cate of merit,

1407, 1408.

Ch. I, act of July 9, 1918 (40 Stat. 870); 10 U. S. C.

While the language of the act of July 9, 1918, does not indicate that it is applicable only to acts performed in time of war, it has been so construed (Dig. Op. J. A. G., 1922, p. 16), and Congress itself has in effect similarly construed it by authorizing the award of the Distinguished-Service Medal to the world flyers, by the act of Feb. 25, 1925 (43 Stat. 979).

For additional pay by reason of the above award, see 1434, post.

By 905, ante, the Distinguished-Service Cross is to be issued to holders of certificates of merit in lieu of the Distinguished-Service Medal.

By act of April 17, 1936 (49 Stat. 1214), the President was authorized to present the Distinguished-Service Medal to Commander Percy Todd and Lieutenant Commander Charles A. deW. Kitcat, British Navy, in recognition of their skill and heroism when the United States ship Fulton was destroyed by fire in Chinese waters March 13, 1934.

Posthumous award of the Distinguished-Service Medal to Major General Clarence E. Edwards was authorized by public resolution of June 5, 1936 (49 Stat. 1487), in recognition of his service with the Twenty-sixth National Guard Division during the World War.

By act of June 7, 1938 (52 Stat. 625), the President was authorized to present the Distinguished-Service Medal to Rear Admiral Reginald Vesey Holt, British Navy, and to Captain George Eric Maxia O'Donnell, British Navy, in recognition of their initiative and courageous action in proceeding immediately with unselfish disregard of their own safety to render assistance in recovering the survivors of the United States ship Panay in the face of threatened force and armed opposition.

907. Bar or other device for successive awards.-That no more than one medal of honor or one distinguished-service cross or one distinguished-service medal shall be issued to any one person; 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. Ch. I, act of July 9, 1918 (40 Stat. 871); sec. 1, act of Jan. 24, 1920 (41 Stat. 399); 10 U. S. C. 1411.

*

908. Silver Star.-* * # 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. Ch. I, act of July 9, 1918 (40 Stat. 871); sec. 1, act of Jan. 24, 1920 (41 Stat. 399) ; 10 U. S. C. 1412.

909. Regulations for award. 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. Ch. I, act of July 9, 1918 (40 Stat. 872); 10 U. S. C. 1401.

910. Time limit and conditions of award.-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; 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 neverthless 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; but no medal, 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; 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-service 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 distinguished-service 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. Ch. I, act of July 9, 1918 (40 Stat. 871); 10 U. S. C. 1409.

That all recommendations for decoration by the United States of America now pending before the War Department, Navy Department, or Marine Corps for services rendered during the World War be considered by the proper boards or authorities, and awards made in such cases as the conduct of those recommended shows them to be entitled and deserving of the same. Act of May 26, 1928 (45 Stat. 747).

911. Delegation of power to award.--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; Ch. I, act of July 9, 1918 (40 Stat. 872); 10 U. S. C. 1410.

912. Replacement when lost or damaged.-That in any case where the Presi dent 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. Pub. res. of Apr. 15, 1904 (33 Stat. 588); 5 U. S. C. 116.

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. Ch. I, act of July 9, 1918 (40 Stat. 871); 10 U. S. C. 1416.

913. Soldier's Medal.-Under such rules and regulations as he may prescribe the President is hereby authorized to present, but not in the name of Congress, a medal to be known as the soldier's medal, of appropriate design, with accompanying ribbon, to any person who, while serving in any capacity with the Army of the United States, including the National Guard and the Organized Reserves, shall hereafter distinguish himself, or herself, by heroism not involving actual conflict with an enemy.

No more than one soldier's medal shall be issued to any one person; but for each succeeding deed or act sufficient to justify the award of the soldier's medal the President may award a suitable bar, or other suitable device, to be worn as he shall direct. Sec. 11, act of July 2, 1926 (44 Stat. 789) ; 10 U. S. C. 1428. For additional pay by reason of the above award, see 1434, post.

914. Distinguished-Flying Cross.-Under such rules and regulations as he may prescribe, and notwithstanding the provisions of section 14 of this Act, the President is hereby authorized to present, but not in the name of Congress, a distinguished-flying cross of appropriate design, with accompanying ribbon, to any person who, while serving in any capacity with the Air Corps of the Army of the United States, including the National Guard and the Organized Reserves, or with the United States Navy, or with the United States Coast Guard, since the 6th day of April, 1917, has distinguished, or who, after the approval of this Act, distinguishes himself by heroism or extraordinary achievement while participating in an aerial flight: Provided, That no person shall be eligible for the award of the distinguished-flying cross for any act performed prior to November 11, 1918, except officers or enlisted men who have heretofore been recommended for but have not received the congressional medal of honor, the distinguishedservice cross, or the distinguished-service medal and except those officers or enlisted men who displayed heroism while serving as instructors or students at flying schools. No more than one distinguished-flying cross shall be issued to any one person, but for each succeeding act or achievement sufficient to justify the award of a distinguished-flying cross the President may award a suitable bar or other suitable device to be worn as he shall direct. In case an individual who distinguishes himself shall have died before the making of the award to which he may be entitled, the award may nevertheless be made and the cross or the bar or other device presented to such representative of the deceased as the President may designate, but no cross, bar, or other device hereinbefore authorized shall be awarded or presented to any individual whose entire service subsequent to the time he distinguishes himself has not been honorable. Sec. 12, act of July 2, 1926 (44 Stat. 789); sec. 4, act of July 30, 1937 (50 Stat. 549) ; 10 U. §. C. 1429.

For addtional pay by reason of the above award, see 1434, post.

By act of February 14, 1931 (46 Stat. 1110), 39 U. S. C. 830, there was established an "air-mail flyer's medal of honor," to be presented by the President, but not in the name of Congress, for heroism or extraordinary achievement in the air-mail service.

By act of June 9, 1930 (46 Stat. 530), the provision in Executive Order No. 4576, of January 28, 1927, establishing a limiting period of two years from the date of the act or achievement meriting the award for the initiation of a recommendation for such award, was waived in favor of the personnel of the Alaskan Aerial Survey Expedition of the Navy.

Distinguished-Flying Crosses in recognition of trans-Atlantic flights were authorized to be presented to Amelia Earhart Putnam by resolution of July 2, 1932 (47 Stat. 571), to Russell N. Boardman and John L. Polando by act of July 11, 1932 (47 Stat. 655);

and in recognition of their airplane flight around the world to Wiley Post and Harold Gatty by the latter act.

By act of April 10, 1935 (49 Stat. 152), the President was authorized to present Distinguished-Flying Crosses to Air Marshal Italo Balbo and General Aldo Pellegrini, of the Royal Italian Air Force, in recognition of their formation flight with twenty-four seaplanes to the United States and back to Italy.

Executive Order No. 4601, March 1, 1927, prescribing rules and regulations pertaining to the award of the distinguished-flying cross under the original text of this section, was amended by Executive Order No. 7786, January 8, 1938, to include the Coast Guard, in accordance with the amending act of July 30, 1937, supra, and by Executive Order No. 7962, August 22, 1938, to authorize an award to Lieut. Richard L. Burke, U. S. Coast Guard. 915. National Guard Medal.-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 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: Ch. I, act of July 9, 1918

*

*

(40 Stat. 873); act of May 14, 1934 (48 Stat. 776) ; 10 U. S. C. 1413.

* 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); 10 U. S. C. 1414.

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 was inscribed "1898 {

1917

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. O. 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 authorized medals for others, so that now the most important wars and expeditions, including the Civil War, in which the armed forces of this country have 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.

The act of April 16, 1924 (43 Stat. 100), which by its terms "shall not be deemed to constitute a precedent for the future granting of such rights," authorized the issuance of service medals to two brigades of Texas Cavalry organized under authority of the War Department under date of Dec. 8, 1917, which served in Texas prior to Nov. 11, 1918. An appropriation for this purpose was made by the act of Dec. 5, 1924 (43 Stat. 695).

916. Philippine Congressional Medal. That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable 136307-40-29

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, 1906 (34 Stat. 621); 10 U. S. C. 1413a.

917. Certificate of Merit.-*

and after the passage of this Act the

award of the certificate of merit for distinguished service shall cease;

Ch. I, act of July 9, 1918 (40 Stat. 871); 10 U. S. C. 1420.

This section repealed 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."

See 905, ante.

918. Badges; veterans of Civil War.-All persons who have served as officers. noncommissioned 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; 10 U. S. C. 1426.

919. Badges; members of Army and Navy Union.-That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Pub. res. of May 11, 1894 (28 Stat. 583); 10 U. S. C. 1427; 34 U. S. C. 374.

That the distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Pub. res. of Mar. 2, 1907 (34 Stat. 1423); 10 U. S. C. 1427; 34 U. S. C. 375.

920. Badges; military societies of veterans of Revolutionary War, War of 1812, and Civil War. That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States in the War of the Revolution, the War of Eighteen hundred and twelve, the Mexican War, and the War of the Rebellion, respectively, may be worn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States, who are members of said organizations in their own right. Pub. res. of Sept. 25, 1890 (26 Stat. 681); 10 U. S. C. 1427.

921. Badges; military societies of veterans of Spanish-American War.-That the distinctive badges adopted by military societies of men "who served in the armies and navies of the United States during the Spanish-American War and the incident insurrection in the Philippines" may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. Sec. 41, act of Feb. 2, 1901 (31 Stat. 758) ; 10 U. S. C. 1427; 34 U. S. C. 372.

922. Badges; military societies of veterans of Chinese relief expedition. That the distinctive badges adopted by military societies of men who served in the