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10 U.S.C. § 8298 — Limitations of time

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8298 — Limitations of time

**(a)** Except as provided in [section 8296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8296&num=0&edition=prelim) or subsection (b), no medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof may be awarded to a person unless— (1) the award is made within five years after the date of the act or service justifying the award; and (2) a statement setting forth the act or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that act or service. **(b)** If the Secretary of the Navy determines that— (1) a statement setting forth the act or distinguished service and recommending official recognition of it was made by the person’s superior through official channels within three years from the date of that act or service and was supported by sufficient evidence within that time; and (2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted on; a medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof, as the case may be, may be awarded to the person within two years after the date of that determination.

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Stable record: federal_law:legal_authorities:record_usc_3c2372b94a9ec2d75205caad
Source file: Laws/federal/codes/united-states-code/title-10/section-8298-limitations-of-time--22ff910b5c.md
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Source location: Title 10, Chapter 837, § 8298; chapter-837-decorations-and-awards.md

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**(a)** Except as provided in [section 8296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8296&num=0&edition=prelim) or subsection (b), no medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof may be awarded to a person unless— (1) the award is made within five years after the date of the act or service justifying the award; and (2) a statement setting forth the act or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that act or service. **(b)** If the Secretary of the Navy determines that— (1) a statement setting forth the act or distinguished service and recommending official recognition of it was made by the person’s superior through official channels within three years from the date of that act or service and was supported by sufficient evidence within that time; and (2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted on; a medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof, as the case may be, may be awarded to the person within two years after the date of that determination.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8296 — Navy and Marine Corps Medal

**(a)** The President may award a medal called the “Navy and Marine Corps Medal” of appropriate design with accompanying ribbon, together with a rosette or other device to be worn in place thereof— (1) to any person who, while serving in any capacity with the Navy or the Marine Corps, distinguishes himself by heroism not involving actual conflict with an enemy; or (2) to any person to whom the Secretary of the Navy, before August 7, 1942, awarded a letter of commendation for heroism, and who applies for that medal, regardless of the date of the act of heroism. **(b)** The authority in subsection (a) includes authority to award the medal to a member of the Ready Reserve who was not in a duty status defined in [section 101(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d&num=0&edition=prelim) when the member distinguished himself by heroism.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 630 — Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)

The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense— (1) may discharge any officer on the active-duty list who— (A) has less than six years of active commissioned service; or (B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade); and (2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8298 — Limitations of time

Page 3220 TITLE 10—ARMED FORCES § 8297 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8297. Additional awards Not more than one Navy cross, distinguished- service medal, silver star medal, distinguished flying cross, or Navy and Marine Corps Medal may be awarded to a person. However, for each succeeding act or service that would otherwise justify the award of such a medal or cross, the President may award a suitable bar, emblem, or insignia to be worn with the decoration and cor- responding rosette or other device. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6247; Pub. L. 113–66, div. A, title V, § 561(b), Dec. 26, 2013, 127 Stat. 766; renumbered § 8297, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6247 ......... 34 U.S.C. 358. Feb. 4, 1919, ch. 14, § 5, 40 Stat. 1056; renumbered § 7 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744. 34 U.S.C. 364a (2d sen- tence). July 2, 1926, ch. 721, § 12 (2d sentence), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549. The word ‘‘awarded’’ is substituted for the word ‘‘issued’’ for uniformity. The words ‘‘that would other- wise justify’’ are substituted for the words ‘‘sufficient to justify’’ for clarity. The word ‘‘service’’ is sub- stituted for the word ‘‘achievement’’ for uniformity. The words ‘‘as he shall direct’’ are omitted as surplus- age. Editorial Notes PRIOR PROVISIONS A prior section 8297, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(8), 71 Stat. 387; July 12, 1960, Pub. L. 86–616, § 6(1), 74 Stat. 391, provided

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