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    "title": "1974/10/24 HR15148 Southeast Asia Military Decorations",
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    "ocrText": "The original documents are located in Box 11, folder \"1974/10/24 HR15148 Southeast Asia\nMilitary Decorations\" of the White House Records Office: Legislation Case Files at the\nGerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nDigitized from Box 11 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nAPPROVED74\nEXECUTIVE OFFICE OF THE PRESIDENT\nOCT 27 OCT 24\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nOCT 17 1974\nPosted\n10/25\nMEMORANDUM FOR THE PRESIDENT\nTarchines\nSubject: Enrolled Bill - H.R. 15148 - Southeast Asia\nMilitary Decorations\nSponsors - Rep. Hebert (D) Louisiana and\nRep. Bray (R) Indiana\nLast Day for Action\nPurpose\nExtends the time limits for making recommendations and\nawards of certain military decorations pertaining to\nhostilities in Southeast Asia.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Defense\nApproval\nDiscussion\nUnder current law, recommendations for major military\ndecorations must, depending on the particular decoration,\nbe initiated within two or three years after the meritorious\naction, and the award must be made within three or five\nyears. These time limits may now operate to deny appropriate\nrecognition to some participants in the Vietnam conflict,\nas the information necessary to substantiate their awards\nhas not been available until recently due to enemy action,\ntaking of prisoners of war, destruction of records, etc.\nFORD is LIBRARY DERALD\n2\nUnder the enrolled bill, the period for submitting a recom-\nmendation would be extended for one year following enact-\nment, and the period for making an award would be extended\nfor two years following enactment. Such extension would\napply only for awards proposed for actions that occurred\nbetween July 1, 1958, and March 28, 1973, these dates being\nbased on the periods for which the Armed Forces Expeditionary\nMedal and its successor, the Vietnam Service Medal, are\nawarded.\nH.R. 15148, as proposed by the Department of Defense, was\namended by the House Armed Services Committee to limit its\nscope to actions in direct support of hostilities in Southeast\nAsia, but the Department has no objection to the amendment.\nSimilar legislation was enacted after World War II and\nthe Korean conflict.\nNelfred H Rommel\nAssistant Director for\nLegislative Reference\nEnclosures\nRec'd. from om B , 10/17/74\n11: w a.m. -\n-\n-\nBire shut not reid. yet.\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nWarren\nOCT 17 1974\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill - H.R. 15148 - Southeast Asia\nMilitary Decorations\nSponsors - Rep. Hebert (D) Louisiana and\nRep. Bray (R) Indiana\nLast Day for Action\nPurpose\nExtends the time limits for making recommendations and\nawards of certain military decorations pertaining to\nhostilities in Southeast Asia.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Defense\nApproval\nDiscussion\nUnder current law, recommendations for major military\ndecorations must, depending on the particular decoration,\nbe initiated within two or three years after the meritorious\naction, and the award must be made within three or five\nyears. These time limits may now operate to deny appropriate\nrecognition to some participants in the Vietnam conflict,\nas the information necessary to substantiate their awards\nhas not been available until recently due to enemy action,\ntaking of prisoners of war, destruction of records, etc.\nB\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nLast Day - October 29\nOctober 23, 1974\nMEMORANDUM FOR:\nTHE PRESIDENT\nFROM:\nKEN COLE\nSUBJECT:\nEnrolled Bill H.R. 15148\nSoutheast Asia Military\nDecorations\nAttached for your consideration is House bill, H.R. 15148, sponsored\nby Representatives Hebert and Bray, which extends the time\nlimits for making recommendations and awards of certain military\ndecorations pertaining to hostilities in Southeast Asia.\nRoy Ash recommends approval and provides you with additional\nbackground information in his enrolled bill report (Tab A).\nThe NSC (Janka), the Counsel's office (Chapman) and Bill Timmons\nall recommend approval.\nRECOMMENDATION\nThat you sign House bill H.R. 15148 (Tab B).\nA\nDEPARTMENT OF THE AIR FORCE\nWASHINGTON 20330\nOF DEFENSE\nOFFICE OF THE SECRETARY\nLINE\nSTATES O\nAMERICA\nOF\n16 OCT 1974\nDear Mr. Director:\nReference is made to your request for the views of\nthe Department of Defense with respect to the enrolled\nenactment of H.R. 15148, 93rd Congress, an Act \"To\nextend the time limit for the award of certain military\ndecorations. The Secretary of Defense has delegated\nto the Department of the Air Force the responsibility\nfor expressing the views of the Department of Defense.\nThe purpose of the enrolled enactment is to extend\nthe time limit for recommending and awarding certain\ndecorations for acts, achievements, or service performed\nduring the period of hostilities in Southeast Asia.\nTime limitations have been imposed by Congress on\nthe medal of honor; the Army's distinguished service\ncross and distinguished service medal; the Navy's\ndistinguished service medal, Navy cross, silver star\nmedal and Navy and Marine Corps medal; the Air Force's\ndistinguished service medal and Air Force cross, and\nthe Coast Guard's distinguished service medal,\ndistinguished flying cross, and Coast Guard medal\n(10 USC 3744, 6248, 8744; 14 USC 496). For these Army\nand Air Force decorations, a recommendation must be\ninitiated within two years after the distinguished\nservice and the award made within three years after\nthe date of the act justifying the award. For the\nNavy, Marine Corps and Coast Guard, the recommendation\nmust be initiated within three years from the date\nof the act or service and the award made within five\nyears. In the case of all services, provision is\nmade for an exception to the time limitation for\naward, but only if the recommendation has been lost\nor, through inadvertence, not acted upon.\nThe time limitations specified in sections 3744,\n6248, and 8744 of title 10 and section 496 of title 14\ndo not apply to such awards as the Army and Air Force\nsilver star, legion of merit, soldier's medal, Air Force\ndistinguished flying cross, airman's medal, bronze star\nmedal, air medal, service commendation medals, and\npurple heart. However, in the interest of consistency\nand administration, the military departments have\nestablished time limitations for these cited decorations\nwhich are based on limitations in the above cited\nsections of title 10 and title 14. This procedure has\nbeen consistently followed.\nAs a result of these time limitations, many\nindividuals who participated in the Vietnam conflict\nmay have been denied appropriate recognition of their\nheroism, self-sacrifice or exceptional accomplishments.\nIn some instances prolonged delays have been encountered\nin receiving necessary substantiating information from\nindividuals who were prisoners of war or from those who\nwere evacuated from the combat zone due to wounds,\ninjuries or illness. In other instances, records were\ndestroyed either by enemy action or to prevent their\nfalling into the hands of the enemy. Approval of the\nenrolled enactment will prevent these cases from lapsing\nby providing for a period of two years from the date of\nenactment for awarding decorations for acts, achievements,\nor service performed between July 1, 1958 and March 28,\n1973, if written recommendation for the award is made\nnot later than one year after the date of enactment.\nSimilar legislation was enacted in 1950 concerning\nawards for World War II (64 Stat 103) and in 1956\nconcerning awards for the Korean Conflict (70 Stat 933).\nDepartment of Defense Legislative Proposal 93-75,\nwhich was cleared by your office on January 29, 1974,\nprovided for a two year period from the date of enactment\nfor recognizing acts, achievements or service performed\nduring the period of hostilities in Southeast Asia, even\nthough such acts, achievements or service were not\nperformed in direct support of military operations in\nSoutheast Asia. The bill was amended by the House of\nRepresentatives to restrict the recognition to acts,\nachievements or service performed in direct support of\nmilitary operations in Southeast Asia. While the original\nlegislative proposal was intended to provide enough\nlatitude to recognize personnel who were not in direct\nsupport of military operations but who might have been\noverlooked due to the turmoil of the Southeast Asia\nconflict, the primary purpose of the legislation is to\npermit recognition of prisoners of war and others directly\ninvolved in the conflict. It is expected that there\nwould be a very few, if any, military members who were\noverlooked, and those few could easily be accommodated\n2\nthrough individual relief bills. Accordingly, the\nDepartment of the Air Force, on behalf of the Department\nof Defense, recommends the approval and signature by the\nPresident of the enrolled enactment of H.R. 15148.\nThe enactment of this proposal will result in no\nincrease in budgetary requirements of the Department of\nDefense.\nThis report has been coordinated within the\nDepartment of Defense in accordance with procedures\nestablished by the Secretary of Defense.\nSincerely,\nDavid P. Vay 61\nDAVID P. TAYLOR\nAssistant Secretary of the Air Force\nManpower and Reserve Alfairs\nHonorable Roy L. Ash\nDirector\nOffice of Management and Budget\n3\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 672\nDate:\nOctober 17 1974\nTime:\n2:30 p.m.\nFOR ACTION: NSC/S\nCC (for information) : Warren K. Hendriks\nPhil Buchen\nJerry Jones\nBill Timmons\nPaul Theis\nFROM THE STAFF SECRETARY\nDUE: Date:\nMonday, October 21, 1974 Time: 2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 15148 - Southeast Asia\nMilitary Decorations\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Kathy Tindle - West Wing\nNo objection\nU.C.\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate C.\ndelay in submitting the required material, please\nWarren K. Hendriks\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nWASHINGTON\n10/17/74\nWARREN HENDRIKS\nTO:\npDL\nRobert D. Linder\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 672\nDate:\nOctober 17, 1974\nTime:\n2:30 p.m.\nFOR ACTION: VISC/S - Janha\ncc (for information): Warren K. Hendriks\nPhil Buchen\nJerry Jones\nBill Timmons\nPaul Theis\nFROM THE STAFF SECRETARY\nDUE: Date:\nMonday, October 21, 1974 Time: 2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 15148 - Southeast Asia\nMilitary Decorations\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Kathy Tindle - West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nWASHINGTON\nOctober 18, 1974\nMEMORANDUM FOR: MR. WARREN HENDRIKS\nFROM:\nWILLIAM E. TIMMONS\nPAM pBT\nSUBJECT:\nAction Memorandum - Log No. 672\nEnrolled Bill H.R. 15148 - Southeast\nAsia Military Decorations\nThe Office of Legislative Affairs concurs in the attached\nproposal and has no additional recommendations.\nAttachment\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 672\nDate:\nOctober 17, 1974\nTime:\n2:30 p.m.\nFOR ACTION:\nNSC/S\nCC (for information) : Warren K. Hendriks\nPhil Buchen\nJerry Jones\nBill Timmons\nPaul Theis\nFROM THE STAFF SECRETARY\nDUE: Date:\nMonday, October 21, 1974\nTime: 2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 15148 - Southeast Asia\nMilitary Decorations\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Kathy Tindle - West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a.\ndelay in submitting the required material, please\nWarren K. Hendriks\ntelephone the Staff Secretary immediately.\nFor the President\n93D CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n2d Session\nNo. 93-1367\nEXTENDING THE TIME LIMIT FOR THE AWARD OF\nCERTAIN MILITARY DECORATIONS\nSEPTEMBER 19, 1974.-Committed to the Committee of the Whole House on the\nState of the Union and ordered to be printed\nMr. FISHER, from the Committee on Armed Services,\nsubmitted the following\nREPORT\n[To accompany H.R. 15148]\nThe Committee on Armed Services to whom was referred the bill\n(H.R. 15148) to extend the time limit for the award of certain mili-\ntary decorations, having considered the same, report favorably thereon\nwith an amendment and recommend that the bill as amended do pass.\nThe amendment is as follows:\nOn line 11 of the bill, after the word \"performed,\" insert the phrase\n\"in direct support of military operations in Southeast Asia\".\nEXPLANATION OF THE AMENDMENT\nThe Committee amendment adds language to the bill which limits\nthe bill's scope to actions in direct support of the hostilities in South-\neast Asia. The purpose of the bill is to allow appropriate recognition\nto deserving individuals for distinguished service in the conflict in\nSoutheast Asia, but for which substantiating information has only\nrecently become available. The amendment expressly limits the au-\nthority of this legislation to service performed in, or in support of, the\nhostilities in Southeast Asia, as is its intended purpose.\nThe amendment is meant to specify more accurately the intended\ncoverage of the bill without affecting its purpose SO that recommenda-\ntions, other than those countenanced by this bill, are not submitted\nunder its authority. It should be noted that the phrase \"Southeast\nAsia\" in this amendment is meant to include military operations in\nareas included within Laos, Cambodia, Thailand, North and South\nVietnam, and that portion of Korea with which the U.S.S. Pueblo was\ninvolved, in 1968 and thereafter, in the conduct of its military mission.\nAlthough the purpose of this amendment is to more specifically\ndefine the scope of the legislation, its language is not meant to be in-\n38-006\n2\n3\nterpreted in a restrictive manner SO that only acts which occurred in\nDEPARTMENT OF THE AIR FORCE,\nSoutheast Asia are countenanced in this bill, for many acts in direct\nOFFICE OF THE SECRETARY,\nsupport of the Southeast Asian effort occurred outside of that geo-\nWashington, D.C., January 31, 1974.\ngraphic area.\nHon. CARL B. ALBERT,\nPURPOSE OF THE BILL\nSpeaker of the House of Representatives,\nWashington, D.C.\nThis legislation is intended to extend the statutory time limit within\nDEAR MR. SPEAKER: There is forwarded herewith a draft of legis-\nwhich the recommendation for, and actual award of, certain military\nlation \"To extend the time limit for the award of certain military\ndecorations must occur for acts, achievements or service performed\ndecorations.\"\nduring the hostilities in Southeast Asia, and without which, these\nThis proposal is a part of the Department of Defense Legislative\ncertain acts or achievements cannot be appropriately recognized.\nProgram for the 93d Congress, and the Office of Management and\nTime limits for the award of major military decorations are set\nBudget advises that, from the standpoint of the Administration's pro-\nby statute. The recommendations for the award must be initiated\ngram, there is no objection to the presentation of this proposal for\nwithin two or three years after the meritorious act, and actually\nthe consideration of the Congress. The Department of the Air Force\nawarded within three or five years (depending on the type of decora-\nhas been designated to act on behalf of the Department of Defense\ntion) from the date of the act or service. (See 10 USC 3744, 6248,\nfor this legislation. It is recommended that this proposal be enacted by\n8744, and 14 USC 496). Exceptions are allowed to these time require-\nthe Congress.\nments only if the recommendation has been lost or inadvertently not\nPURPOSE OF THE LEGISLATION\nacted upon. These statutory limits, which apply only to major dec-\norations, have been administratively applied to all decorations by the\nThe purpose of this legislation is to extend the time limit for recom-\nDepartment of Defense. These time limitations are now denying\nmending and awarding certain decorations for acts, achievements, or\nappropriate recognition to personnel who participated in the hostili-\nservice performed during the period of hostilities in Southeast Asia.\nties in Southeast Asia, as the necessary substantiating information\nTime limitations have been imposed by Congress on the medal of\nfor the awards has been unavailable until recently since it was in the\nhonor; the Army's distinguished service, cross and distinguished serv-\nsole possession of prisoners of war, or those indisposed due to wounds\nice medal the Navy's distinguished service medal, Navy cross, silver\nor illness. Delays have also resulted from the destruction of records\nstar medal and Navy and Marine Corps medal; the Air Force's dis-\nby the enemy or in anticipation of the enemy's presence.\ntinguished service medal and Air Force cross, and the Coast Guard's\nThis bill will extend for one year from the date of enactment, the\ndistinguished service medal, distinguished flying cross, and Coast\nperiod within which the written recommendation for the decoration\nGuard medal (10 U.S.C. 3744, 6248, 8744; 14 U.S.C. 496). For these\nmust be submitted. The period for the actual award of the decoration\nArmy and Air Force decorations a recommendation must be initiated\nis extended to two years from the date of enactment. The period\nwithin two years after the distinguished service and the award made\nfrom which awards could be recommended under this legislation\nwithin three years after the date of the act justifying the award. For\nwould be for actions that occurred between July 1, 1958 and March 28,\nthe Navy, Marine Corps and Coast Guard, the recommendation must\n1973. The time period was chosen as it encompasses the time period\nbe initiated within three years from the date of the act or service and\nfor which the Armed Forces Expeditionary Medal for service in Viet-\nthe award made within five years. In the case of all services, provision\nnam, and the Vietnam Service Medal are authorized.\nis made for an exception to the time limitation for award, but only if\nSimilar legislation was enacted after World War II (64 Stat. 103)\nthe recommendation has been lost or, through inadvertence, not acted\nand the Korean Conflict (70 Stat. 933).\nupon.\nThe time limitations specified in sections 3744, 6246, and 8744 of title\nFISCAL DATA\n10 and section 496 of title 14 do not apply to such awards as the Army\nand Air Force silver star, Legion of Merit, Soldier's Medal, Air Force\nThis legislation. will not result in an increase in the budgetary\ndistinguished flying cross, Airman's Medal, Bronze Star Medal, Air\nrequirements of the Department of Defense.\nMedal, service commendation medals, and Purple Heart. However, in\nthe interest of consistency and administration, the military depart-\nDEPARTMENTAL POSITION\nments have established time limitations for these cited decorations\nwhich are based on limitations in the above-cited sections of title 10\nThe Department of Defense supports this legislation and the Office\nof Management and Budget interposes no objection, as indicated by\nand 14. This procedure has been consistently followed.\nAs a result of these time limitations, many individuals who partici-\nthe correspondence below.\npated in the Vietnam Conflict may have been denied appropriate\nH.R. 1367\nH.R. 1367\n4\nrecognition of their heroism, self-sacrifice or exceptional accomplish-\nments. In some instances prolonged delays have been encountered in\n5\nreceiving necessary substantiating information from individuals who\nwere prisoners of war or from those who were evacuated from the\ncombat zone due to wounds, injuries or illness. In other instances,\nrecords were destroyed either by enemy action or to prevent their fall-\ning into the hands of the enemy. Enactment of this proposed legisla-\ntion will prevent these cases from lapsing by providing for a period\nof two years from the date of enactment for awarding decorations for\nacts, achievements, or service performed between July 1, 1958 and\nMarch 28, 1973, if written recommendation for the award is made not\nlater than one year after the date of enactment.\nThe Armed Forces Expeditionary Medal may be awarded to per-\nsonnel who participated in the Vietnam operation between July 1,\n1958 and July 3, 1965. The Vietnam Service Medal is awarded for\nsuch participation between July 4, 1965 and March 28, 1973. Accord-\ningly, the draft legislation specifies July 1, 1958 through March 28,\n1973 as the qualifying period.\nSimilar legislation was enacted in 1950 concerning awards for\nWorld War II (64 Stat 103) and in 1956 concerning awards for the\nKorean Conflict (70 Stat. 933).\nIn summary, this legislation would provide authority over a limited\nperiod for the granting of awards to deserving individuals, which\ncould not be granted under existing law. The Department of the Air\nForce on behalf of the Department of Defense recommends that the\nlegislation as described above be enacted.\nCost AND BUDGET DATA\nEnactment of the proposed legislation would have no significant\nbudgetary impact inasmuch as the procedures for processing recom-\nCHANGES IN EXISTING LAW\nIn compliance with clause 3 of rule XIII of the Rules of the House of Representatives, there is printed below in\nparallel columns the text of provisions of existing law which would be repealed or amended by the various provisions\nTHE BILL AS REPORTED\nmendations for decorations are already established and most of the\nmedals which will be required are already in stock.\nSincerely,\nJAMES P. GOODE,\nActing Assistant Secretary,\nManpower and Reserve Affairs.\nCOMMITTEE POSITION\nThe Committee on Armed Services on September 17, 1974, a quorum\nbeing present, unanimously endorsed enactment of the bill.\nEXISTING LAW\nof the bill as reported.\nSECTION 3744 OF TITLE 10, UNITED STATES CODE\n§ 3744. Medal of honor; distinguished-service cross;\ndistinguished-service medal: limitations on\naward\n(a) No more than one medal of honor, distinguished-\nservice cross, or distinguished-service medal may be\nawarded to a person. However, for each succeeding act\nthat would otherwise justify the award of such a medal\nor cross, the President may award a suitable bar or other\ndevice to be worn as he directs.\n(b) Except as provided in subsection (d), no medal of\nhonor, distinguished-service cross, distinguished-service\nmedal, or device in place thereof, may be awarded to a\n(1) the award is made within three years after the\ndate of the act justifying the award;\n(2) a statement setting forth the distinguished\nservice and recommending official recognition of it\nwas made within two years after the distinguished\n(3) it appears from records of the Department of\nthe Army that the person is entitled to the award.\nH.R. 1367\nperson unless-\nservice; and\nH.R. 1367\nEXISTING LAW\nTHE BILL AS REPORTED\n(c) No medal of honor, distinguished-service cross, dis-\ntinguished-service medal, or device in place thereof, may\nbe awarded or presented to a person whose service after\nhe distinguished himself has not been honorable. Aug. 10,\n1956, c. 1041, 70A Stat. 216.\n(d) If the Secretary of the Army determines that-\n(1) a statement setting forth the distinguished\nservice and recommending official recognition of it\nwas made and supported by sufficient evidence within\ntwo years after the distinguished service; and\n(2) no award was made, because, the statement was\nlost or through inadvertence the recommendation, was\nnot acted on;\na medal of honor, distinguished-service cross, distin-\nguished-service medal, or device in place thereof, as the\ncase may be, may be awarded to the person concerned\nwithin two years after the date of that determination. As\namended July 5, 1960, Pub.L. 86-582, § 1(1), 74 Stat. 320.\n*\nSECTION 6248 OF TITLE 10, UNITED STATES CODE\nH.R. 15148 as Amended\n§ 6248. Limitations of time\nBe it enacted by the ,Senate and House of Representa-\nH.R. 1367\n(a) Except as provided in section 6246 of this title or\ntives of the United States of America in Congress as-\nsubsection (b), no medal of honor, Navy cross, distin-\nsembled, That, notwithstanding any other provision of\nguished-service medal, silver star medal, Navy and Ma-\nlaw, a decoration or device in lieu of decoration which,\nrine Corps Medal, or bar, emblem, or insignia in place\nprior to the date of enactment of this Act, has been au-\nthereof may be awarded to a person unless-\nthorized by Congress to be awarded to any person for an\n(1) the award is made within five years after the\nact, achievement, or service performed while on active\ndate of the act or service justifying the award; and\nduty in the Armed Forces of the United States, or while\n(2) a statement setting forth the act or distin-\nserving with such forces, may be awarded at any time not\nguished service and recommending official recogni-\nlater than two years after the date of enactment of this\ntion of it was made by his superior through official\nAct for any such act or service performed in direct sup-\nchannels within three years from the date of that act\nport of military operations in Southeast Asia between\nor service.\nJuly 1, 1958, and March 28, 1973, inclusive, if written rec-\n(b) If the Secretary of the Navy determines that-\nommendation for the award of the decoration, or device\n(1) a statement setting forth the act or distin-\nin lieu of decoration, is made not later than one year\nguished service and recommending official recognition\nsubsequent to the date of enactment of this Act.\nof it was made by the person's superior through offi-\ncial channels within three years from the date of that\nact or service and was supported by sufficient evidence\nwithin that time; and\n(2) no award was made, because the statement was\nlost or through inadvertence the recommendation was\nnot acted on;\na medal of honor, Navy cross, distinguished-service medal,\nsilver star medal, Navy and Marine Corps Medal, or bar,\nemblem, or insignia in place thereof, as the case may be,\nmay be awarded to the person within two years after the\ndate of that determination. As amended July 5, 1960, Pub.\nL. 86-582, § (2), 74 Stat. 320.\nSECTION 8744 OF TITLE 10, UNITED STATES CODE\nH.R. 1367\n§ 8744. Medal of honor; Air Force cross; distin-\nguished-service medal: limitations on award\n(a) No more than one medal of honor, Air Force cross,\nor distinguished-service medal may be awarded to a per-\nTHE BILL AS REPORTED\nEXISTING LAW\nson. However, for each succeeding act that would other-\nwise justify the award of such a medal or cross, the Presi-\nTAXI\ndent may award a suitable bar or other device to be worn\nas he directs.\n20\n(b) Except as provided in subsection (d), no medal of\nhonor, Air Force cross, distinguished-service medal, or\ndevice in place thereof, may be awarded to a person\nunless—\n(1) the award is made within three years after the\ndate of the act justifying the award;\n(2) a statement setting forth the distinguished\nservice and recommending official recognition, of it\nwas made within two years after the distinguished\nservice; and\n(3) it appears from records of the Department of\n8\nthe Air Force that the person is entitled to the award.\n(c) No medal of honor, Air Force cross, distinguished-\nservice medal, or device in place thereof, may be awarded\nor presented to a person whose service after he distin-\nguished himself has not been honorable.\n(d) If the Secretary of the Air Force determines that\nyou\n(1) a statement setting forth the distinguished\nper DOC 0,00\nservice and recommending official recognition of it\nof\nwas made and supported by sufficient evidence within\nI'\ntwo years after the distinguished service; and\n(2) no award was made, because the statement was\nH.R. 1367\nlost or through inadvertence the recommendation was\nsith to odi\nnot acted on;\nNUT pe 01 not\na medal of honor, Air Force cross, distinguished-service\n01 or\nmedal, or device in place thereof, as the case may be, may\nor\nbe awarded to the person concerned within two years after\nthe date of that determination. As amended July 5, 1960,\nPub.L. S6-582, § 1(3), 74 Stat. 320; July 6, 1960, P.L.\n86-593, § (2), 74 Stat. 331.\nSECTION 496 OF TITLE 14, UNITED STATES CODE\n§ 496. Time limit on award; report concerning deed\n(a) No medal of honor, distinguished service medal,\ndistinguished flying cross. Coast Guard medal, or bar,\nemblem, or insignia in lieu thereof may be awarded to a\nperson unless\n(1) the award is made within five years after the\ndate of the deed or service justifying the award;\n(2) a statement setting forth the deed or distin-\nguished service and recommending official recognition\nof it was made by his superior through official chan-\nnels within three years from the date of that deed\nor termination of the service.\n(b) If the Secretary determines that-\n(1) a statement setting forth the deed or distin-\ntion of it was made by the person's superior through\nthat deed or termination of the service and was sup-\n1367 H.R.\nlost or through inadvertence the recommendation was\npapers business sugarang of poir\n000 улину on\nw80 wD mitulainel sidt 30\nque THE of\nai Hiw noitalaryd sixt To will\nATMI\n9th suit 10 THW to THE to offit\ngoind PIT 01 motologed 2077\n6\nguished service and recommending official recogni-\nofficial channels within three years from the date of\nported by sufficient evidence within that time; and\n(2) no award was made, because the statement was\nDD Highe? box to\ndoe dridw niel ni soitilited 901 to troqque ai\nmost 9017198 10 ,Alon revill TOT noithagoon 910\nwolls D] mbao ITE terrier to Intown\nban all doistw nidion elimil amit and bootro of\n1118 THE to\n10\nnot acted upon; a medal of honor, distinguished serv-\nice medal, distinguished flying cross, Coast Guard\nmedal, or bar, emblem, or insignia in lieu thereof, as\nthe case may be, may be awarded to the person within\ntwo years after the date of that determination.\n10\nSUMMARY\nPURPOSE OF THE BILL\nTo extend the time limits within which the recommendation and\naward of certain decorations must occur, in order to allow appropri-\nate recognition for those acts, achievements or service arising from\nor in support of the hostilities in Southeast Asia, for which sub-\nstantiating information was heretofore unavailable due to its being\nin the possession of our prisoners of war or those indisposed due to\nwounds or illness.\nFISCAL DATA\nThe enactment of this legislation will not result in an increase in\nthe budgetary requirements of the Department of Defense.\nDEPARTMENTAL POSITION\nThe Department of Defense supports this legislation and the Office\nof Management and Budget interposes no objection.\nCOMMITTEE POSITION\nThe Committee on Armed Services on September 17, 1974, a quorum\nbeing present, unanimously endorsed enactment of the bill.\nMake\nLAW\nunit po³ (0 THE Derson\n80 nail ni mingiami 10\nthe\n1000 to girb all THE EMPL owt\nbeauth IssueD bodeurgniteib Jobon\n-7198 Tottol to laborr C : пофи batra\n80W not operated about FOW breams\n(prontip\nbox comit dedit midtion trainitive yd borroq.\n-qua BBW The driving adi lo TO boob 3000\nto stab adt mon) 27097 andi midrin alountado Reigillo\nTorraque a dostor add yo shout mu\n-ingoost Tutriho has bodeing\n-miteib TO hoab odt drial unititos\nvoive to no\nboob todi to stab will month STROY will what\n-nado dynordt sid when\nmoitingosen Loiniho ban\n- uidaib TO harb odt drial 2018 immigiate (2)\n: brews only hoob alls to\nsull istle 21897 avit aboma ei will (1)\nR 01 bobrawa od YBU mil moldapo\n,Tud TO Jubon brued 7800 maiyli bonking\nJabom roaod To of\nliash :buswn no timil smiT set i\ngiving (ODE\n11 THE e* TARO* hT\"\nor\nI'\nInstado\nHU 11\nH.R. 1367\nCalendar No. 1185\n93D CONGRESS\nSENATE\nREPORT\n2d Session\nNo. 93-1249\nEXTENDING THE LIMIT FOR THE AWARD OF\nCERTAIN MILITARY DECORATIONS\nOCTOBER 9, 1974.-Ordered to be printed\nMr. STENNIS, from the Committee on Armed Services,\nsubmitted the following\nREPORT\n[To accompany H.R. 15148]\nThe Committee on Armed Services, to which was referred the bill\n(H.R. 15148) to extend the time limit for the award of certain military\ndecorations, having considered the same, reports favorably thereon\nwithout an amendment and recommends that the bill do pass.\nPURPOSE OF THE BILL\nThis legislation is intended to extend the statutory time limit within\nwhich the recommendation for, and actual award of, certain military\ndecorations must occur for acts, achievements or service performed\nduring the hostilities in Southeast Asia, and without which, these\ncertain acts or achievements cannot be appropriately recognized.\nTime limits for the award of major military decorations are set\nby statute. The recommendations for the award must be initiated\nwithin two or three years after the meritorious act, and actually\nawarded within three or five years (depending on the type of decora-\ntion) from the date of the act or service. (See 10 USC 3744, 6248,\n8744, and 14 USC 496). Exceptions are allowed to these time require-\nments only if the recommendation has been lost or inadvertently not\nacted upon. These statutory limits, which apply only to major dec-\norations, have been administratively applied to all decorations by the\nDepartment of Defense. These time limitations are now denying\nappropriate recognition to personnel who participated in the hostili-\nties in Southeast Asia, as the necessary substantiating information\nfor the awards has been unavailable until recently since it was in the\nsole possession of prisoners of war, or those indisposed due to wounds\n38-010\n2\n3\nor illness. Delays have also resulted from the destruction of records\nhas been designated to act on behalf of the Department of Defense\nby the enemy or in anticipation of the enemy's presence.\nfor this legislation. It is recommended that this proposal be enacted by\nThis bill will extend for one year from the date of enactment, the\nthe Congress.\nperiod within which the written recommendation for the decoration\nPURPOSE OF THE LEGISLATION\nmust be submitted. The period for the actual award of the decoration\nis extended to two years from the date of enactment. The period\nThe purpose of this legislation is to extend the time limit for recom-\nfrom which awards could be recommended under this legislation\nmending and awarding certain decorations for acts, achievements, or\nwould be for actions that occurred between July 1, 1958 and March 28,\nservice performed during the period of hostilities in Southeast Asia.\n1973. The time period was chosen as it encompasses the time period\nTime limitations have been imposed by Congress on the medal of\nfor which the Armed Forces Expeditionary Medal for service in Viet-\nhonor; the Army's distinguished service cross and distinguished serv-\nnam, and the Vietnam Service Medal are authorized.\nice medal; the Navy's distinguished service medal, Navy cross, silver\nSimilar legislation was enacted after World War II (64 Stat. 103)\nstar medal and Navy and Marine Corps medal: the Air Force's dis-\nand the Korean Conflict (70 Stat. 933).\ntinguished service medal and Air Force cross, and the Coast Guard's\ndistinguished service medal, distinguished flying cross, and Coast\nCOMMITTEE EXPLANATION\nGuard medal (10 U.S.C. 3744, 6248, 8744; 14 U.S.C. 496). For these\nArmy and Air Force decorations a recommendation must be initiated\nThe bill expressly limits the authority of this legislation to service\nwithin two years after the distinguished service and the award made\nperformed in, or in support of, the hostilities in Southeast Asia. The\nwithin three years after the date of the act justifying the award. For\nphrase \"Southeast Asia\" is meant to include military operations in\nthe Navy, Marine Corps and Coast Guard, the recommendation must\nareas included within Laos, Cambodia, Thailand, North and South\nbe initiated within three years from the date of the act or service and\nVietnam, and that portion of Korea with which the U.S.S. Pueblo\nthe award made within five years. In the case of all services, provision\nwas involved in 1968 and thereafter in the conduct of its military\nis made for an exception to the time limitation for award, but only if\nmission. The language in the bill is not meant to be interpreted in a\nthe recommendation has been lost or, through inadvertence, not acted\nrestrictive manner SO that only acts which occurred in Southeast Asia\nupon.\nare countenanced in this bill, for many acts in direct support of the\nThe time limitations specified in sections 3744, 6246, and 8744 of title\nSoutheast Asian effort occurred outside of that geographic area.\n10 and section 496 of title 14 do not apply to such awards as the Army\nand Air Force silver star, Legion of Merit, Soldier's Medal, Air Force\nFISCAL DATA\ndistinguished flying cross, Airman's Medal, Bronze Star Medal. Air\nMedal, service commendation medals, and Purple Heart. However, in\nThis legislation will not result in an increase in the budgetary re-\nthe interest of consistency and administration, the military depart-\nquirements of the Department of Defense.\nments have established time limitations for these cited decorations\nwhich are based on limitations in the above-cited sections of title 10\nDEPARTMENTAL POSITION\nand 14. This procedure has been consistently followed.\nAs a result of these time limitations, many individuals who partici-\nThe Department of Defense supports this legislation and the Office\npated in the Vietnam Conflict may have been denied appropriate\nof Management and Budget interposes no objection, as indicated by\nrecognition of their heroism, self-sacrifice or exceptional accomplish-\nthe correspondence below.\nments. In some instances prolonged delays have been encountered in\nDEPARTMENT OF THE AIR FORCE,\nreceiving necessary substantiating information from individuals who\nwere prisoners of war or from those who were evacuated from the\nOFFICE OF THE SECRETARY,\ncombat zone due to wounds, injuries or illness. In other instances,\nWashington, D.C., January 31, 1974.\nHon. GERALD R. FORD,\nrecords were destroyed either by enemy action or to prevent their fall-\ning into the hands of the enemy. Enactment of this proposed legisla-\nPresident of the Senate,\ntion will prevent these cases from lapsing by providing for a period\nWashington, D.C.\nof two years from the date of enactment for awarding decorations for\nDEAR MR. PRESIDENT: There is forwarded herewith a draft of legis-\nacts, achievements, or service performed between July 1, 1958 and\nlation \"To extend the time limit for the award of certain military\nMarch 28, 1973, if written recommendation for the award is made not\ndecorations.\"\nlater than one year after the date of enactment.\nThis proposal is a part of the Department of Defense Legislative\nThe Armed Forces Expeditionary Medal may be awarded to per-\nProgram for the 93d Congress, and the Office of Management and\nsonnel who participated in the Vietnam operation between July 1,\nBudget advises that, from the standpoint of the Administration's pro-\n1958 and July 3, 1965. The Vietnam Service Medal is awarded for\ngram, there is no objection to the presentation of this proposal for\nsuch participation between July 4, 1965 and March 28, 1973. Accord-\nthe consideration of the Congress. The Department of the Air Force\nS.R. 1249\nS.R. 1249\n4\ningly, the draft legislation specifies July 1, 1958 through March 28,\n1973 as the qualifying period.\nSimilar legislation was enacted in 1950 concerning awards for\nWorld War II (64 Stat. 103) and in 1956 concerning awards for the\nKorean Conflict (70 Stat. 933).\nIn summary, this legislation would provide authority over a limited\nperiod for the granting of awards to deserving individuals, which\ncould not be granted under existing law. The Department of the Air\nForce on behalf of the Department of Defense recommends that the\nlegislation as described above be enacted.\nCOST AND BUDGET DATA\nEnactment of the proposed legislation would have no significant\nbudgetary impact inasmuch as the procedures for processing recom-\nmendations for decorations are already established and most of the\nmedals which will be required are already in stock.\nSincerely,\nJAMES P. GOODE,\nActing Assistant Secretary,\nManpower and Reserve Affairs.\nS.R. 1249\nH. R. 15148\nAinety-third Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the twenty-first day of January,\none thousand nine hundred and seventy-four\nAn Act\nTo extend the time limit for the award of certain military decorations.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That, notwithstand-\ning any other provision of law, a decoration or device in lieu of decora-\ntion which, prior to the date of enactment of this Act, has been\nauthorized by Congress to be awarded to any person for an act,\nachievement, or service performed while on active duty in the Armed\nForces of the United States, or while serving with such forces, may\nbe awarded at any time not later than two years after the date of\nenactment of this Act for any such act or service performed in direct\nsupport of military operations in Southeast Asia between July 1, 1958,\nand March 28, 1973, inclusive, if written recommendation for the\naward of the decoration, or device in lieu of decoration, is made not\nlater than one year subsequent to the date of enactment of this Act.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\nOctober 17, 1974\nDear Mr. Director:\nThe following bills were received at the White House on\nOctober 17th:\nS.J. Res. 236\nS. 2840\nH.R. 7768\nH.R. 14225\nS.J. Res. 250\nS. 3007\nH.R. 7780\nH.R. 14597\nS.J. Res. 251\nS. 3234\nH.R. 11221\nH.R. 15148\nS. 355\nS. 3473\nH.R. 11251\nH.R. 15427\nS. 605\nS. 3698\nH.R. 11452\nH.R. 15540\nS. 628\nS. 3792\nH.R. 11830\nH.R. 15643\nS. 1411\nS. 3838\nH.R. 12035\nH.R. 16857\nS. 1412\nS. 3979\nH.R. 12281\nH.R. 17027\nS. 1769\nH.R. 6624\nH.R. 13561\nS. 2348\nH.R. 6642\nH.R. 13631\nPlease let the President have reports and recommendations\nas to the approval of these bills as soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Nonorable Roy L. Ash\nDirector\nOffice of Management and Budget\nWashington, D. C."
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