Author Topic: Judicial Watch Victory: Judge Orders Army to Reconsider Granting Purple Heart to Sgt. Joshua Berry f  (Read 3023 times)

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Offline Sanguine

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Washington, DC) — Judicial Watch announced today that U.S. District Court Judge Christopher R. Cooper issued an order stating that the Army must reconsider its decision denying a Purple Heart to Sgt. Joshua Berry for injuries sustained in the 2009 international terrorist attack at Fort Hood, Texas.

The August 22 order calls for the Army to reconsider its decision and to act appropriately. If the Army wishes to stick with the denial, it must sufficiently explain why Sgt. Berry is not entitled to the Purple Heart.

On remand, the Army, assuming it wishes to stick with its determination, must explain why Berry is not entitled to a Purple Heart and do so with sufficient clarity that “a court can measure” the denial “against the ‘arbitrary or capricious’ standard of the [Administrative Procedures Act].”

Judicial Watch on October 12, 2017, filed a lawsuit on behalf of Sgt. Berry’s father, Howard M. Berry, who is challenging the Army’s denial ...

https://www.judicialwatch.org/press-room/press-releases/judicial-watch-victory-judge-orders-army-to-reconsider-granting-purple-heart-to-sgt-joshua-berry-for-injuries-sustained-in-2009-fort-hood-terror-attack/?utm_source=deployer&utm_medium=email&utm_campaign=tipsheet&utm_term=members&utm_content=20180910224537

Workplace violence my a**.

Offline sneakypete

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Workplace violence my a**.

@Sanguine

The SOB doesn't deserve a Purple Heart because he wasn't wounded in combat by a declared enemy. He was shot by a fellow soldier committing criminal assault/attempted murder.
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Offline Bigun

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SORRY but no metal for Sgt. Berry.   Not for cheapening everything.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Sanguine

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Interesting.  I would not have expected that reaction from either of you.  Is it because he wasn't in a war zone?

Offline Bigun

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Interesting.  I would not have expected that reaction from either of you.  Is it because he wasn't in a war zone?

https://en.m.wikipedia.org/wiki/Purple_Heart
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Sanguine

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https://en.m.wikipedia.org/wiki/Purple_Heart

Not sure what part is relevant here, @Bigun?

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The Purple Heart is awarded in the name of the President of the United States to any member of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after April 5, 1917, has been wounded or killed.

Also, I found the JW story a little confusing.  Why was the father the one filing suit?
« Last Edit: September 11, 2018, 12:24:52 am by Sanguine »

Offline sneakypete

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Interesting.  I would not have expected that reaction from either of you.  Is it because he wasn't in a war zone?

@Sanguine

It's because he is trying to steal something that isn't his. The Purple Heart Medal is ONLY awarded to military members who are killed or wounded while in combat with an armed enemy. You don't get one if you are shot or killed by your fellow soldier because you didn't earn it any more than you would have earned one from being killed in an auto accident.

I will tell you how seriously this is taken. I was wounded twice in Laos by shrapnel from B-40 rockets,and didn't get a Purple Heart either time. One reason is I didn't put myself in for one or ask anyone else to put me in for one because the wounds were so minor they quit bleeding with a bandage. I still  have the scars,though.

Also,it would have taken the testimony of one of the guys with me that they witnessed me being wounded. You do NOT get a Purple Heart because YOU say you earned one. You get one because OTHER people were with you when you were wounded,they were witnesses to the wound,and they signed statements saying you were wounded while in combat with enemy forces. I would have been embarrassed to even ask for a witness statement over something so minor,so I didn't get one.

Even though I WAS wounded by enemy fire while in combat,in MY mind,I STILL didn't deserve one for wounds so minor they basically quit bleeding on their own. Not while I had friends getting arms and legs traumatically  amputated from machine gun fire hitting bones.

SOOOOO. Somebody tell that punk that "sympathy" is between shit and syphilis in the dictionary,and to look there if he feels like some sort of victum.
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Offline Bigun

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@Sanguine

It's because he is trying to steal something that isn't his. The Purple Heart Medal is ONLY awarded to military members who are killed or wounded while in combat with an armed enemy. You don't get one if you are shot or killed by your fellow soldier because you didn't earn it any more than you would have earned one from being killed in an auto accident.

I will tell you how seriously this is taken. I was wounded twice in Laos by shrapnel from B-40 rockets,and didn't get a Purple Heart either time. One reason is I didn't put myself in for one or ask anyone else to put me in for one because the wounds were so minor they quit bleeding with a bandage. I still  have the scars,though.

Also,it would have taken the testimony of one of the guys with me that they witnessed me being wounded. You do NOT get a Purple Heart because YOU say you earned one. You get one because OTHER people were with you when you were wounded,they were witnesses to the wound,and they signed statements saying you were wounded while in combat with enemy forces. I would have been embarrassed to even ask for a witness statement over something so minor,so I didn't get one.

Even though I WAS wounded by enemy fire while in combat,in MY mind,I STILL didn't deserve one for wounds so minor they basically quit bleeding on their own. Not while I had friends getting arms and legs traumatically amputated from machine gun fire hitting bones.

SOOOOO. Somebody tell that punk that "sympathy" is between shit and syphilis in the dictionary,and to look there if he feels like some sort of victum.

Guys in my outfit (and yours) suffered wounds worse than any of those John F'n Kerry suffered on a regular basis and never even went to the dispensary much less put themselves in for the Purple Heart. 
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Wingnut

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This guy must be a ferret faced Frank Burns type.   I remember on one episode where Frank slipped and hurt his back on the way to the latrine and put himself in for a PH. 
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Offline sneakypete

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Guys in my outfit (and yours) suffered wounds worse than any of those John F'n Kerry suffered on a regular basis and never even went to the dispensary much less put themselves in for the Purple Heart.

@Bigun

And none of them "wounded" themselves or put themselves in for one,either. Kerry got away with this because of his status as boat commander,and because of his connections to the Kennedy Crime Family.

He got his Silver Star the same way. He put himself in for it when HIS commanding officer was on leave,and he was the acting commanding officer that  had to sign approval for the award.

Kerry was never once wounded in combat.

Calling Kerry scum is insulting to real scum.
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Offline Bigun

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@Bigun

And none of them "wounded" themselves or put themselves in for one,either. Kerry got away with this because of his status as boat commander,and because of his connections to the Kennedy Crime Family.

He got his Silver Star the same way. He put himself in for it when HIS commanding officer was on leave,and he was the acting commanding officer that  had to sign approval for the award.

Kerry was never once wounded in combat.

Calling Kerry scum is insulting to real scum.

 :amen:  :beer:
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Wingnut

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Thank you "swiftboaters" 
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Offline ABX

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@Sanguine

It's because he is trying to steal something that isn't his. The Purple Heart Medal is ONLY awarded to military members who are killed or wounded while in combat with an armed enemy. You don't get one if you are shot or killed by your fellow soldier because you didn't earn it any more than you would have earned one from being killed in an auto accident.

I will tell you how seriously this is taken. I was wounded twice in Laos by shrapnel from B-40 rockets,and didn't get a Purple Heart either time. One reason is I didn't put myself in for one or ask anyone else to put me in for one because the wounds were so minor they quit bleeding with a bandage. I still  have the scars,though.

Also,it would have taken the testimony of one of the guys with me that they witnessed me being wounded. You do NOT get a Purple Heart because YOU say you earned one. You get one because OTHER people were with you when you were wounded,they were witnesses to the wound,and they signed statements saying you were wounded while in combat with enemy forces. I would have been embarrassed to even ask for a witness statement over something so minor,so I didn't get one.

Even though I WAS wounded by enemy fire while in combat,in MY mind,I STILL didn't deserve one for wounds so minor they basically quit bleeding on their own. Not while I had friends getting arms and legs traumatically  amputated from machine gun fire hitting bones.

SOOOOO. Somebody tell that punk that "sympathy" is between shit and syphilis in the dictionary,and to look there if he feels like some sort of victum.

As of March 1973, the criteria also expanded to cover a military member who was wounded in a terrorist attack. Not just in armed combat against an enemy force.

(Now this just adds to the question if this was a terrorist attack or workplace violence).

Offline Bigun

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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline verga

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In a time of universal deceit - telling the truth is a revolutionary act.
�More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction. Let us pray we have the wisdom to choose correctly.�-Woody Allen
If God invented marathons to keep people from doing anything more stupid, the triathlon must have taken him completely by surprise.

Offline Wingnut

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:amen:  :amen: and  :amen:

To this day the liberal press carries Kerry's water over the Vets who outed the traitor.
Setting the Record Straight on the Swift Boat Veterans

https://www.weeklystandard.com/mark-hemingway/setting-the-record-straight-on-the-swift-boat-veterans
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Offline verga

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https://en.m.wikipedia.org/wiki/Purple_Heart
U.S. Armed Services after April 5, 1917, has been wounded or killed. Specific examples of services which warrant the Purple Heart include any action against an enemy of the United States; any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; as a result of an act of any such enemy of opposing armed forces; or as the result of an act of any hostile foreign force.After March 28, 1973, it may be awarded as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack.
In a time of universal deceit - telling the truth is a revolutionary act.
�More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction. Let us pray we have the wisdom to choose correctly.�-Woody Allen
If God invented marathons to keep people from doing anything more stupid, the triathlon must have taken him completely by surprise.

Offline sneakypete

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As of March 1973, the criteria also expanded to cover a military member who was wounded in a terrorist attack. Not just in armed combat against an enemy force.

(Now this just adds to the question if this was a terrorist attack or workplace violence).


@AbaraXas

Well,HELL,why don't we just turn them into "attendance badges" and give everybody one?
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Offline ABX

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@AbaraXas

Well,HELL,why don't we just turn them into "attendance badges" and give everybody one?

I guess it all depends if you consider Islamic Terrorism the same as some postal employee getting pissed he didn't get a raise or an actual international effort engaged in war against our country. They are at war with us, no matter if you want to acknowledge it or not.

Offline Bigun

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@AbaraXas

Well,HELL,why don't we just turn them into "attendance badges" and give everybody one?

Cheapen everything seems to be the prevailing mood lately.  I'm not playing!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

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Offline Bigun

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So it is no longer 'about damned time'?

http://www.gopbriefingroom.com/index.php?topic=161851.0

http://www.gopbriefingroom.com/index.php?topic=161550.0

Killed and maimed at their home while forcibly unarmed by a terrorist! No different than if they had been in Afganistan!
« Last Edit: September 11, 2018, 02:44:06 pm by Bigun »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline sneakypete

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I guess it all depends if you consider Islamic Terrorism the same as some postal employee getting pissed he didn't get a raise or an actual international effort engaged in war against our country. They are at war with us, no matter if you want to acknowledge it or not.

@AbaraXas

So what? How was he fighting that terrorist by sitting in a audience at a military base in the US? Guess what,Bubba,if you were a truck driver injured in a wreck,helicopter or aircraft crewman injured by aircraft accident in a combat zone you didn't get a Purple Heart,either. To earn a Purple Heart you MUST have been wounded in combat against an armed enemy.

BTW,you know what is really behind this,right? Some of the REMF officers and senior NCO's that were there and who had spent their entire careers avoiding combat wanted to be awarded a Purple Heart to improve their promotion chances.

When the Purple Heart ceases being a combat only award,it will cease to have any meaning at all.
« Last Edit: September 11, 2018, 04:04:04 pm by sneakypete »
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Offline Hoodat

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@sneakypete @Bigun

Thank you both for your service.

If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.

-Dwight Eisenhower-


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Offline Bigun

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Thank you very much, Sir!  It was my pleasure.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien