SAN ANTONIO — Lawyers for 40 military personnel and civilians killed or wounded in an attack at the Fort Hood military post in Texas by a former Army psychologist filed a petition on Tuesday with the Pentagon asking it be declared an act of terrorism.

Attorney Neal Sher told Reuters the designation could make military personnel in the 2009 attack eligible for the Purple Heart medal and civilians eligible for the Medal for Defense of Freedom.





Certain military benefits could also be granted to individuals who are determined to have been wounded in the course of a terrorist attack, Sher said.

Then Maj. Nidal Hasan, an American-born Muslim, opened fire on unarmed soldiers preparing for deployment on Nov. 5, 2009, killing 13 people and wounding 32 others in what he later called retaliation for United States wars in the Muslim world.

Hasan, now on the military’s death row, said during his trial that he was motivated by al-Qaida, Taliban and other groups considered by the U.S. as supporting terrorist activities.

Sher said new language in the 2015 National Defense Authorization Act allows the secretary of defense to determine if an attack was motivated by a foreign terrorist organization. The final decision on who receives military decorations is up to the Department of Defense.

“As far as we’re concerned, it would just be outrageous for them not to give these people the award,” he said.

A Pentagon spokesman said the military is looking at how the Fort Hood attacks and other incidents that have come after the Sept. 11, 2001 attacks fit its criteria.

“We anticipate a determination on all such incidents, including the attack at Fort Hood in 2009, in the near future,” Pentagon Spokesman Lt. Cmdr. Nate Christenson, a Pentagon spokesman, said in an email.