2016 US Code
Title 10 - Armed Forces
Subtitle D - Air Force
Part II - Personnel
Chapter 857 - Decorations and Awards
Sec. 8752 - Medals: posthumous award and presentation

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Citation 10 U.S.C. § 8752 (2016)
Section Name §8752. Medals: posthumous award and presentation
Section Text

(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 8751 of this title, it shall be presented to his family.

Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 542; Pub. L. 85–861, §33(a)(23), Sept. 2, 1958, 72 Stat. 1565.)

Editorial Notes
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8752(a)

 

 

 

8752(b)

10:1409 (words between 1st and 2d semicolons).

10:1429 (1st 49 words of last sentence).

10:1415a (21st through 30th words, less applicability to clauses (a) through (n)).

July 9, 1918, ch. 143 (words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871.

July 2, 1926, ch. 721, §12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, §4, 50 Stat. 549.

  May 12, 1928, ch. 528, §1 (25th through 34th words, less applicability to clauses (a) through (n)), 45 Stat. 500.

In subsection (a), the words "If a person" are substituted for the words "In case an individual * * * dies", in 10:1409, and "In case an individual * * * shall have died", in 10:1429. The words "within three years from the date", in 10:1409, are omitted as covered by section 8744 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.

Publication Title United States Code, 2012 Edition, Supplement 4, 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 D - Air Force
PART II - PERSONNEL
CHAPTER 857 - DECORATIONS AND AWARDS
Sec. 8752 - Medals: posthumous award and presentation
Contains section 8752
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 40 Stat. 871
44 Stat. 789
45 Stat. 500
50 Stat. 549
72 Stat. 1565
Public Law References Public Law 85-861
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