[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR718.1]

[Page 192-193]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 718_MISSING PERSONS ACT--Table of Contents
 
Sec. 718.1  General provisions.




Sec.
718.1 General provisions.
718.2 Allotments.
718.3 Transportation of dependents.
718.4 Delegations.


    (a) Under the provisions of the Missing Persons Act, as amended, a 
finding

[[Page 193]]

of presumptive death is made by the Secretary of the Navy when a survey 
of all available sources of information indicates beyond doubt that the 
presumption of continuance of life has been overcome. When a finding of 
presumptive death is made, a man's pay accounts are closed as of the day 
following the expiration of the 12 months' absence or a longer period 
when justified, and the various benefits, such as the six months' 
gratuity, become payable. A finding of presumptive death concerning an 
officer or enlisted man of the Navy means simply that as of the date 
thereof he is for the purposes of Naval administration no longer alive. 
It does not mean that death occurred on that or on any other certain 
date.
    (b) Findings of presumptive death are never made when the 
``missing'' status has not continued for at least 12 months. Whenever, 
subsequent to the expiration of the 12th month, cumulative or other 
evidence establishes by its preponderance that a ``missing'' person is 
no longer alive, a prompt finding of presumptive death will be made. 
Also, such a finding will be made whenever justified by the lapse of 
time beyond the 12 months' absence without specific information being 
received.
    (c) The Secretary of the Navy, or such subordinate as he may 
designate, has authority to make all determinations necessary in the 
administration of the act, and for the purposes of the act 
determinations so made shall be conclusive as to death or finding or 
death, as to any other status dealt with by the act, and as to any 
essential date including that upon which evidence or information is 
received in the Department. The determination of the Secretary of the 
Navy, or of such subordinate as he may designate, is conclusive as to 
whether information received concerning any person is to be construed 
and acted upon as an official report of death. When any information 
deemed to establish conclusively the death of any person is received in 
the department, action shall be taken thereon as an official report of 
death, notwithstanding any prior action relating to death or other 
status of such person. Under the foregoing provisions a determination of 
death is made prior to the expiration of 12 months when the evidence 
received is considered to establish conclusively the fact of death and 
settlement of accounts is made to the date established as the date of 
receipt of evidence on which the fact of death is established.

(Sec. 301, 80 Stat. 379; 5 U.S.C. 301. Interpret or apply 80 Stat. 112-
117, 248-254; 5 U.S.C. 5561-5568, 37 U.S.C. 551-558)

[17 FR 5390, June 14, 1952]