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10 U.S.C. § 9251 - U.S. Code - Unannotated Title 10. Armed Forces § 9251. Presentation of United States flag upon retirement

Current as of January 01, 2024 | Updated by FindLaw Staff

(a) Presentation of flag. --Upon the release of a member of the Air Force or the Space Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member.

(b) Multiple presentations not authorized. --A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

(c) No cost to recipient. --The presentation of a flag under this section shall be at no cost to the recipient.

Cite this article: FindLaw.com - 10 U.S.C. § 9251 - U.S. Code - Unannotated Title 10. Armed Forces § 9251. Presentation of United States flag upon retirement - last updated January 01, 2024 | https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-9251/

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News Release

Opm issues final regulations on flag recognition benefit for fallen civilian employees.

Washington, DC - The U.S. Office of Personnel Management (OPM) today issued the final regulations on the Flag Recognition Benefit for Fallen Federal Civilian Employees. The final regulations, published in the Federal Register, bestow an American flag to the beneficiaries of Federal civilian employees who lose their lives while serving the public.

“Authorizing agencies to present an American flag to the families or friends of the fallen is another way for us to pay tribute to their loved one’s service and to their dedication to this great country,” said OPM Director Katherine Archuleta. “I am inspired by America’s finest men and women who honorably serve our nation and I encourage all agencies to take pride in recognizing those Federal employees who have made the ultimate sacrifice. We must remember the Federal employees throughout the nation and the world who lose their lives while serving the American public.”

The law authorizes the head of an executive agency to give a United States flag to the beneficiary of an employee who dies of injuries sustained in connection with employment in the Federal Government as a result of a criminal act, an act of terrorism, a natural disaster, or other circumstance as determined by the President. The final regulations describe eligibility requirements and procedures for flag requests.

Although these final regulations are not effective until 30 days after publication, agencies do not need to wait to present flags to beneficiaries. In order to receive a flag, beneficiaries must contact the personnel office of the Federal agency where the employee worked. The benefit applies only to employees who died on or after December 20, 2011, the effective date of the enabling statute, the Civilian Service Recognition Act of 2011. The law authorizes an agency to furnish only a single flag on behalf of a deceased Federal civilian employee as a way to express the nation’s deepest sympathy and gratitude.

OPM issued the regulations after receiving input from stakeholders and coordinating with the Department of Defense and the Department of Homeland Security. They may be viewed on the Federal Register .

The U.S. Office of Personnel Management (OPM) is the leader in workforce management for the federal government. Our agency builds, strengthens, and serves a federal workforce of 2.2 million employees with programs like hiring assistance, healthcare and insurance, retirement benefits, and much more. We provide agencies with policies, guidance, and best practices for supporting federal workers, so they can best serve the American people.

42 U.S. Code § 214 - Presentation of United States flag upon retirement

Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer.

An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

The presentation of a flag under this section shall be at no cost to the recipient.

A prior section 214, acts July 1, 1944, ch. 373, title II, § 213, 58 Stat. 689 ; Apr. 27, 1956, ch. 211, § 2(a), 70 Stat. 116 , authorized allowances for uniforms, prior to repeal by Pub. L. 87–649, § 14b , Sept. 7, 1962 , 76 Stat. 499 . See section 415 of Title 37 , Pay and Allowances of the Uniformed Services.

Section applicable with respect to releases from service described in section on or after Oct. 1, 1999 , see section 652(d) of Pub. L. 106–65 , set out as a note under section 12605 of Title 10 , Armed Forces.

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COMMENTS

  1. 10 USC 9251: Presentation of United States flag upon retirement

    §9251. Presentation of United States flag upon retirement (a) Presentation of Flag.-Upon the release of a member of the Air Force or the Space Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.-A member is not eligible for a presentation of a flag under subsection (a) if the member ...

  2. 10 U.S. Code § 9251

    Pub. L. 106-65 substituted "under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement." for "under this section or section 3681 or 6141 of this title or section 516 of title 14."

  3. 10 U.S.C. § 9251 (2022)

    Citation: 10 U.S.C. § 9251 (2022) Section Name §9251. Presentation of United States flag upon retirement: Section Text (a) Presentation of Flag.—Upon the release of a member of the Air Force or the Space Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member.

  4. 9251

    10 U.S.C. § 9251 - U.S. Code - Unannotated Title 10. Armed Forces § 9251. Presentation of United States flag upon retirement. ... member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c) No ...

  5. 10 USC 9251

    United States Code. § 9252. Service credit: regular enlisted members; service as an officer to be counted as enlisted service. § 9251. Presentation of Flag .—. Upon the release of a member of the Air Force or the Space Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member.

  6. §7251. Presentation of United States flag upon retirement

    §7251. Presentation of United States flag upon retirement (a) Presentation of Flag.-Upon the release of a member of the Army from active duty for retirement, the Secretary of the Army shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.-A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented ...

  7. 10 U.S. Code § 7251

    Pub. L. 106-65 substituted "under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement." for "under this section or section 6141 or 8681 of this title or section 516 of title 14."

  8. 10 U.S.C. 3681

    Title 10 - ARMED FORCES Subtitle B - Army PART II - PERSONNEL CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS Sec. 3681 - Presentation of United States flag upon retirement

  9. 10 U.S. Code § 8261

    Pub. L. 106-65 substituted "under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement." for "under this section or section 3681 or 8681 of this title or section 516 of title 14."

  10. 10 U.S.C. 6141

    Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 561 - MISCELLANEOUS RIGHTS AND BENEFITS Sec. 6141 - Presentation of United States flag upon retirement

  11. 10 U.S.C. § 9251 (2020)

    Citation: 10 U.S.C. § 9251 (2020) Section Name §9251. Presentation of United States flag upon retirement: Section Text (a) Presentation of Flag.—Upon the release of a member of the Air Force or the Space Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member.

  12. 10 U.S.C. § 7251 (2018)

    Citation: 10 U.S.C. § 7251 (2018) Section Name §7251. Presentation of United States flag upon retirement: Section Text (a) Presentation of Flag.—Upon the release of a member of the Army from active duty for retirement, the Secretary of the Army shall present a United States flag to the member.

  13. 10 USC 8261: Presentation of United States flag upon retirement

    §8261. Presentation of United States flag upon retirement (a) Presentation of Flag.-Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.-A member is not eligible for a ...

  14. §3681. Presentation of United States flag upon retirement

    §3681. Presentation of United States flag upon retirement (a) Presentation of Flag.-Upon the release of a member of the Army from active duty for retirement, the Secretary of the Army shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.-A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented ...

  15. 10 USC 6141: Presentation of United States flag upon retirement

    §6141. Presentation of United States flag upon retirement (a) Presentation of Flag.-Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.-A member is not eligible for a ...

  16. 33 U.S. Code § 3076

    (a) Presentation of flag upon retirement Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer. (b) Multiple presentations not authorized

  17. 10 USC 8681: Presentation of United States flag upon retirement

    §8681. Presentation of United States flag upon retirement (a) Presentation of Flag.-Upon the release of a member of the Air Force from active duty for retirement, the Secretary of the Air Force shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.-A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been ...

  18. OPM Issues Final Regulations on Flag Recognition Benefit for Fallen

    Washington, DC - The U.S. Office of Personnel Management (OPM) today issued the final regulations on the Flag Recognition Benefit for Fallen Federal Civilian Employees. The final regulations, published in the Federal Register, bestow an American flag to the beneficiaries of Federal civilian employees who lose their lives while serving the ...

  19. §214. Presentation of United States flag upon retirement

    42 USC 214: Presentation of United States flag upon retirementText contains those laws in effect on August 13, 2024. From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 6A-PUBLIC HEALTH SERVICESUBCHAPTER I-ADMINISTRATION AND MISCELLANEOUS PROVISIONSPart A-Administration. Jump To: Source Credit Miscellaneous Prior Provisions Effective Date. §214.

  20. Section 3681

    §3681. Presentation of United States flag upon retirement (a) Presentation of Flag.—Upon the release of a member of the Army from active duty for retirement, the Secretary of the Army shall present a United States flag to the member. (b) Multiple Presentations Not Authorized.—A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been ...

  21. 42 U.S. Code § 214

    (a) Presentation of flag Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer.

  22. 10 U.S.C. § 3681 (2017)

    Citation: 10 U.S.C. § 3681 (2017) Section Name §3681. Presentation of United States flag upon retirement: Section Text (a) Presentation of Flag.—Upon the release of a member of the Army from active duty for retirement, the Secretary of the Army shall present a United States flag to the member.