-CITE-

10 USC CHAPTER 57 - DECORATIONS AND AWARDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 57 - DECORATIONS AND AWARDS

.

-HEAD-

CHAPTER 57 - DECORATIONS AND AWARDS

-MISC1-

Sec.

1121. Legion of Merit: award.

1122. Medal for Merit: award.

1123. Right to wear badges of military societies.

1124. Cash awards for disclosures, suggestions, inventions, and

scientific achievements.

1125. Recognition for accomplishments: award of trophies.

1126. Gold star lapel button: eligibility and distribution.

1127. Precedence of the award of the Purple Heart.

1128. Prisoner-of-war medal: issue.

1129. Purple Heart: members killed or wounded in action by friendly

fire.

1130. Consideration of proposals for decorations not previously

submitted in timely fashion: procedures for review and

recommendation.

1131. Purple Heart: limitation to members of the armed forces.

1132. Presentation of decorations: prohibition on entering

correctional facilities for presentation to prisoners convicted

of serious violent felonies.

1133. Bronze star: limitation to members receiving imminent danger

pay.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 541(b)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-114, added item 1133.

1998 - Pub. L. 105-261, div. A, title V, Sec. 537(b), Oct. 17,

1998, 112 Stat. 2019, added item 1132.

1997 - Pub. L. 105-85, div. A, title V, Sec. 571(a)(2), Nov. 18,

1997, 111 Stat. 1756, added item 1131.

1996 - Pub. L. 104-106, div. A, title V, Sec. 526(b), Feb. 10,

1996, 110 Stat. 314, added item 1130.

1993 - Pub. L. 103-160, div. A, title XI, Sec. 1141(b), Nov. 30,

1993, 107 Stat. 1757, added item 1129.

1985 - Pub. L. 99-145, title V, Sec. 532(a)(2), title XII, Sec.

1225(a)(2)(B), Nov. 8, 1985, 99 Stat. 634, 730, inserted

''disclosures,'' and substituted ''and'' for ''or'' in item 1124,

and added item 1128.

1984 - Pub. L. 98-525, title V, Sec. 553(b), Oct. 19, 1984, 98

Stat. 2532, added item 1127.

1966 - Pub. L. 89-718, Sec. 9, Nov. 2, 1966, 80 Stat. 1117,

redesignated item 1124, added by Pub. L. 89-534, Sec. 1(2), Aug.

11, 1966, 80 Stat. 345, as 1126.

Pub. L. 89-534, Sec. 1(2), Aug. 11, 1966, 80 Stat. 345, added

item 1124, relating to eligibility for and distribution of gold

star lapel button.

Pub. L. 89-529, Sec. 1(2), Aug. 11, 1966, 80 Stat. 339, added

item 1125.

1965 - Pub. L. 89-198, Sec. 1(2), Sept. 22, 1965, 79 Stat. 831,

added item 1124, relating to payment of cash awards for members of

armed forces for suggestions, inventions, or scientific

achievements.

COMMENDATION OF MEMBERS OF ARMED FORCES AND GOVERNMENT CIVILIAN

PERSONNEL WHO SERVED DURING COLD WAR

Pub. L. 105-85, div. A, title X, Sec. 1084, Nov. 18, 1997, 111

Stat. 1919, provided that:

''(a) Findings. - The Congress finds the following:

''(1) During the period of the Cold War, from the end of World

War II until the collapse of the Soviet Union in 1991, the United

States and the Soviet Union engaged in a global military rivalry.

''(2) This rivalry, potentially the most dangerous military

confrontation in the history of mankind, has come to a close

without a direct superpower military conflict.

''(3) Military and civilian personnel of the Department of

Defense, personnel in the intelligence community, members of the

foreign service, and other officers and employees of the United

States faithfully performed their duties during the Cold War.

''(4) Many such personnel performed their duties while isolated

from family and friends and served overseas under frequently

arduous conditions in order to protect the United States and

achieve a lasting peace.

''(5) The discipline and dedication of those personnel were

fundamental to the prevention of a superpower military conflict.

''(b) Congressional Commendation. - The Congress hereby commends

the members of the Armed Forces and civilian personnel of the

Government who contributed to the historic victory in the Cold War

and expresses its gratitude and appreciation for their service and

sacrifices.

''(c) Certificates of Recognition. - The Secretary of Defense

shall prepare a certificate recognizing the Cold War service of

qualifying members of the Armed Forces and civilian personnel of

the Department of Defense and other Government agencies

contributing to national security, as determined by the Secretary,

and shall provide the certificate to such members and civilian

personnel upon request.''

-EXEC-

EX. ORD. NO. 11448. MERITORIOUS SERVICE MEDAL

Ex. Ord. No. 11448, Jan. 16, 1969, 34 F.R. 915, as amended by Ex.

Ord. No. 12312, July 2, 1981, 46 F.R. 35251; Ex. Ord. No. 13286,

Sec. 61, Feb. 28, 2003, 68 F.R. 10629, provided:

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 ordered as follows:

Section 1. There is hereby established a Meritorious Service

Medal, with accompanying ribbons and appurtenances, for award 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

appropriate officers as the Secretary concerned may designate, to

any member of the armed forces of the United States, or to any

member of the armed forces of a friendly foreign nation, who has

distinguished himself by outstanding meritorious achievement or

service.

Sec. 2. The Meritorious Service Medal and appurtenances thereto

shall be of appropriate design approved by the Secretary of

Defense, and shall be awarded under such regulations as the

Secretary concerned may prescribe. Such regulations shall, so far

as practicable, be uniform, and those of the military departments

shall be subject to the approval of the Secretary of Defense.

Sec. 3. No more than one Meritorious Service Medal shall be

awarded to any one person, but for each succeeding outstanding

meritorious achievement or service justifying such an award a

suitable device may be awarded to be worn with the medal as

prescribed by appropriate regulations.

Sec. 4. The Meritorious Service Medal or device may be awarded

posthumously and, when so awarded, may be presented to such

representative of the deceased as may be deemed appropriate by the

Secretary of the department concerned.

EXECUTIVE ORDER NO. 11544

Ex. Ord. No. 11544, July 8, 1970, 35 F.R. 11115, which

established a Vice Presidential Service Certificate and a Vice

Presidential Service Badge, was superseded by Ex. Ord. No. 11926,

July 19, 1976, 41 F.R. 29805, set out below.

EX. ORD. NO. 11904. DEFENSE SUPERIOR SERVICE MEDAL

Ex. Ord. No. 11904, Feb. 6, 1976, 41 F.R. 5625, provided:

By virtue of the authority vested in me as President of the

United States of America, and as Commander in Chief of the Armed

Forces, it is hereby ordered as follows:

Section 1. There is hereby established a Defense Superior Service

Medal with accompanying ribbons and appurtenances for award by the

Secretary of Defense to any member of the Armed Forces of the

United States who has rendered superior meritorious service in a

position of significant responsibility with the Office of the

Secretary of Defense, the Organization of the Joint Chiefs of

Staff, a specified or unified command, a Defense agency, or such

other joint activity as may be designated by the Secretary of

Defense.

Sec. 2. The Defense Superior Service Medal and appurtenances

thereto shall be of appropriate design approved by the Secretary of

Defense and shall be awarded under such regulations as he shall

prescribe. These regulations shall place the Defense Superior

Service Medal in an order of precedence after the Medal of Honor,

the Distinguished Service Cross, the Defense Distinguished Service

Medal, the Distinguished Service Medal and the Silver Star Medal,

but before the Legion of Merit.

Sec. 3. No more than one Defense Superior Service Medal shall be

awarded to any one person, but for each succeeding period of

superior meritorious service justifying such an award, a suitable

device may be awarded to be worn with that Medal as prescribed by

appropriate regulations of the Department of Defense.

Sec. 4. The Defense Superior Service Medal or device may be

awarded posthumously, and when so awarded, may be presented to such

representative of the deceased as may be deemed appropriate by the

Secretary of Defense. Gerald R. Ford.

EX. ORD. NO. 11926. VICE PRESIDENTIAL SERVICE BADGE

Ex. Ord. No. 11926, July 19, 1976, 41 F.R. 29805, as amended by

Ex. Ord. No. 13286, Sec. 56, Feb. 28, 2003, 68 F.R. 10629,

provided:

By virtue of the authority vested in me as President of the

United States of America, and as Commander in Chief of the Armed

Forces of the United States, it is hereby ordered as follows:

Section 1. There is established a Vice Presidential Service Badge

to be awarded in the name of the Vice President of the United

States of America to members of the Army, Navy, Marine Corps, Air

Force, and Coast Guard who have been assigned to duty in the Office

of the Vice President for a period of at least one year subsequent

to December 19, 1974.

Sec. 2. The Vice Presidential Service Badge may be awarded, upon

recommendation of the Military Assistant to the Vice President, by

the Secretary of the Army, the Secretary of the Navy, the Secretary

of the Air Force, or, when the Coast Guard is not operating as a

service in the Navy, the Secretary of Homeland Security, to

military personnel of their respective services who have been

assigned to duty in the Office of the Vice President.

Sec. 3. The Vice Presidential Service Badge shall be accompanied

by a certificate, the design of which is attached hereto and is

made a part of this Order. The Vice Presidential Service Badge

shall consist of a white enameled disc surrounded by 27 gold rays

radiating from the center, 1 15/16 inches in diameter overall.

Superimposed on the white disc shall be a gold color device taken

from the seal of the Vice President of the United States. The

overall design of the badge shall be as shown at the top of the

certificate which accompanies the Badge and which is attached to

this Order.

Sec. 4. Upon award, the Vice Presidential Service Badge may be

worn as a part of the uniform of an individual both during and

after his assignment to duty in the Office of the Vice President.

Sec. 5. Only one Vice Presidential Service Badge shall be awarded

to an individual. It may be awarded posthumously.

Sec. 6. Notwithstanding the provisions of Sections 1 and 2 of

this Order, any member of the Army, Navy, Air Force, Marine Corps,

and Coast Guard, who has been assigned to duty in the Office of the

Vice President, is authorized to wear the Vice Presidential Service

Badge on his uniform commencing on the first day of duty in the

Office of the Vice President and thereafter while assigned to such

duty.

Sec. 7. Executive Order No. 11544 of July 8, 1970, is hereby

superseded; however, individuals previously awarded a Vice

Presidential Service Badge under that Order are authorized to

continue to wear such badge as part of their uniform.

EX. ORD. NO. 11965. HUMANITARIAN SERVICE MEDAL

Ex. Ord. No. 11965, Jan. 19, 1977, 42 F.R. 4329, as amended by

Ex. Ord. No. 13286, Sec. 55, Feb. 28, 2003, 68 F.R. 10629,

provided:

By virtue of the authority vested in me as President of the

United States of America, and as Commander in Chief of the Armed

Forces, it is hereby ordered as follows:

Section 1. There is hereby established a Humanitarian Service

Medal with accompanying ribbons and appurtenances for award by the

Secretary of Defense or the Secretary of Homeland Security with

regard to the Coast Guard when not operating as a Service in the

Navy. Individuals eligible for the medal are members of the Armed

Forces of the United States (including Reserve Components) who,

subsequent to April 1, 1975, distinguished themselves by

meritorious participation in a military act or operation of a

humanitarian nature. The Secretary of Defense and the Secretary of

Homeland Security for the Coast Guard will determine types of acts

or operations that warrant award of the medal.

Sec. 2. The Humanitarian Service Medal and ribbons and

appurtenances thereto shall be of appropriate design approved by

the Secretary of Defense and shall be awarded by the Secretary of

Defense and the Secretary of Homeland Security for the Coast Guard

under uniform regulations, as prescribed by the Secretary of

Defense. The regulations shall place the Humanitarian Service Medal

in an order of precedence immediately after the Vietnam Service

Medal.

Sec. 3. No more than one Humanitarian Service Medal shall be

awarded to any one person, but for each subsequent participation in

a humanitarian act or operation justifying such an award, a

suitable device may be awarded to be worn with that medal as

prescribed by appropriate regulations of the Military Departments.

Sec. 4. The Humanitarian Service Medal or device may be awarded

posthumously, and when so awarded, may be presented to such

representative of the deceased as may be deemed appropriate by the

Secretary of Defense or the Secretary of Homeland Security.

EX. ORD. NO. 12019. DEFENSE MERITORIOUS SERVICE MEDAL

Ex. Ord. No. 12019, Nov. 3, 1977, 42 F.R. 57945, provided:

By virtue of the authority vested in me as President of the

United States of America, and as Commander in Chief of the Armed

Forces, it is hereby ordered as follows:

Section 1. There is hereby established a Defense Meritorious

Service Medal, with accompanying ribbons and appurtenances, for

award by the Secretary of Defense to any member of the Armed Forces

of the United States who has rendered outstanding non-combat

meritorious achievement or service while assigned to the Office of

the Secretary of Defense, the Organization of the Joint Chiefs of

Staff, a specified or unified command, a Defense agency, or other

such joint activity as may be designated by the Secretary of

Defense.

Sec. 2. The Defense Meritorious Service Medal, with accompanying

ribbons and appurtenances, shall be of appropriate design approved

by the Secretary of Defense and shall be awarded under such

regulations as the Secretary of Defense may prescribe. These

regulations shall place the Defense Meritorious Service Medal in an

order of precedence after the Medal of Honor, the Distinguished

Service Cross, the Defense Distinguished Service Medal, the

Distinguished Service Medal, the Silver Star Medal, the Defense

Superior Service Medal, the Legion of Merit Medal, and the Bronze

Star Medal, but before the Meritorious Service Medal.

Sec. 3. No more than one Defense Meritorious Service Medal shall

be awarded to any one person, but for each succeeding outstanding

meritorious achievement or service justifying such an award a

suitable device to be worn with that medal may be awarded under

such regulations as the Secretary of Defense may prescribe.

Sec. 4. The Defense Meritorious Service Medal or device may be

awarded posthumously and, when so awarded, may be presented to such

representative of the deceased as may be deemed appropriate by the

Secretary of Defense. Jimmy Carter.

EX. ORD. NO. 12793. PRESIDENTIAL SERVICE CERTIFICATE AND

PRESIDENTIAL SERVICE BADGE

Ex. Ord. No. 12793, Mar. 20, 1992, 57 F.R. 10281, as amended by

Ex. Ord. No. 13286, Sec. 31, Feb. 28, 2003, 68 F.R. 10625,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and as Commander in

Chief of the Armed Forces of the United States, it is ordered of

follows:

Section 1. Presidential Service Certificate. The Presidential

Service Certificate (''Certificate'') is hereby continued, the

design of which accompanies and is hereby made a part of this

order. The Certificate shall be awarded in the name of the

President of the United States by the Secretary of the Army, the

Secretary of the Navy, the Secretary of the Air Force, or, when the

Coast Guard is not operating as a service in the Navy, the

Secretary of Homeland Security. It shall be awarded by the

appropriate Secretary to members of the Army, Navy, Marine Corps,

Air Force, and Coast Guard, respectively, who have been assigned to

the White House Office; to military units and support facilities

under the administration of the White House Military Office; or to

other direct support positions within the Executive Office of the

President (''EOP''). The Certificate shall not be issued to any

member who is issued a Vice Presidential Certificate, or similar

EOP Certificate, for the same period of service. Such assignment

must be for a period of at least one year, subsequent to January

21, 1989.

Sec. 2. Presidential Service Badge. The Presidential Service

Badge (''Badge'') is hereby continued, the design of which

accompanies and is hereby made a part of this order. The Badge

shall be awarded to those members of the Armed Forces who have been

granted the Certificate and shall be awarded in the same manner in

which the Certificate has been given. The Badge shall be worn as a

part of the uniform of those individuals under such regulations as

their respective Secretaries may severally prescribe.

Sec. 3. Only one Certificate may be awarded to an individual.

Sec. 4. The Certificate and the Badge may be granted

posthumously.

Sec. 5. This order shall supersede Executive Order No. 10879 of

June 1, 1960, as amended.

EX. ORD. NO. 12830. MILITARY OUTSTANDING VOLUNTEER SERVICE MEDAL

Ex. Ord. No. 12830, Jan. 9, 1993, 58 F.R. 4061, as amended by Ex.

Ord. No. 13286, Sec. 28, Feb. 28, 2003, 68 F.R. 10625, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and as Commander in

Chief of the Armed Forces, it is hereby ordered as follows:

Section 1. There is hereby established a Military Outstanding

Volunteer Service Medal, with accompanying ribbons and

appurtenances, for award by the Secretary of Defense or, with

respect to the Coast Guard when it is not operating as a service in

the Navy, the Secretary of Homeland Security. Members of the Armed

Forces of the United States (including Reserve components) who

perform outstanding volunteer service to the civilian community of

a sustained, direct, and consequential nature are eligible for the

medal.

Sec. 2. The Military Outstanding Volunteer Service Medal and

ribbons and appurtenances thereto shall be of appropriate design

approved by the Secretary of Defense. The Secretary of Defense

shall prescribe regulations to govern the award and wear of the

Military Outstanding Volunteer Service Medal. The regulations shall

place the Military Outstanding Volunteer Service Medal in order of

precedence immediately after the Humanitarian Service Medal.

Sec. 3. No more than one award of the Military Outstanding

Volunteer Service Medal may be made to any one person, but for each

subsequent act justifying such an award, a suitable device may be

awarded to be worn with that medal as prescribed by appropriate

regulations issued by the Secretary of Defense.

Sec. 4. The Military Outstanding Volunteer Service Medal may be

awarded posthumously, and when so awarded, may be presented to such

representatives of the deceased as may be deemed appropriate by the

Secretary of Defense or, in the case of a member of the Coast Guard

when it is not operating as a service in the Navy, the Secretary of

Homeland Security.

EX. ORD. NO. 12985. ESTABLISHING ARMED FORCES SERVICE MEDAL

Ex. Ord. No. 12985, Jan. 11, 1996, 61 F.R. 1209, as amended by

Ex. Ord. No. 13286, Sec. 20, Feb. 28, 2003, 68 F.R. 10624,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including my

authority as Commander in Chief of the Armed Forces of the United

States, it is hereby ordered as follows:

Section 1. Establishment. There is hereby established the Armed

Forces Service Medal with accompanying ribbons and appurtenances,

for award to members of the Armed Forces of the United States who,

on or after June 1, 1992, in the opinion of the Joint Chiefs of

Staff: (a) Participate, or have participated, as members of United

States military units in a United States military operation in

which personnel of any Armed Force participate that is deemed to be

significant activity; and

(b) Encounter no foreign armed opposition or imminent hostile

action.

Sec. 2. Approval and Award. The medal, with ribbons and

appurtenances, shall be of an appropriate design approved by the

Secretary of Defense and shall be awarded by the Secretary of

Defense and the Secretary of Homeland Security with respect to the

Coast Guard when it is not operating as a service in the Navy,

under uniform regulations, as prescribed by the Secretary of

Defense. The regulations shall place the Armed Forces Service Medal

in an order of precedence immediately before the Humanitarian

Service Medal.

Sec. 3. Criteria. The medal shall be awarded only for operations

for which no other United States service medal is approved. For

operations in which personnel of only one Military Department or

the Coast Guard participate, the medal shall be awarded only if

there is no other suitable award available to the department or the

Coast Guard. No more than one medal shall be awarded to any one

person, but for each succeeding operation justifying such award a

suitable device may be awarded to be worn on the medal or ribbon as

prescribed by appropriate regulations.

Sec. 4. Posthumous Provision. The medal may be awarded

posthumously and, when so awarded, may be presented to such

representative of the deceased as may be deemed appropriate by the

Secretary of Defense or the Secretary of Transportation (sic).

-CITE-

10 USC Sec. 1121 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 57 - DECORATIONS AND AWARDS

-HEAD-

Sec. 1121. Legion of Merit: award

-STATUTE-

The President, under regulations to be prescribed by him, may

award a decoration called the ''Legion of Merit'', having suitable

appurtenances and devices and not more than four degrees, to any

member of the armed forces of the United States or of any friendly

foreign nation who, after September 8, 1939, has distinguished

himself by exceptionally meritorious conduct in performing

outstanding services.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 88.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1121 10:1408b(1). July 20, 1942, ch.

508, Sec. 2(1), 56

Stat. 662.

-------------------------------

The words ''Government of the Philippines'' are omitted as

covered by the words ''any friendly foreign nation''. The words

''There is created'', ''rules and'', and ''the proclamation of an

emergency by the President on'' are omitted as surplusage.

-CITE-

10 USC Sec. 1122 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 57 - DECORATIONS AND AWARDS

-HEAD-

Sec. 1122. Medal for Merit: award

-STATUTE-

The President, under regulations to be prescribed by him, may

award a decoration called the ''Medal for Merit'', having

distinctive appurtenances and devices and only one degree, to any

civilian of any nation prosecuting the war in existence on July 20,

1942, under the joint declaration of the United Nations, as then

constituted, or of any other friendly foreign nation, who, after

September 8, 1939, has distinguished himself by exceptionally

meritorious conduct in performing outstanding services. The Medal

for Merit may be awarded to a civilian of a foreign nation but only

for performing an exceptionally meritorious or courageous act in

the furtherance of the war efforts of the United Nations as then

constituted.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 88.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1122 10:1408b (less (1)). July 20, 1942, ch.

508, Sec. 2 (less

(1)), 56 Stat. 663.

-------------------------------

The words ''in existence on July 20, 1942'' are inserted for

clarity and refer to the war in existence on the date of enactment

of the source statute. The words ''as then constituted'' are

inserted for clarity, since the United Nations organization in

existence on July 20, 1942, was not the present United Nations

organization. The words ''There is created'', ''rules and'', and

''the proclamation of an emergency by the President on'' are

omitted as surplusage.

-EXEC-

EX. ORD. NO. 9637. MEDAL FOR MERIT

Ex. Ord. No. 9637, Oct. 3, 1945, 10 F.R. 12543, as amended by Ex.

Ord. No. 9857A, May 27, 1947, 12 F.R. 3583, provided:

1. The decoration of the Medal for Merit shall be awarded only by

the President of the United States or at his direction. Awards of

the Medal for Merit may be made to such civilians of the nations

prosecuting the war under the joint declaration of the United

Nations and of other friendly foreign nations as have distinguished

themselves by exceptionally meritorious conduct in the performance

of outstanding services since the proclamation of an emergency by

the President on September 8, 1939. Awards of the Medal for Merit

made to civilians of foreign nations shall be for the performance

of an exceptionally meritorious or courageous act or acts in

furtherance of the war efforts of the United Nations.

2. There is hereby established the Medal for Merit Board, which

shall be composed of three members appointed by the President, one

of whom shall be designated by the President to act as Chairman of

the Board.

3. The Medal for Merit Board shall receive and consider proposals

for the award of the decoration of the Medal for Merit and submit

to the President the recommendations of the Board with respect

thereto. In the case of proposed awards to civilians of foreign

nations, such recommendations shall include the recommendations of

the Secretary of State.

4. The Medal for Merit Board is authorized to prescribe, with the

approval of the President, such rules and regulations not

inconsistent with the provisions of this order as may be necessary

to accomplish its purposes.

5. Executive Order 9331 of April 19, 1943 and the Medal for Merit

Board created thereby, are superseded by this order.

6. The Medal for Merit shall not be awarded for any services

relating to the prosecution of World War II performed subsequent to

the cessation of hostilities, as proclaimed by Proclamation No.

2714 of December 31, 1946, and no proposal for an award for such

services submitted after June 30, 1947, shall be considered by the

Medal for Merit Board.

-CITE-

10 USC Sec. 1123 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 57 - DECORATIONS AND AWARDS

-HEAD-

Sec. 1123. Right to wear badges of military societies

-STATUTE-

(a) A member of the Army, Navy, Air Force, or Marine Corps who is

a member of a military society originally composed of men who

served in an armed force of the United States during the

Revolutionary War, the War of 1812, the Mexican War, the Civil War,

the Spanish-American War, the Philippine Insurrection, or the

Chinese Relief Expedition of 1900 may wear, on occasions of

ceremony, the distinctive badges adopted by that society.

(b) A member of the Army, Navy, Air Force, or Marine Corps who is

a member of the Army and Navy Union of the United States may wear,

on public occasions of ceremony, the distinctive badges adopted by

that society.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 88.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1123(a) 10:1427 (1st Sept. 25, 1890, J.

sentence). 34:371 Res. 50, 26 Stat.

(1st sentence). 681.

1123(b) 10:1427 (less 1st May 11, 1894, J.

sentence). Res. 26, 28 Stat.

583.

34:371 (less 1st Feb. 2, 1901, ch.

sentence). 192, Sec. 41, 31

Stat. 758.

Jan. 12, 1903, J.

Res. 2, 32 Stat.

1229.

Mar. 2, 1907, J.

Res. 18, 34 Stat.

1423.

-------------------------------

In subsection (a), the words ''an armed force'' are substituted

for the words ''armies and navies''. The words ''Revolutionary

War'', ''Civil War'', and ''Philippine Insurrection'' are

substituted for the words ''War of the Revolution'', ''War of the

Rebellion'', and ''incident insurrection in the Philippines'',

respectively, to reflect present terminology. The words

''originally composed'' are substituted for the words ''in their

own right'', to reflect an opinion of the Attorney General (see 23

Op. Atty. Gen. 454).

In subsections (a) and (b), the word ''member'' is substituted

for the words ''officers and enlisted men''. The words ''Navy * *

* or Marine Corps'' are substituted for the word ''Navy'', since

the word ''Navy'' in the source statute has, by long-standing

administrative interpretation, been construed to include the Marine

Corps.

In subsection (b), the words ''in their own right'' are omitted

as surplusage.

-CITE-

10 USC Sec. 1124 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 57 - DECORATIONS AND AWARDS

-HEAD-

Sec. 1124. Cash awards for disclosures, suggestions, inventions,

and scientific achievements

-STATUTE-

(a) The Secretary of Defense, or the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, may authorize the payment of a cash award

to, and incur necessary expense for the honorary recognition of, a

member of the armed forces under his jurisdiction who by his

disclosure, suggestion, invention, or scientific achievement

contributes to the efficiency, economy, or other improvement of

operations or programs relating to the armed forces.

(b) Whenever the President considers it desirable, the Secretary

of Defense, and the Secretary of Homeland Security with respect to

the Coast Guard when it is not operating as a service in the Navy,

are authorized to pay a cash award to, and incur necessary expense

for the honorary recognition of, a member of the armed forces who

by his disclosure, suggestion, invention, or scientific achievement

contributes to the efficiency, economy, or other improvement of

operations of the Government of the United States. Such award is in

addition to any other award made to that member under subsection

(a).

(c) An award under this section may be paid notwithstanding the

member's death, separation, or retirement from the armed force

concerned. However, the disclosure, suggestion, invention, or

scientific achievement forming the basis for the award must have

been made while the member was on active duty or in an active

reserve status and not otherwise eligible for an award under

chapter 45 of title 5.

(d) A cash award under this section is in addition to the pay and

allowances of the recipient. The acceptance of such an award shall

constitute -

(1) an agreement by the member that the use by the United

States of any idea, method, or device for which the award is made

may not be the basis of a claim against the United States by the

member, his heirs, or assigns, or by any person whose claim is

alleged to be derived through the member; and

(2) a warranty by the member that he has not at the time of

acceptance transferred, assigned, or otherwise divested himself

of legal or equitable title in any property right residing in the

idea, method, or device for which the award is made.

(e) Awards to, and expenses for the honorary recognition of,

members of the armed forces under this section may be paid from (1)

the funds or appropriations available to the activity primarily

benefiting; or (2) the several funds or appropriations of the

various activities benefiting, as may be determined by the

President for awards under subsection (b), and by the Secretary

concerned for awards under subsection (a).

(f) The total amount of the award, or awards, made under this

section for a disclosure, suggestion, invention, or scientific

achievement may not exceed $25,000, regardless of the number of

persons who may be entitled to share therein.

(g) Awards under this section shall be made under regulations to

be prescribed by the Secretary of Defense, or by the Secretary of

Homeland Security with respect to the Coast Guard when it is not

operating as a service in the Navy.

(h) For the purposes of this section, a member of the

Commissioned Corps of the National Oceanic and Atmospheric

Administration or of the Public Health Service who is serving with

an armed force shall be treated as if he were a member of that

armed force.

-SOURCE-

(Added Pub. L. 89-198, Sec. 1(1), Sept. 22, 1965, 79 Stat. 830;

amended Pub. L. 89-718, Sec. 10, Nov. 2, 1966, 80 Stat. 1117; Pub.

L. 90-623, Sec. 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-470,

title I, Sec. 112(c), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 96-513,

title V, Sec. 511(40), Dec. 12, 1980, 94 Stat. 2923; Pub. L.

96-527, title VII, Sec. 772, Dec. 15, 1980, 94 Stat. 3093; Pub. L.

99-145, title XII, Sec. 1225(a)(1), (2)(A), Nov. 8, 1985, 99 Stat.

730; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002,

116 Stat. 2314.)

-COD-

CODIFICATION

Another section 1124 was renumbered 1126 of this title.

-MISC3-

AMENDMENTS

2002 - Subsecs. (a), (b), (g). Pub. L. 107-296 substituted

''Secretary of Homeland Security'' for ''Secretary of

Transportation''.

1985 - Pub. L. 99-145 inserted ''disclosures,'' and substituted

''and'' for ''or'' in section catchline, and inserted

''disclosure,'' before ''suggestion'' in subsecs. (a), (b), (c),

and (f).

1980 - Subsec. (c). Pub. L. 96-527 authorized payment of awards

to retired members of the armed forces, required the basis for

awards to have bee