
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: 10USC1130]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 57--DECORATIONS AND AWARDS
 
Sec. 1130. Consideration of proposals for decorations not 
        previously submitted in timely fashion: procedures for review 
        and recommendation
        
    (a) Upon request of a Member of Congress, the Secretary concerned 
shall review a proposal for the award or presentation of a decoration 
(or the upgrading of a decoration), either for an individual or a unit, 
that is not otherwise authorized to be presented or awarded due to 
limitations established by law or policy for timely submission of a 
recommendation for such award or presentation. Based upon such review, 
the Secretary shall make a determination as to the merits of approving 
the award or presentation of the decoration and the other determinations 
necessary to comply with subsection (b).
    (b) Upon making a determination under subsection (a) as to the 
merits of approving the award or presentation of the decoration, the 
Secretary concerned shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House of 
Representatives and to the requesting member of Congress notice in 
writing of one of the following:
        (1) The award or presentation of the decoration does not warrant 
    approval on the merits.
        (2) The award or presentation of the decoration warrants 
    approval and a waiver by law of time restrictions prescribed by law 
    is recommended.
        (3) The award or presentation of the decoration warrants 
    approval on the merits and has been approved as an exception to 
    policy.
        (4) The award or presentation of the decoration warrants 
    approval on the merits, but a waiver of the time restrictions 
    prescribed by law or policy is not recommended.

A notice under paragraph (1) or (4) shall be accompanied by a statement 
of the reasons for the decision of the Secretary.
    (c) Determinations under this section regarding the award or 
presentation of a decoration shall be made in accordance with the same 
procedures that apply to the approval or disapproval of the award or 
presentation of a decoration when a recommendation for such award or 
presentation is submitted in a timely manner as prescribed by law or 
regulation.
    (d) In this section:
        (1) The term ``Member of Congress'' means--
            (A) a Senator; or
            (B) a Representative in, or a Delegate or Resident 
        Commissioner to, Congress.

        (2) The term ``decoration'' means any decoration or award that 
    may be presented or awarded to a member or unit of the armed forces.

(Added Pub. L. 104-106, div. A, title V, Sec. 526(a), Feb. 10, 1996, 110 
Stat. 313; amended Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 
5, 1999, 113 Stat. 774.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65 substituted ``and the Committee on 
Armed Services'' for ``and the Committee on National Security'' in 
introductory provisions.


 Eligibility for Armed Forces Expeditionary Medal for Participation in 
            Operation Joint Endeavor or Operation Joint Guard

    Pub. L. 105-85, div. A, title V, Sec. 572, Nov. 18, 1997, 111 Stat. 
1756, provided that:
    ``(a) Inclusion of Operations.--For the purpose of determining the 
eligibility of members and former members of the Armed Forces for the 
Armed Forces Expeditionary Medal, the Secretary of Defense shall 
designate participation in Operation Joint Endeavor or Operation Joint 
Guard in the Republic of Bosnia and Herzegovina, and in such other areas 
in the region as the Secretary considers appropriate, as service in an 
area that meets the general requirements for the award of that medal.
    ``(b) Individual Determination.--The Secretary of the military 
department concerned shall determine whether individual members or 
former members of the Armed Forces who participated in Operation Joint 
Endeavor or Operation Joint Guard meet the individual service 
requirements for award of the Armed Forces Expeditionary Medal as 
established in applicable regulations. A member or former member shall 
be considered to have participated in Operation Joint Endeavor or 
Operation Joint Guard if the member--
        ``(1) was deployed in the Republic of Bosnia and Herzegovina, or 
    in such other area in the region as the Secretary of Defense 
    considers appropriate, in direct support of one or both of the 
    operations;
        ``(2) served on board a United States naval vessel operating in 
    the Adriatic Sea in direct support of one or both of the operations; 
    or
        ``(3) operated in airspace above the Republic of Bosnia and 
    Herzegovina, or in such other area in the region as the Secretary of 
    Defense considers appropriate, while the operations were in effect.
    ``(c) Operations Defined.--For purposes of this section:
        ``(1) The term `Operation Joint Endeavor' means operations of 
    the United States Armed Forces conducted in the Republic of Bosnia 
    and Herzegovina during the period beginning on November 20, 1995, 
    and ending on December 20, 1996, to assist in implementing the 
    General Framework Agreement and Associated Annexes, initialed on 
    November 21, 1995, in Dayton, Ohio.
        ``(2) The term `Operation Joint Guard' means operations of the 
    United States Armed Forces conducted in the Republic of Bosnia and 
    Herzegovina as a successor to Operation Joint Endeavor during the 
    period beginning on December 20, 1996, and ending on such date as 
    the Secretary of Defense may designate.''


Eligibility of Certain World War II Military Organizations for Award of 
                            Unit Decorations

    Pub. L. 105-85, div. A, title V, Sec. 576, Nov. 18, 1997, 111 Stat. 
1758, provided that:
    ``(a) Authority.--A unit decoration may be awarded for any unit or 
other organization of the Armed Forces (such as the Military 
Intelligence Service of the Army) that (1) supported the planning or 
execution of combat operations during World War II primarily through 
unit personnel who were attached to other units of the Armed Forces or 
of other allied armed forces, and (2) is not otherwise eligible for 
award of the decoration by reason of not usually having been deployed as 
a unit in support of such operations.
    ``(b) Time for Submission of Recommendation.--Any recommendation for 
award of a unit decoration under subsection (a) shall be submitted to 
the Secretary concerned (as defined in section 101(a)(9) of title 10, 
United States Code), or to such other official as the Secretary 
concerned may designate, not later than two years after the date of the 
enactment of this Act [Nov. 18, 1997].''


 Authority To Award Decorations Recognizing Acts of Valor Performed in 
                   Combat During the Vietnam Conflict

    Section 522 of Pub. L. 104-106 provided that:
    ``(a) Findings.--Congress makes the following findings:
        ``(1) The Ia Drang Valley (Pleiku) campaign, carried out by the 
    Armed Forces in the Ia Drang Valley of Vietnam from October 23, 
    1965, to November 26, 1965, is illustrative of the many battles 
    during the Vietnam conflict which pitted forces of the United States 
    against North Vietnamese Army regulars and Viet Cong in vicious 
    fighting.
        ``(2) Accounts of those battles that have been published since 
    the end of that conflict authoritatively document numerous and 
    repeated acts of extraordinary heroism, sacrifice, and bravery on 
    the part of members of the Armed Forces, many of which have never 
    been officially recognized.
        ``(3) In some of those battles, United States military units 
    suffered substantial losses, with some units sustaining casualties 
    in excess of 50 percent.
        ``(4) The incidence of heavy casualties throughout the Vietnam 
    conflict inhibited the timely collection of comprehensive and 
    detailed information to support recommendations for awards 
    recognizing acts of heroism, sacrifice, and bravery.
        ``(5) Subsequent requests to the Secretaries of the military 
    departments for review of award recommendations for such acts have 
    been denied because of restrictions in law and regulations that 
    require timely filing of such recommendations and documented 
    justification.
        ``(6) Acts of heroism, sacrifice, and bravery performed in 
    combat by members of the Armed Forces deserve appropriate and timely 
    recognition by the people of the United States.
        ``(7) It is appropriate to recognize acts of heroism, sacrifice, 
    or bravery that are belatedly, but properly, documented by persons 
    who witnessed those acts.
    ``(b) Waiver of Time Limitations for Recommendations for Awards.--
(1) Any decoration covered by paragraph (2) may be awarded, without 
regard to any time limit imposed by law or regulation for a 
recommendation for such award to any person for actions by that person 
in the Southeast Asia theater of operations while serving on active duty 
during the Vietnam era. The waiver of time limitations under this 
paragraph applies only in the case of awards for acts of valor for which 
a request for consideration is submitted under subsection (c).
    ``(2) Paragraph (1) applies to any decoration (including any device 
in lieu of a decoration) that, during or after the Vietnam era and 
before the date of the enactment of this Act [Feb. 10, 1996], was 
authorized by law or under regulations of the Department of Defense or 
the military department concerned to be awarded to members of the Armed 
Forces for acts of valor.
    ``(c) Review of Requests for Consideration of Awards.--(1) The 
Secretary of each military department shall review each request for 
consideration of award of a decoration described in subsection (b) that 
are received by the Secretary during the one-year period beginning on 
the date of enactment of this Act [Feb. 10, 1996].
    ``(2) The Secretaries shall begin the review within 30 days after 
the date of the enactment of this Act and shall complete the review of 
each request for consideration not later than one year after the date on 
which the request is received.
    ``(3) The Secretary may use the same process for carrying out the 
review as the Secretary uses for reviewing other recommendations for 
award of decorations to members of the Armed Forces under the 
Secretary's jurisdiction for valorous acts.
    ``(d) Report.--(1) Upon completing the review of each such request 
under subsection (c), the Secretary shall submit a report on the review 
to the Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives [now Committee on 
Armed Services of the House of Representatives].
    ``(2) The report shall include, with respect to each request for 
consideration received, the following information:
        ``(A) A summary of the request for consideration.
        ``(B) The findings resulting from the review.
        ``(C) The final action taken on the request for consideration.
    ``(e) Definition.--For purposes of this section:
        ``(1) The term `Vietnam era' has the meaning given that term in 
    section 101 of title 38, United States Code.
        ``(2) The term `active duty' has the meaning given that term in 
    section 101 of title 10, United States Code.''


    Military Intelligence Personnel Prevented by Secrecy From Being 
                  Considered for Decorations and Awards

    Section 523 of Pub. L. 104-106, as amended by Pub. L. 105-85, div. 
A, title V, Sec. 575, Nov. 18, 1997, 111 Stat. 1758, provided that:
    ``(a) Waiver on Restrictions of Awards.--(1) Any decoration covered 
by paragraph (2) may be awarded, without regard to any time limit 
imposed by law or regulation for a recommendation for such award, to any 
person for an act, achievement, or service that the person performed in 
carrying out military intelligence duties during the period beginning on 
January 1, 1940, and ending on December 31, 1990.
    ``(2) Paragraph (1) applies to any decoration (including any device 
in lieu of a decoration) that, during or after the period described in 
paragraph (1) and before the date of the enactment of this Act [Feb. 10, 
1996], was authorized by law or under the regulations of the Department 
of Defense or the military department concerned to be awarded to a 
person for an act, achievement, or service performed by that person 
while serving on active duty.
    ``(b) Review of Requests for Consideration of Awards.--(1) The 
Secretary of each military department shall review each request for 
consideration of award of a decoration described in subsection (a) that 
is received by the Secretary during the period beginning on February 10, 
1996, and ending on February 9, 1998.
    ``(2) The Secretaries shall begin the review within 30 days after 
the date of the enactment of this Act and shall complete the review of 
each request for consideration not later than one year after the date on 
which the request is received.
    ``(3) The Secretary may use the same process for carrying out the 
review as the Secretary uses for reviewing other recommendations for 
awarding decorations to members of the Armed Forces under the 
Secretary's jurisdiction for acts, achievements, or service.
    ``(c) Report.--(1) Upon completing the review of each such request 
under subsection (b), the Secretary shall submit a report on the review 
to the Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives [now Committee on 
Armed Services of the House of Representatives].
    ``(2) The report shall include, with respect to each request for 
consideration reviewed, the following information:
        ``(A) A summary of the request for consideration.
        ``(B) The findings resulting from the review.
        ``(C) The final action taken on the request for consideration.
        ``(D) Administrative or legislative recommendations to improve 
    award procedures with respect to military intelligence personnel.
    ``(d) Definition.--For purposes of this section, the term `active 
duty' has the meaning given such term in section 101 of title 10, United 
States Code.''


 Eligibility for Armed Forces Expeditionary Medal Based Upon Service in 
                               El Salvador

    Section 525 of Pub. L. 104-106 provided that:
    ``(a) In General.--For the purpose of determining eligibility of 
members and former members of the Armed Forces for the Armed Forces 
Expeditionary Medal, the country of El Salvador during the period 
beginning on January 1, 1981 and ending on February 1, 1992, shall be 
treated as having been designated as an area and a period of time in 
which members of the Armed Forces participated in operations in 
significant numbers and otherwise met the general requirements for the 
award of that medal.
    ``(b) Individual Determination.--The Secretary of the military 
department concerned shall determine whether individual members or 
former members of the Armed Forces who served in El Salvador during the 
period beginning on January 1, 1981 and ending on February 1, 1992 meet 
the individual service requirements for award of the Armed Forces 
Expeditionary Medal as established in applicable regulations. Such 
determinations shall be made as expeditiously as possible after the date 
of the enactment of this Act [Feb. 10, 1996].''
