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10 U.S.C. § 8298Limitations of time

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Normally, these Navy medals must be awarded within five years of the heroic act, and a recommendation for the medal must have been made through official channels within three years. But if the recommendation was properly made in time and just got lost or never acted on, the Secretary of the Navy can still approve the award within two years after finding that out.

(a) Except as allowed by section 8296 of this title or subsection (b), no medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or substitute bar, emblem, or insignia may be awarded to a person unless: (1) the award is made within five years after the act or service that justifies it; and (2) a statement describing the act or service, and recommending official recognition, was made by the person's superior through official channels within three years of that act or service. (b) If the Secretary of the Navy determines that (1) such a statement was in fact made through official channels within three years, and was backed by enough evidence within that time, and (2) no award was made only because the statement was lost or the recommendation was never acted on through inadvertence — then the medal, cross, or bar, emblem, or insignia may still be awarded, within two years after the date of that determination.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in section 8296 of this title or subsection (b), no medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof may be awarded to a person unless—

(1)

the award is made within five years after the date of the act or service justifying the award; and

(2)

a statement setting forth the act or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that act or service.

(b)

If the Secretary of the Navy determines that—

(1)

a statement setting forth the act or distinguished service and recommending official recognition of it was made by the person’s superior through official channels within three years from the date of that act or service and was supported by sufficient evidence within that time; and

(2)

no award was made, because the statement was lost or through inadvertence the recommendation was not acted on;

a medal of honor, Navy cross, distinguished-service medal, silver star medal, Navy and Marine Corps Medal, or bar, emblem, or insignia in place thereof, as the case may be, may be awarded to the person within two years after the date of that determination.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6248; Pub. L. 86–582, § 1(2), July 5, 1960, 74 Stat. 320; renumbered § 8298 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1960Amended · Pub. L. 86-582 · 74 Stat. 320
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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