Let us suppose a soldier in an Allied army (say, a British Army soldier or officer) was temporarily serving with US forces for some reason - an exchange program, or just because the circumstances are war are such that s/he is fighting with an American formation. In doing so, this soldier carries out acts of gallantry and valor of truly heroic proportions - absolutely Audie Murphy-level stuff, WAY above the standard for winning the Medal of Honor*.
Is is legally possible for this soldier to be awarded the Medal of Honor?
If not, could an act of Congress, or Presidential executive order, make it possible?
= It’s not really called the “Congressional Medal of Honor.”
(Substitute Army for the other services, covered in separate provisions of law.) So no, it cannot be awarded to someone serving in a foreign military; but could be awarded to a foreign citizen serving in the U.S. military.
The law could be amended by a subsequent law to do anything that the Congress and President agree to do.
ETA: it appears possible from the text of the statute that such a troop as described in the OP might be eligible for the distinguished service cross, as the law specifies that the award may be given “to a person who, while serving in any capacity with the Army.” I’m not sure of the precise definition of “any capacity with the Army.”
Given the constraints above, what is the highest military honor that can be awarded to foreign personnel (without new laws/rules or amendment to existing laws/rules)?
I believe the answer is typically no. You can be a non-citizen, but not a non-member of the U.S. military. But there has been one set of exceptions - a set of five national unknown solder awards awarded by an act of congress in 1921-1923 for the unknown solders of Britain, France, Belgium, Italy and Romania.
Service crosses apparently have been awarded to members of foreign militaries.
Individual soldiers (mainly officers) of the Canadian Forces have been given US awards such as the Bronze Star. This usually happens only if they are working in an exchange program or very closely, i.e. embedded, with US forces (or other foreign power). There’s a process to go through in order to accept the award involving the Dept. of External Affairs. If the government refuses permission and the foreign power insists, the soldier is directed to diplomatically accept the award but is not permitted to wear it.
It isn’t called the Congressional Medal of Honor but Congress is the awarding authority. The president presents it on behalf of the Congress. It takes an act of congress to award each one. An executive order can’t change that only a change in statute.
That is not true. awards are determined by each military service, not Congress.
You may be thinking of either the congressional gold medal, which is awarded to notable figures for general achievements in any field. Or you may be thinking of times in which a statute directs the military to reconsider awards after a certain amount of time has passed. The latter has been done quite a few times, perhaps most famously in the case of Senator Daniel Inouye, who was not awarded the CMOH for his actions in WW2 almost certainly because of race, but later received it in the late 1990s.
Some countries, including Britain for reasons of being mean, actively hinder their citizens from accepting or displaying foreign awards. So many non-Americans would be stopped from accepting this ( just as Knighthoods are given to many Americans but they don’t entitle themselves ‘Sir’ which is half the fun ).
Elizabeth I famously disapproved of Thomas Arundell of Wardour * being made a Count HRE by Kaiser Rudolf II.
*as a woman should not follow any man but her husband, so a Subject should not receive any thing but from his owne Prince. I would not my sheepe should be branded with anothers marke: neither would I have them to be at anothers call or whistle.
*
Then again, she was a dreary woman.
And of course many people personally won’t take awards from regimes they disapprove and graciously refuse. As far as the Medal of Honor is concerned, one British subject, Sir Harry Paget Flashman VC accepted it after fighting for both the Confederacy and then in the Union forces.
Arundel ( in Sussex ) is pronounced oddly enough more like arrandel, than the obvious arund-del. Now, anyway.
During World War II, when British troops were serving with Americans in North Africa, the Americans offered to award Purple Crosses to British soldiers who were wounded. Churchill in his memoirs says that the British turned the offer down, because they didn’t want some British soldiers to get an award based on the theatre they were in, while others in a different theatre weren’t eligible. (There was also an undertone to his comments about scepticism for getting an award just for being wounded in the line of duty.)
My brother was an Australian officer who was awarded a Bronze Star by the US following service on exchange with them in Afghanistan - he has authority from the Australian gov to wear the medal with his Australian service medals.
The award must be recommended within 2 years of the act or special consideration must be authorized by congress.
Yes I’m aware that congress does not conduct the lengthy investigation that goes into the recommendation. You are talking about the recommendation process which goes through each branch up through the branch secretary on through to the Secretary of Defense. The branches are the recommending authority. They are not the awarding authority. Each branch Secretary has the authority to disapprove but they only have the authority to recommend approval. The president has to sign off and approve. I misspoke when I said “act of congress” because it doesn’t need a separate resolution for each award. Congress has given the president approval authority through statute. It is not an inherent presidential power so congress could take it away through statute if they wished. The certificate itself reads, “This is to certify that the President of the United States of America authorized by Congress has awarded in the name of the Congress the Medal of Honor to…”
I think what he’s referring to is a soldier is obligated to wear their medals. They are not obligated to wear a stripe (at least not in the CF). This was a big deal here in Canada when the CF replaced the wound stripe with the Sacrifice Medal. There were quite a few members who objected because they didn’t want to be reminded of their injuries or didn’t want others to know they’d been injured. I.e. they didn’t have to wear the wound stripe but would have no choice but to wear the Sacrifice Medal.