---
kind: "section"
citation: "10 U.S.C. § 1504"
title: "10"
title_heading: "Armed Forces"
number: "1504"
heading: "Subsequent board of inquiry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1504"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 76 — Missing Persons"
---

# §1504. Subsequent board of inquiry

- (a) **Additional Board.—** If information that may result in a change of status of a [person](/usc/10/2700.md?p=2) covered by a determination under [section 1503(i) of this title](/usc/10/1503.md?p=i) becomes available within one year after the date of the transmission of a report with respect to the [person](/usc/10/2700.md?p=2) under [section 1502(a)(2) of this title](/usc/10/1502.md?p=a-2), the [Secretary concerned](/usc/10/2801.md?p=c-5) shall appoint a board under this section to conduct an inquiry into the information.
- (b) **Date of Appointment.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) shall appoint a board under this section to conduct an inquiry into the whereabouts and status of a [missing person](/usc/10/1513.md?p=1) on or about one year after the date of the transmission of a report concerning the [person](/usc/10/2700.md?p=2) under [section 1502(a)(2) of this title](/usc/10/1502.md?p=a-2).
- (c) **Combined Inquiries.—** If it appears to the [Secretary concerned](/usc/10/2801.md?p=c-5) that the absence or status of two or more [persons](/usc/10/2700.md?p=2) is factually related, the [Secretary](/usc/10/4951.md?p=3) may appoint one board under this section to conduct the inquiry into the whereabouts and status of such [persons](/usc/10/2700.md?p=2).
- (d) **Composition.—**
  - (1) A board appointed under this section shall be composed of at least three members as follows:
    - (A) In the case of a board that will inquire into the whereabouts and status of one or more members of the [armed forces](/usc/10/101.md?p=a-4) (and no civilians described in [subparagraph (B)](#d-1-B)), the board shall be composed of [officers](/usc/10/101.md?p=b-1) having the [grade](/usc/10/101.md?p=b-7) of major or lieutenant commander or above.
    - (B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense or contractors of the [Department](/usc/10/101.md?p=a-6) of Defense (and no members of the [armed forces](/usc/10/101.md?p=a-4)), the board shall be composed of—
      - (i) not less than three employees of the [Department](/usc/10/101.md?p=a-6) of Defense whose [rate](/usc/10/101.md?p=b-9) of annual [pay](/usc/10/101.md?p=a-15) is equal to or greater than the [rate](/usc/10/101.md?p=b-9) of annual [pay](/usc/10/101.md?p=a-15) payable for [grade](/usc/10/101.md?p=b-7) GS–13 of the General Schedule under [section 5332 of title 5](/usc/5/5332.md); and
      - (ii) such members of the [armed forces](/usc/10/101.md?p=a-4) as the [Secretary](/usc/10/4951.md?p=3) considers advisable.
    - (C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the [armed forces](/usc/10/101.md?p=a-4) and one or more civilians described in [subparagraph (B)](#d-1-B)—
      - (i) the board shall include at least one [officer](/usc/10/101.md?p=b-1) described in [subparagraph (A)](#d-1-A) and at least one employee of the [Department](/usc/10/101.md?p=a-6) of Defense described in [subparagraph (B)(i)](#d-1-B-i); and
      - (ii) the ratio of such [officers](/usc/10/101.md?p=b-1) to such employees on the board shall be roughly proportional to the ratio of the number of members of the [armed forces](/usc/10/101.md?p=a-4) who are subjects of the board’s inquiry to the number of civilians who are subjects of the board’s inquiry.
  - (2) The [Secretary concerned](/usc/10/2801.md?p=c-5) shall designate one member of a board appointed under this section as president of the board. The president of the board shall have a security clearance that affords the president access to all information relating to the whereabouts and status of each [person](/usc/10/2700.md?p=2) covered by the inquiry.
  - (3) One member of each board appointed under this subsection shall be an individual who—
    - (A) has an occupational specialty similar to that of one or more of the [persons](/usc/10/2700.md?p=2) covered by the inquiry; and
    - (B) has an understanding of and expertise in the type of official activities that one or more such [persons](/usc/10/2700.md?p=2) were engaged in at the time such [person](/usc/10/2700.md?p=2) or [persons](/usc/10/2700.md?p=2) disappeared.
  - (4) The [Secretary](/usc/10/4951.md?p=3) who appoints a board under this subsection shall, for purposes of providing legal counsel to the board, assign to the board a [judge advocate](/usc/10/801.md?p=13), or appoint to the board an attorney, with the same qualifications as specified in [section 1503(c)(4) of this title](/usc/10/1503.md?p=c-4).
- (e) **Duties of Board.—** A board appointed under this section to conduct an inquiry into the whereabouts and status of a [person](/usc/10/2700.md?p=2) shall—
  - (1) review the reports with respect to the [person](/usc/10/2700.md?p=2) transmitted under [section 1502(a)(2) of this title](/usc/10/1502.md?p=a-2) and submitted under [section 1503(h) of this title](/usc/10/1503.md?p=h);
  - (2) collect and evaluate any document, fact, or other evidence with respect to the whereabouts and status of the [person](/usc/10/2700.md?p=2) that has become available since the determination of the status of the [person](/usc/10/2700.md?p=2) under [section 1503 of this title](/usc/10/1503.md);
  - (3) draw conclusions as to the whereabouts and status of the [person](/usc/10/2700.md?p=2);
  - (4) determine on the basis of the activities under paragraphs [(1)](#e-1) and [(2)](#e-2) whether the status of the [person](/usc/10/2700.md?p=2) should be continued or changed; and
  - (5) submit to the [Secretary concerned](/usc/10/2801.md?p=c-5) a report describing the findings and conclusions of the board, together with a recommendation for a determination by the [Secretary](/usc/10/4951.md?p=3) concerning the whereabouts and status of the [person](/usc/10/2700.md?p=2).
- (f) **Counsel for Missing Persons.—**
  - (1) When the [Secretary concerned](/usc/10/2801.md?p=c-5) appoints a board to conduct an inquiry under this section, the [Secretary](/usc/10/4951.md?p=3) shall appoint counsel to represent each [person](/usc/10/2700.md?p=2) covered by the inquiry. The identity of counsel appointed under this paragraph for a [missing person](/usc/10/1513.md?p=1) shall be made known to the [missing person](/usc/10/1513.md?p=1)’s [primary next of kin](/usc/10/1513.md?p=4) and any other [previously designated person](/usc/10/1513.md?p=6) of the [person](/usc/10/2700.md?p=2).
  - (2) A [person](/usc/10/2700.md?p=2) appointed as counsel under this subsection shall meet the qualifications and have the duties set forth in [section 1503(f) of this title](/usc/10/1503.md?p=f) for a [missing person](/usc/10/1513.md?p=1)’s counsel appointed under that section.
  - (3) The review of the report of a board on an inquiry that is submitted by such counsel shall be made an official part of the [record](/usc/10/801.md?p=14) of the board with respect to the inquiry.
- (g) **Attendance of Family Members and Certain Other Interested Persons at Proceedings.—**
  - (1) With respect to any [person](/usc/10/2700.md?p=2) covered by an inquiry under this section, the [primary next of kin](/usc/10/1513.md?p=4), other members of the immediate family, and any other [previously designated person](/usc/10/1513.md?p=6) of the [person](/usc/10/2700.md?p=2) may attend the proceedings of the board during the inquiry.
  - (2) The [Secretary concerned](/usc/10/2801.md?p=c-5) shall take reasonable actions to notify each individual referred to in [paragraph (1)](#g-1) of the opportunity to attend the proceedings of a board. Such notice shall be provided not less than 60 days before the first meeting of the board.
  - (3) An individual who receives notice under [paragraph (2)](#g-2) shall notify the [Secretary](/usc/10/4951.md?p=3) of the intent, if any, of that individual to attend the proceedings of the board not later than 21 days after the date on which the individual receives the notice.
  - (4) Each individual who notifies the [Secretary](/usc/10/4951.md?p=3) under [paragraph (3)](#g-3) of the individual’s intent to attend the proceedings of the board—
    - (A) in the case of an individual who is the [primary next of kin](/usc/10/1513.md?p=4) or the [previously designated person](/usc/10/1513.md?p=6), may attend the proceedings of the board with private counsel;
    - (B) shall have access to the personnel file of the [missing person](/usc/10/1513.md?p=1), to unclassified reports, if any, of the board appointed under [section 1503 of this title](/usc/10/1503.md) to conduct the inquiry into the whereabouts and status of the [person](/usc/10/2700.md?p=2), and to any other unclassified information or documents relating to the whereabouts and status of the [person](/usc/10/2700.md?p=2);
    - (C) shall be afforded the opportunity to present information at the proceedings of the board that such individual considers to be relevant to those proceedings; and
    - (D) subject to [paragraph (5)](#g-5), shall be given the opportunity to submit in writing an objection to any recommendation of the board under [subsection (i)](#i) as to the status of the [missing person](/usc/10/1513.md?p=1).
  - (5)
    - (A) Individuals who wish to file objections under [paragraph (4)(D)](#g-4-D) to any recommendation of the board shall—
      - (i) submit a letter of intent to the president of the board not later than 15 days after the date on which the recommendations are made; and
      - (ii) submit to the president of the board the objections in writing not later than 30 days after the date on which the recommendations are made.
    - (B) The president of a board shall include any objections to a recommendation of the board that are submitted to the president of the board under [subparagraph (A)](#g-5-A) in the report of the board containing the recommendation under [subsection (i)](#i).
  - (6) An individual referred to in [paragraph (1)](#g-1) who attends the proceedings of a board under this subsection shall not be entitled to reimbursement by the [United States](/usc/10/101.md?p=a-1) for any costs (including travel, lodging, meals, local transportation, legal fees, transcription costs, witness expenses, and other expenses) incurred by that individual in attending such proceedings.
- (h) **Availability of Information to Boards.—**
  - (1) In conducting proceedings in an inquiry under this section, a board may secure directly from any [department](/usc/10/101.md?p=a-6) or [agency](/usc/10/3451.md?p=3) of the [United States](/usc/10/101.md?p=a-1) any information that the board considers necessary in order to conduct the proceedings.
  - (2) Upon written request from the president of a board, the head of a [department](/usc/10/101.md?p=a-6) or [agency](/usc/10/3451.md?p=3) of the [United States](/usc/10/101.md?p=a-1) shall [release](/usc/10/2700.md?p=2) information covered by the request to the board. In releasing such information, the head of the [department](/usc/10/101.md?p=a-6) or [agency](/usc/10/3451.md?p=3) shall—
    - (A) declassify to an appropriate degree [classified information](/usc/10/801.md?p=15); or
    - (B) [release](/usc/10/2700.md?p=2) the information in a manner not requiring the [removal](/usc/10/2700.md?p=2) of markings indicating the classified nature of the information.
  - (3)
    - (A) If a request for information under [paragraph (2)](#h-2) covers [classified information](/usc/10/801.md?p=15) that cannot be declassified, or if the classification markings cannot be removed before [release](/usc/10/2700.md?p=2) from the information covered by the request, or if the material cannot be summarized in a manner that prevents the [release](/usc/10/2700.md?p=2) of [classified information](/usc/10/801.md?p=15), the [classified information](/usc/10/801.md?p=15) shall be made available only to the president of the board making the request and the counsel for the [missing person](/usc/10/1513.md?p=1) appointed under [subsection (f)](#f).
    - (B) The president of a board shall close to [persons](/usc/10/2700.md?p=2) who do not have appropriate security clearances the proceeding of the board at which [classified information](/usc/10/801.md?p=15) is discussed. Participants at a proceeding of a board at which [classified information](/usc/10/801.md?p=15) is discussed shall comply with all applicable laws and regulations relating to the disclosure of [classified information](/usc/10/801.md?p=15). The [Secretary concerned](/usc/10/2801.md?p=c-5) shall assist the president of a board in ensuring that [classified information](/usc/10/801.md?p=15) is not compromised through board proceedings.
- (i) **Recommendation on Status.—**
  - (1) Upon completion of an inquiry under this section, a board shall make a recommendation as to the current whereabouts and status of each [missing person](/usc/10/1513.md?p=1) covered by the inquiry.
  - (2) A board may not recommend under [paragraph (1)](#i-1) that a [person](/usc/10/2700.md?p=2) be declared dead unless in making the recommendation the board complies with [section 1507 of this title](/usc/10/1507.md).
- (j) **Report.—** A board appointed under this section shall submit to the [Secretary concerned](/usc/10/2801.md?p=c-5) a report on the inquiry carried out by the board, together with the evidence considered by the board during the inquiry. The report may include a classified annex.
- (k) **Actions by Secretary Concerned.—**
  - (1) Not later than 30 days after the receipt of a report from a board under [subsection (j)](#j), the [Secretary](/usc/10/4951.md?p=3) shall review—
    - (A) the report;
    - (B) the review of the report submitted to the [Secretary](/usc/10/4951.md?p=3) under [subsection (f)(3)](#f-3) by the counsel for each [person](/usc/10/2700.md?p=2) covered by the report; and
    - (C) the objections, if any, to the report submitted to the president of the board under [subsection (g)(5)](#g-5).
  - (2) In reviewing a report under [paragraph (1)](#k-1) (including the objections described in [subparagraph (C)](#k-1-C) of that paragraph), the [Secretary concerned](/usc/10/2801.md?p=c-5) shall determine whether or not the report is complete and free of administrative error. If the [Secretary](/usc/10/4951.md?p=3) determines that the report is incomplete, or that the report is not free of administrative error, the [Secretary](/usc/10/4951.md?p=3) may return the report to the board for further action on the report by the board.
  - (3) Upon a determination by the [Secretary](/usc/10/4951.md?p=3) that a report reviewed under this subsection is complete and free of administrative error, the [Secretary](/usc/10/4951.md?p=3) shall make a determination concerning the status of each [person](/usc/10/2700.md?p=2) covered by the report.
- (l) **Report to Family Members and Other Interested Persons.—** Not later than 60 days after the date on which the [Secretary concerned](/usc/10/2801.md?p=c-5) makes a determination with respect to a [missing person](/usc/10/1513.md?p=1) under [subsection (k)](#k), the [Secretary](/usc/10/4951.md?p=3) shall—
  - (1) provide the report reviewed by the [Secretary](/usc/10/4951.md?p=3) in making the determination to the [primary next of kin](/usc/10/1513.md?p=4), the other members of the immediate family, and any other [previously designated person](/usc/10/1513.md?p=6) of the [person](/usc/10/2700.md?p=2); and
  - (2) in the case of a [person](/usc/10/2700.md?p=2) who continues to be in a [missing status](/usc/10/1513.md?p=2), inform each individual referred to in [paragraph (1)](#l-1) that the [United States](/usc/10/101.md?p=a-1) will conduct a further investigation into the whereabouts and status of the [person](/usc/10/2700.md?p=2) as specified in [section 1505 of this title](/usc/10/1505.md).
- (m) **Treatment of Determination.—** Any determination of the status of a [missing person](/usc/10/1513.md?p=1) under [subsection (k)](#k) shall supersede the determination of the status of the [person](/usc/10/2700.md?p=2) under [section 1503 of this title](/usc/10/1503.md) and shall be treated as the determination of the status of the [person](/usc/10/2700.md?p=2) by all [departments](/usc/10/101.md?p=a-6) and [agencies](/usc/10/3451.md?p=3) of the [United States](/usc/10/101.md?p=a-1).

## Source credit

(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 341; amended Pub. L. 104–201, div. A, title V, § 578(a)(3), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, div. A, title V, § 599(a)(3), (d)(1), title X, § 1073(a)(30), Nov. 18, 1997, 111 Stat. 1767, 1769, 1902.)

## Notes

### Editorial Notes

### Amendments

1997—Subsec. (d)(1). Pub. L. 105–85, § 599(a)(3)(A), substituted “as follows:” and subpars. (A) to (C) for “who are officers having the grade of major or lieutenant commander or above.”

Subsec. (d)(4). Pub. L. 105–85, § 599(a)(3)(B), substituted “section 1503(c)(4)” for “section 1503(c)(3)”.

Subsec. (f)(1). Pub. L. 105–85, § 599(d)(1), inserted at end “The identity of counsel appointed under this paragraph for a missing person shall be made known to the missing person’s primary next of kin and any other previously designated person of the person.”

Subsec. (i)(1). Pub. L. 105–85, § 1073(a)(30), substituted “this section” for “this subsection”.

1996—Subsec. (d)(1). Pub. L. 104–201, § 578(a)(3)(A), added text of par. (1) and struck out former text of par. (1) which read as follows: “A board appointed under this section shall be composed of at least three members as follows:

“(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above.

“(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of—

“(i) not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS–13 of the General Schedule under section 5332 of title 5; and

“(ii) such members of the armed forces as the Secretary considers advisable.

“(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians described in subparagraph (B)—

“(i) the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and

“(ii) the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board’s inquiry to the number of civilians who are subjects of the board’s inquiry.”

Subsec. (d)(4). Pub. L. 104–201, § 578(a)(3)(B), substituted “section 1503(c)(3)” for “section 1503(c)(4)”.