[§657D-52] Certificates of service; persons reported missing. (a) In any proceeding under this chapter, a certificate signed by the adjutant general shall be prima facie evidence as to any of the following facts stated in the certificate:
(1) That a person named has not served, is serving, or has served in the state military forces;
(2) The time when and the place where the person entered military service, the person's residence at that time, and the rank, branch, and unit of such service that the person entered;
(3) The dates the person served in the state military forces;
(4) The monthly pay received by the person at the date of issuing the certificate; and
(5) If applicable, the time when and the place where the person died in or was discharged from such service.
(b) It is the duty of the adjutant general to furnish a certificate on application; and any certificate signed by any one of the officers of the adjutant general or by any person purporting upon the face of the certificates to have been so authorized shall be prima facie evidence of its contents and of the authority of the officer to issue it.
(c) Where a person in military service has been reported missing, the person shall be presumed to continue in the service until accounted for, and no period under this chapter which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the department of defense, or any court or board thereof, or until death is determined by a court of competent jurisdiction. No period limited by this chapter that begins or ends with the death of such person shall be extended beyond a period of six months after the time when this chapter ceases to be in force. [L 1994, c 257, pt of §2]Section: Previous 657d-35 657d-36 657d-37 657d-38 657d-41 657d-42 657d-43 657d-51 657d-52 657d-53 657d-61 657d-62 657d-63 Next
Last modified: October 27, 2016