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EO 13758Executive OrderObama · D

Executive Order 13758

Amending Executive Order 11016 To Update Eligibility Criteria for Award of the Purple Heart

This executive order updates Purple Heart eligibility criteria to include attacks motivated by foreign terrorist organizations (post-9/11), friendly fire incidents during armed conflict, and clarifies that wounds must be severe enough to require treatment by a medical officer. It also explicitly excludes wounds or deaths resulting from a service member's willful misconduct.

Federal Register Open PDF 82 FR 5321

Impact dates

  1. Friendly fire eligibility retroactive to December 6, 1941

  2. Eligibility for foreign terrorist organization-motivated attacks effective

Key directives

  • Award Purple Heart for attacks motivated/inspired by foreign terrorist organizations after September 10, 2001 when targeting member due to military service (10 U.S.C. 1129a)
  • Award Purple Heart for friendly weapon fire after December 6, 1941 while directly engaged in armed conflict
  • Require wound severity to have 'been of such severity that it' required treatment by medical officer
  • Explicitly prohibit Purple Heart for wounds/deaths from willful misconduct
  • Posthumous awards extended to new categories with specific date thresholds

Who is ordered

Timeline

Immediate

  • New eligibility criteria take effect for future awards
  • Friendly fire and foreign terrorist organization attack provisions become active

Near term (90d)

  • Military departments update award procedures and guidance
  • Secretaries establish recognition processes for new categories

Long term

  • Retroactive applications for previously denied claims possible
  • Potential increase in Purple Heart awards for post-9/11 and historical friendly fire incidents

Risks & tensions

  • Secretary discretion on recognizing 'international terrorist attack' may create inconsistent application across departments
  • Retroactive friendly fire provision could generate significant backlog of claims dating to WWII
  • Severity standard ('been of such severity') vague—may require further regulatory clarification
  • Willful misconduct exclusion could lead to disputes over characterization of incidents
Executive Order 13758: Amending Executive Order 11016 To Update Eligibility Criteria for Award of the Purple Heart · Executive Orders