Not totally sure of the Legalities, but I remember in our searches for then Pvt. Maupin that he was referred to as DUSTWUN:
DUty STatus - Whereabouts Unknown.
Realistically, we knew he was already dead as the AQ wouldnt have spared a video of him were he still alive. Most of our raids and searches were within 5 miles of where his remains were eventually found. Having seen the recovery images of Pfc's Tucker and Menchaca as well, I frankly wouldnt want to be captured by our current enemies.