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and other soldier-like qualities, during the present insurrection. Joint Res. 52, July 12, 1862 (12 Stat. 623).

The provisions of this resolution, as originally enacted, might be regarded as temporary merely and as executed as soon as its provisions had been carried out, but subsequent provisions for replacing the medals, etc., of a more permanent nature, were made by act of Apr. 23, 1904, post, 2756, and Joint Res. 17. Feb. 27, 1907, ante, 2748.

2755. Medal of honor established.—That the President cause to be struck, from the dies recently prepa red at the United States Mint for that purpose, “ medals of honor " additional to those authorized by the act (resolution) of July 12, 1862, and present the same to such officers, noncommissioned officers, and privates as have most distinguished, or may hereafter most distinguish themselves in action. Sec. 6, act of Mar. 3, 1863 (12 Stat. 751).

This medal was of gold, without enamel, in the form of a star, with a symbolic group in the center, surrounded by a circle of stars, and suspended from a clasp in the form of an eagle perched on two crossed cannon with eight balls beneath.

For resolution No. 52, July 12, 1862 (12 Stat. 623), mentioned in this section, see 2754, ante.

2756. Design of the medal of honor changed.–For three thousand medals of honor to be prepared, with suitable emblematic devices, upon the design of the medal of honor heretofore issued, or upon an improved design, together with appropriate rosettes or other insignia to be worn in lieu of the medal, and to be presented by direction of the President, and in the name of Congress, to such officers, noncommissioned officers, and privates as have most distinguished, or may hereafter most distinguish, themselves by their gallantry in action, twelve thousand dollars: Provided, That the Secretary of War be, and he is hereby, authorized and directed to use so many of the medals and rosettes or other insignia provided for by this Act as may be necessary to replace the medals that have been issued under the joint resolution of Congress approved July twelfth, eighteen hundred and sixty-two, and section six of the Act of Congress approved March third, eighteen hundred and sixty-three: And provided further, That whenever it shall appear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award of the Congressional medal of honor under the provisions of the sixth section of the Act of Congress approved March third, eighteen hundred and sixty-three, entitled “An Act making appropriations for the sundry civil expenses of the Government for the year ending June thirtịeth, eighteen hundred and sixty-four, and for the year ending the thirtieth of June, eighteen hundred and sixty-three, and for other purposes," the fact that the person who so distinguished himself has since become separated from the military service, or that the award of the medal to him was not specifically recommended or applied for while he was in the said service, shall not be held to prevent the award and presentation of the medal to such person under the provisions of the law hereinbefore cited. Act of Apr. 23, 1904 (33 Stat., 274).

For resolution of July 12, 1862, and sec. 6, act of Mar. 3, 1863, see 2754, 2755, ante.

Notes of Decisions.

Replacing medals previously issued.-In (1905) 25 Op. Atty. Gen. 529, it was held that the word "replace,” as used in this section, implies the loss, destruction, or surrender of the old medal; that it was

optional with the holder of a medal whether he should surrender his old medal for the new; but that it was not within the authority of the Secretary of War, in placing the medals issued to officers and

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privates for gallantry in action, under sections 2754, 2755, ante, to allow a par. ticular grantee, who is entitled to a new

medal, to receive it and at the same time retain the old medal in his possession. But see 2748, ante.

2757. Medal of honor for gallantry beyond the call of duty.--That the provisions of existing law relating to the award of medals of honor to officers, noncommissioned officers, and privates of the Army be, and they hereby are, amended so that the President is authorized to present, in the name of the Congress, a medal of honor only to each person who, while an officer or enlisted man of the Army, shall hereafter, in action involving actual conflict with an enemy, distinguish himself.conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty. Act of July 9, 1918 (40 Stat. 870).

The President was authorized to bestow the medal of honor upon the unidentified British and French soldiers buried, respectively, in Westminster Abbey, London, England, and in the Arc de Trioniphe, Paris, France, by act of Mar. 4, 1921 (41 Stat. 2757).

Notes of Decisions.

for a

See, also, notes to 2756, ante.

Delay in application.---A claim medal of honor should not be entertained where there was an unexplained delay of 28 years in presenting the claim, and it was unaccompanied by any official evidence of the statements made. (1892) 20 Op. Atty. Gen. 421.

Time within which medal may be awarded. The President may present a medal of honor to an officer or private in the military service of the United

States who has distinguished himself in action, notwithstanding he is not in the military service at the time the case roaches the President for consideration, provided the application or recommendation therefor was made while he was in the military service. But a medal can not be awarded where the application or recom. mendation therefor is made after the officer or private has been discharged from the military service. (1903) 24 Op. Atty. Gen, 580.

2758. Medal of honor roll.-That there is hereby established in the War De. partment and Nary Departinent, respectively, a roll designated as "the Army and Navy medal of honor roll." Upon written application made to the Secretary of the proper department, and subject to the conditions and requirements hereinafter contained, the name of each surviving person who has served in the military or naval service of the United States in any war, who has attained or shall attain the age of sixty-five years, and who has been awarded a medal of honor for having in action involving actual conflict with an enemy distinguished himself conspicuously by gallantry or intrepidity, at the risk of his life, above and beyond the call of duty, and who was honorably discharged from service by muster out, resignation, or otherwise, shall be, by the Secretary of the proper department, entered and recorded on said roll. Applications for entry on said roll shall be made in such form and under such regulations as shall be prescribed by the War Department and Navy Department, respectively, and proper blanks and instructions shall be, by the proper Secretary, furnished without charge upon request made by any person claiming the benefits of this Act. Sec. 1, Act of Apr. 27, 1916 (39 Stat. 53).

2759. Certificate of right to a medal of honor pension.—That it shall be the duty of the Secretary of War and of the Secretary of the Navy to carry this Act into effect and to decide whether each applicant, under this Act, in his department is entitled to the benefit of this Act. If the official award of the medal of honor to the applicant, or the official notice to him thereof, shall appear to show that the medal of honor was awarded to the applicant for such an act as is required by the provisions of this Act, it shall be deemed sufficient to entitle the applicant to such special pension without further investigation, Otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence now on file in any public office or department shall be considered. A certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the medal of honor was awarded, and of enrollment under this Act, and of the right of the special pensioner to be entitled to and to receive the special pension herein granted, shall be furnished each person whose name shall be so entered on said roll. The Secretary of War and the Secretary of the Navy shall deliver to the Commissioner of Pensions a certified copy of each of such of said certificates as he may issue, as aforesaid, and the same shall be full and sufficient authority to the Commissioner of Pensions for the payment by him to the beneficiary named in each such certificate the special pension herein provided for. Sec. 2, act of Apr. 27, 1916 (39 Stat. 54).

2760. Board to investigate awards of medals of honor.-A board to consist of five general officers on the retired list of the Army shall be convened by the Secretary of War, within sixty days after the approval of this Act for the purpose of investigating and reporting upon past awards or issues of the so-called congressional medal of honor by or through the War Department; this with a view to ascertain what medals of honor, if any, have been awarded or issued for any cause other than distinguished conduct by an officer or enlisted man in action involving actual conflict with an enemy by such officer or enlisted man or by troops with which he was serving at the time of such action. * * Said board shall have full and free access to and use of all records pertaining to the award or issue of medals of honor by or through the War Department. The actual and necessary expenses of said board and its members shall be paid out of any appropriations available for contingent expenses of the Army of the War Department. Sec. 122, act of June 3, 1916 (39 Stat. 214).

The medals of honor, mentioned in this section, were authorized by 2754, 2755, 2756, 2757, ante. 2761. Recall of medals of honor.

And in any case in which said board shall find and report that said medal was issued for any cause other than that hereinbefore specified the name of the receipient of the medal so issued shall be stricken permanently from the official medal of honor list. It shall a misdemeanor for him to wear or publicly display said medal, and, if he shall still be in the Army, he shall be required to return said medal to the War Department for cancellation. * * * Sec. 122, act of June 3, 1916 (39 Stat. 214).

2762. Rosette and ribbon worn in lieu of the medal of honor.-That the Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the Joint Resolution approved July twelfth, eighteen hundred and sixtytwo, and the Act approved March third, eighteen hundred and sixty-three, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette or knot and ribbon to be each of a pattern to be prescribed and established by the President of the United States, and any appropriation that may hereafter be available for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That whenever a ribbon issued 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 issued, the Secretary of War shall cause a new ribbon to

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be issued to such person without charge therefor. Joint res. 51, May 2, 1896 (29 Stat. 473).

For the reselution and acts mentioned in this section, see 2754, 2750, ante.

2763. Distinguished service cross established.--That the President be, and he is hereby, further authorized to present, but not in the name of Congress, a distinguished-service cross of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distinguished, or who shall hereafter distinguish, himself or herself by extraordinary heroism in connection with military operations against an armed enemy. Act of July 9, 1918 (10 Stat. 870).

2764. Distinguished service medal established.--That the President be, and he is hereby, furtier authorized to present, but not in the name of Congress, a distinguished-service medal of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distinguished, or who hereafter shall distinguish, himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility;

Act of July 9, 1918 (40 Stat. 870-871). 2765. Distinguished service medals issued to replace certificates of merit.

and said distinguished-service medal shall also be issued to all enlisted men of the Army to whom the certificate of merit has been granted up to and including the date of the passage of this Act under the provisions of previously existing law, in lieu of such certificate of merit, and after the passage of this Act the award of the certificate of merit for distinguished service shall cease; and additional pay heretofore authorized by law for holders of the certificate of merit shall not be paid to them beyond the date of the award of the distinguished-service medal in lieu thereof as aforesaid. Act of July 9, 1918 (40 Stat. 871).

This section repeale: R. S. 1216, as amended by sec. 1, act of Feb. 9, 1891 (26 Stat. 737), and act of Mar. 29, 1892 (27 Stat. 12), which was as follows:

“ When any enlisted. man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him a certificate of merit."

2766. Philippine congressional medal.—That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device, to be presented to each of the several officers and enlisted men and families of such as may be dead, who, having volunteered and enlisted under the calls of the President for the war with Spain, served beyond the term of their enlistment to help to suppress the Philippine insurrection, and who subsequently received an honorable discharge from the Army of the United States, or who died prior to such discharge. Sec. 1, act of June 29, 1900 (34 Stat. 621).

That the sum of five thousand dollars is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of carrying this Act into effect. Scc. 2, act of June 29, 1906 (3.1 Stat. 621).

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2767. Medal for service by the National Guard in the Spanish War and on the Mexican border.—That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device and ribbon, to be presented to each of the several officers and enlisted men, and families of such as may be dead, of the National Guard who, under the orders of the President of the United States, served not less than ninety days in the War with Spain, and who have received an honorable discharge from the service, and who served on the Mexican border in the years nineteen hundred and sixteen and nineteen hundred and seventeen and who are not eligible to receive the Mexican service badge heretofore authorized by the President: Provided, That such medals shall not be issued to men who have, subsequent to such service, been dishonorably discharged from the service or deserted :

Act of July 9, 1918 (40 Stat. 873).

Provided, That the Mexican border medal and ribbon issued to National Guard officers and enlisted men under the provisions of the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1919," approved July 9, 1918, shall be issued to National Guard officers and enlisted men who at the same time served as such in the field under the call of the National Guard to such Mexican border service but were stationed for service at points other than on the Mexican border: Provided further, That such medals shall not be issued to men who have subsequent to such service been dishonorably discharged from the service or deserted :

Act of June 5, 1920 (41 Stat. 973), making appropriations for the support of the Army: National Guard. Under the above statute at first one medal was issued, similar in design to the Spanish

1916 War medal now in use, except that upon the sword thereon were inscribed 1898 Congressional National Guard Medal." In January, 1919, that design was superseded by the issue of two badges, the “ medal for service in the Spanish War" and the “medal for service on the Mexican border." See G. 0. 8 and 76, W. D. 1919.

The award of campaign medals under existing orders takes the place of service stripes and has its origin in General Order 4, War Department, 1905, which was based on R. S. 1296, providing that " The President may prescribe the uniform of the Army " Dig. Ops. J. A. G., 1912, p. 668, III B.

From time to time since the publication of the above order, other general orders of the War Department have been issued establishing badges for various wars and campaigns, and Congress has autborized medals for others, so that now the most important wars and expeditions, including the Civil War, in which the armed forces of this country bave been called into action, have been recognized. These medals may be worn as part of the uniform on specified occasions as provided by orders and regulations. Appropriate ribbons, described in Special Regulations 42, may be worn on service uniforms at all times by those entitled to the medals. See Special Regulations 42.

2768. Corps badges.--All persons who have served as officers, non-commissioned officers, privates, or other enlisted men, in the Regular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been honorably discharged from the service, or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, respectively, in which they served. R. S. 1227.

2769. National trophy and medals for rifle contests. For the purpose of furnishing a national trophy and medals and other prizes to be provided and contested for annually, under such regulations as may be prescribed by the Secretary of War, said contest to be open to the Army, Navy, Marine Corps, and the National Guard or Organized Militia of the several

1917

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