The New Law on Department of Defense Personnel Missing as a Result of Hostile Action

Abstract

In 1996, Congress enacted a comprehensive system on accounting for service members and civil employees of the Department of Defense and Department of Defense contractors who become involuntarily absent as a result of hostile action. This system sets forth detailed investigatory requirements and extends many due process rights to the person's family and others without regard to whether these individuals are entitled to such rights under the Fifth Amendment to the U.S. Constitution. Additionally, the new law requires the Department of Defense to keep certain information in a missing person's personnel file, and addresses release of this information to family members and others. This thesis reviews the new law, explores prior law and service regulations on accounting for missing persons to analyze the intent of the new law, identifies the new law's major shortcomings, and recommends needed changes to the law.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1996
Accession Number
ADA444429

Entities

People

  • Pamela M. Stahl

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Biomedical
  • Human Systems

DTIC Thesaurus Topics

  • Business Administration
  • Congress
  • Court Martial
  • Department Of Defense
  • Employment
  • Foreign Relations
  • Governments
  • Health Services
  • International Law
  • Law
  • National Governments
  • National Security
  • Personnel Management
  • Second World War
  • United States Government
  • Vietnam War
  • Warfare

Readers

  • Criminal Law
  • Defense Acquisition Program Management
  • Systems Analysis and Design