Section 409.8 Of Chapter 7.5. Protections From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.5.
409.8
. (a) In any proceeding under this chapter, a certificate
signed by an appropriately authorized officer of the military
department, branch, or unit in which a service member is serving
shall be prima facie evidence as to any of the following facts stated
in that certificate:
(1) That a person named has not been, or is, or has been in the
military service.
(2) The time when and the place where the person entered military
service.
(3) The person's residence at that time, and the rank, branch, and
unit of the service that the person entered.
(4) The dates within which the person was in the military service.
(5) The monthly pay received by the person at the date of issuing
the certificate.
(6) The time when and the place where the person died in or was
discharged from the service.
(b) It shall be the duty of the authorized officer to furnish that
certificate on application, and any certificate, when purporting to
be signed by an officer purporting on the face of the certificate to
have been so authorized, shall be prima facie evidence of its
contents and of the authority of the signer to issue the certificate.
(c) Where a person in military service has been reported missing,
he or she shall be presumed to continue in the service until
accounted for, and no period herein limited which begins or ends with
the death of the person shall begin or end until the death of the
person is in fact reported to or found by the United States
Department of Defense or any court or board thereof, or the Military
Department or any court or board thereof, or until the person's death
is found by a court of competent jurisdiction.