-CITE-

10 USC CHAPTER 357 - DECORATIONS AND AWARDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

.

-HEAD-

CHAPTER 357 - DECORATIONS AND AWARDS

-MISC1-

Sec.

3741. Medal of honor: award.

3742. Distinguished-service cross: award.

3743. Distinguished-service medal: award.

3744. Medal of honor; distinguished-service cross;

distinguished-service medal: limitations on award.

3745. Medal of honor; distinguished-service cross;

distinguished-service medal: delegation of power to award.

3746. Silver star: award.

3747. Medal of honor; distinguished-service cross;

distinguished-service medal; silver star: replacement.

3748. Medal of honor; distinguished-service cross;

distinguished-service medal; silver star: availability of

appropriations.

3749. Distinguished flying cross: award; limitations.

3750. Soldier's Medal: award; limitations.

3751. Service medals: issue; replacement; availability of

appropriations.

3752. Medals: posthumous award and presentation.

3753. Civil War battle streamers.

3754. Medal of honor: duplicate medal.

3755. (FOOTNOTE 1) Medal of honor: presentation of Medal of Honor

Flag.

(FOOTNOTE 1) So in original. Two sections 3755 have been

enacted.

3755. (FOOTNOTE 1) Korea Defense Service Medal.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 543(b)(2), Dec. 2,

2002, 116 Stat. 2549, added item 3755 ''Korea Defense Service

Medal''.

Pub. L. 107-248, title VIII, Sec. 8143(c)(1)(B), Oct. 23, 2002,

116 Stat. 1570, added item 3755 ''Medal of honor: presentation of

Medal of Honor Flag''.

2001 - Pub. L. 107-107, div. A, title V, Sec. 553(a)(1)(B), Dec.

28, 2001, 115 Stat. 1116, added item 3754.

EXTENSION OF TIME FOR AWARD OF DECORATION

Pub. L. 93-469, Oct. 24, 1974, 88 Stat. 1422, authorized award,

not later than Oct. 24, 1976, of a decoration or device in lieu of

decoration which, prior to Oct. 24, 1974, has been authorized by

Congress to be awarded to any person for an act, achievement, or

service performed while on active duty in Armed Forces of United

States, or while serving with such forces, for any such act or

service performed in direct support of military operations in

Southeast Asia between July 1, 1958, and Mar. 28, 1973, inclusive,

if written recommendation for award of decoration, or device in

lieu of decoration, was made not later than Oct. 24, 1975.

Act Aug. 2, 1956, ch. 877, 70 Stat. 933, authorized award, not

later than Aug. 2, 1957, of a decoration or device in lieu of

decoration which, prior to Aug. 2, 1956, has been authorized by

Congress to be awarded to any person for an act or service

performed while on active duty in military or naval forces of

United States, or while serving with such forces, for any such act

or service performed between June 27, 1950, and July 27, 1953,

inclusive, if written recommendation for decoration or device in

lieu of decoration has been submitted to appropriate office in a

military department at seat of Government before Aug. 2, 1956.

-CITE-

10 USC Sec. 3741 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3741. Medal of honor: award

-STATUTE-

The President may award, and present in the name of Congress, a

medal of honor of appropriate design, with ribbons and

appurtenances, to a person who while a member of the Army,

distinguished 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 involving conflict

with an opposing foreign force; or

(3) 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; Pub. L. 88-77, Sec. 1(1),

July 25, 1963, 77 Stat. 93.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3741 10:1403. July 9, 1918, ch.

143 (8th par. under

''Ordnance

Department''), 40

Stat. 870.

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

The words ''That the provisions of existing law relating to the

award of medals of honor to officers, noncommissioned officers, and

privates of the Army be, and they hereby are, amended so that'', in

the Act of July 9, 1918, ch. 143 (8th par. under ''Ordnance

Department''), 40 Stat. 870, are not contained in 10:1403. They are

also omitted from the revised section as surplusage. The word

''member'' is substituted for the words ''officer or enlisted

man''. The word ''only'' is omitted as surplusage. The word

''award'' is inserted for clarity, since the President determines

the recipient of the medal in addition to presenting it.

AMENDMENTS

1963 - Pub. L. 88-77 enlarged authority to award medal of honor,

which was limited to those cases in which persons distinguished

themselves in action involving actual conflict with an enemy, to

permit its award for distinguished service 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.

REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN JEWISH AMERICAN

AND HISPANIC AMERICAN WAR VETERANS

Pub. L. 107-107, div. A, title V, Sec. 552, Dec. 28, 2001, 115

Stat. 1115, provided that:

''(a) Review Required. - The Secretary of each military

department shall review the service records of each Jewish American

war veteran or Hispanic American war veteran described in

subsection (b) to determine whether that veteran should be awarded

the Medal of Honor.

''(b) Covered Jewish American War Veterans and Hispanic American

War Veterans. - The Jewish American war veterans and Hispanic

American war veterans whose service records are to be reviewed

under subsection (a) are the following:

''(1) Any Jewish American war veteran or Hispanic American war

veteran who was awarded the Distinguished Service Cross, the Navy

Cross, or the Air Force Cross before the date of the enactment of

this Act (Dec. 28, 2001).

''(2) Any other Jewish American war veteran or Hispanic

American war veteran whose name is submitted to the Secretary

concerned for such purpose before the end of the one-year period

beginning on the date of the enactment of this Act.

''(c) Consultations. - In carrying out the review under

subsection (a), the Secretary of each military department shall

consult with the Jewish War Veterans of the United States of

America and with such other veterans service organizations as the

Secretary considers appropriate.

''(d) Recommendation Based on Review. - If the Secretary

concerned determines, based upon the review under subsection (a) of

the service records of any Jewish American war veteran or Hispanic

American war veteran, that the award of the Medal of Honor to that

veteran is warranted, the Secretary shall submit to the President a

recommendation that the President award the Medal of Honor to that

veteran.

''(e) Authority To Award Medal of Honor. - A Medal of Honor may

be awarded to a Jewish American war veteran or Hispanic American

war veteran in accordance with a recommendation of the Secretary

concerned under subsection (d).

''(f) Waiver of Time Limitations. - An award of the Medal of

Honor may be made under subsection (e) without regard to -

''(1) section 3744, 6248, or 8744 of title 10, United States

Code, as applicable; and

''(2) any regulation or other administrative restriction on -

''(A) the time for awarding the Medal of Honor; or

''(B) the awarding of the Medal of Honor for service 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 herself 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

ISLANDERS FOR WORLD WAR II SERVICE

Pub. L. 104-106, div. A, title V, Sec. 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 upgraded to the Medal of

Honor.

''(2) If the Secretary concerned determines, based upon the

review under paragraph (1), that such an upgrade is appropriate in

the case of any person, the Secretary 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 Secretary concerned under that

subsection without regard to -

''(1) section 3744, 6248, or 8744 of title 10, United States

Code, as applicable; and

''(2) any regulation or other administrative restriction on -

''(A) the time for awarding the Medal of Honor; or

''(B) the awarding of the Medal of Honor for service 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 Native 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.).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1074h, 3748, 3755 of this

title; title 18 section 704.

-CITE-

10 USC Sec. 3742 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3742. Distinguished-service cross: award

-STATUTE-

The President may award a distinguished-service cross of

appropriate design, with ribbons and appurtenances, to a person

who, while serving in any capacity with the Army, distinguishes

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 involving conflict

with an opposing foreign force; or

(3) 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; Pub. L. 88-77, Sec. 1(2),

July 25, 1963, 77 Stat. 93.)

-MISC1-

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 executed. 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 distinguish'' are omitted as surplusage.

AMENDMENTS

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 connection 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 friendly foreign forces

engaged in an armed conflict against an opposing armed force in

which United States is not a belligerent party.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3748 of this title.

-CITE-

10 USC Sec. 3743 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3743. Distinguished-service medal: award

-STATUTE-

The President may award a distinguished-service medal of

appropriate design and a ribbon, 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, distinguishes himself by

exceptionally meritorious service to the United States in a duty of

great responsibility.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)

-MISC1-

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

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 executed. 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 distinguish'' are omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3748 of this title.

-CITE-

10 USC Sec. 3744 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3744. Medal of honor; distinguished-service cross;

distinguished-service medal: limitations on award

-STATUTE-

(a) No more than one medal of honor, distinguished-service 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 (d), no medal of honor,

distinguished-service cross, distinguished-service medal, or device

in place thereof, may be awarded to a person unless -

(1) the award is made within three 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 two years

after the distinguished service; and

(3) it appears from records of the Department of the Army that

the person is entitled to the award.

(c) No medal of honor, distinguished-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.

(d) If the Secretary of the Army determines that -

(1) a statement setting forth the distinguished service and

recommending official recognition of it was made and supported by

sufficient evidence within two 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, 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 216; Pub. L. 86-582, Sec. 1(1),

July 5, 1960, 74 Stat. 320.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3744(a) 3744(b) 10:1411. 10:1409 July 9, 1918, ch.

3744(c) (words before 1st 143 (12th par.,

semicolon). 10:1409 less words after 2d

(words after 2d semicolon, under

semicolon). ''Ordnance

Department'');

restated Jan. 24,

1920, ch. 55, Sec.

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 section'', ''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 authorized'' are omitted as

surplusage.

AMENDMENTS

1960 - Subsec. (b). Pub. L. 86-582, Sec. 1(1)(A), substituted

''Except as provided in subsection (d), no'' for ''No.''

Subsec. (d). Pub. L. 86-582, Sec. 1(1)(B), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3748 of this title.

-CITE-

10 USC Sec. 3745 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3745. Medal of honor; distinguished-service cross;

distinguished-service medal: delegation of power to award

-STATUTE-

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 higher unit in

the field.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3745 10:1410. July 9, 1918, ch.

143 (16th par.,

less words after

semicolon, under

''Ordnance

Department''), 40

Stat. 872.

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

The words ''under such conditions, regulations, and limitations

as he shall prescribe'' are omitted as surplusage. 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''.

-CITE-

10 USC Sec. 3746 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3746. Silver star: award

-STATUTE-

The President may award a silver star of appropriate design, with

ribbons and appurtenances, to a person who, while serving in any

capacity with the Army, is cited for gallantry in action that does

not warrant a medal of honor or distinguished-service cross -

(1) while engaged in an action against an enemy of the United

States;

(2) while engaged in military operations involving conflict

with an opposing foreign force; or

(3) 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 216; Pub. L. 88-77, Sec. 1(3),

July 25, 1963, 77 Stat. 93.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3746 10:1412. July 9, 1918, ch.

143 (words after 2d

semicolon of 12th

par. under

''Ordnance

Department'');

restated Jan. 24,

1920, ch. 55, Sec.

1 (last sentence);

restated 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 ''commanded by'' are omitted as surplusage.

AMENDMENTS

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-sixteenths 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 officer, and

that it be worn as directed by the President.

-EXEC-

EXECUTIVE ORDER NO. 9419

Ex. Ord. No. 9419, Feb. 4, 1944, 9 F.R. 1495, which authorized

award of Bronze Star Medal, was superseded by Ex. Ord. No. 11046,

Aug. 24, 1962, 27 F.R. 8575, as amended, set out below.

EX. ORD. NO. 11046. BRONZE STAR MEDAL

Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended by

Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex.

Ord. No. 13286, Sec. 70, Feb. 28, 2003, 68 F.R. 10630, 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 hereby ordered as follows:

1. The Bronze Star Medal, with accompanying ribbons and

appurtenances, which was first established by Executive Order No.

9419 of February 4, 1944, may be awarded 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 person who, while

serving in any capacity in or with the Army, Navy, Marine Corps,

Air Force, or Coast Guard of the United States, after December 6,

1941, distinguishes, or has distinguished, himself by heroic or

meritorious achievement or service not involving participation in

aerial flight -

(a) while engaged in an action against an enemy of the United

States;

(b) while engaged in military operations involving conflict with

an opposing foreign force; or

(c) 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.

2. The Bronze Star 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.

3. No more than one Bronze Star Medal shall be awarded to any one

person, but for each succeeding heroic or 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.

4. The Bronze Star 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.

5. This order shall supersede Executive Order No. 9419 of

February 4, 1944, entitled ''Bronze Star Medal''. However, existing

regulations prescribed under that order shall, so far as they are

not inconsistent with this order, remain in effect until modified

or revoked by regulations prescribed under this order by the

Secretary of the department concerned.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3748 of this title.

-CITE-

10 USC Sec. 3747 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3747. Medal of honor; distinguished-service cross;

distinguished-service medal; silver star: replacement

-STATUTE-

Any medal of honor, distinguished-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 neglect of the person to whom it was awarded,

shall be replaced without charge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 216; Pub. L. 107-107, div. A,

title V, Sec. 553(a)(2), Dec. 28, 2001, 115 Stat. 1116.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3747 10:1416. July 9, 1918, ch.

143 (14th par.

under ''Ordnance

Department''), 40

Stat. 871.

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

The words ''issued for wear with or in place of any of them'' are

inserted for clarity. The words ''presented under the provisions

of this title'' and ''such medal, cross, bar, ribbon, rosette, or

device'' are omitted as surplusage.

AMENDMENTS

2001 - Pub. L. 107-107 substituted ''stolen, lost, or destroyed''

for ''lost or destroyed''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3748 of this title; title

18 section 704.

-CITE-

10 USC Sec. 3748 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3748. Medal of honor; distinguished-service cross;

distinguished-service medal; silver star: availability of

appropriations

-STATUTE-

The Secretary of the Army may spend, from any appropriation for

contingent expenses of the Department of the Army, amounts

necessary to provide medals and devices under sections 3741, 3742,

3743, 3744, 3746, 3747, and 3752 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)

-MISC1-

Historical and Revision Notes

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

Large)

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

3748 10:1424. July 9, 1918, ch.

143 (13th par.

under ''Ordnance

Department''), 40

Stat. 871.

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

The word ''amounts'' is substituted for the words ''so much as

may be''. The word ''provide'' is substituted for the words

''defray the cost of''. The words ''medals and devices under'' are

substituted for the words ''medals of honor, distinguished-service

crosses, distinguished-service medals, bars, rosettes, and other

devices provided for in''. The words ''from time to time'' are

omitted as surplusage.

-CITE-

10 USC Sec. 3749 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3749. Distinguished flying cross: award; limitations

-STATUTE-

(a) The President may award a distinguished flying cross of

appropriate design with accompanying ribbon to any person who,

while serving in any capacity with the Army, distinguishes himself

by heroism or extraordinary achievement while participating in an

aerial flight.

(b) Not more than one distinguished flying cross may be awarded

to a person. However, for each succeeding act that would otherwise

justify the award of such a cross, the President may award a

suitable bar or other device to be worn as he directs.

(c) No distinguished flying cross, or device in place thereof,

may be awarded or presented to a person whose service after he

distinguished himself has not been honorable.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)

-MISC1-

Historical and Revision Notes

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

Large)

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

3749(a) 3749(b) 10:1429 (less 2d and July 2, 1926, ch.

3749(c) last sentences). 721, Sec. 12 (less

10:1429 (2d 1st 49 words of

sentence). 10:1429 last sentence), 44

(last sentence, Stat. 789; July 30,

less 1st 49 words). 1937, Sec. 4, 50

Stat. 549.

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

Although 10:1429 refers to persons serving ''with the Air Corps

of the Army'', and the functions of the Army Air Corps have been

transferred to the Air Force under section 208(b) of the National

Security Act of 1947 (5 U.S.C. 626c(b)), members of the Army

continue to participate in aerial flights and are eligible for the

award of the distinguished flying cross.

In subsection (a), the words ''Under such rules and regulations

as he may prescribe'' are omitted, since the President has inherent

authority to issue regulations appropriate to exercising his

functions. 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 word ''award'' is

substituted for the word ''present'' to cover the determination of

the recipients as well as the actual presentation of the medal.

The words ''since the 6th day of April, 1917, has distinguished, or

who, after July 2, 1926'' and 10:1429 (proviso of 1st sentence) are

omitted as executed.

-CITE-

10 USC Sec. 3750 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3750. Soldier's Medal: award; limitations

-STATUTE-

(a)(1) The President may award a decoration called the

''Soldier's Medal'', of appropriate design with accompanying

ribbon, to any person who, while serving in any capacity with the

Army, distinguishes himself by heroism not involving actual

conflict with an enemy.

(2) The authority in paragraph (1) includes authority to award

the medal to a member of the Ready Reserve who was not in a duty

status defined in section 101(d) of this title when the member

distinguished himself by heroism.

(b) Not more than one Soldier's Medal may be awarded to a

person. However, for each succeeding act that would otherwise

justify the award of such a medal, the President may award a

suitable bar or other device to be worn as he directs.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 217; Pub. L. 105-85, div. A,

title V, Sec. 574(a), Nov. 18, 1997, 111 Stat. 1758.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3750(a) 10:1428 (less last July 2, 1926, ch.

sentence). 721, Sec. 11, 44

Stat. 789.

3750(b) 10:1428 (last

sentence).

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

In subsection (a), the words ''Under such rules and regulations

as he may prescribe'' are omitted, since the President has inherent

authority to issue regulations appropriate to exercising his

functions. 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 word ''award'' is

substituted for the word ''present'' to cover the determination of

the recipients as well as the actual presentation of the medal.

The words ''a decoration called'' are substituted for the words ''a

medal to be known as''. The words ''including the National Guard

and the Organized Reserves'' are omitted as surplusage. The words

''or herself'' are omitted, since under section 1 of title 1, words

importing the masculine gender include the feminine. The words

''after July 2, 1926'' are omitted as executed.

In subsection (b), the words ''that would otherwise justify'' are

substituted for the words ''sufficient to''.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 designated existing provisions

as par. (1) and added par. (2).

-CITE-

10 USC Sec. 3751 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3751. Service medals: issue; replacement; availability of

appropriations

-STATUTE-

(a) The Secretary of the Army shall procure, and issue without

charge to any person entitled thereto, any service medal authorized

for members of the Army after May 12, 1928, and any ribbon, clasp,

star, or similar device prescribed as a part of that medal.

(b) Under such regulations as the Secretary may prescribe, any

medal or other device issued under subsection (a) that is lost,

destroyed, or becomes unfit for use, without fault or neglect of

the owner, may be replaced at cost. However, if the owner is a

member of the Army or the Air Force, the medal or device may be

replaced without charge.

(c) The Secretary may spend, from any appropriation for the

support of the Army, amounts necessary to provide medals and

devices under this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3751(a) 3751(b) 10:1415a (less 21st May 12, 1928, ch.

3751(c) through 30th words, 528, Sec. 1 (less

and less clauses 25th through 34th

(a) through (n)). words, and less

10:1415b (less clauses (a) through

applicability to (n)), 2 (less

10:1415a (clauses applicability to

(a) through (n)). Sec. 1 clauses (a)

10:1415c (less through (n)), 3

applicability to (less applicability

10:1415a (clauses to Sec. 1 (clauses

(a) through (n)). (a) through (n)),

45 Stat. 500.

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

In subsection (a), 10:1415a (proviso) is omitted as surplusage,

since the revised section is not limited to persons who are members

of the Army at the time of the issue.

In subsection (b), the words ''member of the Army or the Air

Force'' are substituted for the words ''persons in the military

service of the United States''.

In subsection (c), the last 16 words are substituted for 10:1415c

(last 16 words).

ISSUANCE OF CERTAIN OTHER MEDALS AND DEVICES

Section 33 of act Aug. 10, 1956, provided that:

''(a) The Secretary of the Army shall procure, and issue without

charge to any person entitled thereto, the following service

medals, and any ribbon, clasp, star, or similar device prescribed

as a part of that medal:

''(1) Civil War campaign medal;

''(2) Indian campaign medal;

''(3) Spanish campaign medal;

''(4) Spanish War service medal;

''(5) Cuban occupation medal;

''(6) Puerto Rico occupation medal;

''(7) Philippine campaign medal;

''(8) Philippine Congressional medal;

''(9) China campaign medal;

''(10) Cuban pacification medal;

''(11) Mexican service medal;

''(12) Mexican border service medal;

''(13) Victory medal and clasps; and

''(14) fourragere as an individual decoration.

''(b) Under regulations prescribed by the Secretary, any medal or

other device issued under subsection (a) that is lost, destroyed,

or becomes unfit for use, without fault or neglect of the owner,

may be replaced at cost. However, if the owner is a member of the

Army or the Air Force, the medal or device may be replaced without

charge.

''(c) The Secretary may spend, from any appropriation for the

support of the Army, amounts necessary to provide medals and

devices under this section.

''(d) If a person dies before a medal or device is presented to

him under subsection (a), it may be presented to his family.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3752 of this title.

-CITE-

10 USC Sec. 3752 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3752. Medals: posthumous award and presentation

-STATUTE-

(a) If a person dies before the award of a medal of honor,

distinguished-service cross, distinguished-service medal,

distinguished flying cross, or device in place thereof, to which he

is entitled, the award may be made and the medal or device

presented to his representative, as designated by the President.

(b) If a person dies before an authorized service medal or device

prescribed as a part thereof is presented to him under section 3751

of this title, it shall be presented to his family.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 217; Pub. L. 85-861, Sec.

33(a)(23), Sept. 2, 1958, 72 Stat. 1565.)

-MISC1-

Historical and Revision Notes

1956 Act

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

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

Large)

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

3752(a) 3752(b) 10:1409 (words July 9, 1918, ch.

between 1st and 2d 143 (words between

semicolons). 1st and 2d

10:1429 (1st 49 semicolons of 15th

words of last par. under

sentence). 10:1415a ''Ordnance

(21st through 30th Department''), 40

words, less Stat. 871. July 2,

applicability to 1926, ch. 721, Sec.

clauses (a) through 12 (1st 49 words of

(n)). last sentence), 44

Stat. 789; July 30,

1937, ch. 545, Sec.

4, 50 Stat. 549.

May 12, 1928, ch.

528, Sec. 1 (25th

through 34th words,

less applicability

to clauses (a)

through (n)), 45

Stat. 500.

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

In subsection (a), the words ''If a person'' are substituted for

the words ''In case an individual * * * dies'', in 10:1409, and

''In case an individual * * * shall have died'', in 10:1429. The

words ''within three years from the date'', in 10:1409, are omitted

as covered by section 3744 of this title. The words ''who shall

distinguish himself'', in 10:1409, and ''who distinguishes

himself'', in 10:1429, are omitted as covered by the words ''the

award * * * to which he is entitled''.

1958 ACT

The change reflects the fact that the source statute for these

sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500)

was mandatory and not merely permissive.

AMENDMENTS

1958 - Subsec. (b). Pub. L. 85-861 substituted ''it shall be

presented'' for ''it may be presented''.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3748, 3755 of this title.

-CITE-

10 USC Sec. 3753 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3753. Civil War battle streamers

-STATUTE-

If, under regulations prescribed by the Secretary of the Army, it

is determined that a regiment or other unit of the Army is entitled

to that honor, the regiment or unit may carry any appropriate Civil

War battle streamer with its colors or standards.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 218.)

-MISC1-

Historical and Revision Notes

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

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

Large)

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

3753 (Uncodified). Mar. 9, 1948, ch.

104, 62 Stat. 71.

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

The words ''it is determined'' are substituted for the words

''upon verification in the War Department that it is entitled to

such honors''.

-CITE-

10 USC Sec. 3754 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3754. Medal of honor: duplicate medal

-STATUTE-

A person awarded a medal of honor shall, upon written application

of that person, be issued, without charge, one duplicate medal of

honor with ribbons and appurtenances. Such duplicate medal of

honor shall be marked, in such manner as the Secretary of the Army

may determine, as a duplicate or for display purposes only.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 553(a)(1)(A), Dec.

28, 2001, 115 Stat. 1115.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 704.

-CITE-

10 USC Sec. 3755 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3755. (FOOTNOTE 1) Medal of honor: presentation of Medal of

Honor Flag

-STATUTE-

(FOOTNOTE 1) Another section 3755 is set out after this section.

The President shall provide for the presentation of the Medal of

Honor Flag designated under section 903 of title 36 to each person

to whom a medal of honor is awarded under section 3741 of this

title after October 23, 2002. Presentation of the flag shall be

made at the same time as the presentation of the medal under

section 3741 or 3752(a) of this title.

-SOURCE-

(Added Pub. L. 107-248, title VIII, Sec. 8143(c)(1)(A), Oct. 23,

2002, 116 Stat. 1570; amended Pub. L. 107-314, div. A, title X,

Sec. 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314 substituted ''October 23, 2002'' for ''the

date of the enactment of this section''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 36 section 903.

-CITE-

10 USC Sec. 3755 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 357 - DECORATIONS AND AWARDS

-HEAD-

Sec. 3755. (FOOTNOTE 1) Korea Defense Service Medal

-STATUTE-

(FOOTNOTE 1) Another section 3755 is set out preceding this

section.

(a) The Secretary of the Army shall issue a campaign medal, to be

known as the Korea Defense Service Medal, to each person who while

a member of the Army served in the Republic of Korea or the waters

adjacent thereto during the KDSM eligibility period and met the

service requirements for the award of that medal prescribed under

subsection (c).

(b) In this section, the term ''KDSM eligibility period'' means

the period beginning on July 28, 1954, and ending on such date

after the date of the enactment of this section as may be

determined by the Secretary of Defense to be appropriate for

terminating eligibility for the Korea Defense Service Medal.

(c) The Secretary of the Army shall prescribe service

requirements for eligibility for the Korea Defense Service Medal.

Those requirements shall not be more stringent than the service

requirements for award of the Armed Forces Expeditionary Medal for

instances in which the award of that medal is authorized.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 543(b)(1), Dec. 2,

2002, 116 Stat. 2549.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(b), is the date of enactment of Pub. L. 107-314, which was

approved Dec. 2, 2002.

-MISC2-

FINDINGS

Pub. L. 107-314, div. A, title V, Sec. 543(a), Dec. 2, 2002, 116

Stat. 2549, provided that: ''Congress makes the following findings:

''(1) More than 40,000 members of the United States Armed

Forces have served in the Republic of Korea or the waters

adjacent thereto each year since the signing of the cease-fire

agreement in July 1953 ending the Korean War.

''(2) An estimated 1,200 members of the United States Armed

Forces have died as a direct result of their service in Korea

since the cease-fire agreement in July 1953.''

AWARD FOR SERVICE BEFORE DATE OF ENACTMENT

Pub. L. 107-314, div. A, title V, Sec. 543(e), Dec. 2, 2002, 116

Stat. 2550, provided that: ''The Secretary of the military

department concerned shall take appropriate steps to provide in a

timely manner for the issuance of the Korea Defense Service Medal,

upon application therefor, to persons whose eligibility for that

medal is by reason of service in the Republic of Korea or the

waters adjacent thereto before the date of the enactment of this

Act (Dec. 2, 2002).''

-CITE-