10 U.S.C. § 7276 — Silver star: award

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 Page 3020 TITLE 10—ARMED FORCES § 7277 deemed appropriate by the Secretary of the department concerned. 5. This order shall supersede Executive Order No. 9419 of February 4, 1944, entitled ‘‘Bronze Star Medal’’. How- ever, existing regulations prescribed under that order shall, so far as they are not inconsistent with this order, remain in effect until modified or revoked by regulations prescribed under this order by the Sec- retary of the department concerned. [Section 4(a) of Ex. Ord. No. 14085, which directed sub- stitution of ‘‘Homeland Security’’ for ‘‘Transportation’’ in par. 1 of Ex. Ord. No. 11046, set out above, could not be executed due to the prior identical amendment by Ex. Ord. No. 13286.] § 7277. Medal of honor; distinguished-service cross; distinguished-service medal; silver star: replacement Any medal of honor, distinguished-service cross, distinguished-service medal, or silver star, or any bar, ribbon, rosette, or other device issued for wear with or in place of any of them, that is stolen, lost, or destroyed, or becomes unfit for use, without fault or neglect of the per- son to whom it was awarded, shall be replaced without charge. (Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3747; Pub. L. 107–107, div. A, title V, § 553(a)(2), Dec. 28, 2001, 115 Stat. 1116; renumbered § 7277, 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) 3747 ......... 10:1416. July 9, 1918, ch. 143 (14th par. under ‘‘Ordnance Department’’), 40 Stat. 871. The words ‘‘issued for wear with or in place of any of them’’ are inserted for clarity. The words ‘‘presented under the provisions of this title’’ and ‘‘such medal, cross, bar, ribbon, rosette, or device’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3747 of this title as this section. 2001—Pub. L. 107–107 substituted ‘‘stolen, lost, or de- stroyed’’ for ‘‘lost or destroyed’’. 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. § 7278. Medal of honor; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations The Secretary of the Army may spend, from any appropriation for contingent expenses of the Department of the Army, amounts necessary to provide medals and devices under sections 7271, 7272, 7273, 7274, 7276, 7277, and 7282 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 217, § 3748; re- numbered § 7278 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3748 ......... 10:1424. July 9, 1918, ch. 143 (13th par. under ‘‘Ordnance Department’’), 40 Stat. 871. The word ‘‘amounts’’ is substituted for the words ‘‘so much as may be’’. The word ‘‘provide’’ is substituted for the words ‘‘defray the cost of’’. The words ‘‘medals and devices under’’ are substituted for the words ‘‘med- als of honor, distinguished-service crosses, distin- guished-service medals, bars, rosettes, and other de- vices provided for in’’. The words ‘‘from time to time’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 809(a), substituted ‘‘sections 7271, 7272, 7273, 7274, 7276, 7277, and 7282’’ for ‘‘sections 3741, 3742, 3743, 3744, 3746, 3747, and 3752’’. Pub. L. 115–232, § 808(b)(11), renumbered section 3748 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. § 7279. Distinguished flying cross: award; limita- tions (a) The President may award a distinguished flying cross of appropriate design with accom- panying ribbon to any person who, while serving in any capacity with the Army, distinguishes himself by heroism or extraordinary achieve- ment while participating in an aerial flight. (b) Not more than one distinguished flying cross may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a cross, the President may award a suitable bar or other device to be worn as he directs. (c) No distinguished flying cross, or device in place thereof, may be awarded or presented to a person whose service after he distinguished him- self has not been honorable. (Aug. 10, 1956, ch. 1041, 70A Stat. 217, § 3749; re- numbered § 7279, 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) 3749(a) ..... 3749(b) ..... 3749(c) ..... 10:1429 (less 2d and last sentences). 10:1429 (2d sentence). 10:1429 (last sentence, less 1st 49 words). July 2, 1926, ch. 721, § 12 (less 1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, § 4, 50 Stat. 549. Although 10:1429 refers to persons serving ‘‘with the Air Corps of the Army’’, and the functions of the Army Air Corps have been transferred to the Air Force under section 208(b) of the National Security Act of 1947 (5 U.S.C. 626c(b)), members of the Army continue to par- ticipate in aerial flights and are eligible for the award of the distinguished flying cross. In subsection (a), the words ‘‘Under such rules and regulations as he may prescribe’’ are omitted, since the