Mr. Sheldon and his team assisted me with my case for a few years. They were attentive, friendly, and timely from the start to end. Without their patience and knowledge, my family and I may not have had the results we have today. There were a few times where I almost lost faith and Mr. Sheldon and his team restored it. We are grateful and highly recommend him and his team for your case.
J.S., E3, USMC
Press Release
October 22, 2024
The Naval Discharge Review Board Rules Former
Marine’s Discharge was Not Equitable
The Law Offices of David P. Sheldon obtains relief before the Naval Discharge Review Board for a former
Marine wrongfully discharged. In 2019, a Marine was wrongfully discharged with a General (Under Honorable Conditions) characterization for minor act of youth misconduct. Despite her impressive tenure with the Marine Corps, the USMC wrongfully separate her.
In June 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 under guidance provided under the Wilkie Memorandum.
In October 2024, the NDRB ruled 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 concluded that it was in the interest of justice to upgrade the applicant’s characterization of service to Honorable and can now, if she wants, to reenlist to defend the Nation.
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. Bravo Zulu to this Marine and Ashleen Williams who spearheaded the effort. Teamwork made it happen.
In the Individual Ready Reserve (IRR) or National Guard marking your time? Activation and deployment orders — know your rights or go at your own peril
By David P. Sheldon
October 1, 2024
With the potential call up of tens of thousands of those of you who have been marking time in the Individual Ready Reserve (IRR), the National Guard or the Army Reserves for almost a decade now, one needs to act carefully to ensure that you consider your options. You may have established a career, a family, and the responsibilities that come with those things when suddenly you are faced with activation and deployment orders. Your world just blew up. Now what?
Recent events in the Middle East portend activation and deployment orders for thousands, if not a 100,000 service members by the end game. Individuals who have served in the National Guard or Reserves may do so believing their commitment will likely remain restricted to weekends or a few weeks a year. While activation and deployment orders are always possible, these soldiers, sailors, Marines, and airmen may not be prepared, especially those who serve in the IRR, to activate and deploy.
Reservists and members of the National Guard should certainly take note and, of course, have a plan in place, especially if they are not in a position to deploy because of work and/or family obligations. But Congress has also allowed for service members to request delay and exemption from orders, through the delay and exemption board. But you must meet the statutory and regulatory bases. And, like everything, timing is critical.
It is important for Reserve and Guard members to understand the time frames in which they may request a delay or deferment in reporting, or an exemption from active duty, since untimely requests may not be processed, and even timely requests can be severely truncated by not understanding the rules and regulations that govern delay and exemption boards. It is also important to have an understanding of the differences between the types of requests and how they may affect a Reserve or Guard member.
The process varies depending on the military department involved, although if denied, generally appeals are available. Having an experienced attorney from the get-go can be critical since members may not be aware of exactly what information they need to provide before a request is considered. Although the process begins with a phone call or a form which may seem simple enough to complete, it is important to know what information a board is looking for in order to provide the strongest application possible. If past conflicts have taught us anything, it is that National Guard members and reservists need to be prepared. Timing is critical. The bottom line is that before you call the number on your orders to the delay and exemption board, let alone submit the form that governs, consult the rules and regulations that apply — or, better yet — call a qualified legal counsel that can assist you in making the very best case for a delay and exemption of your activation and deployment.