Medal of Honor: History and Issues
Released: 2015-08-18T00:00:00

Members and staff of Congress often ask the Congressional Research Service to provide information concerning the awarding of the Medal of Honor (MoH). This report briefly describes the history of the MoH and the criteria and rules used in awarding the medal. The benefits that are made available to MoH recipients are listed. This report also describes the process involved in reconsidering an individual for receipt of the medal (including what assistance a Member may provide in this process). The applicable statutes concerning those improperly holding, trading, or selling the award as well as those who wrongly claim to be medal recipients are summarized. Some citations of those who have been awarded the MoH are provided as examples along with certain statistics describing the recipients. For recent official citations, see CRS Report RL30011, Medal of Honor Recipients: 1979-2014 , by [author name scrubbed] and CRS Report R43939, Medal of Honor Recipients in the 113th Congress: A Fact Sheet , by [author name scrubbed].

Background

Since its beginning, the practices for awarding the Medal of Honor have changed over time. Although not the first military award, the medal became one of the most popular and prestigious awards. As of this printing, 3,512 Medals of Honor have been awarded to 3,493 recipients. There have been 19 double recipients (14 for separate actions and 5 cases in which the Army and Navy Medals of Honor were awarded for the same action). Since World War I, there has been an implied reluctance to award the medal more than once to the same person. According to a U.S. Senate committee print on the Medal of Honor,

The Medal of Honor is the highest award for bravery that can be given to any individual in the United States of America. Conceived in the early 1860s and first presented in 1863, the medal has a colorful and inspiring history which has culminated in the standards applied today for awarding this respected honor.

In their provisions for judging whether a man is entitled to the Medal of Honor, each of the armed services has set up regulations which permit no margin of doubt or error. The deed of the person must be proved by incontestable evidence of at least two eyewitnesses; it must be so outstanding that it clearly distinguishes his gallantry beyond the call of duty from lesser forms of bravery; it must involve the risk of his life; and it must be of the type of deed which, if he had not done it, would not subject him to any justified criticism.

A recommendation for the Army or Air Force Medal must be made within 2 years from the date of the deed upon which it depends. Award of the medal must be made within 3 years after the date of the deed. The recommendation for a Navy Medal of Honor must be made within 3 years and awarded within 5 years.

Apart from the great honor which it conveys, there are certain small privileges which accompany the Medal of Honor....

The Medal of Honor is presented to its recipients by a high official "in the name of the Congress of the United States." For this reason it is sometimes called the Congressional Medal of Honor.

As a general rule, the Medal of Honor can be earned—by a deed of personal bravery or self-sacrifice above and beyond the call of duty—only while a person is a member of the American Armed Forces in actual combat with an enemy of the Nation. This was the case, for example, during World Wars I and II and the Korean conflict. However, the Navy Medal of Honor could be and has been on several occasions, awarded to noncombatants.

On a few, rare occasions, the Congress of the United States has awarded special Medals of Honor for individual exploits taking place in peacetime. Such a Medal of Honor was awarded Capt. Charles A. Lindbergh for his "heroic courage and skill as a navigator, at the risk of his life, for his nonstop flight in his airplane from New York to Paris, France, 20-21 May 1927." In peace or war, this medal is the highest decoration which can be given in any of the Armed Forces—Army, Navy, Marine Corps, Air Force, or Coast Guard.

During the Civil War, President Lincoln, in need of troops, awarded the medal to the members of a single regiment (the 27 th Maine Volunteer Infantry), as an inducement to keep them on active duty. Due to a clerical error, the entire unit (864 men) received the medal, despite the fact that only 309 men actually volunteered for extended duty (the rest went home). Others were awarded the medal under questionable circumstances. William F. (Buffalo Bill) Cody and others were awarded the medal although they were civilians serving with the military. Mary Edwards Walker, a contract surgeon (civilian) and the only woman to receive the medal, was allegedly awarded it during the Civil War to placate her after the termination of her contract with the Army.

In 1916, a board was created to determine eligibility for the award and to review the cases of those who had already received the award:

And in any case ... in which said board shall find and report that said medal was issued for any cause other than that hereinbefore specified the name of the recipient of the medal so issued shall be stricken permanently from the official Medal of Honor list. It shall be a misdemeanor for him to wear or publicly display such medal, and, if he shall be in the Army, he shall be required to return said medal to the War Department for cancellation.

All of the 2,625 medals awarded up to that time were considered by the board, and nearly one-third (911) were canceled. Most of these canceled awards constituted those issued to the 27 th Maine Volunteer Infantry. William Cody's and Mary Edwards Walker's awards were among those canceled.

In 1918, during U.S. participation in World War I, Congress decided to clear away any inconsistencies of the legislation which had grown around the Army medal and make a set of rules for its award....

[T]he provisions of existing law relating to the award of the Medals of Honor ... are amended so that the President is authorized to present, in the name of Congress, a Medal of Honor only to each person who, while an officer or enlisted man of the Army, shall hereafter, in action involving actual conflict with an enemy, distinguish himself conspicuously by gallantry and intrepidity at risk of his life above and beyond the call of duty.

Policies, regulations and guidance were provided to commanders throughout the following years concerning the medal for the Army as well as the other services. In many ways, these later awards were better documented. Such documentation served as a standard for the consideration of other deeds in awarding the Medal of Honor or other appropriate awards (e.g., the Silver Star, Bronze Star). Examples of citations of Medal of Honor awards are included in the Appendix .

Under current law:

The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who while a member of the Army [naval service—i.e., Navy, Marine Corps and Coast Guard—or Air Force], distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty—

(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.

Current Policy and Benefits

The following information is from the DOD Manual of Military Decorations & Awards : General Information, Medal of Honor, and Defense/Joint Decorations and Awards , Volume 1, including changes as of May 15, 2015. This section provides detail on the procedures involving recommendations for the MoH, presentation of the MoH, and courtesies and privileges afforded MoH recipients. In addition, see Figure 1 , which illustrates the general process from the instant a servicemember performs an act warranting recommendation of an MoH and is nominated through the chain of command (on the left side of the chart), and also the process involving congressional request for consideration (on the right side of the chart).

Procedures Involving Recommendations for the MoH8

The Secretary concerned shall establish procedures for processing recommendations for the award of the MoH in his or her Military Department.

(a) The Secretary of the Military Department concerned shall establish procedures for processing MOH recommendations in his or her Military Department. Minimally, MoH recommendations shall contain the endorsement of the Combatant Commander concerned and the Service Chief concerned.

(b) After required endorsements are obtained, MoH recommendations personally endorsed by the Military Department Secretary concerned will be forwarded to the Secretary of Defense through the Under Secretary of Defense for Personnel and Readiness USD(P&R). The USD(P&R) shall forward each MoH recommendation to the CJCS for endorsement prior to forwarding them to the Secretary of Defense.

(c) The MoH is governed by statutory time limits:

1. Army. In accordance with section 3744 of Title 10, United States Code, U.S. Army MoH recommendations must be entered formally into official channels within 3 years of the act warranting the recommendation, and awarded within 5 years.

2. Navy and Marine Corps. In accordance with section 6248 of Title 10, United States Code, Navy and Marine Corps MoH recommendations must be formally entered into official channels within 3 years of the act warranting the recommendation, and awarded within 5 years.

3. Air Force. In accordance with section 8744 of Title 10, United States Code, Air Force MoH recommendations must be entered formally into official channels within 3 years of the act warranting the recommendation, and awarded within 5 years.

4. All Military Departments. In accordance with section 1130 of Title 10, United States Code, a Member of Congress (MOC) can request consideration of a proposal for the award or presentation of a MOH not previously submitted in a timely fashion.

The process for restoration of a rescinded Medal of Honor is different. Since the rescissions during World War I, no other MoH awards have been rescinded. However, if a request for a restoration of a MoH were made, the process would be different than the procedures noted above. For those seeking restoration of the Medal of Honor, an appeal must be considered by the appropriate Board for Correction of Military Records. This appeal is requested via the President, a Member of Congress, or the Secretary of Defense. If the board recommends reinstatement, the decision is passed to the service Secretary and then, ultimately, to the President.

Presentation of the MoH10

According to the current DOD Manual of Military Decorations & Awards , the presentation of the MoH shall be made by the President of the United States, as the Commander-in-Chief, in a formal ceremony in Washington, D.C when applicable. Any premature public disclosure of information concerning recommendations, processing, and approval or disapproval actions is a potential source of embarrassment to those recommended and the federal government. Additionally, in the case of approved recommendations, it could diminish the impact of ceremonies at which the presentation is made. Therefore, to prevent premature disclosure, public comments should not be made on any MoH case under consideration. Accordingly, the processing of MoH recommendations shall be handled on a "FOR OFFICIAL USE ONLY" basis until the awards are announced officially or are presented. Pending MoH recommendations are pre-decisional and are exempt from public release under Freedom of Information Act (FOIA) requests.

Courtesies and Privileges Afforded MoH Recipients11

MoH recipients are entitled the following benefits:

1. Each recipient receives a monthly [$1,299.61] dollar pension from the Department of Veterans Affairs (VA). 2. Enlisted recipients who retire with 20 or more years of Military Service receive a 10-percent increase in retired pay, not to exceed the 75 percent maximum. 3. Recipients are issued a special MoH Travel and Identification Card signed by the Secretary of the Military Department. That entitles recipients who are not on active duty and not military retirees to use space available military air transportation. 4. Unlike [active duty and reserve] military personnel and retirees, MoH recipients may wear their uniforms at any time or place they choose. 5. Recipients who are not on active duty or a military retiree are issued a DOD Identification Card, as are their dependents. It authorizes them military commissary, post exchange, and theater privileges. All of the Military Departments, consistent with DOD policy, authorize use of morale, welfare, and recreation activities, including honorary club membership without dues are authorized pursuant to DOD instructions. 6. Children of MoH recipients are not subject to quotas if they are qualified and desire to attend one of the U.S. military academies. 7. MoH recipients receive invitations to attend Presidential inaugurations and accompanying festivities. Military recipients and those who are civil servants have traditionally been authorized administrative absence in lieu of chargeable leave to attend. 8. The VA provides a special engraved headstone for deceased recipients of the MoH. 9. MoH recipients should be accorded on-base billeting commensurate with the prestige associated with the MoH.

In 2000, Congress extended permissive health care benefits to MoH recipients and their dependents in the same manner as is currently available to military retirees and their dependents.

Congressional and Other Efforts to Award the Medal of Honor

Generally speaking, the originating request for military awards, including the MoH, is made by the military commander or other appropriate uniformed personnel. Those on the scene and/or those familiar with military operations are often considered to be in the best position to observe the individual actions and make the recommendation for award. Therefore, it is considered appropriate, that recommendations regarding this or other awards originate from those military personnel who are familiar with human behavior under the stress of combat situations.

In a number of instances, Members of Congress or others have urged the President to consider or reconsider an individual for the MoH. Over the years, Members of Congress have offered numerous bills for this purpose. Much of this legislation takes the form of extensive findings detailing the background, situation, and exploits concerned. Where important, special mention may be made of the reason(s) the MoH was not originally awarded (e.g., a presumption of racism, lost documents recently uncovered, etc.). The legislation then resolves that notwithstanding restrictions contained in Title 10 U.S. Code (i.e., restrictions pertaining to time limits), the President is "requested" to award the MoH. In certain cases, Congress has held hearings concerning the award. See Table 1 for a list of bills introduced in the current 114 th Congress (2015-2016) to award the MOH and Table A-3 for a list of bills introduced during the 113 th Congress (2013-2014).

The handling of these congressional requests, if and when forwarded to the services, varies depending on whether or not the individual was originally recommended by a military commander or uniformed personnel for the Medal of Honor. See also Figure 1 , involving congressional request for consideration (on the right side of the chart).

Generally speaking, the services will not favorably consider awarding the MoH unless the individual was originally recommended but did not receive the award because of extenuating circumstances (e.g., the paperwork was lost and only rediscovered, allegations exist that the individual's award was downgraded for reasons of racism, etc.). In nearly every case, specific findings of fact are required that the individual was originally recommended or that the downgrade to another type of award occurred under questionable, but verifiable, circumstances. In these cases, a review may be undertaken by the Board of Correction for Military Records (BCMR) of the appropriate military department. Following the findings of the BCMR, the decision is then passed to appropriate authorities for further and/or final consideration.

In cases where no original recommendation has been made, extensive and reliable findings of valid facts must be presented. In these instances, since there is no original record to "correct," the BCMR is not necessarily involved in the consideration process. Without an original recommendation, factual data supporting the award, and compelling reasons for it to be awarded at a later date, it is very unlikely that the MoH will be awarded. This is particularly so in cases where a great deal of time has passed and eyewitnesses cannot be found, or do not clearly remember the events in question.

Nevertheless, on numerous occasions, legislation has been introduced seeking to have the MoH awarded. The legislation is assigned to the appropriate committee/subcommittee. An executive comment is usually requested by the committee. In most cases, the executive comment proves unfavorable and the legislation is not reported out of committee.

In recent times, there have been a number of specific instances in which the MoH was awarded or reinstated outside of the statutory time limits. In one case, the award was renounced by a recipient. The following are examples of these instances.

For his actions in Vietnam on May 2, 1968, Master Sergeant Roy Benavidez, U.S. Army, was awarded the Distinguished Service Cross (the second-highest Army award for heroism below the MoH). His commander later recommended that the award be upgraded to the Medal of Honor. The upgrade was denied until a missing eyewitness was located in 1980. Then-President Jimmy Carter approved the upgrade on December 31, 1980. On February 24, 1981, newly elected President Ronald Reagan awarded Master Sergeant Benavidez the MoH.

The family of Marine Colonel Donald G. Cook (deceased) received his MoH award on May 16, 1980, for his services during captivity as a POW in North Vietnam from December 31, 1964, through his death on December 8, 1967. Information of his heroics was only obtained after the repatriation of other POWs. Colonel Cook's award was delayed in part because he had not been officially declared dead.

Then-President Carter awarded the medal to former Army Lieutenant Colonel Matt Urban on July 19, 1980, for his services during World War II. Urban's battalion commander promised to nominate him for the award but was killed in action. A review of Urban's records in 1978 revealed a copy of the proposed letter. There is no evidence, however, that the letter was received by the headquarters of the 9 th Infantry Division in Europe.

On July 29, 1986, Charles Liteky, a former Army chaplain in Vietnam, renounced his Medal of Honor in protest over U.S. policies in Central America. Liteky's is the only known case in which a Medal of Honor has been renounced.

On April 24, 1991, then-President George H. W. Bush awarded the MoH (posthumously) to Corporal Freddie Stowers, U.S. Army, for his services in World War I. Although African Americans had received the award for other conflicts, Stowers was, at the time, the only African American to be awarded the MoH for either World War. This presentation followed a review of the award by the Army into citation records to determine whether or not African Americans were treated fairly.

Perhaps one of the more contentious Medal of Honor awards involved the case of the Civil War civilian contract surgeon Mary Edwards Walker. She was awarded the Medal of Honor by President Andrew Johnson on November 11, 1865, for "services rendered during the war." She was a flamboyant and controversial character, and it has been argued that the award was made to placate her for being terminated by the Army. As with certain other medal recipients of her day, no specific act of heroism was cited for receiving it. Under the review panel's considerations, Dr. Walker's award was stricken because she was not a member of the Armed Forces and because her services did not involve "actual conflict with an enemy, by gallantry or intrepidity, at the risk of life, above and beyond the call of duty."

At the behest of distant relatives, some Members of Congress and then-President Carter contacted DOD on the matter. The Army Board for Corrections of Military Records ruled (with one dissent) that the decision to rescind the award was "unjust." Although the board noted that if it had not been for her sex, she would have been given a commission and her actions would have been those of a soldier, no specific act of gallantry or heroism was noted. In 1977, her medal was restored. The restoration remains highly contentious.

On September 12, 1980, then-President Carter awarded Anthony Casamento, a Marine Corps veteran of combat against the Japanese on Guadalcanal during World War II, the Medal of Honor. Lacking sufficient witnesses to attest to certain deeds, military officials argued that Casamento should be awarded only the Navy Cross. The President overruled the Pentagon (including the Secretary of Defense) and awarded the MoH. Critics contend that President Carter's action was timed for political effect, as the President awarded the medal just prior to an election-year appearance before the National Italian-American Foundation.

Following the example of the reinstatement of the award to Dr. Walker, relatives of William F. "Buffalo Bill" Cody sought reinstatement of his medal, in part on the grounds that since Dr. Walker's was reinstated, there existed a precedent for awarding the medal to civilians who served with the military. Cody was originally awarded the Medal of Honor on May 22, 1872, for his gallantry while serving as an Army scout on April 26, 1872, at the Platte River, Nebraska. At the request of a U.S. Senator serving as the counsel for a relative, the Board for Correction of Military Records recommended reinstatement of "Buffalo Bill" Cody's medal, citing in part the award of Dr. Walker. In June 1989, the U.S. Army Board of Correction of Military Records restored the award, and on July 8, 1989, two Senators announced the restoration of Cody's medal. Four others also had their medals reinstated by the board in June 1989: Amos Chapman [scout], William Dixon [scout], James B. Doshier [post guide], and William H. Woodall [scout].

Throughout the years, many efforts to award or reinstate the Medal of Honor have proven time-consuming and difficult. For example, advocates for Navy Seaman Doris (a.k.a. Dorie or Dorrie) Miller have sought for years to have his award upgraded to the Medal of Honor. During the Japanese attack on Pearl Harbor on December 7, 1941, while serving aboard the USS West Virginia as a mess attendant (one of the few jobs available to African Americans in the Navy at the beginning of World War II), Seaman Miller moved his mortally wounded captain to safety. He then proceeded to man a machine gun, successfully returning fire on the attacking Japanese. His heroics were initially ignored. After strong civil rights protests, he was given a letter of commendation. The letter of commendation was upgraded to the Navy Cross. A destroyer escort was later named in his honor. Legislative and other efforts to upgrade the Navy Cross to the Medal of Honor have proven unsuccessful. Noting that, at the time, no African Americans received the Medal of Honor during WWII, critics cite racism as a main reason for refusing Seaman Miller this honor.

The reluctance to upgrade awards to the Medal of Honor or to award it outright is generally based on efforts to award the medal to those truly deserving, to maintain the integrity of the award itself and the awards process in general, and to avoid "opening the floodgates" to retroactive requests for this and other awards and decorations. This reluctance has led many to feel that the system of awarding medals is overly restrictive and that certain individuals are denied earned medals.

It is noteworthy that two MoH awards have gone "unclaimed." A posthumous medal awarded to Navy Chief Peter Tomich in 1942 for heroism at Pearl Harbor was never claimed since there were no known relatives, and according to the Navy Museum curator, Edward M. Furgol, the 20 th century produced at least one other unclaimed MoH from 1904.

In the FY1996 National Defense Authorization Act, Congress enacted language that could significantly affect potential recipients. First, Congress waived the time limitation on any award or decoration for acts of valor during the Vietnam era for actions in the Southeast Asia theater of operations. Under this language, the Secretary concerned is instructed to review requests for consideration of awards/decorations, and to submit the following to the House National Security Committee and the Senate Armed Services Committee:

a summary of the request consideration, the findings resulting from the review, and the final action taken on the request for consideration.

Second, Congress waived the laws and regulations for awarding any decoration (including the Medal of Honor) for those so deserving who were serving in intelligence activities during the period January 1, 1940-December 31, 1990. The Secretary of each military department was instructed to review each request for the award of a decoration during a one-year period commencing February 10, 1996. This was later extended to February 9, 1998. The Secretary was further instructed to file a report with the House National Security Committee and Senate Armed Services Committee with respect to each request. The report was to contain

a summary of the request consideration, the findings resulting from the review, the final action taken on the request for consideration, and administrative or legislative recommendations to improve award procedures with respect to military intelligence personnel.

These actions were taken in consideration of the fact that the records regarding intelligence activities are sealed for many years. Protecting this information for intelligence reasons means that those involved in intelligence activities are often ineligible to receive the Medal of Honor. In other words, should a person serving in intelligence perform an act of heroism worthy of the MoH, it is unlikely that the information could be publicly acknowledged. If the information is ever declassified, it is usually years after the fact. This delay could well mean that the individual who performed the act of heroism would be ineligible for the medal because of time limits on making recommendations.

Third, Congress waived the time requirements and other restrictions and then asked the Secretary of the Army and the Secretary of the Navy to review the records relating to the award of the Distinguished Service Cross and Navy Cross, respectively, awarded to Asian Americans or Native American Pacific Islanders who served during World War II. The purpose of this review was to determine whether such awards should be upgraded to the Medal of Honor. The reasoning for this review was based on claims of discrimination towards Americans of Asian-Pacific descent during the war. (For example, many Americans of Japanese descent were relocated to internment camps during the war.) On October 12, 1998, the Army Center of Military History reported that Army historians had completed a two-year search for Asian-Pacific American recipients of the Distinguished Service Cross (DSC). The names of 104 Army recipients (including the late Senator Daniel K. Inouye) were forwarded to a board of senior officers for review. This board considered whether any of the forwarded recipients met the criteria for an upgrade to MoH. The list of those 22 Asian-Pacific Americans considered worthy of upgrading was then submitted to the President for final consideration. However, the Navy determined that its sole Asian-Pacific American DSC recipient did not merit upgrading. Proponents of the review/upgrade viewed this process as an overdue recognition of the heroics of these individuals long delayed by racism. Critics contend that the process was an act of "race-based political correctness" that diminished the value of the medal.

Finally, Congress included a section entitled, "Procedure for Consideration of Military Decorations Not Previously Submitted in Timely Fashion." Under this section:

(a) Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based on such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with subsection (b).

(b) Upon making a determination under subsection (a) as to the merits of approving the award or presentation of the decoration, the Secretary concerned shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives and to the requesting member of Congress notice in writing of one of the following:

(1)The award or presentation of the decoration does not warrant approval on the merits.

(2)The award or presentation of the decoration warrants approval and a waiver by law of time restrictions prescribed by law are recommended.

(3)The award or presentation of the decoration warrants approval on the merits and has been approved as an exception to policy.

(4)The award or presentation of the decoration warrants approval on the merits, but a waiver of the time restrictions prescribed in law is not recommended.

A notice under paragraph (1) and (4) shall be accompanied by a statement of the reasons for the decision of the Secretary.

Under this language, Members of Congress are able to directly request the Secretary to consider awarding military decorations. Although this allows Members to better serve their constituents as well as fulfill their constitutional duties in providing oversight, critics contend that it may unduly politicize the awards process.

In April 1996, despite restrictions on discussing awarding the Medal of Honor prematurely, the White House announced that it planned to award the medal to seven African American soldiers who fought in World War II. Although a number of Members of Congress had been working in favor of awarding certain of these individuals' medals, the White House announced that these awards would be forthcoming. On May 13, 1996, the Senate included a section in its version of the FY1997 National Defense Authorization Act waiving the time limits for awarding the Medal of Honor to

1. Vernon J. Baker, who served as a first lieutenant in the 370 th Infantry Regiment, 92 nd Infantry Division. 2. Edward A. Carter, who served as a staff sergeant in the 56 th Armored Infantry Battalion, 12 th Armored Division. 3. John R. Fox, who served as a first lieutenant in the 366 th Infantry Regiment, 92 nd Infantry Division. 4. Willy F. James, Jr., who served as a private first class in the 413 th Infantry Regiment, 104 th Infantry Division. 5. Ruben Rivers, who served as a staff sergeant in the 761 st Tank Battalion. 6. Charles L. Thomas, who served as a first lieutenant in the 614 th Tank Destroyer Battalion. 7. George Watson, who served as a private in the 29 th Quartermaster Regiment.

In the cases of living recipients Vernon J. Baker, Edward A. Carter, and Charles L. Thomas, their Medal of Honor pensions were awarded retroactively.

On January 20, 1998, President Clinton awarded retired U.S. Marine Corps Major General James Day the Medal of Honor for his heroism as a Marine corporal during the battle for Okinawa in 1945. The original paperwork for his award was lost. Faded carbon copies of the recommendation surfaced in a fellow Marine's memorabilia and served as the basis for going forward with the award.

Later in the same year, former U.S. Navy Hospital Corpsman Robert Ingram was awarded the Medal of Honor by President Clinton. Ingram's "comrades discovered at a 1995 reunion that he was alive and had never been decorated for his heroism." The Navy claimed to have lost the original paperwork. Following the congressionally mandated waiver of the time limits in November 1997, a review of Ingram's record resulted in the awarding of the medal.

In a symbolic gesture, then-President Reagan awarded the medal to the Vietnam veteran interred at the Tomb of the Unknowns in Arlington Cemetery in 1984. On May 14, 1998, the remains of the Vietnam veteran were exhumed. Advances in forensic identification using DNA testing allowed the military to positively identify the remains as those of Air Force 1 st Lieutenant Michael Blassie, an A-37 pilot who was killed in the battle of An Loc, Vietnam, on May 11, 1972. His remains were returned to his family in Missouri. Family members sought to retain the medal awarded in 1984 by then-President Reagan. The request to retain the medal was denied. "[I]n a letter to the family, Undersecretary of Defense Rudy de Leon said the Pentagon had decided that the medal had been a symbolic award to all servicemembers who lost their lives in the conflict and not to any individual servicemember."

The efforts of historians searching for cases justifying the presentation of the award to African American servicemembers in the World Wars, and the legislation allowing Congress to waive time restraints for such cases, unearthed a controversy regarding Theodore Roosevelt.

Under the time waiver Congress enacted in 1996, Representative Paul McHale introduced legislation requesting the President to award the MoH to then-Army Lieutenant Colonel Theodore Roosevelt for his actions on July 1, 1898, in the attack of San Juan Heights, Cuba, during the Spanish-American War. Representative McHale argued that the Medal was not awarded because of resentment generated as a result of Roosevelt's criticism of the War Department. Although it has been reported that the Army opposed presenting the MoH to Roosevelt, then-President Clinton signed the bill ( H.R. 2263 ) into law as P.L. 105-371 . Representatives of "Buffalo Soldiers" claimed that providing the award to Roosevelt would give him (Roosevelt) credit for "their success" in battle. Proponents contend this was an opportunity to amend a 100-year slight. Still others view this as the continuation of "identity politics" driving the awarding of the MoH.

Statutory Restrictions

In 1994, Congress passed P.L. 103-322 that stated in Section 320109. Military Medals and Decorations:

(a) In General.—Whoever knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title [18 U.S. Code §704] or imprisoned not more than six months or both.

(b) Congressional Medal of Honor.—

(1) In General.—If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

(2) Definitions.—(A) As used in subsection (a) with respect to a Congressional Medal of Honor, "sells" includes trades, barters, or exchanges for anything of value.

The discharge certificate (DD 214) of a recipient of the Medal of Honor carries a notation of this award.

Stolen Valor Act

The Stolen Valor Act of 2005 was signed into law by then-President George W. Bush on December 20, 2006 ( P.L. 109-437 ). The law made it a federal misdemeanor to falsely represent oneself as having received any U.S. military decoration or medal. If the decoration was the Medal of Honor, a defendant could be imprisoned up to one year if convicted. In 2007, Xavier Alvarez, an elected board member of a water district in Southern California, was charged with violating the law after stating at a public meeting that he was a recipient of the Medal of Honor after being wounded in action as a Marine. Alvarez declared that his remarks were protected speech under the First Amendment and that he should not be fined $5,000 for making a false claim.

On June 28, 2012, in United States v. Alvarez , the U.S. Supreme Court overturned the original Stolen Valor Act of 2005 (6-3 decision), deeming it unconstitutional because it was, in the Justices' opinion, too broad in scope and violated the right of free speech. Justice Anthony M. Kennedy, who wrote the court's opinion, said the act "would endorse government authority to compile a list of subjects about which false statements are punishable."

As a result of the Supreme Court decision, legislation was introduced in the 113 th Congress to protect the reputation and meaning of the decoration. On June 3, 2013, President Obama signed H.R. 258 , the Stolen Valor Act of 2013, into law ( P.L. 113-12 ). This law now makes it "a federal crime for an individual to fraudulently hold oneself out to be a recipient of any of several specified military decorations or medals with the intent to obtain money, property, or other tangible benefit." Violators could face up to a year in prison.

MoH Recipients in 2014

The National Defense Authorization Act (NDAA) for FY2002 ( P.L. 107-107 , §552) called for a review of Jewish American and Hispanic American veteran war records from WWII, the Korean War, and the Vietnam War to ensure those deserving the Medal of Honor were not denied because of prejudice. During the review, records of several soldiers of neither Jewish nor Hispanic descent were also found to display criteria worthy of the Medal of Honor. The 2002 act was amended to allow these soldiers to be honored with the upgrade. As a result of the review, 24 recipients were honored in 2014.

Valor 24

On March 18, 2014, President Obama presented Medals of Honor to 24 recipients, all Army and many of whom were overlooked initially due to bias because they were Hispanic, Jewish, or African American. He remarked that this was the single largest group of servicemembers to be awarded the Medal of Honor since the Second World War. For full detail on all 24 recipients from WWII, Korea, and Vietnam, see the Valor 24 website at http://www.army.mil/medalofhonor/valor24/ .

According to a White House press release on February 21, 2014, "these veterans received the Medal of Honor in recognition of their valor during major combat operations in World War II, the Korean War and the Vietnam War. Each of these Soldiers' bravery was previously recognized by award of the Distinguished Service Cross, the nation's second highest military award; that award will be upgraded to the Medal of Honor in recognition of their gallantry, intrepidity and heroism above and beyond the call of duty."

Living Recipients from Afghanistan and Iraq

Additionally, the President awarded Medals of Honor to living servicemembers of the recent conflicts in Iraq and Afghanistan. On May 13, 2014, President Obama presented the Medal of Honor to former Army Sergeant Kyle J. White for saving a soldier's life and helping evacuate other wounded soldiers during an ambush in Afghanistan in 2007. White received the Medal of Honor for his courageous actions during combat operations in Nuristan Province, Afghanistan.

On June 19, 2014, President Obama presented retired Marine Corporal William "Kyle" Carpenter the Medal of Honor during a ceremony in the East Room of the White House. Carpenter received the medal for taking the blast from a grenade to protect fellow Marines, sustaining major wounds that required over 40 surgeries to repair a collapsed lung, fractured fingers, a shattered right arm, and multiple skin grafts.

On July 21, 2014, President Obama awarded the Medal of Honor to Army Staff Sergeant Ryan M. Pitts. Pitts distinguished himself by extraordinary acts of heroism at the risk of his life while serving as a Forward Observer in 2d Platoon, Chosen Company, 2d Battalion (Airborne), 503d Infantry Regiment, 173d Airborne Brigade, during combat operations against an armed enemy at Vehicle Patrol Base Kahler in the vicinity of Wanat Village, Kunar Province, Afghanistan on July 13, 2008. Sergeant Pitts is the ninth and most recent living recipient of the Medal of Honor awarded for valor during combat in Afghanistan or Iraq.

Vietnam Veterans

On September 15, 2014, President Obama awarded Medals of Honor to Retired Army Command Sergeant Major Bennie G. Adkins and Army Specialist Four Donald P. Sloat for heroic actions in Vietnam. Adkins was present to receive his medal during the ceremony at the White House and Sloat's medal was awarded posthumously and accepted by his brother, Dr. Bill Sloat, on his behalf. As the President noted in his opening remarks, "sometimes even the most extraordinary stories can get lost in the fog of war or the passage of time. Yet when new evidence comes to light, certain actions can be reconsidered for this honor, and it is entirely right and proper that we have done so."

Civil War

The National Defense Authorization Act for FY2014 was signed into law on December 26, 2013, as P.L. 113-66 . Section 569 of this law authorized the award of the Medal of Honor to Union Army First Lieutenant Alonzo H. Cushing for acts of valor during the Civil War. Specifically, Cushing helped to stop the Confederate Army charge led by Major General George E. Pickett at the Battle of Gettysburg on July 3, 1863. On November 7, 2014, President Obama presented the medal to Helen Loring Ensign, who accepted the medal on behalf of Cushing, her first cousin twice-removed, during the White House ceremony. Also in attendance were other Cushing descendants and Margaret Zerwekh, 94, who researched Cushing's service in the Civil War and championed his cause for more than 30 years.

MoH Recipients in 2015

World War I

Section 572 of the National Defense Authorization Act for FY2015 was signed into law as P.L. 113-291 on December 19, 2014. It authorized award of the Medal of Honor to two members of the Armed Forces for acts of valor during World War I. This section waived the time limitation to award the MoH award to Army Sergeant William Shemin and Army Private Henry Lincoln Johnson. During WWI, Sergeant Shemin was awarded the Distinguished Service Cross, the nation's second-highest military honor. Private Johnson received the French Croix de Guerre and was awarded posthumously the Army Distinguished Service Cross in 2003.

On June 2, 2015, at a White House ceremony, President Obama presented Medals of Honor posthumously to Army Sergeant William Shemin and Army Private Henry Lincoln Johnson following the upgrade of their Distinguished Service Crosses to Medals of Honor.

President Obama presented Private Johnson's medal to Command Sergeant Major Louis Wilson, of the New York National Guard, who accepted the medal on Johnson's behalf. The President remarked, "We can't change what happened to too many soldiers like him, who went uncelebrated because our nation judged them by the color of their skin and not the content of their character. But we can do our best to make it right."

President Obama then presented Sergeant Shemin's medal to his daughters, Ina Judith Bass and Elise Shemin-Roth. He stated, "It takes our nation too long sometimes to say so—because Sergeant Shemin served at a time when the contributions and heroism of Jewish Americans in uniform were too often overlooked. William Shemin saved American lives and he represented our nation with honor." On June 3, 2015, both Sergeant Shemin and Private Johnson were inducted into the Pentagon's Hall of Heroes in a ceremony presided over by Deputy Defense Secretary Bob Work.

Legislation in the 114th Congress

See Table 1 for a list of bills introduced in the current Congress to award the Medal of Honor as of the date of this report.

In addition, other bills related to the Medal of Honor were also introduced:

H.R. 136 , the Camp Pendleton Postal Service in California, and H.R. 1521 , the Great Falls Armed Forces Readiness Center in Montana, would rename government facilities after MoH recipients; H.R. 272 , Medal of Honor Priority Care Act, would increase the priority for enrollment of MoH recipients in the health care system of the Department of Veterans Affairs; and H.R. 2559 , to designate a segment of Interstate Route 10 the "PFC Milton A. Lee Medal of Honor Highway" in Kendall County, Texas. This bill became P.L. 114-49 on August 7, 2015.

Additional Sources of Information

CRS Report RL30011, Medal of Honor Recipients: 1979-2014 .

CRS Report R43939, Medal of Honor Recipients in the 113th Congress: A Fact Sheet.

Congressional Medal of Honor Society at http://www.cmohs.org/

___ . Above and Beyond: A History of the Medal of Honor from the Civil War to Vietnam . Boston: Boston Publishing Company, 1985. 346 pages

___. United States of America's Congressional Medal of Honor Recipients and their Official Citations . Columbia Heights, Minnesota: Highland House II Publishers, 1994. 1119 pages

[Part III on pp. 951-1009 lists MoH Recipients by State, 1863-1980]

DOD, U.S. Military Awards for Valor at http://valor.defense.gov/

DOD Knowledge Base, Boards for Correction of Military Records at https://kb.defense.gov/app/answers/detail/a_id/386/~/boards-for-correction-of-military-records

Sammons, Jeffrey T. and John H. Morrow, Jr . Harlem's Rattlers and the Great War . Lawrence: University of Kansas Press, 2014. 616 pages

[Discussion of MoH campaign on behalf of Henry Johnson on pp. 464-6]

U.S. Congress, Senate Committee on Veterans' Affairs, Medal of Honor Recipients 1863-1978, committee print, 96 th Congress, 1 st sess ion , February 14, 1979, S. Committee Print No. 3 (Washington, DC: GPO, 1979).

U.S. Air Force Historical Support Division, Medal of Honor Recipients at http://www.afhso.af.mil/topics/factsheets/factsheet.asp?id=15196

U.S. Army, Valor 24 website at http://www.army.mil/medalofhonor/valor24/

U.S. Coast Guard, Book of Valor: A Fact Book on Medals and Decorations , 1945, 90 pages at http://www.uscg.mil/history/awards/docs/1945_USCG_BookOfValor.pdf [Douglas A. Munro is the only Coast Guardsman to receive the MoH, see pp.80-81]

U.S. Navy, Medal of Honor USN Recipients at http://www.navy.mil/moh/ [The Navy version is awarded to both the Navy and Marine Corps since they are both part of the Department of the Navy.]

Yockelson, Mitchell. "'I Am Entitled to the Medal of Honor and I Want It': Theodore Roosevelt and His Quest for Glory," National Archives, Prologue Magazine, Spring 1998, v ol. 30, n o. 1 at http://www.archives.gov/publications/prologue/1998/spring/roosevelt-and-medal-of-honor-1.html

Official Citation Samples, Statistics, and Legislation in the 113th Congress

Citations

Below are samples of official MoH citations. (An * asterisk indicates a posthumous award.) For citations of recent recipients, see CRS Report RL30011, Medal of Honor Recipients: 1979-2014 .

Coates, Jefferson

Rank and organization: Corporal, Company I, 14 th Michigan Infantry. Place and date: At Gettysburg, PA, 1 July 1863. Entered service at : Boscobel, Wis. Birth: Grant County, Wis. Date of issue: 29 June 1866. Citation: Unsurpassed courage in battle, where he had both eyes shot out.

Edgerton, Nathan H .

Rank and organization: Lieutenant and Adjutant, 6 th United States Colored Troops. Place and date: At Chapins Farm, VA, 29 September 1864. Entered service at : Philadelphia, PA. Birth: ____. Date of issue: 30 March 1898. Citation: Took up the flag after three color bearers had been shot down and bore forward, though himself wounded.

*Roosevelt, Theodore

Rank and organization : Lieutenant Colonel, U.S. Army. Place and date : At San Juan Hill, 1 July 1898. Date of issue : 16 January 2001. Citation : Lieutenant Colonel Theodore Roosevelt distinguished himself by acts of bravery on 1 July, 1898, near Santiago de Cuba, Republic of Cuba, while leading a daring charge up San Juan Hill. Lieutenant Colonel Roosevelt, in total disregard for his personal safety, and accompanied by only four or five men, led a desperate and gallant charge up San Juan Hill, encouraging his troops to continue the assault through withering enemy fire over open countryside. Facing the enemy's heavy fire, he displayed extraordinary bravery throughout the charge, and was the first to reach the enemy trenches, where he quickly killed one of the enemies with his pistol, allowing his men to continue the assault. His leadership and valor turned the tide in the Battle for San Juan Hill. Lieutenant Colonel Roosevelt's extraordinary heroism and devotion to duty are in keeping with the highest traditions of military service and reflect great credit upon himself, his unit, and the United States Army.

* Flaherty, Francis C .

Rank and organization: Ensign, U.S. Naval Reserve. Born: 15 March 1919, Charlotte, Mich. Accredited to: Michigan. Citation: For conspicuous devotion to duty and extraordinary courage and complete disregard of his own life, above and beyond the call of duty, during the attack on Pearl Harbor, by Japanese forces on 7 December 1941. When it was seen that the USS Oklahoma was going to capsize and the order was given to abandon ship, Ensign Flaherty remained in a turret, holding a flashlight so the remainder of the turret crew could escape, thereby sacrificing his own life.

* Gilmore, Howard Walter

Rank and organization: Commander, U.S. Navy. Born: 29 September 1902, Selma, Ala. Appointed from: Louisiana. Other Navy award: Navy Cross with one gold star. Citation: For distinguished gallantry and valor above and beyond the call of duty as Commanding Officer of the USS Growler during her Fourth War Patrol in the Southwest Pacific from 10 January to 7 February 1943. Boldly striking at the enemy in spite of continuous hostile air and anti-submarine patrols, Commander Gilmore sank one Japanese freighter and damaged another by torpedo fire, successfully evading severe depth charges following each attack. In the darkness of night on 7 February, an enemy gunboat closed range and prepared to ram the Growler . Commander Gilmore daringly maneuvered to avoid the crash and rammed the attacker instead, ripping into her port side at 17 knots and bursting wide her plates. In the terrific fire of the sinking gunboat's heavy machine guns, Commander Gilmore calmly gave the order to clear the bridge, and refusing safety for himself, remained on the deck while his men preceded him below. Struck down by the fusillade of bullets and having done his utmost against the enemy, in his final living moments, Commander Gilmore gave his last order to the officer of the deck, "Take her down." The Growler dived; seriously damaged but under control, she was brought safely to port by her well-trained crew inspired by the courageous fighting spirit of their dead captain.

* Bobo, John P.

Rank and organization: Second Lieutenant, United States Marine Corps Reserve, 3 rd Battalion, 9 th Marines, 3 rd Marine Division (Rein) FMF. Place and date: Quang Tri Province, Republic of Vietnam, 30 March 1967. Entered service at: Buffalo, N.Y. Date and place of birth: February 14, 1943, Niagara Falls, N.Y. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. Company I was establishing night ambush sites when the command group was attacked by a reinforced North Vietnamese company supported by heavy automatic weapons and mortar fire. Lieutenant Bobo immediately organized a hasty defense and moved from position to position encouraging the outnumbered Marines despite the murderous enemy fire. Recovering a rocket launcher from among friendly casualties, he organized a new launcher team and directed its fire into the enemy machine gun positions. When an exploding enemy mortar round severed Lieutenant Bobo's right leg below the knee, he refused to be evacuated and insisted upon being placed in a firing position to cover the movement of the command group to a better location. With a web belt around his leg serving as a tourniquet and with his leg jammed into the dirt to curtail the bleeding, he remained in this position and delivered devastating fire into the ranks of the enemy attempting to overrun the Marines. Lieutenant Bobo was mortally wounded while firing his weapon into the main point of the enemy attack but his valiant spirit inspired his men to heroic efforts, and his tenacious stand enabled the command group to gain a protective position where it repulsed the enemy onslaught. Lieutenant Bobo's superb leadership, dauntless courage, and bold initiative reflected great credit upon him and upheld the highest traditions of the Marine Corps and the United States Naval Service. He gallantly gave his life for his country.