gallantry and intrepidity at the risk of his life above and beyond the call of duty 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 (figure 1). The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service will be exacted and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit. Eligibility is limited to members of the Army of the United States in active Federal military service.

[Paragraph (a) amended, 29 F.R. 527, Jan. 22, 1964]

§ 578.5 Distinguished Service Cross.

(a) Criteria. The Distinguished Service Cross, established by act of Congress 9 July 1918 (amended by act of 25 July 1963), is awarded to a person who, while serving in any capacity with the Army, distinguishes himself by extraordinary heroism not justifying the award of a Medal of Honor while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing 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 (figure 1). The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his comrades.

[Paragraph (a) amended, 29 F.R. 527, Jan. 22, 1964]

§ 578.7 Silver Star.

(a) Criteria. The Silver Star, established by act of Congress 9 July 1918 (amended by act of 25 July 1963), is awarded 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 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 (figure 1). The required gallantry, while of lesser degree than that required for the award of the Medal of Honor or Distinguished Service Cross, must nevertheless have been performed with marked distinction. It is also awarded upon letter application to The Adjutant General to those individuals who, while serving in any capacity with the Army, received a citation for gallantry in action in World War I published in orders issued by the headquarters of a general officer.

[Paragraph (a) amended, 29 F.R. 527, Jan. 22, 1964]

§ 578.12a Joint Service Commendation Medal.

Department of Defense Directive 1348.14, 25 June 1963, established the Joint Service Commendation Medal. This decoration is awarded in the name of the Secretary of Defense and shall take precedence with, but before, the Army Commendation Medal when both are worn on the uniform. The decoration is not awarded to any individual for a period of service for which another meritorious decoration has been awarded.

(a) Eligibility. Any member of the Armed Forces of the United States who distinguishes himself by meritorious achievement or service while serving in any assignment specified in paragraph (b) of this section after 1 January 1963 is eligible for this award. The required achievement or service, while of lesser degree than that required for award of the Legion of Merit, must nevertheless have been accomplished with distinction.

(b) Joint activities. Military personnel assigned to the following joint activities are eligible for the award:

(1) Office of the Secretary of Defense. (2) Organization of the Joint Chiefs of Staff.

(3) Defense Supply Agency.

(4) National Security Agency.

(5) Other Department of Defense agencies or joint activities reporting through the Joint Chiefs of Staff.

(6) Headquarters, unified and special commands.

(7) Headquarters of joint task forces, joint commands or control groups, reporting though the Joint Chiefs of Staff, unified, specified or subordinate joint commanders, to include service components assigned to a joint command for exercise purposes (e.g., STRIKE Command).

(8) Other joint activities reporting to commanders of unified or specified commands (e.g., Military Assistance Advisory Groups or Joint Missions). [29 F.R. 527, Jan. 22, 1964]

(a) Criteria-(1) Medal of Freedom. The Medal of Freedom was established by Executive Order 9586, 6 July 1945, as amended by Executive Order 10336, 5 April 1952, to be awarded to any person other than a member of the Armed Forces of the United States who, after 6 December 1941, performed a meritorious act or service which aided the United States in the prosecution of a war against an armed enemy or enemies, or similarly aided any nation engaged with the United States in the prosecution of a war against a common enemy or enemies, or during any period of national emergency declared by the President or the Congress furthered the interests or the security of the United States or of any nation allied or associated with the United States during such period when the award of any other United States military decoration was not deemed appropriate. Under special circumstances, without regard to the existence of a state of war or national emergency, the Medal of Freedom was awarded by or at the direction of the President for performance of a meritorious act or service in the interest of the security of the United States. The Medal of Freedom was reestablished as the Presidential Medal of Freedom on 22 February 1963

and no awards of the Medal of Freedom after that date are authorized.

(2) Establishment of Presidential Medal of Freedom. The Medal of Freedom was reestablished as the Presidential Medal of Freedom by Executive Order 11085, 22 February 1963, to be awarded to any person who has made an especially meritorious contribution to the security or national interest of the United States, to world peace or to cultural or other significant public or private endeavors. The Medal can only be awarded by the President of the United States who makes the final selection of recipients with the assistance of a Distinguished Civilian Service Awards Board. The President may select for award of the Presidential Medal of Freedom any person nominated by the Board, any person otherwise recommended to him for award of the Medal, or any person he selects upon his own initiative. Announcement of awards will be made by the President on or about 4 July of each year.

[Section heading and paragraph (a) amended, 29 F.R. 528, Jan. 22, 1964]

§ 578.21 Original issue or replacement. 578.21

(a) General. All United States Army medals are presented without cost to the awardee. Replacement medals are likewise issued without cost to an awardee in active Federal military service when his written request includes a statement that the original medal was lost, destroyed, or rendered unfit for use without fault or neglect on his part. Replacement of medals for individuals not on active duty or for eligible next of kin, provided the original issue had been made to them, may be made at cost price. No money should be mailed until instructions are received from The Adjutant General or the Commanding Officer, U.S. Army Records Center, 9700 Page Boulevard, St. Louis, Mo., 63132. Requests should be directed as follows:

Individual status

Direct to

Unit commander.

Commanding Officer, U.S. Army Records Center, 9700 Page Blvd., St. Louis, Mo., 63132.

The Adjutant General, Washington, D.C., 20310.

(b) Discharged personnel. All requests for medals in behalf of individuals having no current Army status, or deceased, will be forwarded to the Commanding Officer, United States Army Records Center, 9700 Page Boulevard, St. Louis, Mo., 63132.

(c) Miscellaneous. (1) Supply action for the Medal of Honor will be accomplished only by The Adjutant General.

(2) The Medal for Merit has not been awarded since 1952; therefore, no requirements exist for this item except for replacements.

(3) The Gold Star Lapel Button is authorized for issue to next of kin of deceased personnel.

[29 F.R. 528, Jan. 22, 1964]

SERVICE MEDALS

8 578.48g Armed Forces Expeditionary Medal.

Established by Executive Order 10977, dated 4 December 1961. This medal is authorized for:

U.S. Military Operations.

U.S. Operations in Direct Support of the United Nations.

U.S. Operations of Assistance for Friendly Foreign Nations.

(a) Definitions—(1) Operation. A military action, or the carrying out of a strategic, tactical, service, training, or administrative military mission; the process of carrying on combat including movement, supply, attack, defense, and maneuvers needed to gain the objectives of any battle or campaign.

(2) Area of operations. (i) The foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation.

(ii) Adjacent water areas in which ships are operating, patrolling, or providing direct support of operations.

(iii) The airspace above and adjacent to the area in which operations are being conducted.

(3) Direct support. Services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area; and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

(b) Requirements. Awarded for service after 1 July 1958, meeting the qualifications set forth below:

(1) General. Personnel must be a bona fide member of a unit engaged in the operation, or meet one or more of the following criteria:

(i) Shall serve not less than 30 consecutive days in the area of operations.

(ii) Be engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive days, provided this support involves entering the area of operations.

(iii) Serve for the full period where an operation is of less than 30 days' duration.

(iv) Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area.

(v) Participate as a regularly assigned crewmember of an aircraft flying into, out of, within, or over the area in support of the military operation.

(vi) Be recommended, or attached to a unit recommended, by the chief of a service or the commander of a unified or specified command for award of the medal, although the criteria above have not been fulfilled. Such recommendations may be made to the Joint Chiefs of Staff for duty of such value to the operation as to warrant particular recognition.

(c) Designated areas and dates—(1) U.S. military operation dates. (i) Berlin-from 14 August 1961 to 1 June 1963.

(ii) Lebanon-from 1 July 1958 to 1 November 1958.

(iii) Quemoy and Matsu Islandsfrom 23 August 1958 to 1 June 1963. Taiwan Straits-from 23 August 1958 to 1 January 1959.

(iv) Cuba-from 24 October 1962 to 1 June 1963.

(2) U.S. operations in direct support of the United Nations. Congo-from 14 July 1960 to 1 September 1962.

(3) U.S. operations of assistance for a friendly foreign nation. (i) Laos-from 19 April 1961 to 7 October 1962.

(ii) Vietnam-from 1 July 1958 to a date to be announced.

Future area of operations will be announced as required.

[29 F.R. 528, Jan. 22, 1964]

(c) Application for correction.

(2) Time limit for filing application. A claimant, his heir, or legal representative must file the application for correction of a record with the Secretary of the Army within 3 years after discovery of the alleged error or injustice. Failure to file within the time prescribed may be excused by the Board if it finds it would be in the interest of justice to do so. If the claimant, his heir, or legal representative files an application more than 3 years after he discovers the error or injustice, he must include in his application his reasons why the Board should find it is in the interest of justice to excuse the failure to file application within the time prescribed in this subparagraph.

*

(5) Review of application. Each application and the available military or naval records pertinent to the corrective action requested will be reviewed to determine whether to authorize a hearing or to deny the application without a hearing. The Board will make this determination in all cases except those in which the application has been denied administratively for the reason that the applicant has not exhausted all other effective administrative remedies available to him or for the reason that the applicant did not file application within 3 years after he discovered the alleged error or injustice and did not submit any reason why the Board should find it to be in the interest of justice to excuse his failure to file the application within the prescribed 3 years. In connection with any application which it considers, the Board may recommend to the Secretary that the records be corrected, as requested by the applicant, without a hearing. The Board may deny an application if it determines that insufficient evidence has been presented to indicate probable material error or injustice, that the applicant has not exhausted other effective administrative or legal remedies available to him, that effective relief cannot be granted, or that the applicant did not

file his application within 3 years after he discovered the alleged error or injustice and that insufficient evidence has been presented to warrant a finding that it would be in the interest of justice to excuse the failure to file within the prescribed 3 years. The Board will not deny an application on the sole ground that the record or records involved were made by or by direction of the President or the Secretary in connection with proceedings other than proceedings of a board for correction of military or naval records. If the application is denied, the applicant will be advised of the denial and that he is privileged to submit new and material evidence for consideration. [Subparagraphs (2) and (5) amended, 27 F.R. 1715, Feb. 22, 1962]

(3) Counsel. As used in this section, the term "counsel" will be construed to include members in good standing of the Federal bar or the bar of any State, accredited representatives of Veterans' organizations recognized by the Administrator of Veterans' Affairs under section 3402 of Title 38, United States Code, and such other persons who, in the opinion of the Board, are considered to be competent to present equitably and comprehensively the request of the applicant for correction, unless barred by law.