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References & Cases

  • In July and August 2014, an Army Officer was facing a reduction from 70% on the Temporary Disability Retired List to 20% with an administrative separation, through Mr. Sheldon's efforts the officer was permanently retired with a 70% disability.

  • In July, 2014, an Air Force Captain facing multiple charges at an Article 32 hearing, including assault with a deadly weapon upon a superior commissioned officer. Mr. Sheldon successfully advocated for the Air Force to dismiss the charges and the officer is being medically retired from the service.

  • In July 2014, Mr. Sheldon litigated a contested sexual assault case at the Washington Navy Yard. After a week long trial before officer members, the accused, a Lieutenant Commander with 17 years of service, was found Not Guilty of all charges and specifications.

  • In June and July 2014, Mr. Sheldon represented a Marine Lieutenant Colonel facing an Article 32 hearing for False Official Statements, Conduct Unbecoming and dereliction of duty. Through Mr. Sheldon's efforts the case was resolved at non judicial punishment and the officer was retired honorably.

  • The Law Offices of David P. Sheldon assisted a former Navy physician in successfully applying for a state medical license. More than a decade ago, the physician was subjected to a peer review panel that made adverse privileging recommendations that were rejected by the cognizable authority who reinstated the physician’s privileges without restriction. Nonetheless, the ordeal left its mark and presented red flags for a state medical licensing board considering the physician’s application to practice medicine. The Board requested several explanations and significant amounts of documentation, much of which the physician did not possess due to the passage of time. Despite these obstacles, the Law Offices of David P. Sheldon were able to gather the documentation from the Navy through repeated, targeted requests. They were further able to assist the physician in explaining complicated Navy procedures to the licensing board that left no doubt the physician was a competent provider who should receive a license without hesitation.

  • Soldier facing imminent administrative discharge. Through Mr. Sheldon's efforts, the discharge action was terminated and Mr. Sheldon was able to have the soldier's security clearance reinstated.

  • On March 10, 2014, the Air Force Board for Correction of Military Records (AFBCMR) issued a favorable ruling on an application submitted by Mr. Sheldon on a former Air Force member’s behalf. Due to unfortunate events, the member had earlier submitted a voluntary request for separation and resigned his commission when he otherwise would have been entitled to disability processing. Mr. Sheldon submitted an application to the AFBCMR requesting, in part, that the member be retroactively placed on the Temporary Disability Retired List (TDRL) so he could be processed as if he had had not prematurely separated. The AFBCMR concurred, exercising its broad equitable authority and correcting the member’s records to show that, rather than being discharged, he had incurred a physical disability and was placed on the TDRL. The changes to his record entitled the individual to several years of back pay and other potential monetary benefits that he was not otherwise receiving. The AFBCMR’s decision emphasizes the importance of seeking relief before military correction boards and the power they have to remedy errors and injustices in service members’ records. The decision is available here.

  • In October and November 2013, Mr. Sheldon represented a midshipman accused of 10 counts of arson at the United States Naval Academy. Because of zealous representation by Mr. Sheldon and the midshipman’s military attorneys, the Navy dropped all charges against the midshipman and he received a General (under honorable conditions) discharge characterization.

  • Through Mr. Sheldon's efforts, in September, Army Personnel Command rescinded a show cause board for an Army Lieutenant Colonel facing a BOI for misconduct. The officer will remain on active duty.

  • Through Mr. Sheldon's efforts, in August, 2013, a Marine officer who was facing a BOI, was allowed to retire from the Marine Corps early thereby preserving his retirement income.

  • Through Mr. Sheldon's efforts in the Spring of 2013, charges of assault against a Marine at MCB Quantico, Virginia were dropped prior to trial. The Sergeant will separate from the Marine Corps with an Honorable Discharge.

  • In January 2013, through Mr. Sheldon's efforts, an Air Force Major General who faced a grade determination board for two substantiated Inspector General findings, was retired in grade without reduction by the Secretary of Defense.

  • In December 2012, through Mr. Sheldon's representation, the Board for Correction of Naval Records ruled in favor of a Navy lieutenant who had been discharged under Don't Ask, Don't Tell. The BCNR ordered the Navy to allow the lieutenant to re-commission and ordered the expungment of any adverse documents in the lieutenant's Official Military Personnel File.

  • In December 2012, Mr. Sheldon, who had represented an Army lieutenant for several years, was able to get the Army officer placed on the Permanent Disability Retired List at 30%, thereby guaranteeing him health care and benefits for the rest of his life. The officer had been previously convicted of involuntary manslaughter due to the officer's intoxication. Nonetheless, because of Mr. Sheldon's efforts the officer will receive an Honorable discharge and will permanently receive all benefits.

  • In November 2012, Mr. Sheldon negotiated a plea of guilty for a Coast Guard member who was convicted of fraud and obstruction of justice. After extended negotiations, the member received only a sentence of 15 days confinement after and was discharged with a General under Honorable Conditions as a result of the pretrial agreement Mr. Sheldon secured.

  • In November 2012, a Captain (0-6) in the Public Health Service received a 60-day sentence to confinement for possession and use of cocaine and for driving a vehicle while drunk/impaired. The officer faced 12 years in jail, a dismissal and loss of all pay and allowances. Most importantly, the officer will retire from the Public Health Service thereby securing him pay and benefits for the remainder of his life.

  • In December 2012, at a vigorously contested General Court-Martial of an Army soldier in Kaiserslautern, Germany, the soldier was conceited of rape in violation of Article 120, UCMJ, 10 U.S.C. § 920. The soldier only received 12 months of confinement and a bad conduct discharge, however, the soldier is appealing the case because of clear error established under Mr. Sheldon's careful watch.

  • In October 2012, Mr. Sheldon represented a Marine at Marine Corps Base Quantico, Virginia who was accused of an extensive history of domestic violence and with driving under the influence of alcohol. Through Mr. Sheldon's efforts, the Marine was separated with a General Under Honorable discharge, thereby guaranteeing the Marine would receive his VA benefits.

  • From June 2011 to October 2012, Mr. Sheldon represented an Air Force Major General in a federal district court action that alleged negligence on behalf of health care providers at then Walter Reed Army Medical Center. After successfully defeating two motions filed by the Army seeking dismissal of the case, Mr. Sheldon negotiated a six-figure settlement. In addition, the Army apologized to the Major General.

  • In October 2010, Mr. Sheldon represented a PHS officer who had been discriminated against. After filing an EEO complaint and proceeding through both the informal and formal process, settlement was reached. The officer was reassigned to a better job, her FLAG on promotion was lifted, a Letter of Reproval was removed from her record, and she received high rankings on her COER for her previous assignment.

  • In an October 2010 decision, the Air Force Board for Correction of Military Records ruled in favor of one of Mr. Sheldon's clients, an Air Force Tech Sergeant who had been wrongfully discharged. The Board ruled that the Tech Sergeant should have been placed on the Permanent Disability Retired List. He was awarded back pay and allowances since his discharge in 2006.

  • In July 2010, Mr. Sheldon represented a Navy physician who was facing a Show Cause Board after serving 18 years in the military. By a vote of 2-1, the Board ruled in the Navy physician's favor finding that his performance was not substandard, that he did not commit misconduct and that he should be retained in the Navy.

  • In April 2010, Mr. Sheldon represented a service member regarding the wrongful death of his wife overseas. The financial recovery was $650,000.00. While nothing could compensate the service member and his family, the monies allowed the retired member to provide for his family and his daughters educational expenses.

  • In May 2010, as lead counsel for a Public Health Service officer in the matter of Castaneda v. Hui, Mr. Sheldon won a 9-0 decision before the United States Supreme Court. The decision upheld that Public Health service officers are immune from liability under federal law.

  • In February 2010, Mr. Sheldon successfully defended student facing disenrollment from an Army ROTC program at Carroll College in Helena, Montana. The student was not disenrolled from the program and was allowed to obtain his commission even though he had admitted to purchasing and using marijuana on Spring Break.

  • In October 2009, Mr. Sheldon obtained an acquittal for a Marine accused of indecent acts and assault at Marine Corps Recruit Depot.

  • In July, 2009, Mr. Sheldon obtained a complete acquittal of a Marine at Camp Lejeune, North Carolina. The Marine had been charged with assault and fraternization.

  • In January 2009, Mr. Sheldon obtained a landmark decision in the Court of Appeals for the District of Columbia Circuit on behalf of a Vermont National Guard soldier who can now sue for damages because his Privacy Act rights were violated.

  • On January 14th and 15th 2009, Mr. Sheldon represented a staff sergeant (select) who was accused of fraternization and indecent assault. After a contested trial before officer and enlisted members the Marine was acquitted of all charges and promoted to staff sergeant.

  • On January 22nd 2009, before the Physical Evaluation Board, Mr. Sheldon represented a Public Health Service Officer. After a contested hearing, the officer was retired permanently-the officer was to be separated with severance and now because of Mr. Sheldon's efforts the officer will received retired pay and benefits for the remainder of her life.

  • After Mr. Sheldon filed an application before the Army Board for Correction of Military Records challenging the Army's recoupment of educational expenses from an Army physician in the amount of $65,000.00, the Army subsequently ceased all recoupment action and paid all monies back that has been wrongfully seized from the officer.

  • On February 17, 2009, the Navy and Marine Corps Court of Criminal Appeals, set aside the findings and sentence of a Marine Sergeant wrongfully accused of rape. The Marine is scheduled to be promoted to Gunnery Sergeant.

  • In November 2008, Mr. Sheldon settled a Privacy Act case on behalf of a Army National Guard soldier. The soldier received ninety thousand dollars as an award for the violation.

  • In November 2008, Mr. Sheldon represented an Army officer who had received an Other Than Honorable Discharge. After litigating the case, the Discharge Review Board upgraded his discharge to Honorable. In October, 2008, through Mr. Sheldon's efforts, a Reserve member of the Army was discharged honorably after applying to the Delay and Exemption Board on the basis of hardship and because he was deemed a "key employee."

  • On June 30, 2008, through Mr. Sheldon's advocacy, the 5th Circuit Court of Appeals reversed a Texas Death penalty case in a strong rebuke, finding that the death row inmate's constitutional rights had been violated. Hall v. Quarterman, link to decision, which is attached. This is Mr. Sheldon's second consecutive win for Texas death row inmates.

    In August 2008, again because of Mr. Sheldon's efforts, a First Lieutenant, who faced expulsion from medical school, was allowed to graduate. The First Lieutenant will now begin his internship in surgery.

  • In May 2008, through Mr. Sheldon's efforts an Army Major's non judicial punishment was removed from his OMPF and the Board for Correction of Military Records deemed the officer should be considered by a Special Selection Board.

  • In May 2008, through Mr. Sheldon's efforts, an Army Majro was placed on the Permanent Disability Retirement List at 70%. The officer had previously been rated at 30%.

  • In May 2008, through Mr. Sheldon's efforts, An Army Specialist at Fort Dix, New Jersey received non judicial punishment for possessing child pornography after charges were dismissed prior to the Article 32 hearing.

  • In April and May 2008, Mr. Sheldon settled two wrongful death claims that obtained recoveries in excess of 1 million dollars.

  • In March 2008, Mr. Sheldon represented a Lieutenant Colonel in the United States Army who was charged with false official statement, failing to report contacts with foreign nationals, fraud, and adultery. Through Mr. Sheldon's efforts the matter was resolved at non judicial punishment and the officer was retired.

  • In January 2007, a Navy Petty Officer's security clearance, which had been recommended for revocation, was reinstated after a hearing before an Administrative Law Judge in Jacksonville, Florida. Mr. Sheldon and Ms. Danette Dugan, his principal assistant, represented the Navy Petty Officer. His mother and his fiancée attended the hearing in support of him as well as his commanding officer, his senior chief, and several other officers in the command.

  • In December 2007, Mr. Sheldon successfully defended a Navy Chaplain convicted of forcible sodomy and aggravated assault (having unprotected sex with another male without disclosing his HIV status). The Navy Chaplain was sentenced to 12 years in the brig, but Mr. Sheldon had negotiated a plea agreement that capped confinement at 24 months.

  • In October 2007, successfully obtained the waiver of a $75,000.00 recoupment action on behalf of a Naval officer.

  • In a three day contested court-martial at Fort Gordon, Georgia from September 11-14th, 2007, before a panel of officer and enlisted service members, a Drill Sergeant who Mr. Sheldon represented was acquitted of all charges after a four day trial. The Drill Sergeant had been charged with one count of aggravated assault, two counts of maltreatment, and one count of dereliction of duty.

  • Obtained a favorable decision on behalf of an Air Force officer before the Board for Correction of Military Records, removing a stigmatizing reason for discharge (personality disorder) and a separation code for favorable ones.

  • Through Mr. Sheldon's work, a Reserve Army soldier being activated to serve in Iraq was discharged honorably for hardship reasons in June 2007.

  • On June 12-13, 2007, at a general court-martial before officer and enlisted members at Fort Belvoir, Virginia, Mr. Sheldon and Ms. Gilcrest obtained the acquittal of a soldier who was charged with attempted rape and assault with intent to commit rape.

  • On June 5, 2007, Mr. Sheldon successfully represented a Naval officer before the Navy Physical Evaluation Board. The officer initially was found "fit for duty." The formal board found the officer disabled and placed him on the Temporary Disability Retired List at 40 percent. The officer will receive 50 percent of his base pay and allowances tax free.

  • In April, 2007, at Marine Corps Base, Quantico, Virginia, Mr. Sheldon obtained an acquittal for a Marine facing two charges, aggravated assault on a NCOIC and disrespect of the same.

  • After two Article 32 hearings at Camp Pendleton, California were held in November 2006 and January 2007, charges against a Marine Corps 1LT were withdrawn and the matter referred to NJP based upon Mr. Sheldon's defense in April, 2007. The allegations centered on events of Marines accused of misconduct which allegedly occurred at Hamdaniyah, Iraq.

  • On January 10, 2007, the Court of Appeals for the Armed Forces reversed a murder conviction for a soldier who Mr. Sheldon represented on appeal. The Court set aside the findings and sentence and ordered a rehearing.

  • Successfully represented an Army Reserve SPC in his appeal after the Delay and Exemption Board had refused to grant him a hardship or medical exemption; in January 2007 his orders for Iraq were rescinded and he was ordered to be honorably discharged.

  • In December 2006, persuaded the Army Resources Command to overturn the decision of the Delay and Exemption Board and allow a USAR Captain to resign with an honorable discharge instead of returning to Iraq for a second tour.

  • In August 2006, persuaded the Army Resources Command to overturn the decision of the Delay and Exemption Board and grant a one year delay to an Army Reservist on family hardship grounds.

  • Before the Personnel Security Appeals Board, successfully represented a Marine fighter pilot grounded after final revocation of his security clearance; his security clearance was reinstated August 1, 2006.

  • On September 29, 2006, the Air Force dismissed a rape charge against an Air Force Captain who Mr. Sheldon represented. The allegations stemmed from the Air Force Academy Rape Scandal. The landmark case was first abated by the trial judge because the therapist of the alleged victim refused to release counseling records. The Air Force action terminated all proceedings against the officer. (News Article: Military Drops Charge vs. Air Force Grad)

  • On September 29, 2006, the Army Court of Criminal Appeals set aside the finding and sentence of PFC Rios who Mr. Sheldon represented on appeal. PFC Rios had been convicted of unpremeditated murder. The Court found that the military judge had improperly instructed the members of the court-martial panel, and so overturned the conviction and sentence.

    In January 2007, after a rehearing at the trial level, Mr. Rios was released from confinement to join his family.

  • On September 18, 2006, the Court of Appeals for the Armed Forces reversed a murder conviction for a sailor Mr. Sheldon had represented on appeal. The Court set aside the findings and sentence and ordered a rehearing.

  • Won a verdict of not guilty at a general court-martial in April 2006 before a panel of offices and enlisted members for a Navy Chief Petty Officer in Naples, Italy, charged with having indecent acts with a 12-year-old girl.

  • On April 4, 2006, obtained a judgment of $241,801 against the Army for the wrongful discharge of an Army officer, as well as a ruling by the U.S. Court of Federal Claims that the officer was entitled to receive retirement pay and allowances for the remainder of his life.

  • Won a verdict of not guilty at a March 2006 general court martial for a Staff Sergeant at Marine Corps Base, Quantico, Virginia, on two contested charges of attempted rape and indecent assault.

  • Obtained a $163,500 settlement in March 2006 for a retired enlisted service member after the Air Force had released his records in violation of the Privacy Act.

  • In February 2006, successfully represented a cadet, releasing him from his service obligation to the Army and from any recoupment of monies owed for the cost of his education-saving the cadet tens of thousands of dollars.

  • In February 2006, before the Army Discharge Review Board, obtained an upgrade in a soldier's discharge from General to Honorable.

  • In December 2005, obtained one of the highest-ever settlement awards for damages for a retired Air Force military member, resulting from the wrongful disclosure of medical records in violation of the Privacy Act.

  • In October 2005, negotiated a reduced jail sentence of six years (from 22), with only four years actually served, for a soldier at Fort Benning, Georgia, who was convicted of having unprotected sex with a 14-year-old girl when he was HIV positive.

  • Successfully represented an Air Force officer who was alleged to have committed a rape at the Academy; in June 2005, charges were abated because the alleged victim's therapist refused to turn over counseling records.

  • In May 2005, obtained a complete acquittal of an Army Staff Sergeant accused of a premeditated murder of an Iraqi National.

  • At Fort Knox, Kentucky, in 2005, successfully defended an Army Drill sergeant accused of maltreatment of recruits; soldier was retained in the Army.

  • In December 2004, successfully defended a Navy Petty Officer accused of dealing drugs; Petty Officer retained in the Navy.

  • In July 2004, successfully represented an Army Sergeant accused of participating in a gang rape at Fort Leonardwood, Kansas; charges were reduced to violating a lawful general order and fraternization, and the soldier was retained in the Army.

  • Represented Army Sergeant in Korea accused of participating in a gang rape in 2003; charges were dismissed against the Sergeant while the co-accused received a 30-year sentence to confinement.

  • In August 2003, successfully represented a Navy commander allowing him to retire from the Navy after pleading guilty to a Mann Act charge (crossing state lines to have sex with a minor) in federal court.

  • In October 2002, was lead counsel in landmark Privacy Act case, Cummings v. Dep't of the Navy , 279 F. 3d 1051 (D.C. Cir. 2002), holding that service members can sue for damages under the Privacy Act; suit later was settled favorably for a substantial monetary award.

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