38 U.S. Code § 1560 - Medal of Honor Roll; persons eligible
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(a) There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Homeland Security, respectively, a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
(b) Upon written application to the Secretary concerned, that Secretary shall enter and record on such roll the name of each surviving person who has served on active duty in the armed forces of the United States and who has been awarded a medal of honor for distinguishing such person conspicuously by gallantry and intrepidity at the risk of such person’s life above and beyond the call of duty while so serving.
(c) Applications for entry on such roll shall be made in the form and under regulations prescribed by the Secretary concerned, and shall indicate whether or not the applicant desires to receive the special pension provided by section 1562 of this title. Proper blanks and instructions shall be furnished by the Secretary concerned, without charge upon the request of any person claiming the benefits of this subchapter.
Source(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, § 560; Pub. L. 87–138, § 1,Aug. 14, 1961, 75 Stat. 338; Pub. L. 88–77, § 5(1),July 25, 1963, 77 Stat. 95; Pub. L. 88–651, Oct. 13, 1964, 78 Stat. 1078; Pub. L. 89–311, § 4,Oct. 31, 1965, 79 Stat. 1156; Pub. L. 91–24, § 5,June 11, 1969, 83 Stat. 33; Pub. L. 94–169, title I, § 106(41),Dec. 23, 1975, 89 Stat. 1019; renumbered § 1560 and amended Pub. L. 102–83, §§ 4(b)(4)(A), 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 107–296, title XVII, § 1704(d),Nov. 25, 2002, 116 Stat. 2315.)
2002—Subsec. (a). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
1991—Pub. L. 102–83, § 5(a), renumbered section 560 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 4(b)(4)(A), substituted “that Secretary” for second reference to “the Secretary”.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1562” for “562”.
1975—Subsec. (b). Pub. L. 94–169substituted “such person” for “himself” and “such person’s” for “his”.
1969—Subsec. (a). Pub. L. 91–24substituted “Department of Transportation” for “Department of the Treasury”.
1965—Subsec. (b). Pub. L. 89–311struck out requirement that prospective enrollees have attained the age of forty before being eligible for entry on the roll.
1964—Subsec. (b). Pub. L. 88–651substituted “forty years” for “fifty years” and “beyond the call of duty while so serving” for “beyond the call of duty—
“(1) while engaged in action against an enemy of the United States;
“(2) while engaged in military operations involving conflict with an opposing foreign force; or
“(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.”
1963—Subsec. (a). Pub. L. 88–77inserted references to Department of the Treasury and to Coast Guard.
Subsec. (b). Pub. L. 88–77enlarged the authority to enter and record names on the Medal of Honor Roll, which was limited to persons who served in the active military, naval or air service of the United States in any war, and who distinguished themselves by gallantry or intrepidity in action involving actual conflict with an enemy, to permit entering and recording names of persons who served on active duty in the Armed Forces of the United States distinguish themselves by gallantry and intrepidity while engaged in action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
1961—Subsec. (b). Pub. L. 87–138, § 1(a), reduced the age requirement for entry on the Medal of Honor Roll from 65 to 50 years and struck out requirement that such person must have received an honorable discharge.
Subsec. (c). Pub. L. 87–138, § 1(b), required applicants to indicate if they wished to receive the pension provided by section 562 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1975 Amendment
Pub. L. 94–169, title I, § 106,Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–311effective first day of second calendar month following Oct. 31, 1965, see section 9 ofPub. L. 89–311, set out as a note under section 1114 of this title.
Effective Date of 1961 Amendment
Pub. L. 87–138, § 4,Aug. 14, 1961, 75 Stat. 339, provided that: “The amendments made by this Act [amending this section and sections 561 and 562 [now 1561 and 1562] of this title] shall take effect on the first day of the first month which begins after the date of the enactment of this Act [Aug. 14, 1961], except that the amendments made by subsection (b) of the first section [amending subsec. (c) of this section] and by section 2 [amending section 561 [now 1561] of this title] shall not apply with respect to any application under section 560 [now 1560] of title 38, United States Code, made before such first day by any person who fulfilled the qualifications prescribed by subsection (b) of such section at the time such application was made.”