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The original documents are located in Box 11, folder "1974/10/24 HR15148 Southeast Asia
Military Decorations" of the White House Records Office: Legislation Case Files at the
Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 11 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED74
EXECUTIVE OFFICE OF THE PRESIDENT
OCT 27 OCT 24
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 17 1974
Posted
10/25
MEMORANDUM FOR THE PRESIDENT
Tarchines
Subject: Enrolled Bill - H.R. 15148 - Southeast Asia
Military Decorations
Sponsors - Rep. Hebert (D) Louisiana and
Rep. Bray (R) Indiana
Last Day for Action
Purpose
Extends the time limits for making recommendations and
awards of certain military decorations pertaining to
hostilities in Southeast Asia.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval
Discussion
Under current law, recommendations for major military
decorations must, depending on the particular decoration,
be initiated within two or three years after the meritorious
action, and the award must be made within three or five
years. These time limits may now operate to deny appropriate
recognition to some participants in the Vietnam conflict,
as the information necessary to substantiate their awards
has not been available until recently due to enemy action,
taking of prisoners of war, destruction of records, etc.
FORD is LIBRARY DERALD
2
Under the enrolled bill, the period for submitting a recom-
mendation would be extended for one year following enact-
ment, and the period for making an award would be extended
for two years following enactment. Such extension would
apply only for awards proposed for actions that occurred
between July 1, 1958, and March 28, 1973, these dates being
based on the periods for which the Armed Forces Expeditionary
Medal and its successor, the Vietnam Service Medal, are
awarded.
H.R. 15148, as proposed by the Department of Defense, was
amended by the House Armed Services Committee to limit its
scope to actions in direct support of hostilities in Southeast
Asia, but the Department has no objection to the amendment.
Similar legislation was enacted after World War II and
the Korean conflict.
Nelfred H Rommel
Assistant Director for
Legislative Reference
Enclosures
Rec'd. from om B , 10/17/74
11: w a.m. -
-
-
Bire shut not reid. yet.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
Warren
OCT 17 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill - H.R. 15148 - Southeast Asia
Military Decorations
Sponsors - Rep. Hebert (D) Louisiana and
Rep. Bray (R) Indiana
Last Day for Action
Purpose
Extends the time limits for making recommendations and
awards of certain military decorations pertaining to
hostilities in Southeast Asia.
Agency Recommendations
Office of Management and Budget
Approval
Department of Defense
Approval
Discussion
Under current law, recommendations for major military
decorations must, depending on the particular decoration,
be initiated within two or three years after the meritorious
action, and the award must be made within three or five
years. These time limits may now operate to deny appropriate
recognition to some participants in the Vietnam conflict,
as the information necessary to substantiate their awards
has not been available until recently due to enemy action,
taking of prisoners of war, destruction of records, etc.
B
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day - October 29
October 23, 1974
MEMORANDUM FOR:
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Enrolled Bill H.R. 15148
Southeast Asia Military
Decorations
Attached for your consideration is House bill, H.R. 15148, sponsored
by Representatives Hebert and Bray, which extends the time
limits for making recommendations and awards of certain military
decorations pertaining to hostilities in Southeast Asia.
Roy Ash recommends approval and provides you with additional
background information in his enrolled bill report (Tab A).
The NSC (Janka), the Counsel's office (Chapman) and Bill Timmons
all recommend approval.
RECOMMENDATION
That you sign House bill H.R. 15148 (Tab B).
A
DEPARTMENT OF THE AIR FORCE
WASHINGTON 20330
OF DEFENSE
OFFICE OF THE SECRETARY
LINE
STATES O
AMERICA
OF
16 OCT 1974
Dear Mr. Director:
Reference is made to your request for the views of
the Department of Defense with respect to the enrolled
enactment of H.R. 15148, 93rd Congress, an Act "To
extend the time limit for the award of certain military
decorations. The Secretary of Defense has delegated
to the Department of the Air Force the responsibility
for expressing the views of the Department of Defense.
The purpose of the enrolled enactment is to extend
the time limit for recommending and awarding certain
decorations for acts, achievements, or service performed
during the period of hostilities in Southeast Asia.
Time limitations have been imposed by Congress on
the medal of honor; the Army's distinguished service
cross and distinguished service medal; the Navy's
distinguished service medal, Navy cross, silver star
medal and Navy and Marine Corps medal; the Air Force's
distinguished service medal and Air Force cross, and
the Coast Guard's distinguished service medal,
distinguished flying cross, and Coast Guard medal
(10 USC 3744, 6248, 8744; 14 USC 496). For these Army
and Air Force decorations, a recommendation must be
initiated within two years after the distinguished
service and the award made within three years after
the date of the act justifying the award. For the
Navy, Marine Corps and Coast Guard, the recommendation
must be initiated within three years from the date
of the act or service and the award made within five
years. In the case of all services, provision is
made for an exception to the time limitation for
award, but only if the recommendation has been lost
or, through inadvertence, not acted upon.
The time limitations specified in sections 3744,
6248, and 8744 of title 10 and section 496 of title 14
do not apply to such awards as the Army and Air Force
silver star, legion of merit, soldier's medal, Air Force
distinguished flying cross, airman's medal, bronze star
medal, air medal, service commendation medals, and
purple heart. However, in the interest of consistency
and administration, the military departments have
established time limitations for these cited decorations
which are based on limitations in the above cited
sections of title 10 and title 14. This procedure has
been consistently followed.
As a result of these time limitations, many
individuals who participated in the Vietnam conflict
may have been denied appropriate recognition of their
heroism, self-sacrifice or exceptional accomplishments.
In some instances prolonged delays have been encountered
in receiving necessary substantiating information from
individuals who were prisoners of war or from those who
were evacuated from the combat zone due to wounds,
injuries or illness. In other instances, records were
destroyed either by enemy action or to prevent their
falling into the hands of the enemy. Approval of the
enrolled enactment will prevent these cases from lapsing
by providing for a period of two years from the date of
enactment for awarding decorations for acts, achievements,
or service performed between July 1, 1958 and March 28,
1973, if written recommendation for the award is made
not later than one year after the date of enactment.
Similar legislation was enacted in 1950 concerning
awards for World War II (64 Stat 103) and in 1956
concerning awards for the Korean Conflict (70 Stat 933).
Department of Defense Legislative Proposal 93-75,
which was cleared by your office on January 29, 1974,
provided for a two year period from the date of enactment
for recognizing acts, achievements or service performed
during the period of hostilities in Southeast Asia, even
though such acts, achievements or service were not
performed in direct support of military operations in
Southeast Asia. The bill was amended by the House of
Representatives to restrict the recognition to acts,
achievements or service performed in direct support of
military operations in Southeast Asia. While the original
legislative proposal was intended to provide enough
latitude to recognize personnel who were not in direct
support of military operations but who might have been
overlooked due to the turmoil of the Southeast Asia
conflict, the primary purpose of the legislation is to
permit recognition of prisoners of war and others directly
involved in the conflict. It is expected that there
would be a very few, if any, military members who were
overlooked, and those few could easily be accommodated
2
through individual relief bills. Accordingly, the
Department of the Air Force, on behalf of the Department
of Defense, recommends the approval and signature by the
President of the enrolled enactment of H.R. 15148.
The enactment of this proposal will result in no
increase in budgetary requirements of the Department of
Defense.
This report has been coordinated within the
Department of Defense in accordance with procedures
established by the Secretary of Defense.
Sincerely,
David P. Vay 61
DAVID P. TAYLOR
Assistant Secretary of the Air Force
Manpower and Reserve Alfairs
Honorable Roy L. Ash
Director
Office of Management and Budget
3
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 672
Date:
October 17 1974
Time:
2:30 p.m.
FOR ACTION: NSC/S
CC (for information) : Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date:
Monday, October 21, 1974 Time: 2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 15148 - Southeast Asia
Military Decorations
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
No objection
U.C.
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate C.
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
10/17/74
WARREN HENDRIKS
TO:
pDL
Robert D. Linder
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 672
Date:
October 17, 1974
Time:
2:30 p.m.
FOR ACTION: VISC/S - Janha
cc (for information): Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date:
Monday, October 21, 1974 Time: 2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 15148 - Southeast Asia
Military Decorations
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
October 18, 1974
MEMORANDUM FOR: MR. WARREN HENDRIKS
FROM:
WILLIAM E. TIMMONS
PAM pBT
SUBJECT:
Action Memorandum - Log No. 672
Enrolled Bill H.R. 15148 - Southeast
Asia Military Decorations
The Office of Legislative Affairs concurs in the attached
proposal and has no additional recommendations.
Attachment
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 672
Date:
October 17, 1974
Time:
2:30 p.m.
FOR ACTION:
NSC/S
CC (for information) : Warren K. Hendriks
Phil Buchen
Jerry Jones
Bill Timmons
Paul Theis
FROM THE STAFF SECRETARY
DUE: Date:
Monday, October 21, 1974
Time: 2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 15148 - Southeast Asia
Military Decorations
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a.
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1367
EXTENDING THE TIME LIMIT FOR THE AWARD OF
CERTAIN MILITARY DECORATIONS
SEPTEMBER 19, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FISHER, from the Committee on Armed Services,
submitted the following
REPORT
[To accompany H.R. 15148]
The Committee on Armed Services to whom was referred the bill
(H.R. 15148) to extend the time limit for the award of certain mili-
tary decorations, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
On line 11 of the bill, after the word "performed," insert the phrase
"in direct support of military operations in Southeast Asia".
EXPLANATION OF THE AMENDMENT
The Committee amendment adds language to the bill which limits
the bill's scope to actions in direct support of the hostilities in South-
east Asia. The purpose of the bill is to allow appropriate recognition
to deserving individuals for distinguished service in the conflict in
Southeast Asia, but for which substantiating information has only
recently become available. The amendment expressly limits the au-
thority of this legislation to service performed in, or in support of, the
hostilities in Southeast Asia, as is its intended purpose.
The amendment is meant to specify more accurately the intended
coverage of the bill without affecting its purpose SO that recommenda-
tions, other than those countenanced by this bill, are not submitted
under its authority. It should be noted that the phrase "Southeast
Asia" in this amendment is meant to include military operations in
areas included within Laos, Cambodia, Thailand, North and South
Vietnam, and that portion of Korea with which the U.S.S. Pueblo was
involved, in 1968 and thereafter, in the conduct of its military mission.
Although the purpose of this amendment is to more specifically
define the scope of the legislation, its language is not meant to be in-
38-006
2
3
terpreted in a restrictive manner SO that only acts which occurred in
DEPARTMENT OF THE AIR FORCE,
Southeast Asia are countenanced in this bill, for many acts in direct
OFFICE OF THE SECRETARY,
support of the Southeast Asian effort occurred outside of that geo-
Washington, D.C., January 31, 1974.
graphic area.
Hon. CARL B. ALBERT,
PURPOSE OF THE BILL
Speaker of the House of Representatives,
Washington, D.C.
This legislation is intended to extend the statutory time limit within
DEAR MR. SPEAKER: There is forwarded herewith a draft of legis-
which the recommendation for, and actual award of, certain military
lation "To extend the time limit for the award of certain military
decorations must occur for acts, achievements or service performed
decorations."
during the hostilities in Southeast Asia, and without which, these
This proposal is a part of the Department of Defense Legislative
certain acts or achievements cannot be appropriately recognized.
Program for the 93d Congress, and the Office of Management and
Time limits for the award of major military decorations are set
Budget advises that, from the standpoint of the Administration's pro-
by statute. The recommendations for the award must be initiated
gram, there is no objection to the presentation of this proposal for
within two or three years after the meritorious act, and actually
the consideration of the Congress. The Department of the Air Force
awarded within three or five years (depending on the type of decora-
has been designated to act on behalf of the Department of Defense
tion) from the date of the act or service. (See 10 USC 3744, 6248,
for this legislation. It is recommended that this proposal be enacted by
8744, and 14 USC 496). Exceptions are allowed to these time require-
the Congress.
ments only if the recommendation has been lost or inadvertently not
PURPOSE OF THE LEGISLATION
acted upon. These statutory limits, which apply only to major dec-
orations, have been administratively applied to all decorations by the
The purpose of this legislation is to extend the time limit for recom-
Department of Defense. These time limitations are now denying
mending and awarding certain decorations for acts, achievements, or
appropriate recognition to personnel who participated in the hostili-
service performed during the period of hostilities in Southeast Asia.
ties in Southeast Asia, as the necessary substantiating information
Time limitations have been imposed by Congress on the medal of
for the awards has been unavailable until recently since it was in the
honor; the Army's distinguished service, cross and distinguished serv-
sole possession of prisoners of war, or those indisposed due to wounds
ice medal the Navy's distinguished service medal, Navy cross, silver
or illness. Delays have also resulted from the destruction of records
star medal and Navy and Marine Corps medal; the Air Force's dis-
by the enemy or in anticipation of the enemy's presence.
tinguished service medal and Air Force cross, and the Coast Guard's
This bill will extend for one year from the date of enactment, the
distinguished service medal, distinguished flying cross, and Coast
period within which the written recommendation for the decoration
Guard medal (10 U.S.C. 3744, 6248, 8744; 14 U.S.C. 496). For these
must be submitted. The period for the actual award of the decoration
Army and Air Force decorations a recommendation must be initiated
is extended to two years from the date of enactment. The period
within two years after the distinguished service and the award made
from which awards could be recommended under this legislation
within three years after the date of the act justifying the award. For
would be for actions that occurred between July 1, 1958 and March 28,
the Navy, Marine Corps and Coast Guard, the recommendation must
1973. The time period was chosen as it encompasses the time period
be initiated within three years from the date of the act or service and
for which the Armed Forces Expeditionary Medal for service in Viet-
the award made within five years. In the case of all services, provision
nam, and the Vietnam Service Medal are authorized.
is made for an exception to the time limitation for award, but only if
Similar legislation was enacted after World War II (64 Stat. 103)
the recommendation has been lost or, through inadvertence, not acted
and the Korean Conflict (70 Stat. 933).
upon.
The time limitations specified in sections 3744, 6246, and 8744 of title
FISCAL DATA
10 and section 496 of title 14 do not apply to such awards as the Army
and Air Force silver star, Legion of Merit, Soldier's Medal, Air Force
This legislation. will not result in an increase in the budgetary
distinguished flying cross, Airman's Medal, Bronze Star Medal, Air
requirements of the Department of Defense.
Medal, service commendation medals, and Purple Heart. However, in
the interest of consistency and administration, the military depart-
DEPARTMENTAL POSITION
ments have established time limitations for these cited decorations
which are based on limitations in the above-cited sections of title 10
The Department of Defense supports this legislation and the Office
of Management and Budget interposes no objection, as indicated by
and 14. This procedure has been consistently followed.
As a result of these time limitations, many individuals who partici-
the correspondence below.
pated in the Vietnam Conflict may have been denied appropriate
H.R. 1367
H.R. 1367
4
recognition of their heroism, self-sacrifice or exceptional accomplish-
ments. In some instances prolonged delays have been encountered in
5
receiving necessary substantiating information from individuals who
were prisoners of war or from those who were evacuated from the
combat zone due to wounds, injuries or illness. In other instances,
records were destroyed either by enemy action or to prevent their fall-
ing into the hands of the enemy. Enactment of this proposed legisla-
tion will prevent these cases from lapsing by providing for a period
of two years from the date of enactment for awarding decorations for
acts, achievements, or service performed between July 1, 1958 and
March 28, 1973, if written recommendation for the award is made not
later than one year after the date of enactment.
The Armed Forces Expeditionary Medal may be awarded to per-
sonnel who participated in the Vietnam operation between July 1,
1958 and July 3, 1965. The Vietnam Service Medal is awarded for
such participation between July 4, 1965 and March 28, 1973. Accord-
ingly, the draft legislation specifies July 1, 1958 through March 28,
1973 as the qualifying period.
Similar legislation was enacted in 1950 concerning awards for
World War II (64 Stat 103) and in 1956 concerning awards for the
Korean Conflict (70 Stat. 933).
In summary, this legislation would provide authority over a limited
period for the granting of awards to deserving individuals, which
could not be granted under existing law. The Department of the Air
Force on behalf of the Department of Defense recommends that the
legislation as described above be enacted.
Cost AND BUDGET DATA
Enactment of the proposed legislation would have no significant
budgetary impact inasmuch as the procedures for processing recom-
CHANGES IN EXISTING LAW
In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, there is printed below in
parallel columns the text of provisions of existing law which would be repealed or amended by the various provisions
THE BILL AS REPORTED
mendations for decorations are already established and most of the
medals which will be required are already in stock.
Sincerely,
JAMES P. GOODE,
Acting Assistant Secretary,
Manpower and Reserve Affairs.
COMMITTEE POSITION
The Committee on Armed Services on September 17, 1974, a quorum
being present, unanimously endorsed enactment of the bill.
EXISTING LAW
of the bill as reported.
SECTION 3744 OF TITLE 10, UNITED STATES CODE
§ 3744. Medal of honor; distinguished-service cross;
distinguished-service medal: limitations on
award
(a) No more than one medal of honor, distinguished-
service cross, or distinguished-service medal may be
awarded to a person. However, for each succeeding act
that would otherwise justify the award of such a medal
or cross, the President may award a suitable bar or other
device to be worn as he directs.
(b) Except as provided in subsection (d), no medal of
honor, distinguished-service cross, distinguished-service
medal, or device in place thereof, may be awarded to a
(1) the award is made within three years after the
date of the act justifying the award;
(2) a statement setting forth the distinguished
service and recommending official recognition of it
was made within two years after the distinguished
(3) it appears from records of the Department of
the Army that the person is entitled to the award.
H.R. 1367
person unless-
service; and
H.R. 1367
EXISTING LAW
THE BILL AS REPORTED
(c) No medal of honor, distinguished-service cross, dis-
tinguished-service medal, or device in place thereof, may
be awarded or presented to a person whose service after
he distinguished himself has not been honorable. Aug. 10,
1956, c. 1041, 70A Stat. 216.
(d) If the Secretary of the Army determines that-
(1) a statement setting forth the distinguished
service and recommending official recognition of it
was made and supported by sufficient evidence within
two years after the distinguished service; and
(2) no award was made, because, the statement was
lost or through inadvertence the recommendation, was
not acted on;
a medal of honor, distinguished-service cross, distin-
guished-service medal, or device in place thereof, as the
case may be, may be awarded to the person concerned
within two years after the date of that determination. As
amended July 5, 1960, Pub.L. 86-582, § 1(1), 74 Stat. 320.
*
SECTION 6248 OF TITLE 10, UNITED STATES CODE
H.R. 15148 as Amended
§ 6248. Limitations of time
Be it enacted by the ,Senate and House of Representa-
H.R. 1367
(a) Except as provided in section 6246 of this title or
tives of the United States of America in Congress as-
subsection (b), no medal of honor, Navy cross, distin-
sembled, That, notwithstanding any other provision of
guished-service medal, silver star medal, Navy and Ma-
law, a decoration or device in lieu of decoration which,
rine Corps Medal, or bar, emblem, or insignia in place
prior to the date of enactment of this Act, has been au-
thereof may be awarded to a person unless-
thorized by Congress to be awarded to any person for an
(1) the award is made within five years after the
act, achievement, or service performed while on active
date of the act or service justifying the award; and
duty in the Armed Forces of the United States, or while
(2) a statement setting forth the act or distin-
serving with such forces, may be awarded at any time not
guished service and recommending official recogni-
later than two years after the date of enactment of this
tion of it was made by his superior through official
Act for any such act or service performed in direct sup-
channels within three years from the date of that act
port of military operations in Southeast Asia between
or service.
July 1, 1958, and March 28, 1973, inclusive, if written rec-
(b) If the Secretary of the Navy determines that-
ommendation for the award of the decoration, or device
(1) a statement setting forth the act or distin-
in lieu of decoration, is made not later than one year
guished service and recommending official recognition
subsequent to the date of enactment of this Act.
of it was made by the person's superior through offi-
cial 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. As amended July 5, 1960, Pub.
L. 86-582, § (2), 74 Stat. 320.
SECTION 8744 OF TITLE 10, UNITED STATES CODE
H.R. 1367
§ 8744. Medal of honor; Air Force cross; distin-
guished-service medal: limitations on award
(a) No more than one medal of honor, Air Force cross,
or distinguished-service medal may be awarded to a per-
THE BILL AS REPORTED
EXISTING LAW
son. However, for each succeeding act that would other-
wise justify the award of such a medal or cross, the Presi-
TAXI
dent may award a suitable bar or other device to be worn
as he directs.
20
(b) Except as provided in subsection (d), no medal of
honor, Air Force cross, distinguished-service medal, or
device in place thereof, may be awarded to a person
unless—
(1) the award is made within three years after the
date of the act justifying the award;
(2) a statement setting forth the distinguished
service and recommending official recognition, of it
was made within two years after the distinguished
service; and
(3) it appears from records of the Department of
8
the Air Force that the person is entitled to the award.
(c) No medal of honor, Air Force cross, distinguished-
service medal, or device in place thereof, may be awarded
or presented to a person whose service after he distin-
guished himself has not been honorable.
(d) If the Secretary of the Air Force determines that
you
(1) a statement setting forth the distinguished
per DOC 0,00
service and recommending official recognition of it
of
was made and supported by sufficient evidence within
I'
two years after the distinguished service; and
(2) no award was made, because the statement was
H.R. 1367
lost or through inadvertence the recommendation was
sith to odi
not acted on;
NUT pe 01 not
a medal of honor, Air Force cross, distinguished-service
01 or
medal, or device in place thereof, as the case may be, may
or
be awarded to the person concerned within two years after
the date of that determination. As amended July 5, 1960,
Pub.L. S6-582, § 1(3), 74 Stat. 320; July 6, 1960, P.L.
86-593, § (2), 74 Stat. 331.
SECTION 496 OF TITLE 14, UNITED STATES CODE
§ 496. Time limit on award; report concerning deed
(a) No medal of honor, distinguished service medal,
distinguished flying cross. Coast Guard medal, or bar,
emblem, or insignia in lieu thereof may be awarded to a
person unless
(1) the award is made within five years after the
date of the deed or service justifying the award;
(2) a statement setting forth the deed or distin-
guished service and recommending official recognition
of it was made by his superior through official chan-
nels within three years from the date of that deed
or termination of the service.
(b) If the Secretary determines that-
(1) a statement setting forth the deed or distin-
tion of it was made by the person's superior through
that deed or termination of the service and was sup-
1367 H.R.
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not acted upon; a medal of honor, distinguished serv-
ice medal, distinguished flying cross, Coast Guard
medal, or bar, emblem, or insignia in lieu thereof, as
the case may be, may be awarded to the person within
two years after the date of that determination.
10
SUMMARY
PURPOSE OF THE BILL
To extend the time limits within which the recommendation and
award of certain decorations must occur, in order to allow appropri-
ate recognition for those acts, achievements or service arising from
or in support of the hostilities in Southeast Asia, for which sub-
stantiating information was heretofore unavailable due to its being
in the possession of our prisoners of war or those indisposed due to
wounds or illness.
FISCAL DATA
The enactment of this legislation will not result in an increase in
the budgetary requirements of the Department of Defense.
DEPARTMENTAL POSITION
The Department of Defense supports this legislation and the Office
of Management and Budget interposes no objection.
COMMITTEE POSITION
The Committee on Armed Services on September 17, 1974, a quorum
being present, unanimously endorsed enactment of the bill.
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H.R. 1367
Calendar No. 1185
93D CONGRESS
SENATE
REPORT
2d Session
No. 93-1249
EXTENDING THE LIMIT FOR THE AWARD OF
CERTAIN MILITARY DECORATIONS
OCTOBER 9, 1974.-Ordered to be printed
Mr. STENNIS, from the Committee on Armed Services,
submitted the following
REPORT
[To accompany H.R. 15148]
The Committee on Armed Services, to which was referred the bill
(H.R. 15148) to extend the time limit for the award of certain military
decorations, having considered the same, reports favorably thereon
without an amendment and recommends that the bill do pass.
PURPOSE OF THE BILL
This legislation is intended to extend the statutory time limit within
which the recommendation for, and actual award of, certain military
decorations must occur for acts, achievements or service performed
during the hostilities in Southeast Asia, and without which, these
certain acts or achievements cannot be appropriately recognized.
Time limits for the award of major military decorations are set
by statute. The recommendations for the award must be initiated
within two or three years after the meritorious act, and actually
awarded within three or five years (depending on the type of decora-
tion) from the date of the act or service. (See 10 USC 3744, 6248,
8744, and 14 USC 496). Exceptions are allowed to these time require-
ments only if the recommendation has been lost or inadvertently not
acted upon. These statutory limits, which apply only to major dec-
orations, have been administratively applied to all decorations by the
Department of Defense. These time limitations are now denying
appropriate recognition to personnel who participated in the hostili-
ties in Southeast Asia, as the necessary substantiating information
for the awards has been unavailable until recently since it was in the
sole possession of prisoners of war, or those indisposed due to wounds
38-010
2
3
or illness. Delays have also resulted from the destruction of records
has been designated to act on behalf of the Department of Defense
by the enemy or in anticipation of the enemy's presence.
for this legislation. It is recommended that this proposal be enacted by
This bill will extend for one year from the date of enactment, the
the Congress.
period within which the written recommendation for the decoration
PURPOSE OF THE LEGISLATION
must be submitted. The period for the actual award of the decoration
is extended to two years from the date of enactment. The period
The purpose of this legislation is to extend the time limit for recom-
from which awards could be recommended under this legislation
mending and awarding certain decorations for acts, achievements, or
would be for actions that occurred between July 1, 1958 and March 28,
service performed during the period of hostilities in Southeast Asia.
1973. The time period was chosen as it encompasses the time period
Time limitations have been imposed by Congress on the medal of
for which the Armed Forces Expeditionary Medal for service in Viet-
honor; the Army's distinguished service cross and distinguished serv-
nam, and the Vietnam Service Medal are authorized.
ice medal; the Navy's distinguished service medal, Navy cross, silver
Similar legislation was enacted after World War II (64 Stat. 103)
star medal and Navy and Marine Corps medal: the Air Force's dis-
and the Korean Conflict (70 Stat. 933).
tinguished service medal and Air Force cross, and the Coast Guard's
distinguished service medal, distinguished flying cross, and Coast
COMMITTEE EXPLANATION
Guard medal (10 U.S.C. 3744, 6248, 8744; 14 U.S.C. 496). For these
Army and Air Force decorations a recommendation must be initiated
The bill expressly limits the authority of this legislation to service
within two years after the distinguished service and the award made
performed in, or in support of, the hostilities in Southeast Asia. The
within three years after the date of the act justifying the award. For
phrase "Southeast Asia" is meant to include military operations in
the Navy, Marine Corps and Coast Guard, the recommendation must
areas included within Laos, Cambodia, Thailand, North and South
be initiated within three years from the date of the act or service and
Vietnam, and that portion of Korea with which the U.S.S. Pueblo
the award made within five years. In the case of all services, provision
was involved in 1968 and thereafter in the conduct of its military
is made for an exception to the time limitation for award, but only if
mission. The language in the bill is not meant to be interpreted in a
the recommendation has been lost or, through inadvertence, not acted
restrictive manner SO that only acts which occurred in Southeast Asia
upon.
are countenanced in this bill, for many acts in direct support of the
The time limitations specified in sections 3744, 6246, and 8744 of title
Southeast Asian effort occurred outside of that geographic area.
10 and section 496 of title 14 do not apply to such awards as the Army
and Air Force silver star, Legion of Merit, Soldier's Medal, Air Force
FISCAL DATA
distinguished flying cross, Airman's Medal, Bronze Star Medal. Air
Medal, service commendation medals, and Purple Heart. However, in
This legislation will not result in an increase in the budgetary re-
the interest of consistency and administration, the military depart-
quirements of the Department of Defense.
ments have established time limitations for these cited decorations
which are based on limitations in the above-cited sections of title 10
DEPARTMENTAL POSITION
and 14. This procedure has been consistently followed.
As a result of these time limitations, many individuals who partici-
The Department of Defense supports this legislation and the Office
pated in the Vietnam Conflict may have been denied appropriate
of Management and Budget interposes no objection, as indicated by
recognition of their heroism, self-sacrifice or exceptional accomplish-
the correspondence below.
ments. In some instances prolonged delays have been encountered in
DEPARTMENT OF THE AIR FORCE,
receiving necessary substantiating information from individuals who
were prisoners of war or from those who were evacuated from the
OFFICE OF THE SECRETARY,
combat zone due to wounds, injuries or illness. In other instances,
Washington, D.C., January 31, 1974.
Hon. GERALD R. FORD,
records were destroyed either by enemy action or to prevent their fall-
ing into the hands of the enemy. Enactment of this proposed legisla-
President of the Senate,
tion will prevent these cases from lapsing by providing for a period
Washington, D.C.
of two years from the date of enactment for awarding decorations for
DEAR MR. PRESIDENT: There is forwarded herewith a draft of legis-
acts, achievements, or service performed between July 1, 1958 and
lation "To extend the time limit for the award of certain military
March 28, 1973, if written recommendation for the award is made not
decorations."
later than one year after the date of enactment.
This proposal is a part of the Department of Defense Legislative
The Armed Forces Expeditionary Medal may be awarded to per-
Program for the 93d Congress, and the Office of Management and
sonnel who participated in the Vietnam operation between July 1,
Budget advises that, from the standpoint of the Administration's pro-
1958 and July 3, 1965. The Vietnam Service Medal is awarded for
gram, there is no objection to the presentation of this proposal for
such participation between July 4, 1965 and March 28, 1973. Accord-
the consideration of the Congress. The Department of the Air Force
S.R. 1249
S.R. 1249
4
ingly, the draft legislation specifies July 1, 1958 through March 28,
1973 as the qualifying period.
Similar legislation was enacted in 1950 concerning awards for
World War II (64 Stat. 103) and in 1956 concerning awards for the
Korean Conflict (70 Stat. 933).
In summary, this legislation would provide authority over a limited
period for the granting of awards to deserving individuals, which
could not be granted under existing law. The Department of the Air
Force on behalf of the Department of Defense recommends that the
legislation as described above be enacted.
COST AND BUDGET DATA
Enactment of the proposed legislation would have no significant
budgetary impact inasmuch as the procedures for processing recom-
mendations for decorations are already established and most of the
medals which will be required are already in stock.
Sincerely,
JAMES P. GOODE,
Acting Assistant Secretary,
Manpower and Reserve Affairs.
S.R. 1249
H. R. 15148
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To extend the time limit for the award of certain military decorations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstand-
ing any other provision of law, a decoration or device in lieu of decora-
tion which, prior to the date of enactment of this Act, has been
authorized by Congress to be awarded to any person for an act,
achievement, or service performed while on active duty in the Armed
Forces of the United States, or while serving with such forces, may
be awarded at any time not later than two years after the date of
enactment of this Act for any such act or service performed in direct
support of military operations in Southeast Asia between July 1, 1958,
and March 28, 1973, inclusive, if written recommendation for the
award of the decoration, or device in lieu of decoration, is made not
later than one year subsequent to the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
October 17, 1974
Dear Mr. Director:
The following bills were received at the White House on
October 17th:
S.J. Res. 236
S. 2840
H.R. 7768
H.R. 14225
S.J. Res. 250
S. 3007
H.R. 7780
H.R. 14597
S.J. Res. 251
S. 3234
H.R. 11221
H.R. 15148
S. 355
S. 3473
H.R. 11251
H.R. 15427
S. 605
S. 3698
H.R. 11452
H.R. 15540
S. 628
S. 3792
H.R. 11830
H.R. 15643
S. 1411
S. 3838
H.R. 12035
H.R. 16857
S. 1412
S. 3979
H.R. 12281
H.R. 17027
S. 1769
H.R. 6624
H.R. 13561
S. 2348
H.R. 6642
H.R. 13631
Please let the President have reports and recommendations
as to the approval of these bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Nonorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.