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10 U.S.C. § 9274 — Medal of honor; Air Force cross; distin-

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9274 — Medal of honor; Air Force cross; distin-

Page 3480 TITLE 10—ARMED FORCES § 9274 feminine. The words ‘‘or who shall distinguish’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8743 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. § 9274. Medal of honor; Air Force cross; distin- guished-service medal: limitations on award (a) No more than one Air Force Cross or dis- tinguished-service medal may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a medal or cross, the President may award a suit- able bar or other device to be worn as he directs. (b) Except as provided in subsection (c), no medal of honor, Air Force cross, distinguished- 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 Air Force that the person is enti- tled to the award. (c) If the Secretary of the Air Force deter- mines 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 serv

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Page 3480 TITLE 10—ARMED FORCES § 9274 feminine. The words ‘‘or who shall distinguish’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8743 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. § 9274. Medal of honor; Air Force cross; distin- guished-service medal: limitations on award (a) No more than one Air Force Cross or dis- tinguished-service medal may be awarded to a person. However, for each succeeding act that would otherwise justify the award of such a medal or cross, the President may award a suit- able bar or other device to be worn as he directs. (b) Except as provided in subsection (c), no medal of honor, Air Force cross, distinguished- 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 Air Force that the person is enti- tled to the award. (c) If the Secretary of the Air Force deter- mines 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, Air Force cross, distinguished- service medal, or device in place thereof, as the case may be, may be awarded to the person con- cerned within two years after the date of that determination. (Aug. 10, 1956, ch. 1041, 70A Stat. 540, § 8744; Pub. L. 86–582, § 1(3), July 5, 1960, 74 Stat. 320; Pub. L. 86–593, § 1(2), July 6, 1960, 74 Stat. 331; Pub. L. 113–66, div. A, title V, §§ 561(c), 562(b), Dec. 26, 2013, 127 Stat. 766; renumbered § 9274, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–92, div. A, title V, § 582(b)(3), Dec. 20, 2019, 133 Stat. 1412.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8744(a) ..... 8744(b) ..... 8744(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)(3)(A), sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (d)’’ in intro- ductory provisions. Subsecs. (c), (d). Pub. L. 116–92, § 582(b)(3)(B), (C), re- designated subsec. (d) as (c) and struck out former sub- sec. (c) which read as follows: ‘‘No medal of honor, Air Force 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 8744 of this title as this section. 2013—Subsec. (a). Pub. L. 113–66, § 561(c), substituted ‘‘Air Force Cross’’ for ‘‘medal of honor, Air Force cross,’’. Subsec. (b)(1). Pub. L. 113–66, § 562(b)(1)(A), sub- stituted ‘‘five years’’ for ‘‘three years’’. Subsec. (b)(2). Pub. L. 113–66, § 562(b)(1)(B), substituted ‘‘three years’’ for ‘‘two years’’. Subsec. (d)(1). Pub. L. 113–66, § 562(b)(2), substituted ‘‘three years’’ for ‘‘two years’’. 1960—Pub. L. 86–593 substituted ‘‘Air Force cross’’ for ‘‘distinguished-service cross’’ in section catchline and wherever appearing in subsecs. (a) to (d). Subsec. (b). Pub. L. 86–582, § 1(3)(A), substituted ‘‘Ex- cept as provided in subsection (d), no’’ for ‘‘No’’. Subsec. (d). Pub. L. 86–582, § 1(3)(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. PERSONS AWARDED DISTINGUISHED-SERVICE CROSS OR SOLDIER’S MEDAL BEFORE JULY 6, 1960 Pub. L. 86–593, § 2, July 6, 1960, 74 Stat. 332, as amend- ed by Pub. L. 115–232, div. A, title VIII, § 809(b)(12), Aug. 13, 2018, 132 Stat. 1841, provided that: ‘‘For the purposes of sections 9274(a) and 9280(b) of title 10, United States Code, a person who was awarded a distinguished-service cross or Soldier’s Medal before the date of enactment of this Act [July 6, 1960] shall be treated as if he had not been awarded an Air Force cross or Airman’s Medal, as the case may be.’’ Page 3481 TITLE 10—ARMED FORCES § 9277 § 9275. Medal of honor; Air Force cross; distin- guished-service medal: delegation of power to award The President may delegate his authority to award the medal of honor, Air Force cross, and distinguished-service medal, to a commanding general of a separate air force or higher unit in the field, or to an equivalent commander of a separate space force or higher unit in the field. (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8745; Pub. L. 86–593, § 1(3), July 6, 1960, 74 Stat. 332; renum- bered § 9275, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(12)(B), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8745 ......... 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 2021—Pub. L. 116–283 inserted before period at end ‘‘, or to an equivalent commander of a separate space force or higher unit in the field’’. 2018—Pub. L. 115–232 renumbered section 8745 of this title as this section. 1960—Pub. L. 86–593 substituted ‘‘Air Force cross’’ for ‘‘distinguished-service cross’’ in section catchline and in text. 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. § 9276. 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 Air Force or the Space Force, is cited for gallantry in action that does not warrant a medal of honor or Air Force 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. 541, § 8746; Pub. L. 88–77, § 3(3), July 25, 1963, 77 Stat. 95; renum- bered § 9276, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(c)(12)(A)(iv), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8746 ......... 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 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘the Air Force’’ in introductory provisions. 2018—Pub. L. 115–232 renumbered section 8746 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. § 9277. Medal of honor; Air Force cross; distin- guished-service cross; distinguished-service medal; silver star: replacement Any medal of honor, Air Force cross, distin- guished-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 ne- glect of the person to whom it was awarded, shall be replaced without charge. (Aug. 10, 1956, ch. 1041, 70A Stat. 541, § 8747; Pub. L. 86–593, § 1(4), July 6, 1960, 74 Stat. 332; Pub. L. 107–107, div. A, title V, § 553(c)(2), Dec. 28, 2001, 115 Stat. 1116; renumbered § 9277, Pub. L. 115–232, div. A, title VIII, § 806(b)(11), Aug. 13, 2018, 132 Stat. 1833.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8747 ......... 10:1416. July 9, 1918, ch. 143 (14th par. under ‘‘Ordnance Department’’), 40 Stat. 871.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9274 — Medal of honor; Air Force cross; distinguished-service medal: limitations on award

**(a)** No more than one Air Force Cross or distinguished-service medal may be awarded to a person. However, for each succeeding 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, Air Force cross, distinguished-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 distinguished service and recommending official recognition of it was made within three years after the distinguished service; and (3) it appears from records of the Department of the Air Force that the person is entitled to the award. **(c)** If the Secretary of the Air Force determines that— (1) a statement setting forth the distinguished service and recommending official recognition of it was made and supported by sufficient evidence within three years after the distinguished service; and (2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted on; a medal of honor, Air Force 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.

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