Federal · Title 10 — Armed Forces
10 U.S.C. § 1129: Purple Heart: members killed or wounded in action by friendly fire
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For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. A member described in this subsection is a member who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the member. This section applies to members of the armed forces who are killed or wounded on or after December 7, 1941 . In the case of a member killed or wounded as described in subsection (b) on or after December 7, 1941 , and before November 30, 1993 , the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before such date or for which an application is made to the Secretary in such manner as the Secretary requires. a description of the background of the Purple Heart; the eligibility criteria for awarding the Purple Heart; and contact information for the awards and decorations liaison of such Armed Force to facilitate confirmation, by a veteran or a veteran’s next of kin, whether a veteran was awarded the Purple Heart after December 31, 2002 .” For purposes of the award of the Purple Heart, the Secretary concerned (as defined in section 101 of title 10 , United States Code) shall treat a former prisoner of war who was wounded before April 25, 1962 , while held as a prisoner of war (or while being taken captive) in the same manner as a former prisoner of war who is wounded on or after that date while held as a prisoner of war (or while being taken captive). An award of the Purple Heart under subsection (a) shall be made in accordance with the standards in effect on the date of the enactment of this Act [ Feb. 10, 1996 ] for the award of the Purple Heart to persons wounded on or after April 25, 1962 . A person shall be considered to be a former prisoner of war for purposes of this section if the person is eligible for the prisoner-of-war medal under section 1128 of title 10 , United States Code. Failure of the applicant to provide any documentation as required by the Secretary shall not in itself disqualify the application from being considered. In evaluating the application, the Secretary shall consider (A) historical information as to the prison camp or other circumstances in which the applicant was held captive, and (B) the length of time that the applicant was held captive. To the extent that information is readily available, the Secretary shall assist the applicant in obtaining information or identifying the sources of information referred to in paragraph (2). The Secretary shall review a completed application under this section based upon the totality of the information presented, taking into account the length of time between the period during which the applicant was held as a prisoner of war and the date of the application.”
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