§ 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.
    • (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.