David Sheldon's Representative Matters

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 stigmatyzing 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. [click here to view the case summary]