[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR13.01-15]



[Page 63-64]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 13_DECORATIONS, MEDALS, RIBBONS AND SIMILAR DEVICES--Table of 

Contents

 

  Subpart 13.01_Gold and Silver Lifesaving Medals, Bars, and Miniatures

 

Sec. 13.01-15  Applications and recommendations.



    (a) All administrative details pertaining to the award of Lifesaving 

Medals are under the jurisdiction of the Commandant. Applications and 

recommendations for the award of a Lifesaving Medal may be filed by or 

in behalf of the person making or attempting a rescue under 

circumstances contemplated by the regulations in this subpart. 

Applications or recommendations for award of medals or requests for 

information pertaining thereto should be addressed to the Commander of 

the Coast Guard District, hereinafter called the District Commander, 

where the incident took place. (See part 3 of this subchapter for 

descriptions of Coast Guard Districts.) If the District is unknown, or 

if the incident took place outside any such district, applications and 

recommendations should be addressed to the Commandant, U.S. Coast Guard, 

Washington, D.C. 20593.

    (b) Completed applications must include:

    (1) Satisfactory evidence of the services performed, in the form of 

affidavits, made by eyewitnesses of good repute and standing testifying 

of their own knowledge. The opinion of witnesses that the person for 

whom an award is sought imperiled his or her own life or made signal 

exertions is not sufficient but the affidavits must set forth in detail 

all facts and occurrences tending to show clearly in what manner and to 

what extent life was risked or signal exertions made so that the 

Commandant may judge for himself as to the degree of merit involved.

    (2) The precise locality of the rescue or attempted rescue, whether 

from waters within the United States or subject to the jurisdiction 

thereof, or if the rescue or attempted rescue is outside such waters, 

whether one or the other of the parties is a citizen of the United 

States, or from a vessel or aircraft owned or operated by citizens of 

the United States, shall be stated. The date, time of day, nature of the 

weather, condition of the water, the names of all persons present when 

practicable, the names of all persons rendering assistance, and all 

pertinent circumstances and data, showing the precise nature and degree 

of risk involved, should be stated.

    (c) Recommendations must include:

    (1) As much of the information indicated in paragraphs (b) (1) and 

(2) of this section which is available to the person making the 

recommendation. Upon receipt the Commandant or the cognizant District 

Commander shall cause such recommendation to be referred to an 

investigating officer who shall cause to be developed such additional 

information and evidence as is deemed necessary to either (i) terminate 

the investigation as containing insufficient justification to continue



[[Page 64]]



further, or (ii) to complete the application for submission to the 

Commandant for his final determination.

    (d) Either the Commandant or the District Commander may, without any 

application or recommendation, of his own motion, order an informal 

investigation into such an incident under Chapter II, of the Coast Guard 

Supplement to the Manual for Courts-Martial (CG-241).

    (e) Affidavits required by this subpart shall be made before an 

officer duly authorized to administer oaths and if taken before an 

officer without an official seal, his official character must be 

certified by the proper officer of a court of record, under the seal 

thereof, unless the oath be taken before an officer of the Armed Forces 

authorized to administer oaths under the provisions of Article 136, UCMJ 

(10 U.S.C. 936).

    (f) Cognizant District Commanders shall act upon all applications 

and recommendations submitted to them from whatever source and shall:

    (1) Forward completed applications with his recommendations to the 

Commandant for his consideration and determination; or,

    (2) Inform the applicant or the person submitting the recommendation 

that he considers such application or recommendation incomplete together 

with the reasons therefor and that a period of 90 days will be allowed 

for additional evidence to be provided upon the expiration of which he 

will file the application or recommendation without further action.

    (g) Whenever the cognizant District Commander shall deem such action 

necessary, he may require that the aforementioned affidavits shall be 

accompanied by a certificate showing the affiants to be credible 

persons, certified by some U.S. Officer, such as a judge or clerk of a 

U.S. Court, district attorney, collector of customs, postmaster, or 

officer of the Armed Forces. If the affiant is a citizen or resident of 

a foreign country and if the affidavit is executed in such foreign 

country, the credibility certificate may be executed by an officer of 

such foreign country, who occupies an official position similar to the 

aforementioned U.S. officers.

    (h) The decision of the Commandant on all applications, 

recommendations, and investigations for the Gold or Silver Lifesaving 

Medals shall be final.