Background on Systematic Reviews

Shaw University's Study on the Exclusion of Black Soldiers for the Medal of Honor in WWII

In 1993, Secretary of the Army John Shannon commissioned an independent study into the lack of African American World War II Medal of Honor recipients with researchers and historians convened at Shaw University, a historically black college, in Raleigh, North Carolina. The Shaw Report has inspired the delayed investigation, recommendation, and nomination, of 30 more WWII veterans (with 22 veterans awarded the MOH in 2000, 7 in 2014, and 1 in 2018) over the last 23 years, and is the first large-scale review of minority veterans to ever take place.

Title V, Subtitle C, Section 524 of the 1996 NDAA

1996 WWII Asian American Systematic Review, led by Sen. Daniel Akaka;

 

“SEC. 524. REVIEW REGARDING UPGRADING OF DISTINGUISHED SERVICE CROSSES AND NAVY CROSSES AWARDED TO ASIAN- AMERICANS AND NATIVE AMERICAN PACIFIC ISLANDERS FOR WORLD WAR II SERVICE.

(a) REVIEW REQUIRED.—(1) The Secretary of the Army shall review the records relating to each award of the Distinguished- Service Cross, and the Secretary of the Navy shall review the records relating to each award of the Navy Cross, that was awarded to an Asian-American or a Native American Pacific Islander with respect to service as a member of the Armed Forces during World War II. The purpose of the review shall be to determine whether any such award should be upgraded to the Medal of Honor.

(2) If the Secretary concerned determines, based upon the review under paragraph (1), that such an upgrade is appropriate in the case of any person, the Secretary shall submit to the Presi- dent a recommendation that the President award the Medal of Honor to that person.

(b) WAIVER OF TIME LIMITATIONS.—A Medal of Honor may be awarded to a person referred to in subsection (a) in accordance with a recommendation of the Secretary concerned under that sub- section without regard to—

(1) section 3744, 6248, or 8744 of title 10, United States Code, as applicable; and

(2) any regulation or other administrative restriction on— (A) the time for awarding the Medal of Honor; or (B) the awarding of the Medal of Honor for service

for which a Distinguished-Service Cross or Navy Cross has been awarded.

(c) DEFINITION.—For purposes of this section, the term ‘‘Native American Pacific Islander’’ means a Native Hawaiian and any other Native American Pacific Islander within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).”

 

This review merited the upgrade of 20 individuals to the Medal of Honor, received in 2000. Two others required supplementary legislation- bringing the total to 22.

Title V, Subtitle F, Section 552 of the 2002 NDAA

Review of Jewish and Hispanic American WWII, Korean War, and Vietnam War Veterans;

 

“SEC. 552. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CER- TAIN JEWISH AMERICAN AND HISPANIC AMERICAN WAR VETERANS.

(a) REVIEW REQUIRED.—The Secretary of each military depart- ment shall review the service records of each Jewish American war veteran or Hispanic American war veteran described in sub- section (b) to determine whether that veteran should be awarded the Medal of Honor.

(b) COVERED JEWISH AMERICAN WAR VETERANS AND HISPANIC AMERICAN WAR VETERANS.—The Jewish American war veterans and Hispanic American war veterans whose service records are to be reviewed under subsection (a) are the following:

(1) Any Jewish American war veteran or Hispanic American war veteran who was awarded the Distinguished Service Cross, the Navy Cross, or the Air Force Cross before the date of the enactment of this Act.

(2) Any other Jewish American war veteran or Hispanic American war veteran whose name is submitted to the Secretary concerned for such purpose before the end of the one- year period beginning on the date of the enactment of this Act.

(c) CONSULTATIONS.—In carrying out the review under sub- section (a), the Secretary of each military department shall consult with the Jewish War Veterans of the United States of America and with such other veterans service organizations as the Secretary considers appropriate.

(d) RECOMMENDATION BASED ON REVIEW.—If the Secretary concerned determines, based upon the review under subsection (a) of the service records of any Jewish American war veteran or Hispanic American war veteran, that the award of the Medal of Honor to that veteran is warranted, the Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.

(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of Honor may be awarded to a Jewish American war veteran or Hispanic American war veteran in accordance with a recommendation of the Secretary concerned under subsection (d).

(f) WAIVER OF TIME LIMITATIONS.—An award of the Medal of Honor may be made under subsection (e) without regard to— (1) section 3744, 6248, or 8744 of title 10, United States

Code, as applicable; and

(2) any regulation or other administrative restriction on—

(A) the time for awarding the Medal of Honor; or

(B) the awarding of the Medal of Honor for service for which a Distinguished Service Cross, Navy Cross, or Air Force Cross has been awarded.

(g) DEFINITION.—For purposes of this section, the term ‘‘Jewish American war veteran’’ means any person who served in the Armed Forces during World War II or a later period of war and who identified himself or herself as Jewish on his or her military personnel records.”

 

The same NDAA was altered to expand the parameters of the review, resulting in the “Valor 24”, being awarded in 2014.