In case an individual who dies before the making of any award to which such individual may be entitled, as authorized in this chapter, the award may be made and presented within five years from the date of the act or service justifying the award to such next of kin as may have been designated by the individual, or in the absence of such designation, or if the designated individual is not alive at the time of the award, or the relationship between such individual and the serviceman shall have been terminated before his death, then to such representative as the President designates. In the event of a posthumous award when the award will be made to the parents of the deceased and the parents have been divorced or separated, a duplicate award may be made to each parent.
(Aug. 4, 1949, ch. 393, 63 Stat. 536, § 498; renumbered § 2743, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §§ 8505(a)(35), 8506(h), Jan. 1, 2021, 134 Stat. 4749, 4752.)
Historical and Revision NotesThis section sets forth the conditions under which posthumous awards can be made. It is substantially the same as conditions for the Navy, but has the added provision for duplicate awards in case the parents are divorced or separated (see title 34, U.S.C., 1946 ed., § 363). 81st Congress, House Report No. 557.
Editorial Notes
Amendments2021—Pub. L. 116–283, § 8506(h), struck out “distinguishes himself” before “dies” and substituted “such individual” for “he”.
Pub. L. 116–283, § 8505(a)(35), substituted “designated individual” for “designated person” and “individual and” for “person and”.
2018—Pub. L. 115–282 renumbered section 498 of this title as this section.