10 U.S.C.
United States Code, 2010 Edition
Title 10 - ARMED FORCES
Subtitle D - Air Force
PART II - PERSONNEL
CHAPTER 857 - DECORATIONS AND AWARDS
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 857—DECORATIONS AND AWARDS

Sec.
8741.
Medal of honor: award.
8742.
Air Force cross: award.
8743.
Distinguished-service medal: award.
8744.
Medal of honor; Air Force cross; distinguished-service medal: limitations on award.
8745.
Medal of honor; Air Force cross; distinguished-service medal: delegation of power to award.
8746.
Silver star: award.
8747.
Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: replacement.
8748.
Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations.
8749.
Distinguished flying cross: award; limitations.
8750.
Airman's Medal: award; limitations.
8751.
Service medals: issue; replacement; availability of appropriations.
8752.
Medals: posthumous award and presentation.
8754.
Medal of honor: duplicate medal.
8755.
Medal of honor: presentation of Medal of Honor Flag.
8756.
Korea Defense Service Medal.

        

Amendments

2004—Pub. L. 108–375, div. A, title X, §1084(d)(33), Oct. 28, 2004, 118 Stat. 2063, renumbered item 8755 “Korea Defense Service Medal” as 8756.

2002—Pub. L. 107–314, div. A, title V, §543(d)(2), Dec. 2, 2002, 116 Stat. 2550, added item 8755 “Korea Defense Service Medal”.

Pub. L. 107–248, title VIII, §8143(c)(3)(B), Oct. 23, 2002, 116 Stat. 1571, added item 8755 “Medal of honor: presentation of Medal of Honor Flag”.

2001—Pub. L. 107–107, div. A, title V, §553(c)(1)(B), Dec. 28, 2001, 115 Stat. 1116, added item 8754.

1960—Pub. L. 86–593, §1(7), July 6, 1960, 74 Stat. 332, substituted “Air Force cross” for “distinguished-service cross” in items 8742, 8744, and 8745, inserted “Air Force cross;” in items 8747 and 8748, and substituted “Airman's Medal” for “Soldier's Medal” in item 8750.

Extension of Time for Award of Decoration

For extension of time for award of decorations, or devices in lieu of decorations, for acts or services performed in direct support of military operations in Southeast Asia between July 1, 1958, and Mar. 28, 1973, see Pub. L. 93–469, Oct. 24, 1974, 88 Stat. 1422, set out as a note preceding section 3741 of this title.

For extension of time for award of decoration, or device in lieu of decoration, for an act or service performed while on active duty in military or naval forces, or while serving with such forces, between June 27, 1950, and July 27, 1953, see act Aug. 2, 1956, ch. 877, 70 Stat. 933, set out as a note preceding section 3741 of this title.

Meritorious Service Medal

Establishment of, see Ex. Ord. No. 11448, set out as a note preceding section 1121 of this title.

§8741. Medal of honor: award

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 Air Force, distinguishes 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. 540; Pub. L. 88–77, §3(1), July 25, 1963, 77 Stat. 94.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8741 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.

Amendments

1963—Pub. L. 88–77 enlarged the authority to award the 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.

§8742. Air Force cross: award

The President may award an Air Force cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Air Force, 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. 540; Pub. L. 86–593, §1(1), July 6, 1960, 74 Stat. 331; Pub. L. 88–77, §3(2), July 25, 1963, 77 Stat. 94.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8742 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.

Amendments

1963—Pub. L. 88–77 enlarged the authority to award the Air Force 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 the award of a medal of honor, 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.

1960—Pub. L. 86–593 substituted “Air Force cross” for “Distinguished-service cross” in section catchline, and substituted “an Air Force cross” for “a distinguished-service cross” in text.

References to Distinguished-Service Cross and Soldier's Medal Considered Made to Air Force Cross and Airman's Medal

Section 3 of Pub. L. 86–593 provided that: “References that other laws, regulations, and orders make, with respect to the Air Force, to the distinguished-service cross and the Soldier's Medal shall be considered to be made to the Air Force cross and the Airman's Medal, respectively.”

§8743. 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 Air Force, distinguishes himself by exceptionally meritorious service to the United States in a duty of great responsibility.

(Aug. 10, 1956, ch. 1041, 70A Stat. 540.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8743 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.

§8744. Medal of honor; Air Force cross; distinguished-service medal: limitations on award

(a) No more than one medal of honor, Air Force 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, Air Force 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 Air Force that the person is entitled to the award.


(c) No medal of honor, Air Force 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 Air Force 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, Air Force 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. 540; Pub. L. 86–582, §1(3), July 5, 1960, 74 Stat. 320; Pub. L. 86–593, §1(2), July 6, 1960, 74 Stat. 331.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8744(a)

8744(b)

 

8744(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.

Amendments

1960—Pub. L. 86–593 substituted “Air Force cross” for “distinguished-service cross” in section catchline and wherever appearing in subsecs. (a) to (d).

Subsec. (b). Pub. L. 86–582, §1(3)(A), substituted “Except as provided in subsection (d), no” for “No”.

Subsec. (d). Pub. L. 86–582, §1(3)(B), added subsec. (d).

Persons Awarded Distinguished-Service Cross or Soldier's Medal Before July 6, 1960

Section 2 of Pub. L. 86–593 provided that: “For the purposes of sections 8744(a) and 8750(b) of title 10, United States Code, a person who was awarded a distinguished-service cross or Soldier's Medal before the date of enactment of this Act [July 6, 1960] shall be treated as if he had not been awarded an Air Force cross or Airman's Medal, as the case may be.”

§8745. Medal of honor; Air Force cross; distinguished-service medal: delegation of power to award

The President may delegate his authority to award the medal of honor, Air Force cross, and distinguished-service medal, to a commanding general of a separate air force or higher unit in the field.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541; Pub. L. 86–593, §1(3), July 6, 1960, 74 Stat. 332.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8745 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”.

Amendments

1960—Pub. L. 86–593 substituted “Air Force cross” for “distinguished-service cross” in section catchline and in text.

§8746. Silver star: award

The President may award a silver star of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Air Force, is cited for gallantry in action that does not warrant a medal of honor or Air Force cross—

(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. 541; Pub. L. 88–77, §3(3), July 25, 1963, 77 Stat. 95.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8746 10:1412. July 9, 1918, ch. 143 (words after 2d semicolon of 12th par. under “Ordnance Department”); restated Jan. 24, 1920, ch. 55, §1 (last sentence); restated Dec. 15, 1942, ch. 736, 56 Stat. 1052.

The words “may award” are inserted to conform to other sections of this chapter. The words “if the person earned” are inserted for clarity. The words “commanded by” are omitted as surplusage.

Amendments

1963—Pub. L. 88–77 substituted provisions permitting the issuance of a silver star for gallantry 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, and requiring it to be of appropriate design, for provisions which authorized the issuance of the silver star for gallantry in action and which required that the silver star be three-sixteenths of an inch in diameter, the citation thereof be published in orders issued from the headquarters of a force that is the appropriate command of a general officer, and that it be worn as directed by the President.

§8747. Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: replacement

Any medal of honor, Air Force cross, 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. 541; Pub. L. 86–593, §1(4), July 6, 1960, 74 Stat. 332; Pub. L. 107–107, div. A, title V, §553(c)(2), Dec. 28, 2001, 115 Stat. 1116.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8747 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.

Amendments

2001—Pub. L. 107–107 substituted “stolen, lost,” for “lost”.

1960—Pub. L. 86–593 inserted “Air Force cross” in section catchline and in text.

§8748. Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: availability of appropriations

The Secretary of the Air Force may spend, from any appropriation for contingent expenses of the Department of the Air Force, amounts necessary to provide medals and devices under sections 8741, 8742, 8743, 8744, 8746, 8747, and 8752 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 541; Pub. L. 86–593, §1(5), July 6, 1960, 74 Stat. 332.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8748 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 “provides” 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.

Amendments

1960—Pub. L. 86–593 inserted “Air Force cross” in section catchline.

§8749. 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 Air Force, 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. 541.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8749(a)

 

8749(b)

8749(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, ch. 545, §4, 50 Stat. 549.

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.

§8750. Airman's Medal: award; limitations

(a)(1) The President may award a decoration called the “Airman's Medal”, of appropriate design with accompanying ribbon, to any person who, while serving in any capacity with the Air Force, 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 Airman'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. 542; Pub. L. 86–593, §1(6), July 6, 1960, 74 Stat. 332; Pub. L. 105–85, div. A, title V, §574(c), Nov. 18, 1997, 111 Stat. 1758.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8750(a) 10:1428 (less last sentence). July 2, 1926, ch. 721, §11, 44 Stat. 789.
8750(b) 10:1428 (last sentence).

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”.

Amendments

1997—Subsec. (a). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).

1960—Pub. L. 86–593 substituted “Airman's Medal” for “Soldier's Medal” in section catchline and wherever appearing in text.

§8751. Service medals: issue; replacement; availability of appropriations

(a) The Secretary of the Air Force shall procure, and issue without charge to any person entitled thereto, any service medal authorized for members of the Air Force after September 26, 1947, and any ribbon, clasp, star, or similar device prescribed as a part of that medal.

(b) Under such regulations as the Secretary may prescribe, any medal or other device issued under subsection (a) that is lost, destroyed, or becomes unfit for use without fault or neglect of the owner, may be replaced at cost. However, if the owner is a member of the Air Force, the medal or device may be replaced without charge.

(c) The Secretary may spend, from any appropriation for the support of the Air Force, amounts necessary to provide medals and devices under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 542.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
8751(a)

 

 

 

8751(b)

 

 

8751(c)

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

10:1415b (less applicability to 10:1415a (clauses (a) through (n))).

10:1415c (less applicability to 10:1415a (clauses (a) through (n))).

May 12, 1928, ch. 528, §§1 (less 25th through 34th words, and less clauses (a) through (n)), 2 (less applicability to §1 (clauses (a) through (n))), 3 (less applicability to §1 (clauses (a) through (n))), 45 Stat. 500.

In subsection (a), the words “authorized for members of the Air Force after September 26, 1947” are substituted for the words “hereafter authorized”, since, under Transfer Order 1, that date was the effective date of the transfer of personnel from the Army to the Air Force under section 208(e) of the National Security Act of 1947, as amended (5 U.S.C. 626c(e)). 10:1415a (proviso) is omitted as surplusage, since the revised section is not limited to persons who are members of the Air Force at the time of the issue.

In subsection (b), the words “member of the Air Force” are substituted for the words “persons in the military service of the United States”.

In subsection (c), the last 16 words are substituted for 10:1415c (last 16 words).

§8752. 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 8751 of this title, it shall be presented to his family.

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

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.

§8754. 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 Air Force may determine, as a duplicate or for display purposes only.

(Added Pub. L. 107–107, div. A, title V, §553(c)(1)(A), Dec. 28, 2001, 115 Stat. 1116.)

§8755. 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 8741 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 8741 or 8752(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)(3)(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.)

Codification

Another section 8755 was renumbered section 8756 of this title.

Amendments

2006—Pub. L. 109–364 struck out “after October 23, 2002” after “section 8741 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”.

Presentation of Flag for Prior Recipients of Medal of Honor

President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006, and for posthumous presentation to survivors of deceased recipients upon written application therefor, see section 555(b) of Pub. L. 109–364, set out as a note under section 3755 of this title.

§8756. Korea Defense Service Medal

(a) The Secretary of the Air Force shall issue a campaign medal, to be known as the Korea Defense Service Medal, to each person who while a member of the Air Force served in the Republic of Korea or the waters adjacent thereto during the KDSM eligibility period and met the service requirements for the award of that medal prescribed under subsection (c).

(b) In this section, the term “KDSM eligibility period” means the period beginning on July 28, 1954, and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal.

(c) The Secretary of the Air Force shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.

(Added Pub. L. 107–314, div. A, title V, §543(d)(1), Dec. 2, 2002, 116 Stat. 2550, §8755; renumbered §8756, Pub. L. 108–375, div. A, title X, §1084(d)(33), Oct. 28, 2004, 118 Stat. 2063.)

References in Text

The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 107–314, which was approved Dec. 2, 2002.

Amendments

2004—Pub. L. 108–375 renumbered section 8755 of this title as this section.