republic-os/legal/us/code/title-10/chapter-737/section-7274.md

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10 U.S.C. § 7274 - Medal of honor; distinguished-service cross; distinguished-service medal: limitations on award

Text

(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.)

Notes

Historical and Revision Notes Revised sectionSource (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

Amendments2019—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 AmendmentAmendment 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.