10 U.S.C. § 7273 — Distinguished-service medal: award

Page 3017 TITLE 10—ARMED FORCES § 7273 ‘‘(1) section 3744, 6248, or 8744 [now 7274, 8298, or 9274] of title 10, United States Code, as applicable; and ‘‘(2) any regulation or other administrative restric- tion on— ‘‘(A) the time for awarding the Medal of Honor; or ‘‘(B) the awarding of the Medal of Honor for serv- ice for which a Distinguished Service Cross, Navy Cross, or Air Force Cross has been awarded. ‘‘(g) DEFINITION.—For purposes of this section, the term ‘Jewish American war veteran’ means any person who served in the Armed Forces during World War II or a later period of war and who identified himself or her- self as Jewish on his or her military personnel records.’’ REVIEW REGARDING UPGRADING OF DISTINGUISHED- SERVICE CROSSES AND NAVY CROSSES AWARDED TO ASIAN-AMERICANS AND NATIVE AMERICAN PACIFIC IS- LANDERS FOR WORLD WAR II SERVICE Pub. L. 104–106, div. A, title V, § 524, Feb. 10, 1996, 110 Stat. 312, provided that: ‘‘(a) REVIEW REQUIRED.—(1) The Secretary of the Army shall review the records relating to each award of the Distinguished-Service Cross, and the Secretary of the Navy shall review the records relating to each award of the Navy Cross, that was awarded to an Asian- American or a Native American Pacific Islander with respect to service as a member of the Armed Forces during World War II. The purpose of the review shall be to determine whether any such award should be up- graded to the Medal of Honor. ‘‘(2) If the Secretary concerned determines, based upon the review under paragraph (1), that such an up- grade is appropriate in the case of any person, the Sec- retary shall submit to the President a recommendation that the President award the Medal of Honor to that person. ‘‘(b) WAIVER OF TIME LIMITATIONS.—A Medal of Honor may be awarded to a person referred to in subsection (a) in accordance with a recommendation of the Sec- retary concerned under that subsection without regard to— ‘‘(1) section 3744, 6248, or 8744 [now 7274, 8298, or 9274] of title 10, United States Code, as applicable; and ‘‘(2) any regulation or other administrative restric- tion on— ‘‘(A) the time for awarding the Medal of Honor; or ‘‘(B) the awarding of the Medal of Honor for serv- ice for which a Distinguished-Service Cross or Navy Cross has been awarded. ‘‘(c) DEFINITION.—For purposes of this section, the term ‘Native American Pacific Islander’ means a Na- tive Hawaiian and any other Native American Pacific Islander within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).’’ § 7272. Distinguished-service cross: award The President may award a distinguished- service cross of appropriate design, with ribbons and appurtenances, to a person who, while serv- ing in any capacity with the Army, distin- guishes himself by extraordinary heroism not justifying the award of a medal of honor— (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. 215, § 3742; Pub. L. 88–77, § 1(2), July 25, 1963, 77 Stat. 93; renum- bered § 7272, 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) 3742 ......... 10:1406. July 9, 1918, ch. 143 (9th par. under ‘‘Ordnance Department’’), 40 Stat. 870. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words ‘‘since the 6th day of April, 1917’’ are omitted as exe- cuted. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipients 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 hereafter distin- guish’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3742 of this title as this section. 1963—Pub. L. 88–77 enlarged authority to award the distinguished-service cross, which was limited to those cases in which persons distinguished themselves in con- nection with military operations against an armed enemy, to permit its award for extraordinary heroism not justifying award of a medal of honor, while engaged in an action against an enemy of United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friend- ly foreign forces engaged in an armed conflict against an opposing armed force in which United States is not a belligerent party. 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. § 7273. Distinguished-service medal: award The President may award a distinguished- service medal of appropriate design and a rib- bon, together with a rosette or other device to be worn in place thereof, to a person who, while serving in any capacity with the Army, distin- guishes himself by exceptionally meritorious service to the United States in a duty of great responsibility. (Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3743; re- numbered § 7273, 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) 3743 ......... 10:1407. July 9, 1918, ch. 143 (10th par., less words after 1st semicolon, under ‘‘Ordnance Depart- ment’’), 40 Stat. 870. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words ‘‘since the 6th day of April, 1917’’ are omitted as exe- cuted. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipients 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.)