The President may award a distinguished-service cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Army, distinguishes himself by extraordinary heroism not justifying the award of a medal of honor—
(1) while engaged in an 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215, § 3742; Pub. L. 88–77, § 1(2), July 25, 1963, 77 Stat. 93; renumbered § 7272, Pub. L. 115–232, div. A, title VIII, § 808(b)(11), Aug. 13, 2018, 132 Stat. 1838.)
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