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Executive Order 13723

Establishing the Inherent Resolve Campaign Medal

Ordered by Barack Obama on March 30, 2016

Summary

Establishes a military medal recognizing U.S. Armed Forces personnel who served in Iraq, Syria, or their adjacent waters and airspace from June 15, 2014 onward, until a date set by the Defense Secretary. Allows eligible recipients to choose between this new medal and the Global War on Terrorism Expeditionary Medal, but not both for the same service period.

Overview

Purpose and Scope

Executive Order 13723, issued by President Barack Obama, establishes the Inherent Resolve Campaign Medal. Its primary aim is to formally recognize the valor and sacrifice of U.S. military personnel who have served in Operation Inherent Resolve, particularly in Iraq and Syria. Established amidst ongoing military operations against ISIL, this order seeks to honor those who have contributed to curbing the influence of the terrorist organization in these regions since June 15, 2014.

Structure and Implementation

The order prescribes the Secretary of Defense to determine eligibility criteria and terminal dates for the medal's issuance. It also grants the Secretary of Homeland Security authority over such matters concerning the U.S. Coast Guard when it is not operating under the Department of the Navy. By this, the Executive Order establishes not only the creation of the medal but also delineates the administrative responsibilities for its distribution and the specifics regarding who can receive it, thus ensuring orderly recognition of service members’ contributions.

Relationship with Existing Awards

A vital component of this Executive Order is its relationship with the Global War on Terrorism Expeditionary Medal. The text explicitly provides that service personnel eligible for the Global War on Terrorism Medal, by virtue of their service in the relevant operational areas from June 15, 2014, to a yet-undefined future date, may also receive the Inherent Resolve Campaign Medal. However, they are entitled to receive only one of these awards for the same service period, thereby preventing duplicate recognition for identical periods.

Posthumous Recognition

The order acknowledges that some personnel who merit this recognition have paid the ultimate sacrifice. Thus, it allows for the medal to be awarded posthumously, providing due recognition to the families of the deceased military members who served in the operation. This provision reflects the administration’s sensitivity to the losses incurred by the Armed Forces and the need to honor those sacrifices appropriately.

Framework and Limitations

The order includes standard provisions ensuring that its implementation does not interfere with existing legal authority or budgetary operations. This clause ensures that while the medal recognizes individual contributions, the overarching priorities and legal frameworks governing defense operations remain unaffected. Thus, President Obama circumscribed the confines of recognition without disrupting existing policies and programs.

Legal and Policy Implications

Constitutional Underpinnings

The Executive Order exemplifies presidential powers conferred by the Constitution, specifically those arising from the President’s role as Commander in Chief. By issuing this order, President Obama exercised his constitutional authority to commend military service formally. It reflects the broad discretion presidents have in military affairs and the ceremonial recognition of service.

Interplay with Previous Legislation

This order builds on earlier legislative frameworks governing military distinctions and commendations, aligning with existing statutes that provide for the recognition of military service, such as the establishment of campaign medals. It effectively slots into an existing legal framework where campaign medals serve both as military honors and historical documentation of service in specific operations.

Policy Considerations

On a policy level, the Executive Order underscores the nuanced approach necessary in recognizing military service in specific theaters notably detached from prior conflicts. By distinguishing Operation Inherent Resolve from the broader Global War on Terror, it reflects a strategic decision to differentiate the fight against ISIL from other anti-terrorism efforts, thus shaping future acknowledgment of such campaigns in military and historical records.

Administrative Implications

The directive entails administrative processes to implement the award criteria effectively and manage the operational aspects of its distribution. This entails the development of precise regulations governing eligibility, contributing to a potentially increased bureaucratic burden on the Department of Defense and Homeland Security. These departments must balance this additional administrative function with their extant responsibilities.

Constraints and Clarifications

The Executive Order explicitly states that its provision does not create any enforceable rights, thereby insulating it from potentially becoming a source of legal claims against the government. This legal clarity preemively counters any attempts to litigate eligibility or entitlement, ensuring the awards remain symbolic military honors without becoming subject to broader legal disputes.

Who Benefits

Military Personnel

The most direct beneficiaries of Executive Order 13723 are the Armed Forces members who have served in the specified theaters of operation. By receiving institutional recognition through the Inherent Resolve Campaign Medal, these individuals gain acknowledgment for their service and sacrifices, which can bolster their morale and further their careers.

Veterans and Families

The order extends its benefits to veterans who participated in these operations. Receipt of official commendations such as this medal can amplify their standing within military networks and among veteran communities. For families of fallen service members, posthumous awards serve as a small yet significant act of gratitude and recognition of their loved one's valor and sacrifice, offering a semblance of consolation.

Diplomacy and Military Alliances

In a broader strategic context, the award highlights the U.S.’ commitment to Operation Inherent Resolve and can bolster international perceptions of the efficacy and resilience of American military interventions. Allied nations or partners closely involved in these operations may see this as a reaffirmation of the U.S.'s steadfastness and integrity in allied military operations.

Policy Makers and Historians

Policymakers and military historians benefit from the clarity this Executive Order brings to the narrative around Operation Inherent Resolve. By delineating this campaign from other counter-terrorism efforts, the order provides a clearer picture for future analysis and documentation, aiding historical accuracy and contributing to informed policy-making.

Defense Administration

From an administrative standpoint, the disciplines introduced by this Executive Order provide structured recognition parameters that aid administrative clarity and consistency. This structured approach in medal allocation helps preserve the integrity and solemnity of military distinctions, ensuring that commendations maintain their significance and prestige.

Who Suffers

Administrative Complexity

Although primarily beneficial, certain administrative sectors within the Department of Defense and Department of Homeland Security could experience challenges due to the increased workload tied to implementing this Executive Order. Establishing new regulations and managing the distribution of the new medal requires resources that might strain existing capabilities, particularly if not adequately funded or staffed.

Redundancy Concerns

Some may perceive the creation of a new campaign medal as redundant, considering the existence of the Global War on Terrorism Expeditionary Medal, potentially resulting in overlap and complications in veteran records and awards. This could lead to confusion or disputes over eligibility and entitlement among servicemen and families, especially concerning recognition for overlapping service periods.

Non-Inclusion of Certain Personnel

While the Executive Order recognizes a clear set of individuals, those engaged in supporting roles outside the specified operational schemas might not receive similar acknowledgment. Personnel who serve in adjacent but not directly acknowledged operations risk feeling overlooked, which can affect morale and perceptions of equity and fairness within the ranks.

Potential for Intra-Service Disputes

The exclusivity of awards and distinctions can sometimes lead to disputes within the military community. Individuals who perceive inequity in the distribution or eligibility criteria might voice concerns or objections, possibly leading to tension or dissatisfaction among service members who feel their contributions via other capacities or theaters went unrecognized.

Budgetary Constraints

The Executive Order limits its impact by adhering to the availability of appropriations, ensuring zero fiscal disruption but also exposing the potential limits of its applicability. Should budget constraints arise, distribution and recognition efforts could face delays or limitations, ultimately negating some positive intentions of acknowledgment and commemoration.

Historical Context

Context in the Obama Administration

Within the broader chronology of the Obama administration, Executive Order 13723 situates itself amidst robust counterterrorism efforts primarily focused on dismantling ISIL’s influence. President Obama's tenure focused on transitioning from large-scale military involvement by epitomizing strategic, precise interventions, as demonstrated through the Inherent Resolve campaign.

Military Honors Continuity

Historically, U.S. administrations have routinely employed military honors to recognize personnel valor adequately, tracing back to the Civil War era with the establishment of the Medal of Honor. This Executive Order follows that tradition, preserving continuity in formal recognitions for military personnel partaking in operations that are ambiguous in their onset or conclusion.

Impact on Global Military Campaigns

The medal reflects broader shifts in military recognition, emphasizing discrete theaters of combat rather than large, multi-decade wars. Whereas previous conflicts often entailed a broader singular narrative, post-9/11 military operations have been explicitly codified, rewarding distinct operations like Inherent Resolve, responding to changing warfare dynamics.

Administrative Trends

Under Obama, there was a noticeable administrative shift toward delineating counterterrorism operations with clear boundaries and operational objectives. This Executive Order mirrors a political strategy centered around defined action and accountability, departing from the ambiguities surrounding the earlier stages of the War on Terror.

Cultural and Political Impact

The issuance of the medal holds cultural significance, acknowledging the sacrifices and changes in life trajectories for military personnel involved in prolonged engagements and securing their place in the national memory. It not only immortalizes their contributions but aligns with the administration's broader political ethos of recognition and accountability in military engagements.

Potential Controversies or Challenges

Overlap with Global War on Terrorism Awards

The potential overlap with existing medals, such as the Global War on Terrorism Expeditionary Medal, opens the executive order to critique regarding redundancy and clarity of military honors. Distinct operational definitions might lead to disputes, particularly among veterans engaged in campaigns not clearly distinguishable by geographic limits or exact dates.

Congressional Commentary or Opposition

While largely ceremonial, Executive Order 13723 could provoke congressional scrutiny, particularly on monetary allocations or the necessity of establishing new military honors distinct from existing ones. Though unlikely to incite significant legislative resistance, it may spark dialogue on the efficiency or procedural operations surrounding military recognition.

Public Perception and Media Coverage

Media or public skepticism might arise questioning the need or efficacy of such distinctions during ongoing military conflicts. Discussions that trivialize or sensationalize such efforts could detract from its intended solemnity, especially if portrayed as a superficial political maneuver rather than genuine recognition of service and sacrifice.

Legal Disputes on Eligibility

Though the executive order is explicit in not creating enforceable rights, disputes might still arise regarding eligibility, particularly from those serving in gray areas of defined eligibility. Personnel or their advocates might attempt litigation to seek recognition, inadvertently compelling legal interpretations or setting precedent unintended by the order.

Impact on International Relations

This Executive Order's direct international implications remain limited, but symbolic recognition in regional conflicts has potential ripple effects. Allies involved in similar theaters might express concerns over U.S. foreign policy shifts, potentially extrapolating this order's presence as indicative shifts evocative of broader geopolitical strategies rather than isolated ceremonial acts.

Implications

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