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10 U.S.C. § 1128 — Prisoner-of-war medal: issue

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

10 U.S.C. § 1128 — Prisoner-of-war medal: issue

**(a)** The Secretary concerned shall issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was taken prisoner and held captive— (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; or (3) while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. **(b)** Under uniform regulations prescribed by the Secretary of Defense, the Secretary concerned may issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was held captive under circumstances not covered by paragraph (1), (2), or (3) of subsection (a), but which the Secretary concerned finds were comparable to those circumstances under which persons have generally been held captive by enemy armed forces during periods of armed conflict. **(c)** The prisoner-of-war medal shall be of appropriate design, with ribbons and appurtenances. **(d)** In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary concerned shall accord the prisoner-of-war medal a position of precedence, in relation to other awards and decorations authorized to be displayed— (1) immediately following decorations awarded for individual heroism, meritorious achievement, or meritorious service, and (2) before any other service medal, campaign medal, or service ribbon authorized to be displayed. **(e)** Not more than one prisoner-of-war medal may be issued to a person. However, for each succeeding service that would otherwise justify the issuan

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Stable record: federal_law:legal_authorities:record_usc_6e1b2a6c7bc70c926f4d7198
Source file: Laws/federal/codes/united-states-code/title-10/section-1128-prisoner-of-war-medal-issue--85b9ed29b7.md
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Source location: Title 10, Chapter 57, § 1128; chapter-057-decorations-and-awards.md

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**(a)** The Secretary concerned shall issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was taken prisoner and held captive— (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; or (3) while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. **(b)** Under uniform regulations prescribed by the Secretary of Defense, the Secretary concerned may issue a prisoner-of-war medal to any person who, while serving in any capacity with the armed forces, was held captive under circumstances not covered by paragraph (1), (2), or (3) of subsection (a), but which the Secretary concerned finds were comparable to those circumstances under which persons have generally been held captive by enemy armed forces during periods of armed conflict. **(c)** The prisoner-of-war medal shall be of appropriate design, with ribbons and appurtenances. **(d)** In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary concerned shall accord the prisoner-of-war medal a position of precedence, in relation to other awards and decorations authorized to be displayed— (1) immediately following decorations awarded for individual heroism, meritorious achievement, or meritorious service, and (2) before any other service medal, campaign medal, or service ribbon authorized to be displayed. **(e)** Not more than one prisoner-of-war medal may be issued to a person. However, for each succeeding service that would otherwise justify the issuance of such a medal, the Secretary concerned may issue a suitable device to be worn as the Secretary determines. **(f)** For a person to be eligible for issuance of a prisoner-of-war medal, the person’s conduct must have been honorable for the period of captivity which serves as the basis for the issuance. **(g)** If a person dies before the issuance of a prisoner-of-war medal to which he is entitled, the medal may be issued to the person’s representative, as designated by the Secretary concerned. **(h)** Under regulations to be prescribed by the Secretary concerned, a prisoner-of-war medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. **(i)** The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this section are uniform so far as practicable.

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

10 U.S.C. § 1129 — Purple Heart: members killed or wounded in action by friendly fire

**(a)** For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. **(b)** A member described in this subsection is a member who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the member. **(c)** This section applies to members of the armed forces who are killed or wounded on or after December 7, 1941. In the case of a member killed or wounded as described in subsection (b) on or after December 7, 1941, and before November 30, 1993, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before such date or for which an application is made to the Secretary in such manner as the Secretary requires.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1129

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

50 U.S.C. § 4105 — Prisoners of war

**(a) “Prisoner of war” defined** As used in subsection (b) of this section, the term “prisoner of war” means any regularly appointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States who was held as a prisoner of war for any period of time subsequent to December 7, 1941, by any government of any nation with which the United States has been at war subsequent to such date. **(b) Payment of claims; rate allowed; certification of claims** The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any prisoner of war for compensation for the violation by the enemy government by which he was held as a prisoner of war, or its agents, of its obligation to furnish him the quantity or quality of food to which he was entitled as a prisoner of war under the terms of the Geneva Convention of July 27, 1929. The compensation allowed to any prisoner of war under the provisions of this subsection shall be at the rate of $1 for each day he was held as a prisoner of war on which the enemy government or its agents failed to furnish him such quantity or quality of food. Any claim allowed under the provisions of this subsection shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by [section 4110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4110&num=0&edition=prelim). **(c) Persons entitled to payments** Claims pursuant to subsection (b) shall be paid to the person entitled thereto, and shall in case of death of the persons who are entitled be payable only to or for the benefit of the following persons: (1) Widow or husband if there is no child or children of the deceased; (2) Widow or husb

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4105

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

10 U.S.C. § 1128 — Prisoner-of-war medal: issue

Page 1189 TITLE 10—ARMED FORCES § 1128 such an attack by the Secretary of Defense; or (B) military operations while serving out- side the United States (including the com- monwealths, territories, and possessions of the United States) as part of a peacekeeping force. (b) Under regulations to be prescribed by the Secretary of Defense, the Secretary concerned, upon application to him, shall furnish one gold star lapel button without cost to each next of kin of a member who lost or loses his or her life under any circumstances prescribed in sub- section (a). (c) Not more than one gold star lapel button may be furnished to any one individual except that, when a gold star lapel button furnished under this section has been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was fur- nished, the button may be replaced upon appli- cation and without cost. (d) In this section: (1) The term ‘‘next of kin’’ means individ- uals standing in such relationship to members of the armed forces described in subsection (a) as the Secretaries concerned shall jointly specify in regulations for purposes of this sec- tion. (2) The term ‘‘World War I’’ includes the pe- riod from April 6, 1917, to March 3, 1921. (3) The term ‘‘World War II’’ includes the pe- riod from September 8, 1939, to July 25, 1947, at 12 o’clock noon. (4) The term ‘‘military operations’’ includes those operations involving members of the armed forces assisting in United States Gov- ernment sponsored training of military per- sonnel of a foreign nation. (5) The term ‘‘peacekeeping force’’ includes those personnel assigned to a force engaged in a peacekeeping operation authorized by the United Nations Security Council. (Added Pub. L. 89–534,

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1128

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