50 USC § 4012 - Certificates of service; persons reported missing

---
identifier: "/us/usc/t50/s4012"
source: "usc"
legal_status: "official_prima_facie"
title: "50 USC § 4012 - Certificates of service; persons reported missing"
title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
section_number: "4012"
section_name: "Certificates of service; persons reported missing"
chapter_number: 50
chapter_name: "SERVICEMEMBERS CIVIL RELIEF"
subchapter_number: "VI"
subchapter_name: "ADMINISTRATIVE REMEDIES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Oct. 17, 1940, ch. 888, title VI, § 602, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)"
---


# § 4012. Certificates of service; persons reported missing

**(a)** **Prima facie evidence** In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate:

**(1)** That a person named is, is not, has been, or has not been in military service.

**(2)** The time and the place the person entered military service.

**(3)** The person’s residence at the time the person entered military service.

**(4)** The rank, branch, and unit of military service of the person upon entry.

**(5)** The inclusive dates of the person’s military service.

**(6)** The monthly pay received by the person at the date of the certificate’s issuance.

**(7)** The time and place of the person’s termination of or release from military service, or the person’s death during military service.

**(b)** **Certificates** The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it.

**(c)** **Treatment of servicemembers in missing status** A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.

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**Source Credit**: (Oct. 17, 1940, ch. 888, title VI, § 602, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)

## Editorial Notes

### Codification

Section was formerly classified to section 582 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

### Prior Provisions

A prior section 602 of , art. VI, , related to revocation of interlocutory orders, prior to the general amendment of this Act by . See .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable to any case not final before , see , set out as a note under .