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CHAPTER 42.

DECORATIONS OF HONOR.

Foreign decorations :

Tender, 2737.
Not worn, 2738.
Bestowed by cobelligerents, 2739.

Bestowed on civilians, 2740.
Decorations issued by the United States :
Continuous honorable service requisite,

2741, Award

After death, 2742.
To foreign soldiers, 2743.
By commanding general, 2744.
Time limit, 2745.
Extended under changed regulations,

2746. Issued but once to a person, 2747. Medals of honor of earliest design not

surrendered, 2748. Bars for successive deeds, 2749. Silver stars for citations in orders,

2750. Replacement if lost or damaged, 2751. Appropriation chargeable with cost, 2752.

Regulations, 2753.
Medal of honor :

First issue, 2754.
Established, 2755.

Medal of honor--Continued.

Design changed, 2756.
Awarded for gallantry beyond the call of

duty, 2757.
Medal of honor roll, 2758.

Certificates issued, 2759.
Board to investigate awards, 2760.

Recall of medals, 2761.
Rosette and ribbon, 2762.
Distinguished service cross, 2763.
Distinguished service medal, 2764.

Certificate of merit replaced, 2765. Philippines congressional medal, 2766. Medal for service by the National Guard in

the Spanish War and on the Mexican

border, 2767. Corps badges, 2768. National trophy and medals for rifle con

tests, 2769.
Military society badges :

Worn by soldiers, 2770.
Unlawful wearing, 2771.
Veterans of the Spanish-American War,

2772. Veterans of the Chinese-Relief expedition,

2773. Army and Navy Union of the United

States, 2774.

2737. Tender of foreiga decorations.—That hereafter any present, decoration, or other thing which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Sec. 3, act of Jan. 31, 1881 (21 Slat. 604).

Sec. 1 of this act authorized certain officers named to accept certain decorations, medals, and presents, specified therein, from foreign governments. It is omitted as private and temporary merely.

Notes of Decisions.

Consent of Congress.--This section does not authorize the delivery of such presents or decorations to any particular class of officers, or to any officer, unless authority

therefor be first obtained by act of Congress, as required by Const. art. II, sec. 2, par. 2. (1909) 27 Op. Atty. Gen. 219.

2738. Foreign decorations not to be worn.—That no decoration, or other thing the acceptance of which is authorized by this act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. 2, act of Jan. 31, 1881 (21 Stat. 604).

Officers of the United States are prohibited from accepting, without the consent of Congress, any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state, by Const. art. 1, sec. 9, cl. 8.

2739. Foreign decorations bestowed by cobelligerents of the United States.That any and all members of the military forces of the United States serving in the present war be, and they are hereby, permitted and authorized to accept during the present war or within one year thereafter, from the Government of any of the countries engaged in war with any country with which the United States is or shall be concurrently likewise engaged in war, such decorations, when tendered, as are conferred by such Government upon the members of its own military forces; and the consent of Congress required therefor by clause eight of section nine of Article I of the Constitution is hereby expressly granted : Provided, That any officer or enlisted man of the military forces of the United States is hereby authorized to accept and wear any medal or decoration heretofore bestowed by the Government of any of the nations concurrently engaged with the United States in the present war. Act of July 9, 1918 (40 Stat. 872).

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2740. Foreign decorations bestowed on civilians.—That American citizens who have received, since August first, nineteen hundred and fourteen, decorations or medals for distinguished service in the armies or in connection with the field service of those nations engaged in war against the Imperial German Government, shall, on entering the military service of the United States, be permitted to wear such medals or decorations. Act of July 9, 1918 (40 Stat. 872). 2741. Continuous honorable service requisite for the award of a decoration.

but no médal, cross, bar, or other device, hereinbefore authorized, shall be awarded or presented to any individual whose entire service subsequently to the time he distinguished himself shall not have been honorable;

Act of July 9, 1918 (40 Stat. $72). 2742. Award of decorations after death.-* * but in case an individual who shall distinguish himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the medal or cross or the bar or other emblem or device presented, within three years from the date of the act justifying the award thereof, to such representative of the deceased as the President may designate;

Act of July 9, 1918 (40 Stat. 871).

2743. Foreign soldiers decorated.-That the President is authorized, under regulations to be prescribed by him, to confer such medals and decorations as may be authorized in the military service of the United States upon officers and enlisted men of the military forces of the countries concurrently engaged with the United States in the present war. Act of July 9, 1918 (40 Stat. 872).

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2744. Award by a commanding general in the field.—That the President be, and he is hereby, authorized to delegate, under such conditions, regulations, and limitations as he shall prescribe, to the commanding general of a separate army or higher unit in the field, the power conferred upon him by this Act to award the medal of honor, the distinguished-service cross, and the distinguished-service medal;

Act of July 9, 1918 (40 Stat. 872). 2745. Time limit for awards.-That, except as otherwise prescribed herein, no medals of honor, distinguished-service cross, distinguished-service medal, or bar or other suitable device in lieu of either of said medals or of said cross, shall be issued to any person after more than three years from the date of the act justifying the award thereof, nor unless a specific statement or report distinctly setting forth the distinguished service and suggesting or recommending. official recognition thereof shall have been made at the time of the distinguished service or within two years thereafter, nor unless it shall appear from the official records in the War Department that such person has so distinguished himself as to entitle him thereto;

Act of July 9, 1918 (40 Stat. 871). 2746. Time limit for awards extended under changed regulations.--* but in cases of officers and enlisted men now in the Army for whom the award of the medal of honor has been recommended in full compliance with then existing regulations but on account of services which, though insufficient fully to justify the award of the medal of honor, appear to have been such as to justify the award of the distinguished-servire cross or distinguished-service medal hereinbefore provided for, such cases may be considered and acted upon under the provisions of this Act authorizing the award of the distinguishedservice cross and distinguished-service medal, notwithstanding that said services may have been rendered more than three years before said cases shall have been considered as authorized by this Act, but all consideration of and action upon any of said cases shall be based exclusively upon official records now on file in the War Department; and in the cases of officers and enlisted men now in the Army who have been mentioned in orders, now a part of official records, for extraordinary heroism or especially meritorious services, such as to justify the award of the distinguished-service cross or the distinguished-service medal hereinbefore provided for, such cases may be considered and acted on under the provisions of this Act, notwithstanding that said act or services may have been rendered more than three years before said cases shall have been considered as authorized by this Act, but all consideration of and action upon any said cases shall be based exclusively upon official records of the War Department. Act of July 9, 1918 (40 Stat. 872).

2747. Same decoration issued but once to the same person.--That no more than one medal of honor or one distinguished-service cross or one distinguishedservice medal shall be issued to any one person;

Act of July 9, 1918 (40 Stat. 871), as amended by act of Jan. 24, 1920 (41 Stat. 399).

2748. Medals of honor of earliest design not surrendered.-That the holders of medals of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and sixty-three, shall not be required to surrender such medals in case such medals are replaced, in, pursuance of the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four; and that wherever the holders of such medals of honor have surrendered them, in order to receive the pedals provided for by said Act approved April twenty-third, nineteen hundred and four, such medals shall be returned to them; Provided, That no recipient

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of both medals shall wear both medals at the same time. Joint resolution 17, Feb. 27, 1907 (34 Stat. 1422).

For Res. No. 52, sec. 6, act of Mar. 3, 1863, and act of Apr. 23, 1904, mentioned in this resolution, see 2754, 2755, 2756, post.

See also, notes to 2756, post.

2749. Bars awarded for successive deeds of gallantry._* but for each succeeding deed or act sufficient to justify the award of a medal of honor or a distinguished-service cross or a distinguished-service medal, respectively, the President may award a suitable bar or other suitable device, to be worn as he shall direct.

Act of July 9, 1918 (40 Stat. 871), as amended by act of Jan. 24, 1920 (41 Stat. 399). 2750. Silver stars awarded for citations in orders.

And for each citation of an officer or enlisted man for gallantry in action, published in orders issued from the headquarters of a force commanded by, or which is the appropriate command of, a general officer, not warranting the award of a medal of honor or distinguished-service cross, he shall be permitted to wear, as the President shall direct, a silver star three-sixteenths of an inch in diameter. Act of July 9, 1918 (40 Stat. 871), as amended by act of Jan. 24, 1920 (41 Stat. 399).

2751. Replacement of lost or damaged decorations.—That in any case where the President of the United States has heretofore, under any Act or resolution of Congress, caused any medal to be made and presented to any officer or person in the United States on account of distinguished or meritorious services, on a proper showing made by such person to the satisfaction of the President that such medal has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a duplicate of such medal, the cost of which shall be paid out of any money in the Treasury not otherwise appropriated. Joint res. 23, Apr. 15, 1904 (33 Stat. 588).

That whenever a medal, cross, bar, ribbon, rosette, or other device presented under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was awarded, such medal, cross, bar, ribbon, rosette, or device shall be replaced without charge therefor. 'Act of July 9, 1918 (40 Stat. 871).

2752. Appropriation chargeable with the cost of decorations.--That the Secre. tary of War be, and he is hereby, authorized to expend from the appropriations for contingent expenses of his department from time to time so much as may be necessary to defray the cost of the medals of honor, distinguishedservice crosses, distinguished-service medals, bars, rosettes, and other devices hereinbefore provided for. Act of July 9, 1918 (40 Stat. 871). 2753. Regulations.—That the President be,

and he is further authorized to make from time to time any and all rules, regulations, and orders which he shall deem necessary to carry into effect the provisions of this Act and to execute the full purpose and intention thereof. Act of July 9, 1918 (10 Stat. 872).

2754. First issue of medals of honor.-That the President of the United States be, and he is hereby, authorized to cause two thousand medals of honor to be prepared with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to such non-commissioned officers and privates as shall most distinguish themselves by their gallantry in action,

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