Month: June 2024

ROTC Cadet Reinstated & Commissioned After Facing a Contested Disenrollment Hearing for Using THC

Posted on by Becky Haugen

Press Release

June 30, 2024

 

ROTC Cadet Reinstated & Commissioned After Facing a Contested Disenrollment Hearing for Using THC

 

An Army ROTC Cadet and National Guard member who had completed her schooling and was awaiting commissioning mistakenly consumed gummies containing THC to treat a sports injury.  The Cadet believed that the gummies only contained CBD.  After testing positive on a urinalysis test, the Army initiated a disenrollment action from ROTC.  The Cadet retained the Law Offices of David P. Sheldon for assistance.  Our attorneys marshalled comprehensive evidence, including an analysis by a toxicologist and had the member take a polygraph to demonstrate her lack of intent.

The firm also learned that several cadets, including the Cadet who had retained the firm, from the program had filed complaints against the Professor of Military science, claiming toxic leadership and bad treatment.  That complaint was substantiated by the Army, though the PMS was allowed to continue.

A lawyer from the firm accompanied the Cadet to the hearing, prepared the cadet for her disenrollment hearing, interviewed witnesses to include school faculty, coaches, and National Guard leadership, obtaining sworn affidavits, among other evidence, which vindicated the wrongfully accused Cadet.  After hearing all the evidence, the Disenrollment Board unanimously recommended the cadet be reinstated.  Army ROTC concurred, and the cadet received her commission as a Second Lieutenant.

The Law Offices of David P. Sheldon has successfully overturned wrongful disenrollment ROTC actions in various case challenges. Successful outcomes for cadets include receiving reenrollment and eligibility for commissioning. If you are a ROTC cadet facing disenrollment, the Law Offices of David P. Sheldon, PLLC are available to provide comprehensive, competent, legal representation.

 

Naval Discharge Review Board Rules Former Marine’s Discharge Unjust

Posted on by Becky Haugen

Press Release

June 30, 2024

The Naval Discharge Review Board Rules Former Marine’s Discharge Unjust

 

The Law Offices of David P. Sheldon obtains relief before the Naval Discharge Review Board for a former Marine wrongfully discharged. In 2020, a Marine was wrongfully discharged with a General (Under Honorable Conditions) characterization after being administratively separated on the grounds of a condition, not a disability. Despite his impressive tenure with the Marine Corps, and his quick and decisive action to assist fellow Marines, the USMC attempted to wrongfully separate him.

In July of 2023, the Law Offices of David P. Sheldon applied on the Marine’s behalf to correct this error and injustice before the Naval Discharge Review Board (NDRB). The firm argued that relief should be granted because the USMC’s failure to abide by its own rules and policies regarding administrative separation and under guidance provided under the Wilkie Memorandum.

In June 2024, the NDRB agreed, ruling that the Marine’s discharge warranted an upgrade. Based upon a comprehensive application, memorandum with sworn affidavits, along with other extensive supporting evidence, the NDRB ruled that it was in the interest of justice to upgrade the applicant’s characterization of service from General (Under Honorable Conditions) to Honorable.

The Marine now joins the ranks of the many service members who have had their rights successfully upheld by the Law Offices of David P. Sheldon.

Army ROTC Army Halts Disenrollment Action After Firm Intercedes

Posted on by Becky Haugen

Press Release

June 30, 2024

 

Army ROTC Army Halts Disenrollment Action After Firm Intercedes

 

A fourth-year Army ROTC Cadet was being disenrolled after the Professor of Military Science found she was having an inappropriate relationship with a cadre member.  After the Cadet contacted the Law Offices of David P. Sheldon for assistance, the firm immediately interceded.  The firm challenged the disenrollment action under federal law, alerting the Army ROTC Commanding General, as well as the cadet’s Senators and Representative, arguing that the Army should immediately withdraw the attempted disenrollment.

 

The firm argued persuasively that the Cadet was, in fact, a victim of a predatory instructor and to punish her for the sexual assault by a cadre member violated Department of Defense and Army policy.  Shortly thereafter, the Cadet’s Professor of Military Science withdrew the proposed disenrollment action.  In early June, the Cadet took her commissioning oath and is now serving as a Second Lieutenant.

 

The Law Offices of David P. Sheldon has successfully won Cadets facing disenrollment ROTC actions through legal challenge with Cadets receiving reenrollment and eligibility for commissioning. If you are a ROTC cadet facing disenrollment, the Law Offices of David P. Sheldon, PLLC are available to provide legal representation.

 

News: Pardon Gives Relief to Thousands of Military Service Members

Posted on by Courtney Jacobs

APA News

LGBTQ Military Veteran's Pardoned
LGBTQ Military Veteran’s Pardoned

BY ZEKE MILLER
Updated 6:22 PM MDT, June 26, 2024
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WASHINGTON (AP) — President Joe Biden pardoned potentially thousands of former U.S. service members convicted of violating a now-repealed military ban on consensual gay sex, saying Wednesday that he is “righting an historic wrong” to clear the way for them to regain lost benefits.

Biden’s action grants a pardon to service members who were convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy. The law, which has been on the books since 1951, was rewritten in 2013 to prohibit only forcible acts. (Read Full Article)