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-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 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 medals provided for by said Act approved April twenty-third, nineteen hundred and four, such medals shall be returned to them: Provided, That no recipient

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 successivc 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).

** And for each

2750. Silver stars awarded for citations in orders.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 Secretary 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 (40 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,

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 prepared 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 thirtieth, 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 replacing the medals issued to officers and

privates for gallantry in action, under sections 2754, 2755, ante, to allow a particular 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 Triomphe, Paris, France, by act of Mar. 4, 1921 (41 Stat. 2757).

Notes of Decisions.

See, also, notes to 2756, ante. Delay in application.-A claim for a 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 iu 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 reaches 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 recommendation 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 Department and Navy Department, 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 be 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