U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 76— MISSING PERSONS

10 U.S.C. § 1511

Return alive of person declared missing or dead

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(a)Pay and Allowances.—Any person (except for a person subsequently determined to have been absent without leave or a deserter) in a missing status or declared dead under subchapter VII of chapter 55 of title 5 or chapter 10 of title 37 or by a board appointed under this chapter who is found alive and returned to the control of the United States shall be paid for the full time of the absence of the person while given that status or declared dead under the law and regulations relating to the pay and allowances of persons returning from a missing status.(b)Effect on Gratuities Paid as a Result of Status.—Subsection (a) shall not be interpreted to invalidate or otherwise affect the receipt by any person of a death gratuity or other payment from the United States on behalf of a person referred to in subsection (a) before February 10, 1996.(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended Pub. L. 107–107, div. A, title X, § 1048(c)(10), Dec. 28, 2001, 115 Stat. 1226.)Editorial NotesAmendments

2001—Subsec. (b). Pub. L. 107–107 substituted “February 10, 1996” for “the date of the enactment of this chapter”.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1940–2023 · leading case: Wade v. Hunter, 336 U.S. 684 (1949).
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Wade v. Hunter, 336 U.S. 684 (1949). “795 , 10 U. S. C. § 1511 . That article provides in part as follows: “No person shall, without his consent, be tried a second time for the same offense; but no proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held…”
Sanford v. Robbins, 115 F.2d 435 (5th Cir. 1940). “As applied to courts-martial the provision against double jeopardy finds expression in Article of War 40, 10 U.S.C.A. § 1511 , “No person shall, without his consent, be tried a second time for the same offense.”
United States v. Bayer, 156 F.2d 964 (2d Cir. 1946). “§ 1522 ; and by the terms of Article 40, 10 U.S.C.A. § 1511 , no proceeding in which an accused is found guilty by court-martial shall be held to be a trial to bar a further trial for the same offense “until the reviewing and, if there be one, the confirming authority shall have…”
Wade v. Hunter, 72 F. Supp. 755 (D. Kan. 1947). “Petitioner alleges that the order is illegal and void for several reasons, the chief one urged being that he had been twice put in jeopardy for the same offense in violation of the Fifth Amendment to the Constitution and the Fortieth Article of War, 10 U.S.C.A. § 1511 . There is…”
Anderson v. Hunter, 177 F.2d 770 (10th Cir. 1949). “§ 1511 , provides among other things that no person shall without his consent be tried a second time for the same offense, and that no authority shall return a record of trial to any court-martial for reconsideration of the sentence originally imposed with a view to increasing…”
Wallace v. United States Army (D. Neb. 2023). · cites it 10× “Liberally construed, the Court understands Wallace to be seeking injunctive relief as well as damages for lost wages pursuant to 10 U.S.C. § 1511 . This statute allows servicemembers who were declared dead to recover benefits they lost as a result of their declaration of death…”
Ex Parte Steele, 79 F. Supp. 428 (M.D. Penn. 1948). “§ 1517 , it is also provided in Article of War 47, 10 U.S.”
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