** A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim). **(b) Findings for Which Judicial Review May Be Sought.—** Subsection (a) applies to the following findings: (1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead. (2) A finding by a board appointed under [section 1509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1509&num=0&edition=prelim) that confirms that a missing person formerly declared dead is in fact dead. **(c) Subsequent Review.—** Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

10 U.S.C. § 1509 — Program to resolve missing person cases

**(a) Program Required; Covered Conflicts.—** The Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of [section 1513(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1513/1&num=0&edition=prelim) who are unaccounted for from the following conflicts: (1) World War II during the period beginning on December 7, 1941, and ending on December 31, 1946, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; [10 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1501&num=0&edition=prelim) note). (2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991. (3) The Korean War during the period beginning on June 27, 1950, and ending on January 31, 1955. (4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975. (5) The Persian Gulf War during the period beginning on August 2, 1990, and ending on February 28, 1991. (6) Such other conflicts in which members of the armed forces served as the Secretary of Defense may designate. **(b) Implementation.—** (1) The Secretary of Defense shall implement the program within the Department of Defense through the designated Agency Director. (2) (A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall inc

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1509

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 706 — Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 706

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 1508 — Judicial review

Page 1430 TITLE 10—ARMED FORCES § 1507 of a missing person shall be fined as provided in title 18 or imprisoned not more than one year, or both.’’ § 1507. Recommendation of status of death (a) REQUIREMENTS RELATING TO RECOMMENDA- TION.—A board appointed under section 1503, 1504, or 1505 of this title may not recommend that a person be declared dead unless— (1) credible evidence exists to suggest that the person is dead; (2) the United States possesses no credible evidence that suggests that the person is alive; and (3) representatives of the United States— (A) have made a complete search of the area where the person was last seen (unless, after making a good faith effort to obtain access to such area, such representatives are not granted such access); and (B) have examined the records of the gov- ernment or entity having control over the area where the person was last seen (unless, after making a good faith effort to obtain access to such records, such representatives are not granted such access). (b) SUBMITTAL OF INFORMATION ON DEATH.—If a board appointed under section 1503, 1504, or 1505 of this title makes a recommendation that a missing person be declared dead, the board shall include in the report of the board with respect to the person under that section the following: (1) A detailed description of the location where the death occurred. (2) A statement of the date on which the death occurred. (3) A description of the location of the body, if recovered. (4) If the body has been recovered and is not identifiable through visual means, a certifi- cation by a forensic pathologist that the body recovered is that of the missing person. In de- termining whether to make such a certifi- cation, the forensic pathologist shall consider, as det

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1508

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.