10 U.S.C. § 1502

Missing persons: initial report

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(a)Preliminary Assessment and Recommendation by Commander.—After receiving information that the whereabouts and status of a person described in section 1501(c) of this title is uncertain and that the absence of the person may be involuntary, the commander of the unit, facility, or area to or in which the person is assigned shall make a preliminary assessment of the circumstances. If, as a result of that assessment, the commander concludes that the person is missing, the commander shall—(1) recommend that the person be placed in a missing status; and(2) not later than 10 days after receiving such information, transmit a report containing that recommendation to the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title.(b)Transmission of Advisory Copy to Theater Component Commander.—When transmitting a report under subsection (a)(2) recommending that a person be placed in a missing status, the commander transmitting that report shall transmit an advisory copy of the report to the theater component commander with jurisdiction over the missing person.(c)Safeguarding and Forwarding of Records.—A commander making a preliminary assessment under subsection (a) with respect to a missing person shall (in accordance with procedures prescribed under section 1501 of this title) safeguard and forward for official use any information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person.(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 338; amended Pub. L. 104–201, div. A, title V, § 578(b)(1), Sept. 23, 1996, 110 Stat. 2536; Pub. L. 105–85, div. A, title V, § 599(b)(1), Nov. 18, 1997, 111 Stat. 1768.)Editorial NotesAmendments

1997—Subsecs. (b), (c). Pub. L. 105–85 added subsec. (b) and redesignated former subsec. (b) as (c).

1996—Subsec. (a)(2). Pub. L. 104–201, § 578(b)(1)(A), substituted “10 days” for “48 hours” and “Secretary concerned” for “theater component commander with jurisdiction over the missing person”.

Subsec. (b). Pub. L. 104–201, § 578(b)(1)(D), struck out at end “The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification.”

Pub. L. 104–201, § 578(b)(1)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Transmission Through Theater Component Commander.—Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title. The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person.”

Subsec. (c). Pub. L. 104–201, § 578(b)(1)(C), redesignated subsec. (c) as (b).

Notes of Decisions

Cited in 5 cases, 1945–2013 · leading case: Ruffin v. United States, 76 A.3d 845 (D.C. 2013).

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Ruffin v. United States, 76 A.3d 845 (D.C. 2013). “The meaning of “person” in the felony threats statute Congress enacted the felony threats statute in Title X of the “Omnibus Crime Control and Safe Streets Act of 1968” (hereinafter the “1968 Crime Control Act”) as 10 U.S.C. § 1502 . See Pub.L. No. 90-351, 82 Stat.”

Leon B. Rushing v. Frederick T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia, 272 F.2d 633 (5th Cir. 1959). “631 -632; formerly 10 U.S.C. § 1502 ). ** These instructions were given in the instant case.”

United States v. Berry, 1 C.M.A. 235 (1952). “” The following language from Article 31, 10 USC § 1502 , is also of interest: “The law member of a general court-martial or the president of a special court-martial, shall rule in open court upon interlocutory questions, other than challenge, arising during the proceedings:…”

United States v. Jones, 1 C.M.A. 302 (1952). “We assume the accuracy of the record, and in so doing we are faced with disposing of three questions: Namely, was it error for the court-martial to consider the two convictions; was the error prejudicial; and, if so, was the prejudice removed by the reviewing authorities?…”

Ex parte Besherse, 63 F. Supp. 997 (D. Mont. 1945). “31 [ 10 U.S.C.A. § 1502 ]) and is obligatory” (Article 78(d) P.”

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