§555. Secretarial review — Inbound Citations

Citations to 37 U.S.C. § 555 as a whole

• 10 U.S.C. § 701(f)

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  (f) A member who is in a missing status, as defined in section 551(2) of title 37, accumulates leave without regard to the limitations in subsections (b) and (e). Notwithstanding the death of a member while in a missing status, he continues to earn leave through the date—

  (1) the Secretary concerned receives evidence that the member is dead; or

  (2) that his death is prescribed or determined under section 555 of title 37.

  Leave accumulated while in missing status shall be accounted for separately. It may not be taken, but shall be paid for under section 501(h) of title 37. However, a member whose death is prescribed or determined under section 555 or 556 of title 37 may, in addition to leave accrued before entering a missing status, accrue not more than 150 days’ leave during the period he is in a missing status, unless his actual death occurs on a date when, had he lived, he would have accrued leave in excess of 150 days, in which event settlement will be made for the number of days accrued to the actual date of death. Leave so accrued in a missing status shall be accounted for separately and paid for under the provisions of section 501 of title 37.
• 10 U.S.C. § 701(f)(2)

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  (2) that his death is prescribed or determined under section 555 of title 37.
• 10 U.S.C. § 1524

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  For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under section 551–558 of title 37), the date of death is the date the Secretary concerned receives evidence that the person is dead, or the date the finding of death is made under section 555 of title 37.
• 37 U.S.C. § 552(b)(2)

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  (2) that his death is prescribed or determined under section 555 of this title or under chapter 76 of title 10.
• 37 U.S.C. § 552(e)

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  (e) A member in a missing status who is continued in that status under section 555 of this title or under chapter 76 of title 10 is entitled to be credited with pay and allowances under subsection (a).
• 37 U.S.C. § 553(f)

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  (f) When the Secretary concerned officially reports that a member in a missing status is alive, the payments of allotments authorized by subsections (a)–(d) may, subject to section 552 of this title, be made until the date on which, in a case covered by section 555 of this title, the Secretary concerned receives evidence, or, in a case covered by chapter 76 of title 10, the Secretary concerned determines pursuant to that chapter, that the member is dead or has returned to the controllable jurisdiction of the department concerned.
• 37 U.S.C. § 553(g)

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  (g) A member in a missing status who is continued in that status under section 555 of this title or under chapter 76 of title 10 is entitled to have the payments of allotments authorized by subsections (a)–(d) continued, increased, or initiated.
• 37 U.S.C. § 556(a)

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  (a) The Secretary concerned, or his designee, may make any determination necessary to administer this chapter and, when so made, it is conclusive as to—

  (1) death or finding of death;

  (2) the fact of dependency under this chapter;

  (3) the fact of dependency for the purpose of paying six months’ death gratuities authorized by law;

  (4) the fact of dependency under any other law authorizing the payment of pay, allowances, or other emoluments to enlisted members of the armed forces, when the payments are contingent on dependency;

  (5) any other status covered by this chapter;

  (6) an essential date, including one on which evidence or information is received by the Secretary concerned; and

  (7) whether information received concerning a member of a uniformed service is to be construed and acted on as an official report of death.

  Paragraphs (1), (5), (6), and (7) only apply with respect to a case to which section 555 of this title applies.
• 37 U.S.C. § 556(b)

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  (b) When the Secretary concerned, in a case to which section 555 of this title applies, receives information that he considers establishes conclusively the death of a member of a uniformed service, he shall, notwithstanding any earlier action relating to death or other status of the member, act on it as an official report of death. After the end of the 12-month period in a missing status prescribed by section 555 of this title, the Secretary concerned, or his designee, shall, when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that a member in a missing status is dead, make a finding of death.
• 37 U.S.C. § 556(h)

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  (h) For the sole purpose of determining pay under this section, a dependent of a member of a uniformed service on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section in a case to which section 555 of this title applies 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.
• 37 U.S.C. § 557(a)(1)

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  (1) a member of a uniformed service for whose account payments have been made under sections 552, 553, and 555 of this title; and