-CITE- 10 USC CHAPTER 357 - DECORATIONS AND AWARDS 01/03/2007 -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. Medal of honor: presentation of Medal of Honor Flag. 3756. Korea Defense Service Medal. AMENDMENTS 2004 - Pub. L. 108-375, div. A, title X, Sec. 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, 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. -End- -CITE- 10 USC Sec. 3741 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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.)." -End- -CITE- 10 USC Sec. 3742 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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. -End- -CITE- 10 USC Sec. 3743 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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. -End- -CITE- 10 USC Sec. 3744 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 3744(a) 10:1411. July 9, 1918, ch. 143 (12th par., less words after 2d semicolon, under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, Sec. 1 (less last sentence), 41 Stat. 398. 3744(b) 3744(c) 10:1409 (words before 1st semicolon). 10:1409 (words after 2d semicolon). 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). -End- -CITE- 10 USC Sec. 3745 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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". -End- -CITE- 10 USC Sec. 3746 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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; 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. -End- -CITE- 10 USC Sec. 3747 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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". -End- -CITE- 10 USC Sec. 3748 01/03/2007 -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 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section 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. -End- -CITE- 10 USC Sec. 3749 01/03/2007 -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 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 3749(a) 10:1429 (less 2d and last July 2, 1926, ch. 721, sentences). Sec. 12 (less 1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, Sec. 4, 50 Stat. 549. 3749(b) 3749(c) 10:1429 (2d sentence). 10:1429 (last sentence, less 1st 49 words). -------------------------------------------------------------------- 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. -End- -CITE- 10 USC Sec. 3750 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 3750(a) 10:1428 (less last July 2, 1926, ch. 721, sentence). 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). -End- -CITE- 10 USC Sec. 3751 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 3751(a) 10:1415a (less 21st May 12, 1928, ch. 528, through 30th words, and Secs. 1 (less 25th less clauses (a) through through 34th words, and (n)). less clauses (a) through (n)), 2 (less applicability to Sec. 1 clauses (a) through (n)), 3 (less applicability to Sec. 1 (clauses (a) through (n)), 45 Stat. 500. 3751(b) 3751(c) 10:1415b (less applicability to 10:1415a (clauses (a) through (n)). 10:1415c (less applicability to 10:1415a (clauses (a) through (n)). -------------------------------------------------------------------- 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." -End- -CITE- 10 USC Sec. 3752 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 3752(a) 10:1409 (words between July 9, 1918, ch. 143 1st and 2d semicolons). (words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871. 3752(b) 10:1429 (1st 49 words of last sentence). 10:1415a (21st through 30th words, less applicability to clauses (a) through (n)). July 2, 1926, ch. 721, Sec. 12 (1st 49 words of 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. -End- -CITE- 10 USC Sec. 3753 01/03/2007 -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 Source (U.S. Code) Source (Statutes at section 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". -End- -CITE- 10 USC Sec. 3754 01/03/2007 -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.) -End- -CITE- 10 USC Sec. 3755 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL CHAPTER 357 - DECORATIONS AND AWARDS -HEAD- Sec. 3755. Medal of honor: presentation of Medal of Honor Flag -STATUTE- 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. 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. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented. -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; Pub. L. 109-364, div. A, title V, Sec. 555(a), Oct. 17, 2006, 120 Stat. 2217.) -COD- CODIFICATION Another section 3755 was renumbered section 3756 of this title. -MISC1- AMENDMENTS 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". PRESENTATION OF FLAG FOR PRIOR RECIPIENTS OF MEDAL OF HONOR Pub. L. 109-364, div. A, title V, Sec. 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." -End- -CITE- 10 USC Sec. 3756 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL CHAPTER 357 - DECORATIONS AND AWARDS -HEAD- Sec. 3756. Korea Defense Service Medal -STATUTE- (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, Sec. 3755; renumbered Sec. 3756, Pub. L. 108- 375, div. A, title X, Sec. 1084(d)(28), Oct. 28, 2004, 118 Stat. 2063.) -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. -MISC1- AMENDMENTS 2004 - Pub. L. 108-375 renumbered section 3755 of this title as this section. 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]." -End- -CITE- 10 USC [CHAPTER 359 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 359 - REPEALED] -HEAD- [CHAPTER 359 - REPEALED] -End- -CITE- 10 USC Secs. 3781 to 3787 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 359 - REPEALED] -HEAD- Secs. 3781 to 3787. Repealed. -MISC1- [Secs. 3781 to 3787. Repealed. Pub. L. 96-513, title II, Sec. 213, Dec. 12, 1980, 94 Stat. 2885]. Section 3781, acts Aug. 10, 1956, ch. 1041, 70A Stat. 218; July 12, 1960, Pub. L. 86-616, Sec. 2(a), 74 Stat. 386, authorized Secretary of the Army to convene at any time a board of officers to review record of any commissioned officer on active list of Regular Army to determine whether he should be required, because of substandard performance of duty, to show cause for his retention on active list. See section 1181(a) of this title. Section 3782, acts Aug. 10, 1956, ch. 1041, 70A Stat. 218; July 12, 1960, Pub. L. 86-616, Sec. 2(a), 74 Stat. 387, provided for boards of inquiry, composed of three or more officers, to be convened at such places as Secretary of the Army prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under section 3781 of this title, should be retained on active list of Regular Army. See section 1182 of this title. Section 3783, acts Aug. 10, 1956, ch. 1041, 70A Stat. 218; July 12, 1960, Pub. L. 86-616, Sec. 2(a), 74 Stat. 387, provided for boards of review, composed of three or more officers, to be convened by Secretary of the Army, at such places as he prescribes, to review records of cases of officers recommended by boards of inquiry for removal from active list of Regular Army. Section 3784, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July 12, 1960, Pub. L. 86-616, Sec. 2(a), 74 Stat. 387, authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive. See section 1184 of this title. Section 3785, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July 12, 1960, Pub. L. 86-616, Sec. 2(a), 74 Stat. 387, provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before a board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceeding. See section 1185 of this title. Section 3786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July 12, 1960, Pub. L. 86-616, Sec. 2(a), 74 Stat. 387, authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer's request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See section 1186 of this title. Section 3787, added Pub. L. 86-616, Sec. 2(a), July 12, 1960, 74 Stat. 388, provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by board and that no person be a member of more than one board convened under this chapter for same officer. See section 1187 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC [CHAPTER 360 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 360 - REPEALED] -HEAD- [CHAPTER 360 - REPEALED] -End- -CITE- 10 USC Secs. 3791 to 3797 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 360 - REPEALED] -HEAD- Secs. 3791 to 3797. Repealed. -MISC1- [Secs. 3791 to 3797. Repealed. Pub. L. 96-513, title II, Sec. 213, Dec. 12, 1980, 94 Stat. 2885]. Section 3791, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 388, authorized Secretary of the Army to convene at any time a board of general officers to review record of any commissioned officer on active list of Regular Army to determine whether he should be required, because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with interests of national security, to show cause for his retention on active list. See section 1181(b) of this title. Section 3792, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 388, provided for boards of inquiry, composed of three or more general officers, to be convened at such places as Secretary of the Army prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under section 3791 of this title, should be retained on active list of Regular Army. See section 1182 of this title. Section 3793, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 389, provided for boards of review, composed of three or more general officers, to be convened by Secretary of the Army, at such places as he prescribes, to review records of cases of officers recommended by boards of inquiry for removal from active list of Regular Army. Section 3794, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 389, authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive. See section 1184 of this title. Section 3795, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 389, provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceedings, except records that Secretary determines be withheld in interests of national security, in which case, a summary, to extent national security permits, be furnished. See section 1185 of this title. Section 3796, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 389, authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer's request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See section 1186 of this title. Section 3797, added Pub. L. 86-616, Sec. 3(a), July 12, 1960, 74 Stat. 390, provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for same officer. See section 1187 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC [CHAPTER 361 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- [CHAPTER 361 - REPEALED] -End- -CITE- 10 USC Secs. 3811 to 3813 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- Secs. 3811 to 3813. Repealed. -MISC1- [Secs. 3811 to 3813. Repealed. Pub. L. 90-235, Sec. 3(a)(2), (b)(1), Jan. 2, 1968, 81 Stat. 757, 758]. Section 3811, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for discharge of enlisted members of Army and limitations thereon, and for issuance of discharge certificates. See section 1169 of this title. Section 3812, act Aug. 1956, ch. 1041, 70A Stat. 220, provided for the discharge of members of the Army enlisted during war or emergency. See section 1172 of this title. Section 3813, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for dependency discharges for enlisted members of the Army. -End- -CITE- 10 USC Sec. 3814 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- Sec. 3814. Repealed. -MISC1- [Sec. 3814. Repealed. Pub. L. 96-513, title II, Sec. 214, Dec. 12, 1980, 94 Stat. 2885]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, authorized Secretary of the Army to discharge a regular commissioned officer who has less than three years of continuous service as a commissioned officer therein, provided that such officer not be dismissed because of his marriage, unless marriage occurred within one year after date of his original appointment. See section 630 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Sec. 3814a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- Sec. 3814a. Repealed. -MISC1- [Sec. 3814a. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(a)(2), Oct. 5, 1994, 108 Stat. 2963]. Section, added Pub. L. 93-558, Sec. 1, Dec. 30, 1974, 88 Stat. 1793, related to discharge, during a reduction in force, of regular commissioned officers, second lieutenants, first lieutenants, and captains, and expired three years after its effective date, Dec. 30, 1974, in accordance with section 2 of Pub. L. 93-558. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC Secs. 3815, 3816 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- Secs. 3815, 3816. Repealed. -MISC1- [Secs. 3815, 3816. Repealed. Pub. L. 90-235, Sec. 3(a)(2), (b)(1), Jan. 2, 1968, 81 Stat. 757, 758]. Section 3815, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided for resignation of regular enlisted members of Army enlisted on a career basis and limitations thereon. Section 3816, act Aug. 10, 1956, ch. 1041, 70A Stat. 221, provided for minority discharges for regular enlisted members of Army. See section 1170 of this title. -End- -CITE- 10 USC Sec. 3818 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- Sec. 3818. Repealed. -MISC1- [Sec. 3818. Repealed. Pub. L. 96-513, title II, Sec. 236, Dec. 12, 1980, 94 Stat. 2887]. Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; Oct. 20, 1978, Pub. L. 95-485, title VIII, Sec. 820(g), 92 Stat. 1627, authorized Secretary of the Army to terminate appointment of a female commissioned officer of Regular Army, other than by dismissal, under regulations prescribed by President, or to terminate the appointment of a female warrant officer or enlistment of a female member of Regular Army by discharge from the Army. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Secs. 3819, 3820 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 361 - REPEALED] -HEAD- Secs. 3819, 3820. Repealed. -MISC1- [Secs. 3819, 3820. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(a)(2), Oct. 5, 1994, 108 Stat. 2963]. Section 3819, added Pub. L. 85-861, Sec. 1(93)(A), Sept. 2, 1958, 72 Stat. 1482; amended Pub. L. 98-525, title V, Sec. 528(b), Oct. 19, 1984, 98 Stat. 2526, related to discharge of Army Reserve officers for failure of promotion to first lieutenant. See section 14503 of this title. Section 3820, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(93)(B), 72 Stat. 1482, related to discharge and withdrawal of Federal recognition of officers of Army National Guard of United States absent without leave. See section 14907 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC [CHAPTER 363 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- [CHAPTER 363 - REPEALED] -End- -CITE- 10 USC Secs. 3841, 3842 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- Secs. 3841, 3842. Repealed. -MISC1- [Secs. 3841, 3842. Repealed. Pub. L. 86-559, Sec. 1(22), June 30, 1960, 74 Stat. 271]. Section 3841, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1483, related to separation or transfer to retired reserve of reserve nurses and medical specialists at age 50 if in a reserve grade below major. Section 3842, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1483, related to separation or transfer to Retired Reserve of Reserve nurses and medical specialists at age 55 if in a Reserve grade above captain. -End- -CITE- 10 USC Secs. 3843 to 3846 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- Secs. 3843 to 3846. Repealed. -MISC1- [Secs. 3843 to 3846. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(a)(3), Oct. 5, 1994, 108 Stat. 2963]. Section 3843, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1483; amended Pub. L. 86-559, Sec. 1(23), June 30, 1960, 74 Stat. 271; Pub. L. 99-145, title XIII, Sec. 1303(a)(20)(A), Nov. 8, 1985, 99 Stat. 739, related to transfer or discharge of reserve commissioned officers below grade of major general. See sections 14509 and 14510 of this title. Section 3844, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1484; amended Pub. L. 86-559, Sec. 1(24), June 30, 1960, 74 Stat. 271, related to transfer or discharge of certain reserve major generals and brigadier generals who are 62 years old. See section 14511 of this title. Section 3845, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1484; amended Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of certain officers of Army National Guard of United States who are 64 years of age. See section 14512(a) of this title. Section 3846, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1484, related to transfer or discharge of reserve first lieutenants, captains, and majors not recommended for promotion by two selection boards. See section 14501 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC Sec. 3847 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- Sec. 3847. Repealed. -MISC1- [Sec. 3847. Repealed. Pub. L. 90-130, Sec. 1(12)(A), Nov. 8, 1967, 81 Stat. 376]. Section, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1484; Pub. L. 86-559, Sec. 1(25), June 30, 1960, 74 Stat. 272, provided for transfer to Retired Reserve or discharge from his reserve appointment, after July 1, 1960, of each officer in a reserve grade below lieutenant colonel with 25 years service assigned to Army Nurse Corps, Army Medical Specialist Corps, or Women's Army Corps who had not been recommended for promotion to reserve grade of lieutenant colonel or who has not remained on active duty since such a recommendation. -End- -CITE- 10 USC Sec. 3848 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- Sec. 3848. Repealed. -MISC1- [Sec. 3848. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(a)(3), Oct. 5, 1994, 108 Stat. 2963]. Section 3848, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1485; amended Pub. L. 86-559, Sec. 1(26), June 30, 1960, 74 Stat. 272; Pub. L. 90-130, Sec. 1(12)(B), Nov. 8, 1967, 81 Stat. 376; Pub. L. 90-486, Sec. 9(1), Aug. 13, 1968, 82 Stat. 760; Pub. L. 95-485, title VIII, Sec. 820(h), Oct. 20, 1978, 92 Stat. 1627; Pub. L. 96-513, title V, Sec. 512(8), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 99-145, title V, Sec. 522(a)(1), title XIII, Sec. 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631, 739; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of reserve first lieutenants, captains, majors, and lieutenant colonels with 28 years of service. See section 14501 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC Sec. 3849 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- Sec. 3849. Repealed. -MISC1- [Sec. 3849. Repealed. Pub. L. 86-559, Sec. 1(27), June 30, 1960, 74 Stat. 272]. Section, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1485, related to separation or transfer to retired reserve of officers in the reserve grade of lieutenant colonel assigned to the Women's Army Corps upon completion of 28 years of service. -End- -CITE- 10 USC Secs. 3850 to 3855 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 363 - REPEALED] -HEAD- Secs. 3850 to 3855. Repealed. -MISC1- [Secs. 3850 to 3855. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(a)(3), Oct. 5, 1994, 108 Stat. 2963]. Section 3850, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1485; amended Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(25), Feb. 10, 1996, 110 Stat. 499, related to transfer or discharge of excessive reserve commissioned officers in active status with thirty or more years of service. See sections 14514 and 14704 of this title. Section 3851, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1486; amended Pub. L. 86-559, Sec. 1(28), June 30, 1960, 74 Stat. 272; Pub. L. 90-486, Sec. 9(1), Aug. 13, 1968, 82 Stat. 760; Pub. L. 96-513, title V, Sec. 512(8), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 98-525, title V, Sec. 513, Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99-145, title V, Sec. 522(a)(2), title XIII, Sec. 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631, 739; Pub. L. 99-661, div. A, title XIII, Sec. 1342(g), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of reserve colonels and brigadier generals with 30 years of service or five years in grade. See section 14508(a), (c) of this title. Section 3852, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1486; amended Pub. L. 86-559, Sec. 1(29), June 30, 1960, 74 Stat. 272; Pub. L. 99-145, title V, Sec. 523, title XIII, Sec. 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 632, 739; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of reserve major generals with 35 years of service or five years in grade. See section 14508(b), (d) of this title. Section 3853, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1486; amended Pub. L. 86-559, Sec. 1(30), June 30, 1960, 74 Stat. 273; Pub. L. 86-651, title I, Sec. 115, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96-513, title V, Sec. 512(9), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 98-94, title X, Sec. 1016(a), Sept. 24, 1983, 97 Stat. 668; Pub. L. 103-337, div. A, title XVI, Sec. 1635(a), Oct. 5, 1994, 108 Stat. 2968, related to computation of years of service. See section 14706 of this title. Section 3854, added Pub. L. 85-861, Sec. 1(94), Sept. 2, 1958, 72 Stat. 1486, authorized Secretary of the Army to prescribe regulations to carry out this chapter. Section 3855, added Pub. L. 86-559, Sec. 1(31), June 30, 1960, 74 Stat. 273; amended Pub. L. 96-107, title IV, Sec. 403(a), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96-513, title II, Sec. 215(a), Dec. 12, 1980, 94 Stat. 2885; Pub. L. 100-180, div. A, title VII, Sec. 717(a), (d)(1)(A), Dec. 4, 1987, 101 Stat. 1113, 1114; Pub. L. 101- 189, div. A, title VII, Secs. 710(a), 711(a), Nov. 29, 1989, 103 Stat. 1476, 1477, related to retention in active status of certain reserve officers. See section 14703(a)(1), (b) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC [CHAPTER 365 - REPEALED] 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 365 - REPEALED] -HEAD- [CHAPTER 365 - REPEALED] -End- -CITE- 10 USC Secs. 3881, 3882 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 365 - REPEALED] -HEAD- Secs. 3881, 3882. Repealed. -MISC1- [Secs. 3881, 3882. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug. 21, 1957, 71 Stat. 390]. Section 3881, act Aug. 10, 1956, ch. 1041, 70A Stat. 222, authorized Secretary of the Army to retire regular commissioned officers of Army Nurse Corps or Women's Medical Specialist Corps whose regular grade is below major. Section 3882, act Aug. 10, 1956, ch. 1041, 70A Stat. 222, authorized Secretary of the Army to retire regular commissioned officers of Army Nurse Corps or Women's Medical Specialist Corps whose regular grade is above captain. -End- -CITE- 10 USC Secs. 3883 to 3886 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 365 - REPEALED] -HEAD- Secs. 3883 to 3886. Repealed. -MISC1- [Secs. 3883 to 3886. Repealed. Pub. L. 96-513, title II, Sec. 216, Dec. 12, 1980, 94 Stat. 2886]. Section 3883, acts Aug. 10, 1956, ch. 1041, 70A Stat. 222; Aug. 6, 1958, Pub. L. 85-600, Sec. 1(6), 72 Stat. 522; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115; Oct. 30, 1978, Pub. L. 95- 551, Sec. 2, 92 Stat. 2069, provided that, unless retired or separated at an earlier date, each commissioned officer whose regular grade is below major general, other than a professor or the director of admissions of the United States Military Academy, be retired when he becomes 60 years of age, except as provided by section 8301 of title 5. See section 1251 of this title. Section 3884, acts Aug. 10, 1956, ch. 1041, 70A Stat. 222; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided that, unless retired or separated at an earlier date, each commissioned officer whose regular grade is major general, and whose retirement under section 3923 of this title has been deferred under cl. (1) of that section, be retired when he becomes 60 years of age, except as provided by section 8301 of title 5. See section 1251 of this title. Section 3885, acts Aug. 10, 1956, ch. 1041, 70A Stat. 222; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115, provided that, unless retired or separated at an earlier date or unless retained under section 3923(2) of this title, each commissioned officer whose regular grade is major general be retired when he becomes 62 years of age, except as provided by section 8301 of title 5. See section 1251 of this title. Section 3886, acts Aug. 10, 1956, ch. 1041, 70A Stat. 222; Aug. 6, 1958, Pub. L. 85-600, Sec. 1(7), 72 Stat. 522; Nov. 2, 1966, Pub. L. 89-718, Sec. 3, 80 Stat. 1115; Oct. 30, 1978, Pub. L. 95- 551, Sec. 2, 92 Stat. 2069, provided that, unless retired or separated at an earlier date, each commissioned officer whose regular grade is major general, and whose retirement under section 3923 of this title has been deferred under cl. (2) of that section, and each permanent professor and the director of admissions of the United States Military Academy, be retired when he becomes 64 years of age, except as provided by section 8301 of title 5. See section 1251 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Sec. 3887 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 365 - REPEALED] -HEAD- Sec. 3887. Repealed. -MISC1- [Sec. 3887. Repealed. Pub. L. 85-155, title IV, Sec. 401(1), Aug. 21, 1957, 71 Stat. 390]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 223, related to computation of years of service of commissioned officers of Army Nurse Corps or Women's Medical Specialist Corps for purposes of retirement under former sections 3881 or 3882 of this title, or retirement pay under section 3991 of this title. -End- -CITE- 10 USC Secs. 3888, 3889 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL [CHAPTER 365 - REPEALED] -HEAD- Secs. 3888, 3889. Repealed. -MISC1- [Secs. 3888, 3889. Repealed. Pub. L. 96-513, title II, Sec. 216, Dec. 12, 1980, 94 Stat. 2886]. Section 3888, acts Aug. 10, 1956, ch. 1041, 70A Stat. 223; Aug. 21, 1957, Pub. L. 85-155, title I, Sec. 101(18), 71 Stat. 379; May 20, 1958, Pub. L. 85-422, Sec. 11(a)(3), 72 Stat. 131; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(96), 72 Stat. 1487, related to computation of service for determining retired pay of a commissioned officer of Regular Army retired under section 3883, 3884, 3885, or 3886 of this title. See section 1405 of this title. Section 3889, act Aug. 10, 1956, ch. 1041, 70A Stat. 224, provided that a member of Army retired under this chapter be entitled to retired pay computed under chapter 371 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End-