10 U.S.C. § 7275 — Medal of honor; distinguished-service

Page 3018 TITLE 10—ARMED FORCES § 7274 as well as the actual presentation of the medal, and to conform to other sections of this chapter. The words ‘‘or herself’’ are omitted, since, under section 1 of title 1, words importing the masculine gender include the feminine. The words ‘‘or who shall distinguish’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3743 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. § 7274. Medal of honor; distinguished-service cross; distinguished-service medal: limita- tions on award (a) No more than one distinguished-service cross or distinguished-service medal may be awarded to a person. However, for each suc- ceeding act that would otherwise justify the award of such a medal or cross, the President may award a suitable bar or other device to be worn as he directs. (b) Except as provided in subsection (c), no medal of honor, distinguished-service cross, dis- tinguished-service medal, or device in place thereof, may be awarded to a person unless— (1) the award is made within five years after the date of the act justifying the award; (2) a statement setting forth the distin- guished service and recommending official rec- ognition of it was made within three years after the distinguished service; and (3) it appears from records of the Depart- ment of the Army that the person is entitled to the award. (c) If the Secretary of the Army determines that— (1) a statement setting forth the distin- guished service and recommending official rec- ognition of it was made and supported by suf- ficient evidence within three years after the distinguished service; 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, distinguished-service cross, distinguished-service medal, or device in place thereof, as the case may be, may be awarded to the person concerned within two years after the date of that determination. (Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3744; Pub. L. 86–582, § 1(1), July 5, 1960, 74 Stat. 320; Pub. L. 113–66, div. A, title V, §§ 561(a), 562(a), Dec. 26, 2013, 127 Stat. 766; renumbered § 7274, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 116–92, div. A, title V, § 582(b)(1), Dec. 20, 2019, 133 Stat. 1412.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3744(a) ..... 3744(b) ..... 3744(c) ..... 10:1411. 10:1409 (words before 1st semicolon). 10:1409 (words after 2d semicolon). July 9, 1918, ch. 143 (12th par., less words after 2d semicolon, under ‘‘Ordnance Depart- ment’’); restated Jan. 24, 1920, ch. 55, § 1 (less last sentence), 41 Stat. 398. July 9, 1918, ch. 143 (less words between 1st and 2d semicolons of 15th par. under ‘‘Ordnance Department’’), 40 Stat. 871. In subsection (a), the words ‘‘may be awarded to a person’’ are substituted for the words ‘‘shall be issued to any one person’’ to conform to the other subsections of the revised section. In subsection (b), the word ‘‘thereof’’ is substituted for the words ‘‘of either of said medal or of said cross’’. The words ‘‘Except as otherwise prescribed in this sec- tion’’, ‘‘at the time of’’, ‘‘specific’’, ‘‘official’’, and ‘‘has so distinguished himself as’’ are omitted as surplusage. In subsection (c), 10:1409 (words after 3d semicolon) is omitted as executed. The words ‘‘hereinbefore author- ized’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92, § 582(b)(1)(A), sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (d)’’ in intro- ductory provisions. Subsecs. (c), (d). Pub. L. 116–92, § 582(b)(1)(B), (C), re- designated subsec. (d) as (c) and struck out former sub- sec. (c) which read as follows: ‘‘No medal of honor, dis- tinguished-service cross, distinguished-service medal, or device in place thereof, may be awarded or presented to a person whose service after he distinguished himself has not been honorable.’’ 2018—Pub. L. 115–232 renumbered section 3744 of this title as this section. 2013—Subsec. (a). Pub. L. 113–66, § 561(a), substituted ‘‘distinguished-service cross’’ for ‘‘medal of honor, dis- tinguished-service cross,’’. Subsec. (b)(1). Pub. L. 113–66, § 562(a)(1)(A), sub- stituted ‘‘five years’’ for ‘‘three years’’. Subsec. (b)(2). Pub. L. 113–66, § 562(a)(1)(B), substituted ‘‘three years’’ for ‘‘two years’’. Subsec. (d)(1). Pub. L. 113–66, § 562(a)(2), substituted ‘‘three years’’ for ‘‘two years’’. 1960—Subsec. (b). Pub. L. 86–582, § 1(1)(A), substituted ‘‘Except as provided in subsection (d), no’’ for ‘‘No.’’ Subsec. (d). Pub. L. 86–582, § 1(1)(B), added subsec. (d). 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. § 7275. Medal of honor; distinguished-service cross; distinguished-service medal: delega- tion of power to award The President may delegate his authority to award the medal of honor, distinguished-service cross, and distinguished-service medal, to a commanding general of a separate army or high- er unit in the field. (Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3745; re- numbered § 7275, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.) Page 3019 TITLE 10—ARMED FORCES § 7276 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3745 ......... 10:1410. July 9, 1918, ch. 143 (16th par., less words after semicolon, under ‘‘Ord- nance Department’’), 40 Stat. 872. The words ‘‘under such conditions, regulations, and limitations as he shall prescribe’’ are omitted as sur- plusage. The words ‘‘his authority’’ are substituted for the words ‘‘the power conferred upon him by sections 1403, 1406–1408, 1409–1412, 1416, 1420, 1422, 1423, and 1424 of this title’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3745 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. § 7276. Silver star: award The President may award a silver star of ap- propriate design, with ribbons and appur- tenances, to a person who, while serving in any capacity with the Army, is cited for gallantry in action that does not warrant a medal of honor or distinguished-service cross— (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations in- volving conflict with an opposing foreign force; or (3) while serving with friendly foreign forces engaged in an armed conflict against an oppos- ing armed force in which the United States is not a belligerent party. (Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3746; Pub. L. 88–77, § 1(3), July 25, 1963, 77 Stat. 93; renum- bered § 7276, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3746 ......... 10:1412. July 9, 1918, ch. 143 (words after 2d semi- colon of 12th par. under ‘‘Ordnance De- partment’’); restated Jan. 24, 1920, ch. 55, § 1 (last sentence); re- stated Dec. 15, 1942, ch. 736, 56 Stat. 1052. The words ‘‘may award’’ are inserted to conform to other sections of this chapter. The words ‘‘if the person earned’’ are inserted for clarity. The words ‘‘com- manded by’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3746 of this title as this section. 1963—Pub. L. 88–77 substituted provisions permitting the issuance of a silver star for gallantry while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or 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, and requiring it to be of appropriate design, for provisions which authorized the issuance of the silver star for gallantry in action and which required that the silver star be three-six- teenths of an inch in diameter, the citation thereof be published in orders issued from the headquarters of a force that is the appropriate command of a general offi- cer, and that it be worn as directed by the President. 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. Executive Documents EXECUTIVE ORDER NO. 9419 Ex. Ord. No. 9419, Feb. 4, 1944, 9 F.R. 1495, which au- thorized award of Bronze Star Medal, was superseded by Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended, set out below. EX. ORD. NO. 11046. BRONZE STAR MEDAL Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 13286, § 70, Feb. 28, 2003, 68 F.R. 10630; Ex. Ord. No. 14085, § 4, Oct. 3, 2022, 87 F.R. 60542, pro- vided: By virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: 1. The Bronze Star Medal, with accompanying ribbons and appurtenances, which was first established by Ex- ecutive Order No. 9419 of February 4, 1944, may be awarded by 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, or by such military commanders, or other appro- priate officers as the Secretary concerned may des- ignate, to those individuals who, while serving in any capacity in or with the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States, after December 6, 1941, distinguish, or have dis- tinguished, themselves by heroic or meritorious achievement or service not involving participation in aerial flight— (a) while engaged in an action against an enemy of the United States; (b) while engaged in military operations involving conflict with an opposing foreign force; or (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. 2. The Bronze Star Medal and appurtenances thereto shall be of appropriate design approved by the Sec- retary of Defense, and shall be awarded under such reg- ulations as the Secretary concerned may prescribe. Such regulations 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. 3. No more than one Bronze Star Medal shall be awarded to any one person, but for each succeeding he- roic or meritorious achievement or service justifying such an award a suitable device may be awarded to be worn with the medal as prescribed by appropriate regu- lations. 4. The Bronze Star Medal or device may be awarded posthumously and, when so awarded, may be presented to such representative of the deceased as may be