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U.S. Code as of:
01/19/04
Section 556. Secretarial determinations
(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.
(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.
(c) The Secretary concerned, or his designee, may determine the
entitlement of a member to pay and allowances under this chapter,
including credits and charges in his account, and that
determination is conclusive. An account may not be charged or
debited with an amount that a member captured, beleaguered, or
besieged by a hostile force may receive or be entitled to receive
from, or have placed to his credit by, the hostile force as pay,
allowances, or other compensation.
(d) The Secretary concerned, or his designee, may, when warranted
by the circumstances, reconsider a determination made under this
chapter, and change or modify it.
(e) When the account of a member has been charged or debited with
an allotment paid under this chapter, the amount so charged or
debited shall be recredited to the account of the member if the
Secretary concerned, or his designee, determines that the payment
was induced by fraud or misrepresentation to which the member was
not a party.
(f) Except an allotment for an unearned insurance premium, an
allotment paid from pay and allowances of a member for the period
he is entitled to pay and allowances under section 552 of this
title may not be collected from the allottee as an overpayment when
it was caused by delay in receiving evidence of death. An allotment
payment for a period after the end of entitlement to pay and
allowances under this chapter, or otherwise, which was caused by
delay in receiving evidence of death, may not be collected from the
allottee or charged against the pay of the deceased member.
(g) The Secretary concerned, or his designee, may waive the
recovery of an erroneous payment or overpayment of an allotment to
a dependent if he considers recovery is against equity and good
conscience.
(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.
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