Grieving Father Sues Secretaries of Defense and Army to Award Purple Heart to Sgt. Joshua A. Berry for Injuries He Sustained in 2009 Terrorist Attack at Fort Hood, Texas

Judicial Watch

(Washington, DC) – Judicial Watch today announced it filed a lawsuit on behalf of Howard M. Berry, the father of the late U.S. Army Sgt. Joshua A. Berry, against the Secretaries of Defense and Army to award the Purple Heart to Sgt. Berry for injuries sustained in the 2009 international terrorist attack at Fort Hood, Texas (Howard M. Berry v. Ryan D. McCarthy, Acting Secretary of the Army and James Mattis, Secretary of Defense (No. 1:17-cv-02112)).

Judicial Watch points out:

Following the Fort Hood attack, the Secretary of Defense declined to recognize the mass shooting as an international terrorist attack against the United States. Instead, the attack was characterized as “workplace violence.” As a result, active duty service members injured in the attack were ineligible for the Purple Heart, among other awards and benefits.

In response, Congress enacted legislation in 2014 mandating that service members killed or wounded in an attack targeting members of the armed forces and carried out by an individual in communication with and inspired or motivated by a foreign terrorist organization be eligible for the Purple Heart….

The new lawsuit describes how Sgt. Berry was injured during the Ft. Hood terrorist attack:

On November 5, 2009, U.S. Army Major Nidal Hasan (“Hasan”) opened fire at Fort Hood, Texas, killing thirteen people and injuring more than 30 service members and civilians. Sgt. Berry was among the service members injured in the attack. Sgt. Berry was assigned to Headquarters and Headquarters Battery, 1st Battalion, 6th Field Artillery, at Fort Hood. He had deployed to Afghanistan for approximately a year in June 2008 and was at Fort Hood as part of a transition program following his return from deployment. He was one of the last soldiers awaiting redeployment to Fort Knox at the time of the attack.

The briefing room in Building 42004 had a set of metal double doors leading to the outside. In witness statements given to the U.S. Army Criminal Investigative Command (“CID”) and in a separate statement given to a Texas Ranger, Sgt. Berry estimated that Hasan fired 30-40 rounds outside Building 42004. Sgt. Berry told those around him to get down on the floor and stay away from the doors and windows. When Sgt. Berry heard gunshots hit the metal doors near him, he leaped over a desk to take cover and, in so doing, dislocated his left shoulder. He then heard Hasan trying to kick in the doors. According to a witness statement from another individual, Hasan fired three rounds at the briefing room doors.

Investigative photographs and sketches of the SRP center show the layout of buildings and the location of shell casings from the shots fired by Hasan. The photographs and sketches show a number of shell casings around the metal doors of the briefing room where Sgt. Berry was located during the shooting.

Following the attack, Sgt. Berry was admitted to the Carl R. Darnall Army Medical Center at Fort Hood on November 5, 2009, where his dislocated shoulder was surgically repaired.

The attending physician who admitted Sgt. Berry found that Sgt. Berry’s injury occurred during the mass shooting at the SRP center.

Sgt. Berry’s commander found the injury to have been incurred in the line of duty and documented that Sgt. Berry was a casualty of the mass shooting at the SRP center.

On November 6, 2009, Sgt. Berry was entered into the U.S. Army casualty reporting system with a diagnosis of shoulder dislocation as a result of the mass shooting at the SRP center.

A photograph of Sgt. Berry meeting with President Barack Obama at a November 10, 2009 memorial service at Fort Hood, included herewith as Exhibit A, shows Sgt. Berry’s left

arm in a sling.

By memorandum dated December 7, 2009, the Fort Hood Installation Adjutant General confirmed that Sgt. Berry’s shoulder dislocation occurred in the line of duty.

CID, the Texas Rangers, and the Federal Bureau of Investigation conducted a joint investigation of the shooting and subsequently found probable cause to believe Hasan committed the offense of attempted murder when he fired at Sgt. Berry.

On May 2, 2011, a Physical Evaluation Board found Sgt. Berry unfit for continued military service due to post-traumatic stress disorder, the shoulder injury received in the Fort Hood shooting, and degenerative arthritis of the spine. It recommended a combined disability rating of 80%.

On May 31, 2011, Sgt. Berry was released from active duty and placed on the temporary disability retired list.

On February 13, 2013, Sgt. Berry committed suicide. He was 36 years old. Sgt. Berry is survived by Plaintiff and a now 7-year old daughter.

At his August 2013 court martial, Hasan admitted to being influenced by Anwar Awlaki, chief propagandist for the al Qaeda in the Arabian Peninsula terrorist group.

On February 6, 2015, the Secretary of the Army announced that the Fort Hood attack met the criteria for awards of the Purple Heart. In its review of the mass shooting, the Army found sufficient evidence to conclude Hasan “was in communication with the foreign terrorist organization before the attack,” and that his radicalization and subsequent acts could be considered to have been “inspired or motivated by the foreign terrorist organization.”

The U.S. Army Decorations Board denied Mr. Berry’s application, for a posthumous award of the Purple Heart to his son. In April 2015, the Army awarded the Purple Heart to 47 servicemembers injured in the Fort Hood attack. Sgt. Berry was not among them.

On April 17, 2016, a three-member panel of the Army Board for Correction of Military Records recommended that all Army records concerning Sgt. Berry be corrected by awarding Sgt. Berry the Purple Heart. The panel found “[t]here is no question that [Sgt. Berry]’s injury met the basic medical criteria for award of the [Purple Heart].”

In the lawsuit, Judicial Watch asks the court to declare the Secretary of the Army’s October 28, 2016, decision to be arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with the law; to declare that the denial of Berry’s application was unsupported by evidence; and to prevent the Army from continuing to deny Sgt. Berry a Purple Heart.

“Sgt. Berry deserves the Purple Heart and the bureaucracy should stop obstructing his just cause,” said Judicial Watch President Tom Fitton. “Frankly, we can’t imagine that President Trump, President Obama or Secretary Mattis would disagree that Sgt. Berry should be posthumously awarded the Purple Heart for the injuries he sustained during the Ft. Hood attack.”

Confirmed: Progressive Gun Control Policy to Blame for Second Fort Hood Massacre

Gateway Pundit

In 2009 Islamist killer Nidal Malik Hasan, a U.S. Army major and psychiatrist, fatally shot 13 people and injured more than 30 others at Fort Hood Texas.
Fort Hood was a gun-free zone.

Hasan reportedly screamed, “Allahu Akbar!” as he committed his mass murder.
Fort Hood Victims
(Examiner)

Barack Obama termed this Islamic terrorist attack – workplace violence.
Complete lunacy.

After the first mass killing nothing changed. Fort Hood is still a gun-free zone. President Bill Clinton’s gun-free policies are still in place.

Last week there was another mass shooting at Fort Hood.
Soldiers were told to take cover and hide like cowards as a crazed gunman shot at least 14 Americans on base.
The shooter, Ivan Lopez, then shot himself in the head when he was confronted by a female security guard with a gun.

fort hood victims
Tribute: First Lieutenant Patrick Cook (left) posted his open letter onto Facebook on Monday night in which he praised Sergeant First Class Daniel Ferguson (right) and was deeply critical of authorities who insist on keeping military bases weapons-free zones. (Daily Mail)

On Monday First Lt. Patrick Cook, who was saved by a fellow soldier last week, penned a powerful letter after the shooting.
The Daily Mail reported:

In a powerful, open-letter a soldier whose life was saved by a brave colleague during the Fort Hood shooting has described the desperate attempts of his fellow brothers-in-arms to resuscitate him after he had been fatally wounded.

In the letter posted to Facebook, First Lieutenant Patrick Cook hails the ultimate sacrifice of Sgt. First Class Daniel Ferguson as he barricaded closed a door that wouldn’t lock – crucially keeping shooter Spc. Ivan Lopez outside.

In one horrific passage, Cook recalls how one week on he can still ‘taste the blood’ of Ferguson in his mouth only to then rage and demand the ‘God-given-right’ for soldiers to be armed on base to prevent another massacre happening again.

Here is First Lt. Patrick Cook’s Facebook post:

My letter to Congress, read today at Texas Senate committee on Constitutional Carry. It is now public record.

To my friends, fellow Texans, brothers in arms, members of the committee, and everyone within the sound of my voice, greetings.

My name is First Lieutenant Patrick Cook of the 49th Transportation Battalion, Fort Hood, Texas, and this past Wednesday I found myself trapped in an enclosed room with fourteen of my fellow Soldiers, one of whom was barricading the door against a madman with a .45 pistol when he was fatally shot. Through what I can only describe as a miracle, he somehow found enough strength to continue pushing against that door until the shooter gave up and went elsewhere, at which time he collapsed. Nearly a week later, I can still taste his blood in my mouth from when I and my comrades breathed into his lungs for 20 long minutes while we waited for a response from the authorities. This Soldier’s name was Sergeant First Class Daniel Ferguson, and his sacrifice loaned me the rest of my life to tell this story.

But I write to you today not to memorialize this brave Soldier, nor to tell a war story about how we made the best of a losing situation, but to express the part of that story that some in high positions of power clearly do not want told: I knew this was going to happen. I had been saying for five years that Fort Hood was a tinderbox of another massacre waiting to happen. It had to happen, because our betters failed to learn the obvious lesson of five years ago. Worse yet, I know it will happen again. More will die, more will be wounded, more families will be torn apart, needlessly. It happened again, and will happen again, because Fort Hood is a gun free zone.

When the first shots rang out, my hand reached to my belt for something that wasn’t there. Something that could have put a stop to the bloodshed, could have made it merely an “ugly incident” instead of the horrific massacre that I will surely remember as the darkest twenty minutes of my life. Stripped of my God-given Right to arm myself, the only defensive posture I had left was to lie prostrate on the ground, and wait to die. As the shooter kicked at the door, I remember telling myself, “oh well, this is it.” It is beneath human dignity to experience the utter helplessness I felt that day. I cannot abide the thought that anyone should ever feel that again.

Read the rest here.

Let’s hope politicians have the courage to do the right thing and end gun-free zones on military bases.

Duck and Cover

Moonbattery

Putting moonbats in charge of the government means putting them in charge of the military. As the Washington Navy Yard has proven and Fort Hood has proven twice, that means reducing the most powerful military in world history to this:

active-shooter-awareness

I’m told this is from an actual training slide. At this point in America’s Hopey Change decline into dysfunctional farce, I believe it.

 

Fort Hood Job Posting: “Seeking Individuals To Act As Role Players… In A Mass Casualty Exercise”

false-flag-pic

The Daily Sheeple

Speculation as to the circumstances surrounding the most recent mass shooting at Fort Hood abounds.

A recent posting on Craigslist is fueling the fire even more, with some suggesting that it is evidence of yet another government facilitated false flag operation.

According to a March 12, 2014 snapshot of a listing on the popular classifieds website, the government was looking for individuals to act as role players to participate in a “mass casualty exercise” scheduled for March 17, 18 and 19 and to be held on base at Fort Hood, TX. Contractors were to be paid $100 for their participation.

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Harry Reid Considering New Gun Control Vote After Ft. Hood Shooting…

 

Image

Weasel Zippers

Via Roll Call:

Senate Majority Leader Harry Reid, D-Nev., said the Wednesday shooting at Fort Hood made him wish that Congress would pass expanded background checks for gun purchases.

“As I was told today, this young man bought this gun a day or two before he killed these people,” Reid said. “Couldn’t we at least have background checks so that people who are ill mentally or felons shouldn’t be able to buy a gun? Even [National Rifle Association] members, the majority of them, support that.”

Reid could bring such a bill back to the floor this year.

“I would like to bring it back up; we need some more votes,” he said.

Susan Rice: No Successful Terror Attacks on U.S. Homeland Since 9/11…

Weasel Zippers

Errr, what about the Boston Marathon bombing and Ft. Hood massacre?

Via Jim Geraghty:

From “60 Minutes” last night:

Lesley Stahl: But when you have so many phone records being held, emails, heads of state’s phone conversations being listened in to, has it been worth our allies being upset? Has it been worth all the tech companies being upset? Has it been worth Americans feeling that their privacy has been invaded?

Susan Rice: Lesley, it’s been worth what we’ve done to protect the United States. And the fact that we have not had a successful attack on our homeland since 9/11 should not be diminished. But that does not mean that everything we’re doing as of the present ought to be done the same way in the future.

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Ft Hood Soldiers: Army Calls Christians & Tea Party “Terror Threats?”

Freedom Outpost
First, it was the American Family Association. Now, the full picture is  becoming much more clear. Even though the military denied such allegations of  labeling the AFA a “domestic hate group,” there is no question that this is a  lie. The Obama Administration’s full on assault on all things Christian in the  military is obvious, and well documented. In an October 17th briefing, two Ft.  Hood soldiers said Christians and the Tea Party were called out as “terror  threats,” and that anyone donating to these groups would be punished. How is  this not 100 percent believable?

dawn-of-the-muslim-brotherhoodFinally,  we’re getting down to the cold, hard truth. The Obama Administration’s war on  Christianity is a fact. The Administration is purging the military to create  “Obama’s Third Reich” of soldiers trained to hate Christians. And he’s also  targeting Christians specifically in the military by removing them from duty.  He  is reshaping our Armed Forces to be what he wants them to be; robots and  zombies  controlled by him.

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