The President may award a Navy cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Navy or Marine Corps, 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.