CHAPTER 737—DECORATIONS AND AWARDS
7271.
Medal of honor: award.
7272.
Distinguished-service cross: award.
7273.
Distinguished-service medal: award.
7274.
Medal of honor; distinguished-service cross; distinguished-service medal: limitations on award.
7275.
Medal of honor; distinguished-service cross; distinguished-service medal: delegation of power to award.
7277.
Medal of honor; distinguished-service cross; distinguished-service medal; silver star: replacement.
7278.
Medal of honor; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations.
7279.
Distinguished flying cross: award; limitations.
7280.
Soldier's Medal: award; limitations.
7281.
Service medals: issue; replacement; availability of appropriations.
7282.
Medals: posthumous award and presentation.
7283.
Civil War battle streamers.
7284.
Medal of honor: duplicate medal.
7285.
Medal of honor: presentation of Medal of Honor Flag.
7286.
Korea Defense Service Medal.
Editorial Notes
Amendments
2018—Pub. L. 115–232, div. A, title VIII, §808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 357 of this title as this chapter and items 3741 to 3756 as 7271 to 7286, respectively.
2004—Pub. L. 108–375, div. A, title X, §1084(d)(28), Oct. 28, 2004, 118 Stat. 2063, renumbered item 3755 "Korea Defense Service Medal" as 3756.
2002—Pub. L. 107–314, div. A, title V, §543(b)(2), Dec. 2, 2002, 116 Stat. 2549, added item 3755 "Korea Defense Service Medal".
Pub. L. 107–248, title VIII, §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, §553(a)(1)(B), Dec. 28, 2001, 115 Stat. 1116, added item 3754.
§7271. Medal of honor: award
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215, §3741; Pub. L. 88–77, §1(1), July 25, 1963, 77 Stat. 93; renumbered §7271, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3741 of this title as this section.
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.
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.
Review of World War I Valor Medals
Pub. L. 116–92, div. A, title V, §584, Dec. 20, 2019, 133 Stat. 1412, as amended by Pub. L. 116–283, div. A, title V, §561(a), Jan. 1, 2021, 134 Stat. 3639; Pub. L. 118–31, div. A, title V, §593, Dec. 22, 2023, 137 Stat. 286, provided that:
"(a) Review Required.—Each Secretary concerned shall review the service records of World War I veterans described in subsection (b) under the jurisdiction of such Secretary in order to determine whether any such veteran should be awarded the Medal of Honor for valor during World War I.
"(b) Covered World War I Veterans.—The World War I veterans whose service records may be reviewed under subsection (a) are the following:
"(1) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918.
"(2) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918.
"(3) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were recommended for a Medal of Honor for actions that occurred from April 6, 1917, to November 11, 1918, if the Department of Defense possesses or receives records relating to such recommendation.
"(c) Recommendation Based on Review.—If a Secretary concerned determines, based upon the review under subsection (a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.
"(d) Authority To Award Medal of Honor.—The Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (c).
"(e) Waiver of Time Limitations.—An award of the Medal of Honor may be made under subsection (d) without regard to—
"(1) section 7274 or 8298 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.
"(f) Deadline.—The review under subsection (a) shall terminate not later than December 31, 2028.
"(g) Definitions.—
"(1) In general.—In this section:
"(A) African american war veteran.—The term 'African American war veteran' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records.
"(B) Asian american war veteran.—The term 'Asian American war veteran' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records.
"(C) Hispanic american war veteran.—The term 'Hispanic American war veteran' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his military personnel records.
"(D) Jewish american war veteran.—The term 'Jewish American war veteran' mean any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records.
"(E) Native american war veteran.—The term 'Native American war veteran' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military personnel records.
"(F) Secretary concerned.—The term 'Secretary concerned' means—
"(i) the Secretary of the Army, in the case of members of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and
"(ii) the Secretary of the Navy, in the case of members of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918.
"(2) Application of definitions of origin.—If the military personnel records of a person do not reflect the person's membership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person's Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned for purposes of this section."
[Pub. L. 116–283, div. A, title V, §561(b), Jan. 1, 2021, 134 Stat. 3639, provided that: "The amendment made by subsection (a) [amending section 584 of Pub. L. 116–92, set out above] shall take effect as if enacted on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [Dec. 20, 2019] (Public Law 116–92; 133 Stat. 1281 [1198])."]
Review Regarding Award of Medal of Honor to Certain Asian American and Native American Pacific Islander War Veterans
Pub. L. 114–328, div. A, title V, §586, Dec. 23, 2016, 130 Stat. 2151, as amended by Pub. L. 115–232, div. A, title VIII, §809(b)(6), Aug. 13, 2018, 132 Stat. 1840, provided that:
"(a) Review Required.—The Secretary of each military department shall review the service records of each Asian American and Native American Pacific Islander war veteran described in subsection (b) to determine whether that veteran should be awarded the Medal of Honor.
"(b) Covered Veterans.—The Asian American and Native American Pacific Islander war veterans whose service records are to be reviewed under subsection (a) are any former members of the Armed Forces whose service records identify them as an Asian American or Native American Pacific Islander war veteran who was awarded the Distinguished-Service Cross, the Navy Cross, or the Air Force Cross during the Korean War or the Vietnam War.
"(c) Consultations.—In carrying out the review under subsection (a), the Secretary of each military department shall consult with such veterans service organizations as the Secretary considers appropriate.
"(d) Recommendations Based on Review.—If the Secretary concerned determines, based upon the review under subsection (a) of the service records of any Asian American or Native American Pacific Islander 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 an Asian American or Native American Pacific Islander war veteran in accordance with a recommendation of the Secretary concerned under subsection (d).
"(f) Congressional Notification.—No Medal of Honor may be awarded pursuant to subsection (e) until the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives notice of the recommendations under subsection (d), including the name of each Asian American or Native American Pacific Islander war veteran recommended to be awarded a Medal of Honor and the rationale for such recommendation.
"(g) Waiver of Time Limitations.—An award of the Medal of Honor may be made under subsection (e) without regard to—
"(1) section 7274, 8296, or 9274 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.
"(h) Definition.—In this section, the term 'Native American Pacific Islander' means a Native Hawaiian or Native American Pacific Islander, as those terms are defined in section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c)."
Review Regarding Award of Medal of Honor to Jewish American World War I Veterans
Pub. L. 112–81, div. A, title V, §595, Dec. 31, 2011, 125 Stat. 1444, provided that:
"(a) Review Required.—The Secretary of the Army and the Secretary of the Navy shall review the service of each Jewish American World War I veteran described in subsection (b) to determine whether such veteran should be posthumously awarded the Medal of Honor.
"(b) Covered Jewish American War Veterans.—The Jewish American World War I veterans whose service is to be reviewed under subsection (a) are any Jewish American World War I veterans awarded the Distinguished Service Cross or the Navy Cross for heroism during World War I and whose name and supporting material for upgrade of the award are 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 [Dec. 31, 2011].
"(c) Recommendation Based on Review.—If the Secretary concerned determines, based upon the review under subsection (a) that the award of the Medal of Honor to a veteran is warranted, the Secretary shall submit to the Secretary of Defense a recommendation that the Medal of Honor be awarded posthumously to the veteran.
"(d) World War I Defined.—In this section, the term 'World War I' means the period beginning on April 6, 1917, and ending on November 11, 1918."
Review Regarding Award of Medal of Honor to Certain Jewish American and Hispanic American War Veterans
Pub. L. 107–107, div. A, title V, §552, Dec. 28, 2001, 115 Stat. 1115, as amended by Pub. L. 113–66, div. A, title V, §566, Dec. 26, 2013, 127 Stat. 769, 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.—(1) 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).
"(2) In addition to the authority provided by paragraph (1), a Medal of Honor may be awarded to a veteran of the Armed Forces who, although not a Jewish-American war veteran or Hispanic-American war veteran described in subsection (b), was identified during the review of service records conducted under subsection (a) and regarding whom the Secretary of Defense submitted, before January 1, 2014, a recommendation to the President that the President award the Medal of Honor to that veteran.
"(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 [now 7274, 8298, or 9274] 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, §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 [now 7274, 8298, or 9274] 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.)."
§7272. Distinguished-service cross: award
The President may award a distinguished-service cross of appropriate design, with ribbons and appurtenances, to a person who, while 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215, §3742; Pub. L. 88–77, §1(2), July 25, 1963, 77 Stat. 93; renumbered §7272, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 3742 |
10:1406. |
July 9, 1918, ch. 143 (9th par. under "Ordnance Department"), 40 Stat. 870. |
The words "but not in the name of Congress" are omitted as surplusage, since a medal is presented in the name of Congress only if the law so directs. The words "since the 6th day of April, 1917" are omitted as 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3742 of this title as this section.
1963—Pub. L. 88–77 enlarged authority to award the distinguished-service cross, which was limited to those cases in which persons distinguished themselves in 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
§7273. Distinguished-service medal: award
The President may award a distinguished-service medal of appropriate design and a 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3743; renumbered §7273, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 3743 |
10:1407. |
July 9, 1918, ch. 143 (10th par., less words after 1st semicolon, under "Ordnance 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3743 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
§7274. Medal of honor; distinguished-service cross; distinguished-service medal: limitations on award
(a) No more than one 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 (c), 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 five 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 three 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) 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 three 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3744; Pub. L. 86–582, §1(1), July 5, 1960, 74 Stat. 320; Pub. L. 113–66, div. A, title V, §§561(a), 562(a), Dec. 26, 2013, 127 Stat. 766; renumbered §7274, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 116–92, div. A, title V, §582(b)(1), Dec. 20, 2019, 133 Stat. 1412.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 3744(a) 3744(b) 3744(c) |
10:1411. 10:1409 (words before 1st semicolon). 10:1409 (words after 2d semicolon). |
July 9, 1918, ch. 143 (12th par., less words after 2d semicolon, under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, §1 (less last sentence), 41 Stat. 398. |
| |
|
July 9, 1918, ch. 143 (less words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871. |
In subsection (a), the words "may be awarded to a person" are substituted for the words "shall be issued to any one person" to conform to the other subsections of the revised section.
In subsection (b), the word "thereof" is substituted for the words "of either of said medal or of said cross". The words "Except as otherwise prescribed in this 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.
Editorial Notes
Amendments
2019—Subsec. (b). Pub. L. 116–92, §582(b)(1)(A), substituted "subsection (c)" for "subsection (d)" in introductory provisions.
Subsecs. (c), (d). Pub. L. 116–92, §582(b)(1)(B), (C), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "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."
2018—Pub. L. 115–232 renumbered section 3744 of this title as this section.
2013—Subsec. (a). Pub. L. 113–66, §561(a), substituted "distinguished-service cross" for "medal of honor, distinguished-service cross,".
Subsec. (b)(1). Pub. L. 113–66, §562(a)(1)(A), substituted "five years" for "three years".
Subsec. (b)(2). Pub. L. 113–66, §562(a)(1)(B), substituted "three years" for "two years".
Subsec. (d)(1). Pub. L. 113–66, §562(a)(2), substituted "three years" for "two years".
1960—Subsec. (b). Pub. L. 86–582, §1(1)(A), substituted "Except as provided in subsection (d), no" for "No."
Subsec. (d). Pub. L. 86–582, §1(1)(B), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
§7275. Medal of honor; distinguished-service cross; distinguished-service medal: delegation of power to award
The President may delegate his authority to award the medal of honor, distinguished-service cross, and distinguished-service medal, to a commanding general of a separate army or higher unit in the field.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3745; renumbered §7275, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 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".
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3745 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.
§7276. Silver star: award
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3746; Pub. L. 88–77, §1(3), July 25, 1963, 77 Stat. 93; renumbered §7276, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 3746 |
10:1412. |
July 9, 1918, ch. 143 (words after 2d semicolon of 12th par. under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, §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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3746 of this title as this section.
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.
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
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; Ex. Ord. No. 13286, §70, Feb. 28, 2003, 68 F.R. 10630; Ex. Ord. No. 14085, §4, Oct. 3, 2022, 87 F.R. 60542, 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 those individuals who, while serving in any capacity in or with the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States, after December 6, 1941, distinguish, or have distinguished, themselves 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.
[Section 4(a) of Ex. Ord. No. 14085, which directed substitution of "Homeland Security" for "Transportation" in par. 1 of Ex. Ord. No. 11046, set out above, could not be executed due to the prior identical amendment by Ex. Ord. No. 13286.]
§7277. Medal of honor; distinguished-service cross; distinguished-service medal; silver star: replacement
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3747; Pub. L. 107–107, div. A, title V, §553(a)(2), Dec. 28, 2001, 115 Stat. 1116; renumbered §7277, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3747 of this title as this section.
2001—Pub. L. 107–107 substituted "stolen, lost, or destroyed" for "lost or destroyed".
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.
§7278. Medal of honor; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations
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 7271, 7272, 7273, 7274, 7276, 7277, and 7282 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217, §3748; renumbered §7278 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
Historical and Revision Notes
| 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232, §809(a), substituted "sections 7271, 7272, 7273, 7274, 7276, 7277, and 7282" for "sections 3741, 3742, 3743, 3744, 3746, 3747, and 3752".
Pub. L. 115–232, §808(b)(11), renumbered section 3748 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.
§7279. Distinguished flying cross: award; limitations
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217, §3749; renumbered §7279, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3749 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.
§7280. Soldier's Medal: award; limitations
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217, §3750; Pub. L. 105–85, div. A, title V, §574(a), Nov. 18, 1997, 111 Stat. 1758; renumbered §7280, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Historical and Revision Notes
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 3750(a) |
10:1428 (less last sentence). |
July 2, 1926, ch. 721, §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".
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3750 of this title as this section.
1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).
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.
§7281. Service medals: issue; replacement; availability of appropriations
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217, §3751; renumbered §7281, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
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).
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3751 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.
Issuance of Certain Other Medals and Devices
Act Aug. 10, 1956, ch. 1041, §33, 70A Stat. 633, 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."
§7282. Medals: posthumous award and presentation
(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 7281 of this title, it shall be presented to his family.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217, §3752; Pub. L. 85–861, §33(a)(23), Sept. 2, 1958, 72 Stat. 1565; renumbered §7282 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
Historical and Revision Notes
1956 Act
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 3752(a) 3752(b) |
10:1409 (words between 1st and 2d semicolons). 10:1429 (1st 49 words of last sentence). 10:1415a (21st through 30th words, less applicability to clauses (a) through (n)). |
July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871. July 2, 1926, ch. 721, §12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, §4, 50 Stat. 549. |
| |
|
May 12, 1928, ch. 528, §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.
Editorial Notes
Amendments
2018—Pub. L. 115–232, §808(b)(11), renumbered section 3752 of this title as this section.
Subsec. (b). Pub. L. 115–232, §809(a), substituted "section 7281" for "section 3751".
1958—Subsec. (b). Pub. L. 85–861 substituted "it shall be presented" for "it may be presented".
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.
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.
§7283. Civil War battle streamers
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 218, §3753; renumbered §7283, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
The words "it is determined" are substituted for the words "upon verification in the War Department that it is entitled to such honors".
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3753 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.
§7284. Medal of honor: duplicate medal
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.
(Added Pub. L. 107–107, div. A, title V, §553(a)(1)(A), Dec. 28, 2001, 115 Stat. 1115, §3754; renumbered §7284, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 3754 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.
§7285. Medal of honor: presentation of Medal of Honor Flag
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 7271 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 7271 or 7282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.
(Added Pub. L. 107–248, title VIII, §8143(c)(1)(A), Oct. 23, 2002, 116 Stat. 1570, §3755; amended Pub. L. 107–314, div. A, title X, §1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, §555(a), Oct. 17, 2006, 120 Stat. 2217; renumbered §7285 and amended Pub. L. 115–232, div. A, title VIII, §§808(b)(11), 809(a), Aug. 13, 2018, 132 Stat. 1838, 1840.)
Editorial Notes
Amendments
2018—Pub. L. 115–232, §809(a), substituted "section 7271" for "section 3741" and "section 7271 or 7282(a)" for "section 3741 or 3752(a)".
Pub. L. 115–232, §808(b)(11), renumbered section 3755 of this title as this section.
2006—Pub. L. 109–364 struck out "after October 23, 2002" after "section 3741 of this title" and inserted at end "In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented."
2002—Pub. L. 107–314 substituted "October 23, 2002" for "the date of the enactment of 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.
Presentation of Flag for Prior Recipients of Medal of Honor
Pub. L. 109–364, div. A, title V, §555(b), Oct. 17, 2006, 120 Stat. 2217, provided that:
"(1) Living recipients.—The President shall provide for the presentation of the Medal of Honor Flag as expeditiously as possible after the date of the enactment of this Act [Oct. 17, 2006] to each living recipient of the Medal of Honor who has not already received a Medal of Honor Flag.
"(2) Survivors of deceased recipients.—In the case of presentation of the Medal of Honor Flag for a recipient of the Medal of Honor who was awarded the Medal of Honor before the date of the enactment of this Act [Oct. 17, 2006] and who is deceased as of such date (or who dies after such date and before the presentation required by paragraph (1)), the President shall provide for posthumous presentation of the Medal of Honor Flag, upon written application therefor, to the primary living next of kin, as determined under regulations or procedures prescribed by the Secretary of Defense for the purposes of this paragraph (and notwithstanding the amendments made by paragraph (2) of subsection (a) [amending this section]).
"(3) Medal of honor flag.—In this subsection, the term 'Medal of Honor Flag' means the flag designated under section 903 of title 36, United States Code."
§7286. Korea Defense Service Medal
(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.
(Added Pub. L. 107–314, div. A, title V, §543(b)(1), Dec. 2, 2002, 116 Stat. 2549, §3755; renumbered §3756, Pub. L. 108–375, div. A, title X, §1084(d)(28), Oct. 28, 2004, 118 Stat. 2063; renumbered §7286, Pub. L. 115–232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
Editorial Notes
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.
Prior Provisions
Prior sections 7291 to 7294 were renumbered sections 8661 to 8664 of this title, respectively.
A prior section 7295, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, listed types of vessels considered underage for specified periods after completion, prior to repeal by Pub. L. 115–232, div. A, title X, §1015(b)(1), Aug. 13, 2018, 132 Stat. 1949.
A prior section 7296, added Pub. L. 107–314, div. A, title X, §1021(b)(1), Dec. 2, 2002, 116 Stat. 2638; amended Pub. L. 108–136, div. A, title X, §1011, Nov. 24, 2003, 117 Stat. 1589, required notice before reduction in number of combatant surface vessels, prior to repeal by Pub. L. 112–81, div. A, title X, §1061(27)(A), Dec. 31, 2011, 125 Stat. 1584.
Another prior section 7296, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, related to availability for other purposes of appropriations for construction or conversion of vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(5), Nov. 30, 1993, 107 Stat. 1707.
A prior section 7297 was renumbered section 8667 of this title.
A prior section 7298, act Aug. 10, 1956, ch. 1041, 70A Stat. 449, related to conversion of combatant and auxiliary naval vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(6), Nov. 30, 1993, 107 Stat. 1707.
A prior section 7299 was renumbered section 8669 of this title.
Another prior section 7299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 449; Aug. 25, 1958, Pub. L. 85–747, 72 Stat. 839; Dec. 12, 1980, Pub. L. 96–513, title V, §513(26), 94 Stat. 2932; Oct. 12, 1982, Pub. L. 97–295, §1(47), 96 Stat. 1298, directed that each contract for construction, alteration, furnishing, or equipping of naval vessel was subject to the Walsh-Healey Act, unless President determined that such requirement was not in interest of national defense, prior to repeal by Pub. L. 103–355, title III, §3023(a), Oct. 13, 1994, 108 Stat. 3333.
A prior section 7299a was renumbered section 8669a of this title.
A prior section 7300 was renumbered section 8670 of this title.
Another prior section 7300, act Aug. 10, 1956, ch. 1041, 70A, Stat. 450, related to profit limitations on contracts for construction of naval vessels, prior to repeal by Pub. L. 97–86, title IX, §911(b)(1), Dec. 1, 1981, 95 Stat. 1122.
A prior section 7301 was renumbered section 8671 of this title.
Another prior section 7301, act Aug. 10, 1956, ch. 1041, 70A Stat. 450, related to estimates required for bids on construction of naval vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(7), Nov. 30, 1993, 107 Stat. 1707.
A prior section 7302, act Aug. 10, 1956, ch. 1041, 70A Stat. 451, directed Department of the Navy to construct on U.S. Pacific Coast such vessels as President determined necessary to maintain shipyard facilities there adequate to meet requirements of national defense, prior to repeal by Pub. L. 103–355, title III, §3024(a), Oct. 13, 1994, 108 Stat. 3334.
A prior section 7303 was renumbered section 8673 of this title.
A prior section 7304 was renumbered section 8674 of this title.
Another prior section 7304, act Aug. 10, 1956, ch. 1041, 70A Stat. 451, related to examination of vessels by board and striking of unfit vessels from Naval Vessel Register, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708.
A prior section 7305 was renumbered section 8675 of this title.
Another prior section 7305, acts Aug. 10, 1956, ch. 1041, 70A Stat. 451; Dec. 12, 1980, Pub. L. 96–513, title V, §513(27), 94 Stat. 2933, related to sale of vessels stricken from Naval Vessel Register, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708.
A prior section 7305a was renumbered section 8675a of this title.
A prior section 7306 was renumbered section 8676 of this title.
Another prior section 7306, acts Aug. 10, 1956, ch. 1041, 70A Stat. 452; Nov. 8, 1965, Pub. L. 89–348, §1(10), 79 Stat. 1311; Nov. 2, 1966, Pub. L. 89–718, §42, 80 Stat. 1120; Nov. 29, 1989, Pub. L. 101–189, div. A, title XVI, §1616, 103 Stat. 1602, related to use of vessels stricken from the Naval Vessel Register for experimental purposes, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708. See section 8676a of this title.
Prior sections 7306a and 7306b were renumbered sections 8676a and 8676b of this title, respectively.
A prior section 7307 was renumbered section 8677 of this title.
Another prior section 7307, acts Aug. 10, 1956, ch. 1041, 70A Stat. 452; Aug. 5, 1974, Pub. L. 93–365, title VII, §702, 88 Stat. 405; Oct. 5, 1976, Pub. L. 94–457, §2, 90 Stat. 1938; Dec. 12, 1980, Pub. L. 96–513, title V, §513(28), 94 Stat. 2933; Aug. 8, 1985, Pub. L. 99–83, title I, §122, 99 Stat. 204; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIV, §1484(b)(4), 104 Stat. 1716, related to restrictions on disposal of certain Navy ships, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708.
A prior section 7308 was renumbered section 8678 of this title.
Another prior section 7308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 453; Dec. 12, 1980, Pub. L. 96–513, title V, §513(29), 94 Stat. 2933; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(a)(6), 102 Stat. 2059; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIV, §1427, 104 Stat. 1685, related to transfer or gift of obsolete, condemned, and captured vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708.
A prior section 7309 was renumbered section 8679 of this title.
Another prior section 7309, added Pub. L. 97–252, title XI, §1127(a), Sept. 8, 1982, 96 Stat. 758; amended Pub. L. 98–473, title I, §101(h) [title VIII, §8095], Oct. 12, 1984, 98 Stat. 1904, 1941; Pub. L. 99–145, title XIII, §1303(a)(24)(A), Nov. 8, 1985, 99 Stat. 740; Pub. L. 100–180, div. A, title XI, §1103, Dec. 4, 1987, 101 Stat. 1146; Pub. L. 100–456, div. A, title XII, §1224(a), (b)(1), Sept. 29, 1988, 102 Stat. 2054; Pub. L. 101–189, div. A, title XVI, §1622(c)(8), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 102–190, div. A, title X, §1017, Dec. 5, 1991, 105 Stat. 1459; Pub. L. 102–484, div. A, title X, §1012, Oct. 23, 1992, 106 Stat. 2483, related to restrictions on construction and repair of vessels in foreign shipyards, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(b), Nov. 30, 1993, 107 Stat. 1708.
A prior section 7310 was renumbered section 8680 of this title.
Another prior section 7310, added Pub. L. 97–295, §1(49)(A), Oct. 12, 1982, 96 Stat. 1298, related to policy for constructing combatant vessels, prior to repeal by Pub. L. 103–160, div. A, title VIII, §824(a)(8), Nov. 30, 1993, 107 Stat. 1707.
Amendments
2018—Pub. L. 115–232 renumbered section 3756 of this title as this section.
2004—Pub. L. 108–375 renumbered section 3755 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.
Findings
Pub. L. 107–314, div. A, title V, §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, §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]."