
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1507]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                       CHAPTER 76--MISSING PERSONS
 
Sec. 1507. Recommendation of status of death

    (a) Requirements Relating to Recommendation.--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 government 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 certification by a forensic pathologist that 
    the body recovered is that of the missing person. In determining 
    whether to make such a certification, the forensic pathologist shall 
    consider, as determined necessary by the Secretary of the military 
    department concerned, additional evidence and information provided 
    by appropriate specialists in forensic medicine or other appropriate 
    medical sciences.

(Added Pub. L. 104-106, div. A, title V, Sec. 569(b)(1), Feb. 10, 1996, 
110 Stat. 347; amended Pub. L. 104-201, div. A, title V, Sec. 578(e), 
Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105-85, div. A, title V, 
Sec. 599(c), Nov. 18, 1997, 111 Stat. 1768.)


                               Amendments

    1997--Subsec. (b)(3), (4). Pub. L. 105-85 added pars. (3) and (4).
    1996--Subsec. (b)(3), (4). Pub. L. 104-201 struck out pars. (3) and 
(4) which read as follows:
    ``(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 certification by a practitioner of an appropriate 
forensic science that the body recovered is that of the missing 
person.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1503, 1504 of this title.
