Subchapter VI. Administrative Remedies
50 U.S.C. § 4012: Proving Military Service in an SCRA Case
Official heading: Certificates of service; persons reported missing
In one line
Makes a certificate signed by the Secretary concerned prima facie evidence of a person’s military status, entry and release dates, rank, unit, and pay. A servicemember reported missing is presumed to remain in service until accounted for.
- The Secretary concerned must furnish the certificate on receipt of an application for it
Text checked October 9, 2026
What § 4012 does to your money
Many SCRA disputes come down to proof: were you in service on the day the judgment was entered or the car was repossessed? Section 4012 makes a certificate signed by the Secretary concerned prima facie evidence of the facts it states: whether a person is or was in service, when and where service began, residence at entry, rank, branch and unit at entry, the inclusive dates of service, monthly pay on the certificate date, and the time and place of release or death.
The Secretary must issue the certificate on application, and a certificate that appears to be signed by the Secretary is prima facie evidence of its contents and of the signer’s authority. Lenders and plaintiffs usually check the Defense Manpower Data Center’s SCRA website first; a certificate under this section is the formal proof when the question reaches a court.
A servicemember reported missing is presumed to remain in service until accounted for. Any protection in the Act that starts or ends with a death does not start or end until the death is reported to, or determined by, the Secretary concerned or a court, so a missing member’s protections continue.
The full text of 50 U.S.C. § 4012
From the United States Code, 2024 Edition, current through January 6, 2025, as published by the U.S. Government Publishing Office on GovInfo (retrieved October 10, 2026). No amendment enacted after the edition cutoff was found on Cornell LII or in GovInfo’s compiled SCRA (amended through Pub. L. 118-159, Dec. 23, 2024). House style: the Code’s em dashes before a list are shown as colons, and en dashes as hyphens or “to”; no word of the text is changed.
(a) Prima facie evidence
In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate:
(1) That a person named is, is not, has been, or has not been in military service.
(2) The time and the place the person entered military service.
(3) The person's residence at the time the person entered military service.
(4) The rank, branch, and unit of military service of the person upon entry.
(5) The inclusive dates of the person's military service.
(6) The monthly pay received by the person at the date of the certificate's issuance.
(7) The time and place of the person's termination of or release from military service, or the person's death during military service.
(b) Certificates
The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer's authority to issue it.
(c) Treatment of servicemembers in missing status
A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember's death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.
Enacted and amended by: (Oct. 17, 1940, ch. 888, title VI, §602, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2859.)
Effective date: Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108-189, set out as a note under section 3901 of this title.
Every section of the Act, including the short administrative ones without their own page, is on the section-by-section index.
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.