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1974/10/24 HR15148 Southeast Asia Military Decorations
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1974/10/24 HR15148 Southeast Asia Military Decorations
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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. lost or through inadvertence the recommendation was papers business sugarang of poir 000 улину on w80 wD mitulainel sidt 30 que THE of ai Hiw noitalaryd sixt To will ATMI 9th suit 10 THW to THE to offit goind PIT 01 motologed 2077 6 guished service and recommending official recogni- official channels within three years from the date of ported by sufficient evidence within that time; and (2) no award was made, because the statement was DD Highe? box to doe dridw niel ni soitilited 901 to troqque ai most 9017198 10 ,Alon revill TOT noithagoon 910 wolls D] mbao ITE terrier to Intown ban all doistw nidion elimil amit and bootro of 1118 THE to 10 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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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.