10 USC 8752 - Sec. 8752. Medals: posthumous award and presentation

10 USC - U.S. Code - Title 10: Armed Forces (January 2004)


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  (a) If a person dies before the award of a medal of honor, distinguished-service cross, distinguished-service medal, distinguished flying cross, or device in place thereof, to which he is entitled, the award may be made and the medal or device presented to his representative, as designated by the President. (b) If a person dies before an authorized service medal or device prescribed as a part thereof is presented to him under section 8751 of this title, it shall be presented to his family.


Historical And Revision Notes

1956 ACT

Revised Source (U.S. Code) Source (Statutes at section Large)

8752(a) 10:1409 (words between July 9, 1918, ch. 143 1st and 2d semicolons). (words between 1st and 2d semicolons of 15th par. under "Ordnance Department"), 40 Stat. 871. 8752(b) 10:1429 (1st 49 words of last sentence). 10:1415a (21st through 30th words, less applicability to clauses (a) through (n)). July 2, 1926, ch. 721, Sec. 12 (1st 49 words of last sentence), 44 Stat. 789; July 30, 1937, ch. 545, Sec. 4, 50 Stat. 549. May 12, 1928, ch. 528, Sec. 1 (25th through 34th words, less applicability to clauses (a) through (n)), 45 Stat. 500.

In subsection (a), the words "If a person" are substituted for the words "In case an individual * * * dies", in 10:1409, and "In case an individual * * * shall have died", in 10:1429. The words "within three years from the date", in 10:1409, are omitted as covered by section 8744 of this title.

The words "who shall distinguish himself", in 10:1409, and "who distinguishes himself", in 10:1429, are omitted as covered by the words "the award * * * to which he is entitled". 1958 ACT The change reflects the fact that the source statute for these sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was mandatory and not merely permissive.

AMENDMENTS 1958 - Subsec. (b). Pub. L. 85-861 substituted "it shall be presented" for "it may be presented".

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title.

Section Referred To In Other Sections

This section is referred to in sections 8748, 8755 of this title.

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