Case Results: Complete Relief Army Reserve Captain Wrongfully Denied Retirement

The Law Offices of David P. Sheldon obtains complete relief before the Army Board for Correction of Military Records for Reserve Captain wrongfully denied retirement.

Read the Complaint Here

In 2001 Army Reserve Captain Roland Casillas (ret.) was transferred by the Army to the Retired Reserve based on official orders which declared that he had completed 20 years of service. Though he was uncertain as to whether he met this required, the Army Reserve Personnel Center informed him that he indeed met it, and he was issued an ID card identifying him as a member of the Retired Reserve. Though he was seeking reentry into the ranks at the time, he relied on these orders and instead accepted the promised retirement. This meant that he was due an official Army retirement upon reaching the age of 60, including retired pay and medical care. Yet, when he actually reached the age of 60 in 2018, the Army denied his request, this time claiming that Capt. Casillas had insufficient time in the ranks to qualify for retirement. The Army would even issue orders rescinding their orders from 2001 transferring Capt. Casillas to the Retired Reserve. This was in direct violation of long-established case law which holds that the Army cannot deny a retirement to an individual who it had told was qualified for retirement.

In January of 2020 the Law Offices of David P. Sheldon appealed this denial on behalf of Capt. Casillas in the Court of Federal Claims. This resulted in a voluntary remand to the Army Board for the Correction of Military Records on May 14, 2020. This voluntary remand has now successfully concluded for Capt. Casillas, with him receiving back pay, medical benefits, compensation for the denied medical benefits, and his full retirement for life. Capt. Casillas now joins the ranks of the many service members who have had their rights successfully upheld by the firm.

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Testimonial: Veteran Benefits and Retirement Restored for USPHS Member

My first call with David demonstrated his knowledge of the “system” and gave me hope.I could not get a single phone call returned or an email reply from my service branch without his law firm’s help. As a result of their intervention I’ve been able to receive all the retirement and VA benefits that I was entitled to. These benefits had been ignored or denied, until their legal team set to work on my behalf, and achieved complete resolution. Thanks again to the entire staff of the Law Offices of David P. Sheldon PLLC.

P.Z.  USPHS/Air Force

Motion Filed to Rightfully Include USPHS and NOAA at Smithsonian Memorial

Press Release: The Law Offices of David P. Sheldon Files Opposition to the Smithsonian’s Motion to Dismiss in USPHS COA v Bunch et al.

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

Read the Complaint Here

Congress created the National Native American Veterans Memorial to be a memorial for all Native veterans. Yet, when it came time to build the memorial, the Smithsonian wrongfully excluded Native veterans of the United States Public Health Service and the National Oceanic and Atmospheric Administration. In May, The Law Offices of David P. Sheldon, representing the Commissioned Officers’ Association of the United States Public Health Service, filed suit to ensure that those two branches were properly included. The continued denigration of the service of USPHS and NOAA veterans has a pervasive impact on their status before private and public institutions. They are frequently denied benefits both due under statute, and granted by private society, due to ignorance as to their status as veterans. The most egregious example of this is the way in which USPHS commissioned officers, deployed by their country to the hottest spots of the COVID pandemic, were frequently denied early vaccination status by military healthcare facilities ignorant of their status as fellow service members.

Yet, it was on those very grounds that the Smithsonian based their motion to dismiss. They argued that Native veterans of the USPHS and NOAA had no entitlement to inclusion on the monument, and that there was no evidence that the denigration of their service and reputation as “real” veterans had any impact on their societal standing. In addition, they also argued that a question of constitutional interpretation was in fact a political question, not fit for the courts to resolve.

Now, The Law Offices of David P. Sheldon have filed their motion to oppose this attempt to dismiss a rightful claim. In their motion, they demonstrate to the Court the massive impact on societal status of the wrongful denigration and spreading of ignorance as to the veteran status of USPHS and NOAA officers. They also remind the Smithsonian, and the Court, of the clear precedence in the D.C. Circuit that constitutional claims are not, contrary to what was alleged by the Smithsonian, political questions barred from consideration. The Law Offices look forward to the successful resolution of this current round of litigation, to the future success of their case, and to the ensuring that Native USPHS and NOAA officers are given the public commemoration they rightfully deserve.

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