2013 US Code
Title 10 - Armed Forces
Subtitle B - Army (§§ 3001 - 4842)
Part II - PERSONNEL (§§ 3201 - 4061)
Chapter 357 - DECORATIONS AND AWARDS (§§ 3741 - 3756)
Section 3741 - Medal of honor: award
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL CHAPTER 357 - DECORATIONS AND AWARDS Sec. 3741 - Medal of honor: award |
Contains | section 3741 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 215; Pub. L. 88-77, §1(1), July 25, 1963, 77 Stat. 93. |
Statutes at Large References | 40 Stat. 870 77 Stat. 93 110 Stat. 312 115 Stat. 1115 125 Stat. 1444 127 Stat. 769 |
Public Law References | Public Law 88-77, Public Law 104-106, Public Law 107-107, Public Law 112-81, Public Law 113-66 |
Download PDF
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; Pub. L. 88–77, §1(1), July 25, 1963, 77 Stat. 93.)
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.
AMENDMENTS1963—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 JEWISH AMERICAN WORLD WAR I VETERANSPub. L. 112–81, div. A, title V, §595, Dec. 31, 2011, 125 Stat. 1444, provided that:
"(a)
"(b)
"(c)
"(d)
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)
"(b)
"(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)
"(d)
"(e)
"(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)
"(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)
Pub. L. 104–106, div. A, title V, §524, Feb. 10, 1996, 110 Stat. 312, provided that:
"(a)
"(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)
"(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)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.