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Title 10 — Armed Forces

Part II · Chapter 737 — Decorations and Awards

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

Statutory 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3744 · 70A Stat. 216

    Enacted · 10 U.S.C. § 7274

    Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3744

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3744

  2. Pub. L. 86–582 § 1(1)(A) · 74 Stat. 320

    Substituted · 10 U.S.C. § 7274(b)

    Pub. L. 86–582, § 1(1)(A), substituted “Except as provided in subsection (d), no” for “No.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 86–582, § 1(1)(A), substituted “Except as provided in subsection (d), no” for “No.”

    Enacted provision · exact public law section
    (1) Section 3744 is amended— (A) by amending the part of subsection (b) that precedes the numbered clauses to read as follows: “(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—”; and (B) by adding the following new subsection at the end thereof: “(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.”

  3. Pub. L. 86–582 § 1(1)(B) · 74 Stat. 320

    Added · 10 U.S.C. § 7274(d)

    Pub. L. 86–582, § 1(1)(B), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 86–582, § 1(1)(B), added subsec. (d).

    Enacted provision · exact public law section
    (1) Section 3744 is amended— (A) by amending the part of subsection (b) that precedes the numbered clauses to read as follows: “(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—”; and (B) by adding the following new subsection at the end thereof: “(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.”

  4. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 561(a) · 127 Stat. 672

    Substituted · 10 U.S.C. § 7274(a)

    Pub. L. 113–66, § 561(a), substituted “distinguished-service cross” for “medal of honor, distinguished-service cross,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–66, § 561(a), substituted “distinguished-service cross” for “medal of honor, distinguished-service cross,”.

    Enacted provision · exact public law section
    (a) Army.— Section 3744(a) of title 10, United States Code, is amended by striking “medal of honor, distinguished-service cross,” and inserting “distinguished-service cross”.

  5. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 562(a)(1)(A) · 127 Stat. 672

    Substituted · 10 U.S.C. § 7274(b)(1)

    Pub. L. 113–66, § 562(a)(1)(A), substituted “five years” for “three years”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–66, § 562(a)(1)(A), substituted “five years” for “three years”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “three years” and inserting “five years”; and

  6. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 562(a)(1)(B) · 127 Stat. 672

    Substituted · 10 U.S.C. § 7274(b)(2)

    Pub. L. 113–66, § 562(a)(1)(B), substituted “three years” for “two years”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–66, § 562(a)(1)(B), substituted “three years” for “two years”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “two years” and inserting “three years”; and

  7. National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 § 562(a)(2) · 127 Stat. 672

    Substituted · 10 U.S.C. § 7274(d)(1)

    Pub. L. 113–66, § 562(a)(2), substituted “three years” for “two years”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–66, § 562(a)(2), substituted “three years” for “two years”.

    Enacted provision · exact public law section
    (2) in subsection (d)(1), by striking “two years” and inserting “three years”.

  8. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 808(b)(11) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7274

    Pub. L. 115–232 renumbered section 3744 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3744 of this title as this section.

    Enacted provision · exact public law section
    (11) Chapter 357.— Each section in chapter 357 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,530.

    Effective date note
    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.

  9. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 582(b)(1)(A) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 7274(b)

    Pub. L. 116–92, § 582(b)(1)(A), substituted “subsection (c)” for “subsection (d)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–92, § 582(b)(1)(A), substituted “subsection (c)” for “subsection (d)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subsection (b), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsection (c)”;

  10. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 582(b)(1)(B) · 133 Stat. 1198

    1. Redesignated · 10 U.S.C. § 7274(c); 10 U.S.C. § 7274(d)

      Pub. L. 116–92, § 582(b)(1)(B), (C), redesignated subsec. (d) as (c)

    2. Struck · 10 U.S.C. § 7274(c); 10 U.S.C. § 7274(d)

      Pub. L. 116–92, § 582(b)(1)(B), (C), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (B) by striking subsection (c); and

10 of 11 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
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

Amendments1960–2019 · 4 rounds

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 , 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.

Credits

1956–2019 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3744
  2. 1960Pub. L. 86–582, § 1(1), , 74 Stat. 320
  3. 2013Pub. L. 113–66, div. A, title V, §§ 561(a), 562(a), , 127 Stat. 766
  4. 2018renumbered § 7274, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), , 132 Stat. 1838
  5. 2019Pub. L. 116–92, div. A, title V, § 582(b)(1), , 133 Stat. 1412.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 216, § 3744; Pub. L. 86–582, § 1(1), , 74 Stat. 320; Pub. L. 113–66, div. A, title V, §§ 561(a), 562(a), , 127 Stat. 766; renumbered § 7274, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), , 132 Stat. 1838; Pub. L. 116–92, div. A, title V, § 582(b)(1), , 133 Stat. 1412.)

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