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

Page 3219 TITLE 10—ARMED FORCES § 8296 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8295. Distinguished flying cross The President may award a distinguished fly- ing cross of appropriate design with accom- panying ribbon to any person who, while serving in any capacity with the Navy or the Marine Corps, distinguishes himself by heroism or ex- traordinary achievement while participating in an aerial flight. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6245; re- numbered § 8295, 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) 6245 ......... 34 U.S.C. 364a (1st sen- tence, less 1st 9 words, and less 2d and 3d sen- tences). July 2, 1926, ch. 721, § 12 (1st sentence, less 1st 9 words, and less 2d and 3d sentences), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipient as well as the actual presenting of the decoration. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a decoration is presented in the name of Congress only if the law so directs. The proviso of the first sentence of 34 U.S.C. 364a is omitted as exe- cuted. The words ‘‘Navy or the Marine Corps’’ are sub- stituted for the words ‘‘United States Navy’’ because the provision is interpreted as authorizing the award of the decoration to persons serving with the Marine Corps as well as with the Navy. The words ‘‘and not- withstanding the provisions of section 14 of this Act,’’ which are not now contained in title 34, are omitted as unnecessary. The words ‘‘since the 6th day of April, 1917, has distinguished, or who, after July 2, 1926,’’ are omitted as executed. Editorial Notes PRIOR PROVISIONS A prior section 8295, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Sept. 2, 1958, Pub. L. 85–861, § 1(174), 72 Stat. 1519, provided for determination of place on a pro- motion list of the name of each person who is origi- nally appointed in a commissioned grade in Regular Air Force and whose name is carried on a promotion list, other than persons appointed as medical or dental officers or as an Air Force nurse or medical specialist, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 624 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6245 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8296. Navy and Marine Corps Medal (a) The President may award a medal called the ‘‘Navy and Marine Corps Medal’’ of appro- priate design with accompanying ribbon, to- gether 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 let- ter of commendation for heroism, and who ap- plies 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 when the member distinguished himself by heroism. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6246; Pub. L. 105–85, div. A, title V, § 574(b), Nov. 18, 1997, 111 Stat. 1758; renumbered § 8296, 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) 6246 ......... 34 U.S.C. 356b. Feb. 4, 1919, ch. 14, § 5; added Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipient as well as the actual presenting of the award. The words ‘‘but not in the name of Congress’’ are omitted since a decoration is presented in the name of Congress only if the law so directs. The words ‘‘including the Naval Reserve and Marine Corps Reserve’’ are omitted as covered by the definitions of the Navy and the Ma- rine Corps. The last sentence, relating to additional pay, is omitted for the reason that, under the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.), there is no additional pay authorized for any medal. The words ‘‘since December 6, 1941’’ are omitted as exe- cuted. The words ‘‘or herself’’ are omitted as covered by the rules of construction in 1 U.S.C. 1. Editorial Notes PRIOR PROVISIONS A prior section 8296, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug. 6, 1958, Pub. L. 85–600, § 1(16), 72 Stat. 523; Sept. 2, 1958, Pub. L. 85–861, § 1(156), (175), 72 Stat. 1513, 1519, provided for promotion lists in Regular Air Force for all commissioned officers in grades below brigadier general on active list, with exceptions, which officers are known as ‘‘promotion-list officers’’, a separate list for chaplains, judge advocates, medical officers, dental officers, veterinary officers, medical service officers, Air Force nurses, Air Force medical specialists, and any category established by Secretary of Air Force under section 8067(i) of this title, and determination of place on list upon transfer or promotion, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 624 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6246 of this title as this section. 1997—Pub. L. 105–85 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and 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 for selection boards to recommend pro- motion-list officers and brigadier generals of Regular Air Force for promotion in Regular Air Force, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 611 et seq. of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6247 of this title as this section. 2013—Pub. L. 113–66 struck out ‘‘medal of honor,’’ be- fore ‘‘Navy cross’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8298. Limitations of time (a) Except as provided in section 8296 of this title 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 dis- tinguished 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 dis- tinguished service and recommending official recognition of it was made by the person’s su- perior 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 state- ment 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 Ma- rine Corps Medal, or bar, emblem, or insignia in place thereof, as the case may be, may be award- ed to the person within two years after the date of that determination. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6248; Pub. L. 86–582, § 1(2), July 5, 1960, 74 Stat. 320; renum- bered § 8298 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6248 ......... 34 U.S.C. 360. Feb. 4, 1919, ch. 14, § 7, 40 Stat. 1056; renumbered § 9 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744. The words ‘‘Except as provided in section 6246 of this title’’ are substituted for the words ‘‘That except as otherwise prescribed herein’’ to identify the only ex- ception. The words ‘‘may be awarded to a person’’ are substituted for the words ‘‘shall be issued to any per- son’’ for uniformity. The words ‘‘specific’’, ‘‘or report distinctly’’, and ‘‘at the time of’’ are omitted as sur- plusage. The words ‘‘bar, emblem, or insignia’’ are sub- stituted for the words ‘‘or bar or other suitable emblem or insignia’’ for uniformity. The words ‘‘from the date of that act or service’’ are substituted for the word ‘‘thereafter’’. Editorial Notes PRIOR PROVISIONS A prior section 8298, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(9), title IV, § 401(1), 71 Stat. 387, 390, provided for promotion from grade of second lieutenant to first lieutenant after three years of service, discharge under section 8814 of this title upon failure of promotion, and filling vacancies for first lieutenants with second lieutenants, except Air Force nurses and medical specialists, prior to completion of three years of service, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 630 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(13), renumbered section 6248 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8296’’ for ‘‘section 6246’’ in introductory provisions.