10 U.S.C. § 1121 — Legion of Merit: award

Page 1185 TITLE 10—ARMED FORCES § 1122 the award recommendation was made within 2 years of the qualifying act or achievement; or (v) on or after September 11, 2001, no award shall be made except in accordance with any time limitations established in regulations by the Secretary of the mili- tary department concerned or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (e) The Distinguished Flying Cross may be awarded posthumously. When so awarded, it may be presented to such representative of the deceased as may be deemed appropriate by the Secretary of the military department concerned, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (f) Not more than one Distinguished Flying Cross may be awarded to any one person. For each succeeding act of heroism or extraordinary achievement justifying such an award, a suitable bar or other device may be awarded to be worn with the medal. SEC. 6. Soldier’s Medal, Navy and Marine Corps Medal, Airman’s Medal, and Coast Guard Medal. (a) The Secretary of the military department con- cerned, or the Secretary of Homeland Security with re- spect to the Coast Guard when it is not operating as a service in the Navy, may award the Soldier’s Medal, Navy and Marine Corps Medal, Airman’s Medal, and Coast Guard Medal in the name of the President to those individuals who, while serving in any capacity with the Army, Navy, Marine Corps, Air Force, or Coast Guard, as the case may be, distinguish them- selves by heroism not involving actual conflict with an enemy. (b) The Secretary of the Navy may award the Navy and Marine Corps Medal 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 her- oism. (c) Not more than one Soldier’s Medal, Navy and Ma- rine Corps Medal, Airman’s Medal, or Coast Guard Medal may be awarded to any one person. For each suc- ceeding act of heroism justifying such an award, a suit- able bar or other device may be awarded to be worn with the medal. SEC. 7. Regulations. The Secretary of the military de- partment concerned, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe such regulations as they may deem appropriate to carry out this order. The regulations of the Secretaries of the military departments concerned with respect to the award of the Silver Star Medal, Distinguished Flying Cross, and Legion of Merit shall, so far as practicable, be uniform and shall be subject to the approval of the Secretary of Defense. SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order supersedes Executive Order 4601 of March 1, 1927, as amended, and Executive Order 9260 of October 29, 1942, as amended. However, existing regula- tions prescribed pursuant to those orders, shall, so far as they are not inconsistent with this order, remain in effect until modified or revoked by regulations pre- scribed by the Secretary of the military department concerned, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, under this order. (d) This order is not intended to, and does not, invali- date any award of military decorations covered by this order made prior to the effective date of this order. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. § 1121. Legion of Merit: award The President, under regulations to be pre- scribed by him, may award a decoration called the ‘‘Legion of Merit’’, having suitable appur- tenances and devices and not more than four de- grees, to any member of the armed forces of the United States or of any friendly foreign nation who, after September 8, 1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services. (Aug. 10, 1956, ch. 1041, 70A Stat. 88.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1121 ......... 10:1408b(1). July 20, 1942, ch. 508, § 2(1), 56 Stat. 662. The words ‘‘Government of the Philippines’’ are omit- ted as covered by the words ‘‘any friendly foreign na- tion’’. The words ‘‘There is created’’, ‘‘rules and’’, and ‘‘the proclamation of an emergency by the President on’’ are omitted as surplusage. § 1122. Medal for Merit: award The President, under regulations to be pre- scribed by him, may award a decoration called the ‘‘Medal for Merit’’, having distinctive appur- tenances and devices and only one degree, to any civilian of any nation prosecuting the war in existence on July 20, 1942, under the joint dec- laration of the United Nations, as then con- stituted, or of any other friendly foreign nation, who, after September 8, 1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services. The Medal for Merit may be awarded to a civilian of a foreign nation but only for performing an exceptionally meritorious or courageous act in the further- ance of the war efforts of the United Nations as then constituted. (Aug. 10, 1956, ch. 1041, 70A Stat. 88.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1122 ......... 10:1408b (less (1)). July 20, 1942, ch. 508, § 2 (less (1)), 56 Stat. 663. The words ‘‘in existence on July 20, 1942’’ are inserted for clarity and refer to the war in existence on the date of enactment of the source statute. The words ‘‘as then constituted’’ are inserted for clarity, since the United Nations organization in existence on July 20, 1942, was not the present United Nations organization. The words ‘‘There is created’’, ‘‘rules and’’, and ‘‘the proclamation of an emergency by the President on’’ are omitted as surplusage. Executive Documents EX. ORD. NO. 9637. MEDAL FOR MERIT Ex. Ord. No. 9637, Oct. 3, 1945, 10 F.R. 12543, as amend- ed by Ex. Ord. No. 9857A, May 27, 1947, 12 F.R. 3583, pro- vided: 1. The decoration of the Medal for Merit shall be awarded only by the President of the United States or at his direction. Awards of the Medal for Merit may be made to such civilians of the nations prosecuting the