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Sunday, December 21, 2014

U.S. Court of Appeals issues strong decision in Purple Heart ABCMR case

Senior Circuit Judge
Harry T. Edwards
The United States Court of Appeals for the District of Columbia Circuit has issued a strong decision overturning a ruling of the Army Board for Correction of Military Records. The decision in Haselwander v. McHugh concerned an application by a soldier wounded in Vietnam to have his record corrected to show that he received a Purple Heart. The opinion by Senior Circuit Judge Harry T. Edwards includes a good summary of the law regarding judicial review of correction board decisions. Michael D.J. Eisenberg represented the appellant. The court described the ABCMR's decision as utterly unreviewable and lacking any coherence.

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