Since the Board of Correction is merely a delegation of the Secretary of the Army's authority, some suggest a separation of powers conflict, since even the president cannot contravene a clear statute. And although Cody's case was dealt with below the cabinet level the legal brief was written in conformance with the statutes. Modern Medal of Honor cases originating from the board, such as the recent case of Garlin Conner, required both executive action as well as a statutory waiver from Congress, which underscores the point that some cases might be in conflict with statutes.