10 U.S.C. § 1129 — Purple Heart: members killed or wounded

Page 1190 TITLE 10—ARMED FORCES § 1129 authorized to be displayed on the uniforms of members of the armed forces, the Secretary con- cerned shall accord the prisoner-of-war medal a position of precedence, in relation to other awards and decorations authorized to be dis- played— (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 dis- played. (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 con- cerned 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 cap- tivity 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 rep- resentative, as designated by the Secretary con- cerned. (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 per- son to whom it was issued may be replaced with- out charge. (i) The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this section are uni- form so far as practicable. (Added Pub. L. 99–145, title V, § 532(a)(1), Nov. 8, 1985, 99 Stat. 633; amended Pub. L. 101–189, div. A, title V, § 516(a), Nov. 29, 1989, 103 Stat. 1441; Pub. L. 112–239, div. A, title V, § 584, Jan. 2, 2013, 126 Stat. 1767.) Editorial Notes AMENDMENTS 2013—Subsec. (a)(2) to (4). Pub. L. 112–239, § 584(1), in- serted ‘‘or’’ at end of par. (2), substituted period at end for ‘‘; or’’ in par. (3), and struck out par. (4) which read as follows: ‘‘by foreign armed forces that are hostile to the United States, under circumstances which the Sec- retary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict.’’ Subsecs. (b) to (i). Pub. L. 112–239, § 584(2), (3), added subsec. (b) and redesignated former subsecs. (b) to (h) as (c) to (i), respectively. 1989—Subsec. (a)(4). Pub. L. 101–189 added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title V, § 516(b), Nov. 29, 1989, 103 Stat. 1442, provided that: ‘‘Paragraph (4) of section 1128(a) of title 10, United States Code, as added by sub- section (a), applies with respect to periods of captivity after April 5, 1917.’’ EFFECTIVE DATE Pub. L. 99–145, title V, § 532(b), Nov. 8, 1985, 99 Stat. 634, provided that: ‘‘Section 1128 of title 10, United States Code, as added by subsection (a), applies with re- spect to any person taken prisoner and held captive after April 5, 1917.’’ § 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 sub- section (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 Novem- ber 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. (Added Pub. L. 103–160, div. A, title XI, § 1141(a), Nov. 30, 1993, 107 Stat. 1756; amended Pub. L. 105–85, div. A, title X, § 1073(a)(18), Nov. 18, 1997, 111 Stat. 1901.) Editorial Notes AMENDMENTS 1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘Novem- ber 30, 1993,’’ for ‘‘the date of the enactment of this sec- tion,’’ and ‘‘before such date or’’ for ‘‘before the date of the enactment of this section or’’. Statutory Notes and Related Subsidiaries ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE HEART; PUBLICATION OF AWARD CRITERIA Pub. L. 117–263, div. A, title V, § 584(a), Dec. 23, 2022, 136 Stat. 2611, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], each Chief of an Armed Force shall publish on a publicly available website of such Armed Force in- cludes [sic] a link to— ‘‘(1) a description of the background of the Purple Heart; ‘‘(2) the eligibility criteria for awarding the Purple Heart; and ‘‘(3) contact information for the awards and decora- tions liaison of such Armed Force to facilitate con- firmation, by a veteran or a veteran’s next of kin, whether a veteran was awarded the Purple Heart after December 31, 2002.’’ AWARD OF PURPLE HEART TO PERSONS WOUNDED WHILE HELD AS PRISONERS OF WAR BEFORE APRIL 25, 1962 Pub. L. 104–106, div. A, title V, § 521, Feb. 10, 1996, 110 Stat. 309, as amended by Pub. L. 108–136, div. A, title V, § 544, Nov. 24, 2003, 117 Stat. 1478, provided that: ‘‘(a) AWARD OF PURPLE HEART.—For purposes of the award of the Purple Heart, the Secretary concerned (as defined in section 101 of title 10, United States Code) shall treat a former prisoner of war who was wounded before April 25, 1962, while held as a prisoner of war (or Page 1191 TITLE 10—ARMED FORCES § 1129 while being taken captive) in the same manner as a former prisoner of war who is wounded on or after that date while held as a prisoner of war (or while being taken captive). ‘‘(b) STANDARDS FOR AWARD.—An award of the Purple Heart under subsection (a) shall be made in accordance with the standards in effect on the date of the enact- ment of this Act [Feb. 10, 1996] for the award of the Pur- ple Heart to persons wounded on or after April 25, 1962. ‘‘(c) ELIGIBLE FORMER PRISONERS OF WAR.—A person shall be considered to be a former prisoner of war for purposes of this section if the person is eligible for the prisoner-of-war medal under section 1128 of title 10, United States Code. ‘‘(d) PROCEDURES FOR AWARD.—In determining wheth- er a former prisoner of war who submits an application for the award of the Purple Heart under subsection (a) is eligible for that award, the Secretary concerned shall apply the following procedures: ‘‘(1) Failure of the applicant to provide any docu- mentation as required by the Secretary shall not in itself disqualify the application from being consid- ered. ‘‘(2) In evaluating the application, the Secretary shall consider (A) historical information as to the prison camp or other circumstances in which the ap- plicant was held captive, and (B) the length of time that the applicant was held captive. ‘‘(3) To the extent that information is readily avail- able, the Secretary shall assist the applicant in ob- taining information or identifying the sources of in- formation referred to in paragraph (2). ‘‘(4) The Secretary shall review a completed appli- cation under this section based upon the totality of the information presented, taking into account the length of time between the period during which the applicant was held as a prisoner of war and the date of the application.’’ Executive Documents EX. ORD. NO. 11016. AUTHORIZING AWARD OF THE PURPLE HEART Ex. Ord. No. 11016, Apr. 25, 1962, 27 F.R. 4139, as amended by Ex. Ord. No. 11382, § 13(4), Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12464, Feb. 23, 1984, 49 F.R. 7099; Ex. Ord. No. 13286, § 71, Feb. 28, 2003, 68 F.R. 10630; Ex. Ord. No. 13758, Jan. 12, 2017, 82 F.R. 5321, provided: WHEREAS General George Washington, at Newburg- on-the-Hudson, on August 7, 1782, during the War of the Revolution, issued an Order establishing the Honorary Badge of Distinction, otherwise known as the Badge of Military Merit or Decoration of the Purple Heart; and WHEREAS the award of that decoration ceased with the closing of the War of the Revolution and was re- vived on February 22, 1932, out of respect to the mem- ory and military achievements of General George Washington, by War Department General Orders No. 3: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and as Com- mander in Chief of the armed forces of the United States, it is ordered as follows: 1. The Secretary of a military department, or the Secretary of Homeland Security with regard to the Coast Guard when not operating as a service in the Navy, shall, in the name of the President of the United States, award the Purple Heart, with suitable ribbons and appurtenances, to any member or former member of the armed forces under the jurisdiction of that de- partment who, while serving as a member of the armed forces, has been, or may hereafter be, wounded: (a) in any action against an enemy of the United States; (b) in any action with an opposing armed force of a foreign country in which the armed forces of the United States are or have been engaged; (c) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (d) as the result of an act of any such enemy or oppos- ing armed force; (e) as the result of an act of any hostile foreign force; (f) while being taken captive or while being held as a prisoner of war, and for purposes of this paragraph a person is considered a prisoner of war if the person is eligible for the Prisoner of War Medal pursuant to sec- tion 1128 of title 10, United States Code; (g) after March 28, 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack for the purposes of this order by the Sec- retary of the department concerned, or jointly by the Secretaries of the departments concerned if persons from more than one department are wounded in the at- tack; (h) after March 28, 1973, as a result of military oper- ations, while serving outside the territory of the United States as part of a peacekeeping force; (i) after September 10, 2001, in an attack that was mo- tivated or inspired by a foreign terrorist organization, which the Secretary of the department concerned shall treat in the same manner as an international terrorist attack, provided the attack specifically targeted the member due to his or her military service as provided in section 1129a of title 10, United States Code; or (j) after December 6, 1941, by friendly weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, an opposing armed force, or hostile foreign force. 2. The Secretary of a military department, or the Secretary of Homeland Security with regard to the Coast Guard when not operating as a service in the Navy, shall, in the name of the President of the United States, award the Purple Heart, with suitable ribbons and appurtenances, posthumously, to any member of the armed forces under the jurisdiction of that depart- ment covered by, and under the circumstances de- scribed in: (a) paragraphs 1(a)–(f) who, after April 5, 1917; (b) paragraphs 1(g)–(h) who, after March 28, 1973; (c) paragraph 1(i) who, after September 10, 2001; or (d) paragraph 1(j) who, after December 6, 1941, has been, or may hereafter be, killed, or who has died or may hereafter die after being wounded. 3. A wound for which the award is made must have been of such severity that it required treatment by a medical officer. 4. The Purple Heart is not authorized for a wound or death that results from the willful misconduct of the member. 5. The Purple Heart shall be forwarded to the next of kin of any person entitled to the posthumous award, without respect to whether a previous award has been made to such person, except that if the award results from service before December 7, 1941, the Purple Heart shall be forwarded to such next of kin upon his applica- tion therefore to the Secretary of the department con- cerned. 6. Except as authorized in paragraph 5, not more than one Purple Heart shall be awarded to any person, but for each subsequent award a Gold Star, or other suit- able device, shall be awarded to be worn with the Pur- ple Heart as prescribed by appropriate regulations to be issued by the Secretary of the department concerned. 7. When authorized by the Secretary of the depart- ment concerned, the award of the Purple Heart may be made by subordinate military commanders, or such other appropriate officers as the Secretary concerned may designate. 8. The Secretary of the department concerned may prescribe such regulations as he considers appropriate to carry out this order. The regulations of the Secre- taries of the departments with respect to the award of the Purple Heart shall, so far as practicable, be uni- form, and those of the military departments shall be subject to the approval of the Secretary of Defense. 9. This order supersedes Executive Order No. 10409 of November 12, 1952, entitled ‘‘Award of the Purple Heart to Persons Serving with the Navy, Marine Corps, or Page 1192 TITLE 10—ARMED FORCES § 1129a Coast Guard of the United States’’. However, existing regulations prescribed pursuant to that order, together with regulations prescribed under the authority of Gen- eral Orders No. 3, War Department, February 22, 1932, shall, so far as they are not inconsistent with this order, remain in effect until modified or revoked by regulations prescribed by the Secretary of the depart- ment concerned under this order. § 1129a. Purple Heart: members killed or wound- ed in attacks by foreign terrorist organiza- tions (a) IN GENERAL.—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 as a result of an inter- national terrorist attack against the United States. (b) COVERED MEMBERS.—(1) A member de- scribed in this subsection is a member on active duty who was killed or wounded in an attack by a foreign terrorist organization in cir- cumstances where the death or wound is the re- sult of an attack targeted on the member due to such member’s status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member. (2) For purposes of this section, an attack by an individual or entity shall be considered to be an attack by a foreign terrorist organization if— (A) the individual or entity was in commu- nication with the foreign terrorist organiza- tion before the attack; and (B) the attack was inspired or motivated by the foreign terrorist organization. (c) FOREIGN TERRORIST ORGANIZATION DE- FINED.—In this section, the term ‘‘foreign ter- rorist organization’’ means an entity designated as a foreign terrorist organization by the Sec- retary of State pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (Added Pub. L. 113–291, div. A, title V, § 571(a)(1)(A), Dec. 19, 2014, 128 Stat. 3387.) Statutory Notes and Related Subsidiaries RETROACTIVE EFFECTIVE DATE AND APPLICATION Pub. L. 113–291, div. A, title V, § 571(a)(2), Dec. 19, 2014, 128 Stat. 3387, provided that: ‘‘(A) EFFECTIVE DATE.—The amendments made by paragraph (1) [enacting this section] shall take effect as of September 11, 2001. ‘‘(B) REVIEW OF CERTAIN PREVIOUS INCIDENTS.—The Secretary concerned shall undertake a review of each death or wounding of a member of the Armed Forces that occurred between September 11, 2001, and the date of the enactment of this Act [Dec. 19, 2014] under cir- cumstances that could qualify as being the result of an attack described in section 1129a of title 10, United States Code (as added by paragraph (1)), to determine whether the death or wounding qualifies as a death or wounding resulting from an attack by a foreign ter- rorist organization for purposes of the award of the Purple Heart pursuant to such section (as so added). ‘‘(C) ACTIONS FOLLOWING REVIEW.—If the death or wounding of a member of the Armed Forces reviewed under subparagraph (B) is determined to qualify as a death or wounding resulting from an attack by a for- eign terrorist organization as described in section 1129a of title 10, United States Code (as so added), the Sec- retary concerned shall take appropriate action under such section to award the Purple Heart to the member. ‘‘(D) SECRETARY CONCERNED DEFINED.—In this para- graph, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code.’’ § 1130. Consideration of proposals for decora- tions not previously submitted in timely fashion: procedures for review (a) Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an indi- vidual or a unit, that is not otherwise author- ized to be presented or awarded due to limita- tions established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. (b) Upon making a determination under sub- section (a) as to the merits of approving the award or presentation of the decoration, the Secretary concerned shall submit to the Com- mittee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress a detailed discussion of the ration- ale supporting the determination. If the deter- mination includes a favorable recommendation for the award of the Medal of Honor, the Sec- retary of Defense, instead of the Secretary con- cerned, shall make the submission under this subsection. (c) Determinations under this section regard- ing the award or presentation of a decoration shall be made in accordance with the same pro- cedures that apply to the approval or dis- approval of the award or presentation of a deco- ration when a recommendation for such award or presentation is submitted in a timely manner as prescribed by law or regulation. (d) In this section: (1) The term ‘‘Member of Congress’’ means— (A) a Senator; or (B) a Representative in, or a Delegate or Resident Commissioner to, Congress. (2) The term ‘‘decoration’’ means any deco- ration or award that may be presented or awarded to a member or unit of the armed forces. (Added Pub. L. 104–106, div. A, title V, § 526(a), Feb. 10, 1996, 110 Stat. 313; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(10), Nov. 24, 2003, 117 Stat. 1597; Pub. L. 112–81, div. A, title V, § 524, Dec. 31, 2011, 125 Stat. 1401.) Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 112–81 inserted at end ‘‘If the determination includes a favorable recommenda- tion for the award of the Medal of Honor, the Secretary of Defense, instead of the Secretary concerned, shall make the submission under this subsection.’’ 2003—Pub. L. 108–136, § 1031(a)(10)(B), struck out ‘‘and recommendation’’ after ‘‘review’’ in section catchline. Subsec. (a). Pub. L. 108–136, § 1031(a)(10)(A)(i), struck out ‘‘and the other determinations necessary to comply with subsection (b)’’ after ‘‘of the decoration’’.