§657D-52 - Certificates of service; persons reported missing.
[§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]