10 U.S.C. § 7276

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 7276 - Silver star: award

The President may award a silver star of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Army, is cited for gallantry in action that does not warrant a medal of honor or distinguished-service cross-

(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

10 U.S.C. § 7276

Aug. 10, 1956, ch. 1041, 70A Stat. 216, §3746; Pub. L. 88-77, §1(3), July 25, 1963, 77 Stat. 93; renumbered §7276, Pub. L. 115-232, div. A, title VIII, §808(b)(11), Aug. 13, 2018, 132 Stat. 1838.

HISTORICAL AND REVISION NOTE
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3746 10:1412. July 9, 1918, ch. 143 (words after 2d semicolon of 12th par. under "Ordnance Department"); restated Jan. 24, 1920, ch. 55, §1 (last sentence); restated Dec. 15, 1942, ch. 736, 56 Stat. 1052.
The words "may award" are inserted to conform to other sections of this chapter. The words "if the person earned" are inserted for clarity. The words "commanded by" are omitted as surplusage.

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232 renumbered section 3746 of this title as this section. 1963-Pub. L. 88-77 substituted provisions permitting the issuance of a silver star for gallantry while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, and requiring it to be of appropriate design, for provisions which authorized the issuance of the silver star for gallantry in action and which required that the silver star be three-sixteenths of an inch in diameter, the citation thereof be published in orders issued from the headquarters of a force that is the appropriate command of a general officer, and that it be worn as directed by the President.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.

EXECUTIVE DOCUMENTS

EXECUTIVE ORDER NO. 9419Ex. Ord. No. 9419, Feb. 4, 1944, 9 F.R. 1495, which authorized award of Bronze Star Medal, was superseded by Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended, set out below.

EX. ORD. NO. 11046. BRONZE STAR MEDAL Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 13286, §70, Feb. 28, 2003, 68 F.R. 10630; Ex. Ord. No. 14085, §4, Oct. 3, 2022, 87 F.R. 60542, provided:By virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, it is hereby ordered as follows:1. The Bronze Star Medal, with accompanying ribbons and appurtenances, which was first established by Executive Order No. 9419 of February 4, 1944, may be awarded by the Secretary of a military department or the Secretary of Homeland Security with regard to the Coast Guard when not operating as a service in the Navy, or by such military commanders, or other appropriate officers as the Secretary concerned may designate, to those individuals who, while serving in any capacity in or with the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard of the United States, after December 6, 1941, distinguish, or have distinguished, themselves by heroic or meritorious achievement or service not involving participation in aerial flight-(a) while engaged in an action against an enemy of the United States;(b) while engaged in military operations involving conflict with an opposing foreign force; or (c) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.2. The Bronze Star Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense, and shall be awarded under such regulations as the Secretary concerned may prescribe. Such regulations shall, so far as practicable, be uniform, and those of the military departments shall be subject to the approval of the Secretary of Defense.3. No more than one Bronze Star Medal shall be awarded to any one person, but for each succeeding heroic or meritorious achievement or service justifying such an award a suitable device may be awarded to be worn with the medal as prescribed by appropriate regulations.4. The Bronze Star Medal or device may be awarded posthumously and, when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Secretary of the department concerned.5. This order shall supersede Executive Order No. 9419 of February 4, 1944, entitled "Bronze Star Medal". However, existing regulations prescribed under that order shall, so far as they are not inconsistent with this order, remain in effect until modified or revoked by regulations prescribed under this order by the Secretary of the department concerned.[Section 4(a) of Ex. Ord. No. 14085, which directed substitution of "Homeland Security" for "Transportation" in par. 1 of Ex. Ord. No. 11046, set out above, could not be executed due to the prior identical amendment by Ex. Ord. No. 13286.]

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
general officer
The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
military departments
The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.