37 U.S.C. § 555 : US Code - Section 555: Secretarial review

Search 37 U.S.C. § 555 : US Code - Section 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 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 section does not apply in a case to which section 1502
of title 10 applies.