
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1128]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 57--DECORATIONS AND AWARDS
 
Sec. 1128. Prisoner-of-war medal: issue

    (a) The Secretary concerned shall issue a prisoner-of-war medal to 
any person who, while serving in any capacity with the armed forces, was 
taken prisoner and held captive--
        (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;
        (3) while serving with friendly forces engaged in an armed 
    conflict against an opposing armed force in which the United States 
    is not a belligerent party; or
        (4) by foreign armed forces that are hostile to the United 
    States, under circumstances which the Secretary concerned finds to 
    have been comparable to those under which persons have generally 
    been held captive by enemy armed forces during periods of armed 
    conflict.

    (b) The prisoner-of-war medal shall be of appropriate design, with 
ribbons and appurtenances.
    (c) 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 concerned shall accord the 
prisoner-of-war medal a position of precedence, in relation to other 
awards and decorations authorized to be displayed--
        (1) immediately following decorations awarded for individual 
    heroism, meritorious achievement, or meritorious service, and
        (2) before any other service medal, campaign medal, or service 
    ribbon authorized to be displayed.

    (d) Not more than one prisoner-of-war medal may be issued to a 
person. However, for each succeeding service that would otherwise 
justify the issuance of such a medal, the Secretary concerned may issue 
a suitable device to be worn as the Secretary determines.
    (e) For a person to be eligible for issuance of a prisoner-of-war 
medal, the person's conduct must have been honorable for the period of 
captivity which serves as the basis for the issuance.
    (f) If a person dies before the issuance of a prisoner-of-war medal 
to which he is entitled, the medal may be issued to the person's 
representative, as designated by the Secretary concerned.
    (g) Under regulations to be prescribed by the Secretary concerned, a 
prisoner-of-war medal that is lost, destroyed, or rendered unfit for use 
without fault or neglect on the part of the person to whom it was issued 
may be replaced without charge.
    (h) The Secretary of Defense shall ensure that regulations 
prescribed by the Secretaries of the military departments under this 
section are uniform so far as practicable.

(Added Pub. L. 99-145, title V, Sec. 532(a)(1), Nov. 8, 1985, 99 Stat. 
633; amended Pub. L. 101-189, div. A, title V, Sec. 516(a), Nov. 29, 
1989, 103 Stat. 1441.)


                               Amendments

    1989--Subsec. (a)(4). Pub. L. 101-189 added par. (4).


                    Effective Date of 1989 Amendment

    Section 516(b) of Pub. L. 101-189 provided that: ``Paragraph (4) of 
section 1128(a) of title 10, United States Code, as added by subsection 
(a), applies with respect to periods of captivity after April 5, 1917.''


                             Effective Date

    Section 532(b) of Pub. L. 99-145 provided that: ``Section 1128 of 
title 10, United States Code, as added by subsection (a), applies with 
respect to any person taken prisoner and held captive after April 5, 
1917.''
