§ 578.117 - Foreign and International Decorations and Awards to U.S. Army Personnel—General.

(a) Guidelines. The provisions for receipt and acceptance, or prohibition thereof, of foreign decorations and badges outlined in this chapter apply to—

(1) Active Army, Army National Guard, and U.S. Army Reserve soldiers to include retirees regardless of duty status.

(2) All civilian employees of DA including experts and consultants under contract to DA.

(3) All spouses, unless legally separated and family members of the personnel listed in paragraphs (a)(1) and (2) of this section.

(b) The provisions for receipt and acceptance, or prohibition thereof, of foreign decorations and badges outlined in this chapter do not apply when:

(1) A foreign decoration is awarded posthumously. Such decorations and accompanying documents will be forwarded to Commander, USA HRC, (see § 578.3(c) for address), for delivery to next of kin.

(2) The recipient of a decoration dies before approval of acceptance can be obtained.

(3) A foreign decoration was awarded for service while the recipient was a bona fide member of the Armed Forces of a friendly foreign nation, provided the decoration was made prior to employment of the recipient by the U.S. Government.

(4) A decoration for service in the Republic of Vietnam was accepted on or after March 1, 1961, but not later than March 28, 1973.

(c) Restriction. No person will request, solicit, or otherwise encourage the tender of a foreign decoration. Whenever possible, personnel are obligated to initially refuse acceptance of foreign decorations.

(d) Constitutional restriction. No person holding any office of profit or trust under the United States will, without the consent of the Congress, accept any present, emolument, office, or title of any kind whatsoever from any king, prince, or foreign state. (Constitution, Article. I, section. 9) This includes decorations and awards tendered by any official of a foreign government.

(e) Congressional authorization. 5 U.S.C. 7342 authorizes members of the Army to accept, retain, and wear foreign decorations tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the Secretary of the Army.

(f) Participation in ceremonies. Subject to the restriction in, an individual may participate in a ceremony and receive the tender of a foreign decoration. The receipt of the decoration will not constitute acceptance of the award by the recipient.

(g) Disciplinary action. The wearing of unauthorized awards, decorations, or other devices is a violation of the Uniform Code of Military Justice and may subject a soldier to appropriate disciplinary action.