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10 U.S.C. § 3723 (ARMED FORCES)
§ 3723. When Secretary may require
The Secretary of the Army may order the hospitalization, medical and surgical treatment, and domiciliary care, for as long as necessary, of any member of the Army on active duty, and may incur obligations with respect thereto, whether or not the member incurred an injury, illness, or disease in line of duty, except in the case of a member treated in a private hospital, or by a civilian physician, while on leave of absence for more than 24 hours.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215; Pub. L. 99–661, div. A, title VI, § 604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100–180, div. A, title XII, § 1231(16), Dec. 4, 1987, 101 Stat. 1161.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3723
10:455e.
32:164d.
July 15, 1939, ch. 282; restated Oct. 14, 1940, ch. 875, § 5, 54 Stat. 1137.
The words “under such regulations as he may prescribe”, in 10:455e and 32:164d, are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The reference to 10:455a–455d and 32:164a–164c, and the words “nor any other law of the United States shall be construed as limiting the power and authority”, are omitted, since the revised section makes explicit the authority of the Secretary to require the prescribed hospitalization and care. The words “or in training, under the provisions of section 62—” are omitted as covered by the words “active duty”. The words “in the active military service” are omitted as surplusage. With the exception of 32:62 (4th proviso of last sentence), the references to 32:62–65, 144–146, 183, and 186, in 10:455e and 32:164d, do not refer to members of the Army National Guard of the United States and are therefore omitted from the revised section. 10:455e (1st proviso) and 32:164d (1st proviso) are omitted since they apply only to the National Guard and are covered by section 320 of title 32.
heading: Codification
text: Pub. L. 100–26, § 7(j)(11), Apr. 21, 1987, 101 Stat. 283, which directed that section 4723 of this title, as amended by section 604(f)(1)(D) of Pub. L. 99–661, be amended by striking out the comma after “disease”, could not be executed because no section 4723 of this title has been enacted. The probable intent of Congress was to amend section 3723 of this title. Pub. L. 100–180, § 1231(16), cited as a credit to section 3723 above, made an identical amendment to section 3723.
heading: Amendments
text: 1987—Pub. L. 100–180 struck out the comma after “disease”.
1986—Pub. L. 99–661, substituted “incurred an injury, illness, or disease” for “was injured, or contracted a disease”.
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title.
10 U.S.C. § 3742 (ARMED FORCES)
§ 3742. Distinguished-service cross: award
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215; Pub. L. 88–77, § 1(2), July 25, 1963, 77 Stat. 93.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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.
heading: Amendments
text: 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.
10 U.S.C. § 3743 (ARMED FORCES)
§ 3743. Distinguished-service medal: award
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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.
10 U.S.C. § 3744 (ARMED FORCES)
§ 3744. Medal of honor; distinguished-service cross; distinguished-service medal: limitations on award
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216; Pub. L. 86–582, § 1(1), July 5, 1960, 74 Stat. 320.)
text: Historical and Revision Notes
Revised section
Source (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.
heading: Amendments
text: 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).
10 U.S.C. § 3745 (ARMED FORCES)
§ 3745. Medal of honor; distinguished-service cross; distinguished-service medal: delegation of power to award
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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”.
10 U.S.C. § 3747 (ARMED FORCES)
§ 3747. Medal of honor; distinguished-service cross; distinguished-service medal; silver star: replacement
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216; Pub. L. 107–107, div. A, title V, § 553(a)(2), Dec. 28, 2001, 115 Stat. 1116.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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.
heading: Amendments
text: 2001—Pub. L. 107–107 substituted “stolen, lost, or destroyed” for “lost or destroyed”.
10 U.S.C. § 3748 (ARMED FORCES)
§ 3748. Medal of honor; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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.
10 U.S.C. § 3749 (ARMED FORCES)
§ 3749. Distinguished flying cross: award; limitations
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3749(a)
3749(b)
3749(c)
10:1429 (less 2d and last sentences).
10:1429 (2d sentence).
10:1429 (last sentence, less 1st 49 words).
July 2, 1926, ch. 721, § 12 (less 1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, § 4, 50 Stat. 549.
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.
10 U.S.C. § 3750 (ARMED FORCES)
§ 3750. Soldier’s Medal: award; limitations
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217; Pub. L. 105–85, div. A, title V, § 574(a), Nov. 18, 1997, 111 Stat. 1758.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3750(a)
10:1428 (less last sentence).
July 2, 1926, ch. 721, § 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”.
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).
10 U.S.C. § 3752 (ARMED FORCES)
§ 3752. Medals: posthumous award and presentation
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217; Pub. L. 85–861, § 33(a)(23), Sept. 2, 1958, 72 Stat. 1565.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
3752(a)
3752(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 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”.
heading: 1958 Act
text: 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.
heading: Amendments
text: 1958—Subsec. (b). Pub. L. 85–861 substituted “it shall be presented” for “it may be presented”.
heading: Effective Date of 1958 Amendment
text: 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.
10 U.S.C. § 3753 (ARMED FORCES)
§ 3753. Civil War battle streamers
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 218.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at 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”.
10 U.S.C. § 3754 (ARMED FORCES)
§ 3754. Medal of honor: duplicate medal
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.
(Added Pub. L. 107–107, div. A, title V, § 553(a)(1)(A), Dec. 28, 2001, 115 Stat. 1115.)
10 U.S.C. § 3755 (ARMED FORCES)
§ 3755. Medal of honor: presentation of Medal of Honor Flag
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.
(Added Pub. L. 107–248, title VIII, § 8143(c)(1)(A), Oct. 23, 2002, 116 Stat. 1570; amended Pub. L. 107–314, div. A, title X, § 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, § 555(a), Oct. 17, 2006, 120 Stat. 2217.)
heading: Codification
text: Another section 3755 was renumbered section 3756 of this title.
heading: Amendments
text: 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”.
heading: Presentation of Flag for Prior Recipients of Medal of Honor
text: Pub. L. 109–364, div. A, title V, § 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.”