Document Type

Article

Comments

The Joseph A. Chubb Competition Prize (J. Witt, R. Harrison, N. Messing) (for excellence in legal draftsmanship) for their motion in Shepherd v. McHugh This is a motion rather than a paper because the Chubb Prize honors documents that reflect good drafting (rather than documents about drafting.)

Abstract

John Shepherd served his country in Vietnam, where the U.S. Army recognized his bravery in combat by awarding him a Bronze Star with Valor Device—the Army’s fourth highest combat award. Yet the very same combat heroism that brought Mr. Shepherd acclaim left him permanently wounded by Post-Traumatic Stress Disorder (“PTSD”). In 1969, while still in Vietnam, he manifested the direct effects of this trauma: he became visibly confused, was unable to resume the fight, and displayed other strange behaviors. The Army did not diagnose or treat his psychological injuries. Rather than help to heal him, the Army expelled Mr. Shepherd with an Other Than Honorable discharge. In this action, Mr. Shepherd seeks judicial review of the 2006 and 2007 decisions of the Army Board for Correction of Military Records (“ABCMR”) denying him a discharge upgrade to General (Under Honorable Conditions), and asks this Court to correct the forty-year injustice of his Other than Honorable discharge.

Date of Authorship for this Version

2012

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