Articles Posted in Military Law

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The circuit court did not abuse its discretion in concluding that the equities favored disinterment of the remains of Chester Howard West, a World War I Medal of Honor recipient, and granting the petition of Hershel Woodrow Williams. Williams filed a petition seeking authorization to disinter West’s remains and bury him with full military honors at the Gold Star Family Memorial Monument located within the Donel C. Kinnard Memorial State Veterans Cemetery in Institute, West Virginia. The circuit court granted the petition. The Supreme Court affirmed, holding (1) the circuit court had the authority under common law to rule on the question of disinterment of West’s remains, and W. Va. Code 29-1-8a did not preempt the circuit court’s common law jurisdiction; and (2) the equities favored disinterment. View "In re Remains of Chester Howard West" on Justia Law

Posted in: Military Law

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Respondents were five employees of the State covered by the Public Employees Retirement System who actively served in the United States military during several recognized periods of armed conflict and were honorably discharged from the military. Respondents sought military service credit available through W. Va. Code 5-10-15 based on their military service. The West Virginia Consolidated Public Retirement Board denied Respondents’ requests for military service credit for service occurring periods of armed conflict other than limited exceptions. On appeal, the circuit court ruled in favor of Respondents and granted each of their military service credit requests in full. The Supreme Court affirmed, holding that the circuit court did not err in holding that Respondents were entitled to the military service credit they sought. View "W. Va. Consolidated Pub. Ret. Bd. v. Wood" on Justia Law