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10 U.S.C. § 1114 (ARMED FORCES)
§ 1114. Board of Actuaries
(a)
(1) There is established in the Department of Defense a Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries (hereinafter in this chapter referred to as the “Board”). The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.
(2)
(A) Except as provided in subparagraph (B), the members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which his predecessor was appointed shall only serve until the end of such term. A member may serve after the end of his term until his successor has taken office. A member of the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for no other reason.
(B) Of the members of the Board who are first appointed under this paragraph, one each shall be appointed for terms ending five, ten, and 15 years, respectively, after the date of appointment, as designated by the Secretary of Defense at the time of appointment.
(3) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the performance of duties vested in the Board, and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5.
(b) The Board shall report to the Secretary of Defense annually on the actuarial status of the Fund and shall furnish its advice and opinion on matters referred to it by the Secretary.
(c) The Board shall review valuations of the Fund under section 1115(c) of this title and shall report periodically, not less than once every four years, to the President and Congress on the status of the Fund. The Board shall include in such reports recommendations for such changes as in the Board’s judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis.
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–180; amended Pub. L. 107–107, div. A, title X, § 1048(a)(12), Dec. 28, 2001, 115 Stat. 1223.)
heading: Amendments
text: 2001—Subsec. (a)(1). Pub. L. 107–107 substituted “hereinafter” for “hereafter”.
10 U.S.C. § 1117 (ARMED FORCES)
§ 1117. Investment of assets of Fund
The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment of the Secretary of Defense required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of Defense, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–184.)
10 U.S.C. § 1121 (ARMED FORCES)
§ 1121. Legion of Merit: award
The President, under regulations to be prescribed by him, may award a decoration called the “Legion of Merit”, having suitable appurtenances and devices and not more than four degrees, to any member of the armed forces of the United States or of any friendly foreign nation who, after September 8, 1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services.
(Aug. 10, 1956, ch. 1041, 70A Stat. 88.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1121
10:1408b(1).
July 20, 1942, ch. 508, § 2(1), 56 Stat. 662.
The words “Government of the Philippines” are omitted as covered by the words “any friendly foreign nation”. The words “There is created”, “rules and”, and “the proclamation of an emergency by the President on” are omitted as surplusage.
10 U.S.C. § 1123 (ARMED FORCES)
§ 1123. Right to wear badges of military societies
(a) A member of the Army, Navy, Air Force, or Marine Corps who is a member of a military society originally composed of men who served in an armed force of the United States during the Revolutionary War, the War of 1812, the Mexican War, the Civil War, the Spanish-American War, the Philippine Insurrection, or the Chinese Relief Expedition of 1900 may wear, on occasions of ceremony, the distinctive badges adopted by that society.
(b) A member of the Army, Navy, Air Force, or Marine Corps who is a member of the Army and Navy Union of the United States may wear, on public occasions of ceremony, the distinctive badges adopted by that society.
(Aug. 10, 1956, ch. 1041, 70A Stat. 88.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1123(a)
10:1427 (1st sentence).
34:371 (1st sentence).
Sept. 25, 1890, J. Res. 50, 26 Stat. 681.
1123(b)
10:1427 (less 1st sentence).
May 11, 1894, J. Res. 26, 28 Stat. 583.
34:371 (less 1st sentence).
Feb. 2, 1901, ch. 192, § 41, 31 Stat. 758.
Jan. 12, 1903, J. Res. 2, 32 Stat. 1229.
Mar. 2, 1907, J. Res. 18, 34 Stat. 1423.
In subsection (a), the words “an armed force” are substituted for the words “armies and navies”. The words “Revolutionary War”, “Civil War”, and “Philippine Insurrection” are substituted for the words “War of the Revolution”, “War of the Rebellion”, and “incident insurrection in the Philippines”, respectively, to reflect present terminology. The words “originally composed” are substituted for the words “in their own right”, to reflect an opinion of the Attorney General (see 23 Op. Atty. Gen. 454).
In subsections (a) and (b), the word “member” is substituted for the words “officers and enlisted men”. The words “Navy * * * or Marine Corps” are substituted for the word “Navy”, since the word “Navy” in the source statute has, by long-standing administrative interpretation, been construed to include the Marine Corps.
In subsection (b), the words “in their own right” are omitted as surplusage.
10 U.S.C. § 1125 (ARMED FORCES)
§ 1125. Recognition for accomplishments: award of trophies
The Secretary of Defense may—
(1) award medals, trophies, badges, and similar devices to members, units, or agencies of an armed force under his jurisdiction for excellence in accomplishments or competitions related to that armed force; and
(2) provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable.
(Added Pub. L. 89–529, § 1(1), Aug. 11, 1966, 80 Stat. 339.)
heading: Ex. Ord. No. 11545. Defense Distinguished Service Medal
text: Ex. Ord. 11545, July 9, 1970, 35 F.R. 11161, provided:
By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, it is ordered as follows:
Section 1. There is hereby established a Defense Distinguished Service Medal, with accompanying ribbons and appurtenances, for award by the Secretary of Defense to a military officer who performed exceptionally meritorious service in a duty of great responsibility with the Office of the Secretary of Defense, the Organization of the Joint Chiefs of Staff, a specified or unified command, a Defense agency, or such other joint activity as may be designated by the Secretary of Defense.
Sec. 2. The Defense Distinguished Service Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense and shall be awarded under such regulations as he shall prescribe. These regulations shall place the Defense Distinguished Service Medal in an order of precedence after the Medals of Honor and the Distinguished Service Crosses of the Armed Forces and before the Distinguished Service Medals of the Armed Forces.
Sec. 3. No more than one Defense Distinguished Service Medal shall be awarded to any one person, but for each succeeding exceptionally meritorious period of service justifying such an award, a suitable device may be awarded to be worn with that Medal as prescribed by appropriate regulations of the Department of Defense.
Sec. 4. The Defense Distinguished Service Medal or device may be awarded posthumously and, when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Secretary of Defense.
Richard Nixon.
10 U.S.C. § 1127 (ARMED FORCES)
§ 1127. Precedence of the award of the Purple Heart
In prescribing regulations establishing the order of precedence of awards and decorations authorized to be displayed on the uniforms of members of the armed forces, the Secretary of the military department concerned shall accord the Purple Heart a position of precedence, in relation to other awards and decorations authorized to be displayed, not lower than that immediately following the bronze star.
(Added Pub. L. 98–525, title V, § 553(a), Oct. 19, 1984, 98 Stat. 2532; amended Pub. L. 99–145, title V, § 533, Nov. 8, 1985, 99 Stat. 634.)
heading: Amendments
text: 1985—Pub. L. 99–145 substituted “the bronze star” for “the lowest position accorded any award or decoration for valor”.
10 U.S.C. § 1131 (ARMED FORCES)
§ 1131. Purple Heart: limitation to members of the armed forces
The decoration known as the Purple Heart (authorized to be awarded pursuant to Executive Order 11016) may only be awarded to a person who is a member of the armed forces at the time the person is killed or wounded under circumstances otherwise qualifying that person for award of the Purple Heart.
(Added Pub. L. 105–85, div. A, title V, § 571(a)(1), Nov. 18, 1997, 111 Stat. 1756.)
heading: References in Text
text: Executive Order 11016, referred to in text, is not classified to the Code.
heading: Effective Date
text: Pub. L. 105–85, div. A, title V, § 571(b), Nov. 18, 1997, 111 Stat. 1756, provided that: “Section 1131 of title 10, United States Code, as added by subsection (a), shall apply with respect to persons who are killed or wounded after the end of the 180-day period beginning on the date of the enactment of this Act [Nov. 18, 1997].”
10 U.S.C. § 1132 (ARMED FORCES)
§ 1132. Presentation of decorations: prohibition on entering correctional facilities for presentation to prisoners convicted of serious violent felonies
(a) Prohibition.—
A member of the armed forces may not enter a Federal, State, local, or foreign correctional facility to present a decoration to a person who is incarcerated due to conviction of a serious violent felony.
(b) Definitions.—
In this section:
(1) The term “decoration” means any decoration or award that may be presented or awarded to a member of the armed forces.
(2) The term “serious violent felony” has the meaning given that term in section 3559(c)(2)(F) of title 18.
(Added Pub. L. 105–261, div. A, title V, § 537(a), Oct. 17, 1998, 112 Stat. 2019.)
10 U.S.C. § 1133 (ARMED FORCES)
§ 1133. Bronze Star: limitation on persons eligible to receive
The decoration known as the “Bronze Star” may only be awarded to a member of a military force who—
(1) at the time of the events for which the decoration is to be awarded, was serving in a geographic area in which special pay is authorized under section 310 or paragraph (1) or (3) of section 351(a) of title 37; or
(2) receives special pay under section 310 or paragraph (1) or (3) of section 351(a) of title 37 as a result of those events.
(Added Pub. L. 106–398, § 1 [[div. A], title V, § 541(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–114; amended Pub. L. 111–383, div. A, title V, § 571(a), Jan. 7, 2011, 124 Stat. 4222.)
heading: Amendments
text: 2011—Pub. L. 111–383 amended section generally. Prior to amendment, text read as follows: “The decoration known as the ‘Bronze Star’ may only be awarded to a member of the armed forces who is in receipt of special pay under section 310 of title 37 at the time of the events for which the decoration is to be awarded or who receives such pay as a result of those events.”
heading: Effective Date of 2011 Amendment
text: Pub. L. 111–383, div. A, title V, § 571(c), Jan. 7, 2011, 124 Stat. 4223, provided that: “The amendment made by subsection (a) [amending this section] applies to the award of the Bronze Star after October 30, 2000.”
10 U.S.C. § 1134 (ARMED FORCES)
§ 1134. Medal of honor: award to individual interred in Tomb of the Unknowns as representative of casualties of a war
The medal of honor awarded posthumously to a deceased member of the armed forces who, as an unidentified casualty of a particular war or other armed conflict, is interred in the Tomb of the Unknowns at Arlington National Cemetery, Virginia, is awarded to the member as the representative of the members of the armed forces who died in such war or other armed conflict and whose remains have not been identified, and not to the individual personally.
(Added Pub. L. 108–375, div. A, title V, § 561(a), Oct. 28, 2004, 118 Stat. 1917.)
10 U.S.C. § 1135 (ARMED FORCES)
§ 1135. Replacement of military decorations
(a) Replacement.—
In addition to other authorities available to the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without charge, a military decoration upon the request of the recipient of the military decoration or the immediate next of kin of a deceased recipient.
(b) Military Decoration Defined.—
In this section, the term “decoration” means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned to a member of the armed forces.
(Added Pub. L. 110–417, [div. A], title V, § 571(a), Oct. 14, 2008, 122 Stat. 4471.)
10 U.S.C. § 1148 (ARMED FORCES)
§ 1148. Relocation assistance for personnel overseas
The Secretary of Defense and the Secretary of Homeland Security shall develop a program specifically to assist members of the armed forces stationed overseas who are preparing for discharge or release from active duty, and the dependents of such members, in readjusting to civilian life. The program shall focus on the special needs and requirements of such members and dependents due to their overseas locations and shall include, to the maximum extent possible, computerized job relocation assistance and job search information.
(Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended Pub. L. 103–337, div. A, title V, § 542(a)(7), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Amendments
text: 2002—Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1994—Pub. L. 103–337 inserted “and the Secretary of Transportation” after “Secretary of Defense”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.
heading: Pilot Program
text: Pub. L. 101–510, div. A, title V, § 502(d), Nov. 5, 1990, 104 Stat. 1558, required the Secretary of Defense to carry out the program required by this section during fiscal year 1991 at not less than 10 military installations located outside the United States.
10 U.S.C. § 1149 (ARMED FORCES)
§ 1149. Excess leave and permissive temporary duty
Under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary concerned shall grant a member of the armed forces who is to be involuntarily separated such excess leave (for a period not in excess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member’s carrying out necessary relocation activities (such as job search and residence search activities), unless to do so would interfere with military missions.
(Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 103–337, div. A, title V, § 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(17), Jan. 2, 2013, 126 Stat. 1952.)
heading: Amendments
text: 2013—Pub. L. 112–239 inserted “when it is not operating as a service in the Navy” after “Coast Guard”.
2002—Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1994—Pub. L. 103–337 inserted “or the Secretary of Transportation with respect to the Coast Guard” after “Secretary of Defense” and struck out “of the military department” before “concerned”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.
10 U.S.C. § 1150 (ARMED FORCES)
§ 1150. Affiliation with Guard and Reserve units: waiver of certain limitations
(a) Preference for Certain Persons.—
A person who is separated from the armed forces during the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
(b) Limited Waiver of Strength Limitations.—
Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve-component strength limitations so long as the individual maintains good standing in that unit.
(c) Coast Guard.—
This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not operating as a service in the Navy.
(Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 102–484, div. A, title V, § 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103–160, div. A, title V, § 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(9), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(p), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title V, § 571(o)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(18), Jan. 2, 2013, 126 Stat. 1952.)
heading: Amendments
text: 2013—Subsec. (c). Pub. L. 112–239 inserted “when it is not operating as a service in the Navy” after “for the Coast Guard”.
2002—Subsec. (c). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
2000—Subsec. (a). Pub. L. 106–398 substituted “December 31, 2001” for “September 30, 2001”.
1998—Subsec. (a). Pub. L. 105–261 substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.
1994—Subsec. (c). Pub. L. 103–337 added subsec. (c).
1993—Subsec. (a). Pub. L. 103–160 substituted “nine-year period” for “five-year period”.
1992—Subsec. (a). Pub. L. 102–484 struck out “involuntarily” after “who is”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title.
10 U.S.C. § 1151 (ARMED FORCES)
§ 1151. Retention of assistive technology and services provided before separation
(a) Authority.—
A member of the armed forces who is provided an assistive technology or assistive technology device for a severe or debilitating illness or injury incurred or aggravated by such member while on active duty may, under regulations prescribed by the Secretary of Defense, be authorized to retain such assistive technology or assistive technology device upon the separation of the member from active service.
(b) Definitions.—
In this section, the terms “assistive technology” and “assistive technology device” have the meaning given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
(Added Pub. L. 109–364, div. A, title V, § 561(a), Oct. 17, 2006, 120 Stat. 2219.)
heading: Prior Provisions
text: A prior section 1151, added Pub. L. 102–484, div. D, title XLIV, § 4441(a)(1), Oct. 23, 1992, 106 Stat. 2725; amended Pub. L. 103–35, title II, § 201(f)(1), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title V, § 561(k), title XIII, § 1331(a)–(c)(1), (d)–(g), Nov. 30, 1993, 107 Stat. 1668, 1791–1793; Pub. L. 103–337, div. A, title V, § 543(c), title X, § 1070(a)(7), title XI, § 1131(a), (b), Oct. 5, 1994, 108 Stat. 2769, 2855, 2871; Pub. L. 103–382, title III, § 391(b)(1), (2), Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104–106, div. A, title XV, § 1503(a)(10), Feb. 10, 1996, 110 Stat. 511; Pub. L. 104–201, div. A, title V, § 576(a), Sept. 23, 1996, 110 Stat. 2535; Pub. L. 105–85, div. A, title X, § 1073(a)(19), Nov. 18, 1997, 111 Stat. 1901, related to assistance to separated members to obtain certification and employment as teachers or employment as teachers’ aides, prior to repeal by Pub. L. 106–65, div. A, title XVII, § 1707(a)(1), Oct. 5, 1999, 113 Stat. 823.
10 U.S.C. § 1162, 1163 (ARMED FORCES)
[§§ 1162, 1163. Repealed. Pub. L. 103–337, div. A, title XVI, § 1662(i)(2), Oct. 5, 1994, 108 Stat. 2998]
text: Section 1162, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept. 2, 1958, Pub. L. 85–861, § 1(27), 72 Stat. 1450, related to discharge of Reserves. See sections 12681 and 12682 of this title.
text: Section 1163, acts Aug. 10, 1956, ch. 1041, 70A Stat. 89; Sept. 7, 1962, Pub. L. 87–651, title I, § 106(a), 76 Stat. 508; Dec. 30, 1987, Pub. L. 100–224, § 4, 101 Stat. 1538, related to limitations on separation of Reserve members from their reserve components. See sections 12683 to 12686 of this title.
heading: Effective Date of Repeal
text: Repeal effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.