Can a President Award Themselves the Medal of Honor?

The United States Medal of Honor is the highest military decoration a soldier can receive. It is a privilege that requires exceptional valor and acts of selflessness. A common question arises: Can a president award the Medal of Honor to themselves? The answer is no. Here’s why.

The Process of Awarding the Medal of Honor

The Medal of Honor for distinguished courage above and beyond the call of duty is awarded by the President of the United States, but not without strict protocols. The process involves a thorough review of the nominee’s actions, with self-nomination and independent military recommendation being mandatory. A key fact is that the president alone cannot award the medal; Congress must be involved.

Role of Congress and Military Officials

According to Section 3728 of Title 10 of the U.S. Code, the president must receive recommendations from a Board of Advisors and Congressional oversight to authorize the award. It's a highly regulated process to ensure that the medal is awarded only to those who meet the stringent criteria. Hence, a president cannot bypass this procedure and self-nominate themselves for the medal.

Eligibility and Criteria

To be eligible for the Medal of Honor, an individual must be a member of the U.S. Armed Forces, or a veteran. They must have distinguished themselves through acts of conspicuous gallantry and intrepidity at the risk of their lives, above and beyond the call of duty. These criteria apply to those who are serving or have retired, as well as veterans who have been engaged in combat. The Medal is not available to civilians, even if they are former military leaders.

Historical Context and Regulations

The current criteria for awarding the Medal of Honor were established during the Vietnam War in 1963. While previous presidents, such as JFK, might have been deserving of the honor, they did not award it to themselves. In precedents, a president would not have the authority to do so, as it goes against the established rule that requires a military recommendation and the approval of Congress.

Legislative and Procedural Requirements

Legally, the Medal of Honor involves several stringent requirements, including:

Time Limitations: The recommendation for the Medal must be submitted within 3 years of the valorous act, and the medal must be presented within 5 years. Any submissions outside of this timeline require an Act of Congress to waive the time limits. Thorough Documentation: There must be thorough reports on the act itself, its setting, and any compelling evidence. This includes at least two sworn eyewitness statements, often approved through the military command structure up to the President as the Commander-in-Chief. Congressional Approval: Because the Medal involves Congress, any self-nomination must be approved by Congress, making it virtually impossible for a president to award themselves the medal without violating the established processes.

Given this detailed framework and the legislative statutes, the possibility of a president self-awarding the Medal of Honor simply does not exist within the legal and procedural norms of the U.S. military honors system.

For those interested in the Congressional Medal of Honor, it is important to understand the extensive process, rigorous criteria, and the significant role of both the military and Congress in ensuring that the medal is awarded appropriately.