10 U.S.C. § 8298 — Limitations of time

Page 3220 TITLE 10—ARMED FORCES § 8297 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8297. Additional awards Not more than one Navy cross, distinguished- service medal, silver star medal, distinguished flying cross, or Navy and Marine Corps Medal may be awarded to a person. However, for each succeeding act or service that would otherwise justify the award of such a medal or cross, the President may award a suitable bar, emblem, or insignia to be worn with the decoration and cor- responding rosette or other device. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6247; Pub. L. 113–66, div. A, title V, § 561(b), Dec. 26, 2013, 127 Stat. 766; renumbered § 8297, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6247 ......... 34 U.S.C. 358. Feb. 4, 1919, ch. 14, § 5, 40 Stat. 1056; renumbered § 7 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744. 34 U.S.C. 364a (2d sen- tence). July 2, 1926, ch. 721, § 12 (2d sentence), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549. The word ‘‘awarded’’ is substituted for the word ‘‘issued’’ for uniformity. The words ‘‘that would other- wise justify’’ are substituted for the words ‘‘sufficient to justify’’ for clarity. The word ‘‘service’’ is sub- stituted for the word ‘‘achievement’’ for uniformity. The words ‘‘as he shall direct’’ are omitted as surplus- age. Editorial Notes PRIOR PROVISIONS A prior section 8297, acts Aug. 10, 1956, ch. 1041, 70A Stat. 510; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(8), 71 Stat. 387; July 12, 1960, Pub. L. 86–616, § 6(1), 74 Stat. 391, provided for selection boards to recommend pro- motion-list officers and brigadier generals of Regular Air Force for promotion in Regular Air Force, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 611 et seq. of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6247 of this title as this section. 2013—Pub. L. 113–66 struck out ‘‘medal of honor,’’ be- fore ‘‘Navy cross’’. 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. § 8298. Limitations of time (a) Except as provided in section 8296 of this title or subsection (b), no medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof may be awarded to a person unless— (1) the award is made within five years after the date of the act or service justifying the award; and (2) a statement setting forth the act or dis- tinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that act or service. (b) If the Secretary of the Navy determines that— (1) a statement setting forth the act or dis- tinguished service and recommending official recognition of it was made by the person’s su- perior through official channels within three years from the date of that act or service and was supported by sufficient evidence within that time; 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, Navy cross, distinguished- service medal, silver star medal, Navy and Ma- rine Corps Medal, or bar, emblem, or insignia in place thereof, as the case may be, may be award- ed to the person within two years after the date of that determination. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6248; Pub. L. 86–582, § 1(2), July 5, 1960, 74 Stat. 320; renum- bered § 8298 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6248 ......... 34 U.S.C. 360. Feb. 4, 1919, ch. 14, § 7, 40 Stat. 1056; renumbered § 9 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744. The words ‘‘Except as provided in section 6246 of this title’’ are substituted for the words ‘‘That except as otherwise prescribed herein’’ to identify the only ex- ception. The words ‘‘may be awarded to a person’’ are substituted for the words ‘‘shall be issued to any per- son’’ for uniformity. The words ‘‘specific’’, ‘‘or report distinctly’’, and ‘‘at the time of’’ are omitted as sur- plusage. The words ‘‘bar, emblem, or insignia’’ are sub- stituted for the words ‘‘or bar or other suitable emblem or insignia’’ for uniformity. The words ‘‘from the date of that act or service’’ are substituted for the word ‘‘thereafter’’. Editorial Notes PRIOR PROVISIONS A prior section 8298, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(9), title IV, § 401(1), 71 Stat. 387, 390, provided for promotion from grade of second lieutenant to first lieutenant after three years of service, discharge under section 8814 of this title upon failure of promotion, and filling vacancies for first lieutenants with second lieutenants, except Air Force nurses and medical specialists, prior to completion of three years of service, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 630 of this title. AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(13), renumbered section 6248 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8296’’ for ‘‘section 6246’’ in introductory provisions. Page 3221 TITLE 10—ARMED FORCES § 8301 1960—Pub. L. 86–582 designated existing provisions as subsec. (a), inserted ‘‘or subsection (b)’’ after ‘‘title’’, and added subsec. (b). 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. [§ 8299. Repealed. Pub. L. 116–92, div. A, title V, § 582(b)(2)(A), Dec. 20, 2019, 133 Stat. 1412] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6249; renumbered § 8299, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836, related to limitation of honorable service. A prior section 8299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(10), title IV, § 401(1), 71 Stat. 387, 390; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(21), 72 Stat. 1565; Sept. 30, 1966, Pub. L. 89–609, § 1(29), 80 Stat. 854; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(A), 81 Stat. 382, provided that promotion-list offi- cers be promoted to regular grades of captain, major, and lieutenant colonel, after specified length of service or without regard to length of service in view of actual or anticipated vacancies if Secretary of Air Force so di- rects, or be eliminated from active list under section 8303 of this title and a promotion-list officer who has twice been considered and not recommended for pro- motion to any one regular grade not be again consid- ered for promotion under this section, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See sections 631 and 632 of this title. § 8300. Posthumous awards If a person who distinguishes himself dies be- fore an award to which he is entitled is made, the award may be made and the medal, cross, or bar, or associated emblem or insignia may be presented, within five years from the date of the act or service justifying the award, to his rep- resentative as designated by the President. (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6250; re- numbered § 8300, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6250 ......... 34 U.S.C. 363. Feb. 4, 1919, ch. 14, § 8 (less 1st and 2d pro- visos), 40 Stat. 1057; re- numbered § 10 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 745. 34 U.S.C. 364a (3d sen- tence, less last 31 words). July 2, 1926, ch. 721, § 12 (3d sentence, less last 31 words), 44 Stat. 789; July 30, 1937, ch. 545, § 4, 50 Stat. 549. The word ‘‘associated’’ is substituted for the word ‘‘other’’ to relate the medal or cross to its emblem or insignia. Editorial Notes PRIOR PROVISIONS A prior section 8300, acts Aug. 10, 1956, ch. 1041, 70A Stat. 513; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(11), 71 Stat. 388; July 12, 1960, Pub. L. 86–616, § 6(2), 74 Stat. 391; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(B), 81 Stat. 382, provided for selection board procedure when pro- motion-list officers in regular grade of first lieutenant, captain, or major are to be considered for promotion under section 8299 of this title, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effec- tive Sept. 15, 1981. See section 611 et seq. of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6250 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. § 8301. Delegation of power to award The President may delegate, under such condi- tions as he prescribes, to flag and general offi- cers who are commanders-in-chief or com- manding on important independent duty, his au- thority to award the Navy cross, the distin- guished-service medal, the silver star medal, or the Navy and Marine Corps Medal. (Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6251; re- numbered § 8301, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6251 ......... 34 U.S.C. 364 (less 10th, and last 47 words). Feb. 4, 1919, ch. 14, § 9 (less applicability to regulations), 40 Stat. 1057; renumbered § 11 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 745. The term ‘‘flag officers’’ is used generically in 34 U.S.C. 364. Officers of the Marine Corps who meet the duty requirements, if in the equivalent grades, are, therefore, within its terms and the authority to make the awards has been delegated to such officers. Editorial Notes PRIOR PROVISIONS A prior section 8301, acts Aug. 10, 1956, ch. 1041, 70A Stat. 513; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(12), 71 Stat. 388; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(C), 81 Stat. 382, provided for, in addition to method prescribed in section 8300 of this title, promotion to captain, major, or lieutenant colonel of officers with special qualifications, whenever there are vacancies on Air Force promotion list in regular grade of captain, major, or lieutenant colonel and Secretary of Air Force considers that there are or will be too few officers in any of those grades with special qualifications, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6251 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.