
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3746]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                   CHAPTER 357--DECORATIONS AND AWARDS
 
Sec. 3746. 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 Army, is cited for gallantry in action that does not 
warrant a medal of honor or distinguished-service 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. 216; Pub. L. 88-77, Sec. 1(3), July 
25, 1963, 77 Stat. 93.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3746..................................  10:1412.                             Ju
ly 9, 1918, ch. 143 (words after
                                                                              2
d semicolon of 12th par. under
                                                                              `
`Ordnance Department''); restated
                                                                              J
an. 24, 1920, ch. 55, Sec.  1
                                                                              (
last sentence); restated Dec. 15,
                                                                              1
942, ch. 736, 56 Stat. 1052.
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---------------------------------

    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.

                        Executive Order No. 9419

    Ex. Ord. No. 9419, Feb. 4, 1944, 9 F.R. 1495, which authorized award 
of Bronze Star Medal, was superseded by Ex. Ord. No. 11046, Aug. 24, 
1962, 27 F.R. 8575, set out below.

                  Ex. Ord. No. 11046. Bronze Star Medal

    Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended by Ex. 
Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, 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 hereby ordered as follows:
    1. The Bronze Star Medal, with accompanying ribbons and 
appurtenances, which was first established by Executive Order No. 9419 
of February 4, 1944, may be awarded by the Secretary of a military 
department or the Secretary of Transportation with regard to the Coast 
Guard when not operating as a service in the Navy, or by such military 
commanders, or other appropriate officers as the Secretary concerned may 
designate, to any person who, while serving in any capacity in or with 
the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United 
States, after December 6, 1941, distinguishes, or has distinguished, 
himself by heroic or meritorious achievement or service not involving 
participation in aerial flight--
    (a) while engaged in an action against an enemy of the United 
States;
    (b) while engaged in military operations involving conflict with an 
opposing foreign force; or
    (c) 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.
    2. The Bronze Star Medal and appurtenances thereto shall be of 
appropriate design approved by the Secretary of Defense, and shall be 
awarded under such regulations as the Secretary concerned may prescribe. 
Such regulations shall, so far as practicable, be uniform, and those of 
the military departments shall be subject to the approval of the 
Secretary of Defense.
    3. No more than one Bronze Star Medal shall be awarded to any one 
person, but for each succeeding heroic or meritorious achievement or 
service justifying such an award a suitable device may be awarded to be 
worn with the medal as prescribed by appropriate regulations.
    4. The Bronze Star 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 the department 
concerned.
    5. This order shall supersede Executive Order No. 9419 of February 
4, 1944, entitled ``Bronze Star Medal''. However, existing regulations 
prescribed under that order shall, so far as they are not inconsistent 
with this order, remain in effect until modified or revoked by 
regulations prescribed under this order by the Secretary of the 
department concerned.

                  Section Referred to in Other Sections

    This section is referred to in section 3748 of this title.
