10 U.S.C. § 8292 — Navy cross

Page 3217 TITLE 10—ARMED FORCES § 8292 service, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty— (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. 389, § 6241; Pub. L. 88–77, § 2(1), July 25, 1963, 77 Stat. 93; Pub. L. 104–106, div. A, title XV, § 1503(b)(2), Feb. 10, 1996, 110 Stat. 512; renumbered § 8291, 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) 6241 ......... 34 U.S.C. 354. Feb. 4, 1919, ch. 14, § 1, 40 Stat. 1056; Aug. 7, 1942, ch. 551, § 1, 56 Stat. 743. In subsection (a) the word ‘‘award’’ is added for clar- ity since the President determines the recipient, in ad- dition to presenting the medal in the name of Congress. The words ‘‘a member of the naval service’’ are sub- stituted for the words ‘‘in the naval service of the United States’’ for uniformity. The word ‘‘distin- guishes’’ is substituted for the words ‘‘shall * * * dis- tinguish’’ for uniformity. In subsection (b) the words ‘‘of the medal of honor au- thorized on August 8, 1942’’ are substituted for the words ‘‘adopted pursuant to the Act approved Decem- ber 21, 1861 (12 Stat. 330)’’ for the reason that the 1861 Act does not establish the design, and the date of for- mal adoption of the design of the medal is obscure. The effect of the subsection is to continue the design recog- nized by 34 U.S.C. 354. Editorial Notes PRIOR PROVISIONS A prior section 8291, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, related to original appointments in Regular Air Force of nurses or woman medical specialists, and prescribed qualifications for appointment as a nurse, prior to repeal by Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6241 of this title as this section. 1996—Par. (2). Pub. L. 104–106 inserted ‘‘or’’ after ‘‘an opposing foreign force;’’. 1963—Pub. L. 88–77 enlarged the authority to award the medal of honor, which was limited to those cases in which persons distinguished themselves in action in- volving actual conflict with an enemy, or in the line of his profession, and without detriment to the mission of his command or to the command to which attached, to permit its award for distinguished service while en- gaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serv- ing 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 sub- stituted the requirement that it be of appropriate de- sign, with ribbons and appurtenances, for the require- ment that it be the same as that authorized on August 8, 1942. 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 MERITORIOUS SERVICE MEDAL Establishment of, see Ex. Ord. No. 11448, set out as a note preceding section 1121 of this title. § 8292. Navy cross The President may award a Navy cross of ap- propriate design, with ribbons and appur- tenances, to a person who, while serving in any capacity with the Navy or Marine Corps, 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. 389, § 6242; Pub. L. 88–77, § 2(2), July 25, 1963, 77 Stat. 94; renum- bered § 8292, 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) 6242 ......... 34 U.S.C. 356. Feb. 4, 1919, ch. 14, § 3, 40 Stat. 1056; renumbered § 2 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 743. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipient as well as the actual presenting of the decoration. The words ‘‘but not in the name of Congress’’ are omitted, since a decoration is presented in the name of Congress only if the law so directs. The words ‘‘Navy or the Ma- rine Corps’’ are substituted for the words ‘‘naval serv- ice of the United States’’ for clarity. To be eligible for the award, a person need not be a member of the naval service, but only serving in some capacity either with the Navy or with the Marine Corps. Executive Documents AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6242 of this title as this section. 1963—Pub. L. 88–77 enlarged the authority to award the Navy cross, which was limited to those cases in which persons distinguished themselves in connection with military operations against an armed enemy, to permit its award for extraordinary heroism not justi- fying the award of a medal of honor, 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 friend- ly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. Page 3218 TITLE 10—ARMED FORCES § 8293 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. § 8293. Distinguished-service medal 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 any person who, while serving in any capacity with the Navy or the Marine Corps, distinguishes himself by ex- ceptionally meritorious service to the United States in a duty of great responsibility. (Aug. 10, 1956, ch. 1041, 70A Stat. 389, § 6243; re- numbered § 8293, 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) 6243 ......... 34 U.S.C. 355. Feb. 4, 1919, ch. 14, § 2, 40 Stat. 1056; renumbered § 3 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 743. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipient as well as the actual presenting of the decoration. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a decoration is presented in the name of Congress only if Congress so directs. The words ‘‘Navy or the Marine Corps’’ are substituted for the words ‘‘Navy of the United States’’ because the provi- sion is interpreted as authorizing the award of the medal to persons serving with the Marine Corps as well as with the Navy. The words ‘‘since the sixth day of April 1917 has distinguished’’ are omitted as executed. The words ‘‘United States’’ are substituted for the word ‘‘Government’’ for uniformity. Editorial Notes PRIOR PROVISIONS A prior section 8293, act Aug. 10, 1956, ch. 1041, 70A Stat. 509, provided that no person in civil life be origi- nally appointed as a chaplain in Regular Air Force un- less he has passed an examination prescribed by Presi- dent as to his moral, mental, and physical qualifica- tions, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 532 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6243 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. § 8294. Silver star medal The President may award a silver star medal of appropriate design, with ribbons and appur- tenances, to a person who, while serving in any capacity with the Navy or Marine Corps, is cited for gallantry in action that does not warrant a medal of honor or Navy 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. 389, § 6244; Pub. L. 88–77, § 2(3), July 25, 1963, 77 Stat. 94; renum- bered § 8294, 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) 6244 ......... 34 U.S.C. 356a. Feb. 4, 1919, ch. 14, § 4; added Aug. 7, 1942, ch. 551, § 1, 56 Stat. 743. The word ‘‘award’’ is substituted for the word ‘‘present’’ to cover the determination of the recipient as well as the actual presenting of the decoration. The words ‘‘but not in the name of Congress’’ are omitted as surplusage, since a decoration is presented in the name of Congress only if the law so directs. The words ‘‘Navy or the Marine Corps’’ are substituted for the words ‘‘Navy of the United States’’ because the provi- sion is interpreted as authorizing the award of the medal to persons serving with the Marine Corps. The words ‘‘since December 6, 1941, has distinguished him- self’’ are omitted as executed. Editorial Notes PRIOR PROVISIONS A prior section 8294, acts Aug. 10, 1956, ch. 1041, 70A Stat. 509; Sept. 2, 1958, Pub. L. 85–861, § 1(173), 72 Stat. 1518, provided that original appointments in Regular Air Force be made in grades of first lieutenant through colonel for medical and dental officers as Air Force re- quires, from qualified doctors of medicine, osteopathy, or dentistry who are citizens of the United States and have such other qualifications as Secretary of Air Force prescribes, with specific additional eligibility re- quirements for a doctor of osteopathy, and that officers so appointed receive service credit for determining grade, position on a promotion list, seniority in grade in Regular Air Force, and eligibility for promotion, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 532 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6244 of this title as this section. 1963—Pub. L. 88–77 enlarged the authority to award a silver star medal, which was limited to those cases in which persons distinguished themselves in action, to permit its award for gallantry while engaged in an ac- tion against an enemy of the United States, while en- gaged 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. 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