Month: February 2025

Legal Action on Behalf of Retired USPHS Member Challenging Injustice in Federal Public Health Service Record Correction Case

Posted on by Becky Haugen

FOR IMMEDIATE RELEASE

Law Offices of David P. Sheldon, PLLC Files Legal Action Challenging Injustice in Public Health Service Record Correction Case

Washington, D.C. – February 28, 2025 – The Law Offices of David P. Sheldon, PLLC, a premier law firm specializing in military and federal employment law, has filed a lawsuit on behalf of a distinguished former officer of the United States Public Health Service (PHS) Commissioned Corps. The complaint, filed in the United States District Court for the District of Columbia, challenges a federal agency’s refusal to grant relief despite findings of injustice by an official military correction board.

Represented by Dylan Thayer, a federal litigator, the plaintiff—an officer with the rank of Commander—seeks to overturn a decision by the Program Support Center Director that disregarded evidence of wrongful termination and procedural violations. The lawsuit asserts that the officer was unfairly separated from service despite a military records board’s acknowledgment that her supervisors failed to address critical signs of an underlying medical condition.

“This case exemplifies a fundamental failure to ensure justice for those who have dedicated their careers to public service,” said attorney Dylan Thayer. “Despite a finding of injustice by the Board for Correction of PHS Commissioned Corps Records, the final decision-maker arbitrarily denied relief, disregarding both the evidence and the governing legal standards.”

The lawsuit contends that the agency’s decision violated federal law, failed to correct a clear injustice, and deprived the officer of due process rights under the Fifth Amendment of the U.S. Constitution. The plaintiff is seeking a remand of the case to the Board for a lawful review that adheres to applicable statutes and regulations.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized firm specializing in military law, federal employment disputes, security clearance matters, and appellate litigation. With a track record of successfully advocating for service members, veterans, and federal employees, the firm remains committed to securing justice for those who serve our nation.

For more information, please visit www.militarydefense.com or contact the firm at:

Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, DC 20003
Phone: (202) 546-9575
Fax: (202) 546-0135

Department of Defense Policy on Transgender Service Members

Posted on by Becky Haugen

 Department of Defense Policy on Transgender Service Members

The recently issued Department of Defense (DoD) memorandum dated February 26, 2025, which effectively reverses prior policies allowing transgender individuals to serve openly in the military, raises significant legal and constitutional concerns. The stated rationale for this new policy—asserting that a history of gender dysphoria or related medical treatments is incompatible with military service—appears to be a broad and categorical exclusion rather than an individualized assessment of fitness for duty.

As legal advocates for military service members, veterans, and those facing adverse administrative actions, the Law Offices of David P. Sheldon strongly opposes policies that impose blanket bans on service members based on characteristics unrelated to individual merit, performance, and capability. The U.S. District Court has previously expressed skepticism toward similar policies, noting that they amount to “total discrimination,” rather than a justifiable regulation tied to military readiness or operational effectiveness.

The Constitution, particularly the Equal Protection Clause of the Fifth Amendment, prohibits the government from engaging in arbitrary discrimination. A policy that broadly excludes individuals with gender dysphoria from service—without consideration of their actual abilities, medical history, or demonstrated service performance—risks violating fundamental constitutional protections. Federal courts have previously struck down similar categorical exclusions for lacking a sufficient rational basis, particularly when they serve primarily to target a politically vulnerable group rather than advancing legitimate governmental interests.

Furthermore, the policy’s immediate effect on transgender service members raises serious concerns about due process and the fairness of administrative separations. Service members who were previously allowed to serve openly and receive necessary medical care now face potential involuntary discharge or denial of medical treatment, despite their proven dedication and fitness for service. These actions could also conflict with existing military regulations that require individualized medical assessments and due process protections for those facing administrative separation.

In practical terms, this policy threatens to undermine military readiness rather than enhance it. The DoD has invested significant resources in training and integrating transgender service members under prior policies. Removing qualified individuals from service without cause unrelated to performance or conduct disregards the military’s stated mission of maintaining a highly capable and diverse fighting force.

The Law Offices of David P. Sheldon stands ready to challenge this policy through all available legal avenues, advocating for service members who are unjustly targeted under its provisions. We urge Congress, the courts, and military leadership to recognize that discrimination—under any pretext—undermines both national security and the core principles of fairness and equality that define our armed forces.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon is a premier military law firm based in Washington, D.C., dedicated to defending the rights of service members, veterans, and federal employees. With extensive experience in military administrative and criminal defense, our firm represents clients in courts-martial, discharge upgrades, security clearance cases, and other military-related legal matters. We are committed to upholding justice and ensuring fair treatment for those who serve our nation.

To consult with the experienced Washington, DC based Military Attorneys at the Law Offices of David P Sheldon, PLLC contact our office at (202) 546-9575 or visit www.militarydefense.com, or request a consultation.

The Risk of Losing VA Benefits Due to Administrative Rollbacks

Posted on by Becky Haugen

Why Veterans and Active Military Should Take Immediate Action to Correct Their Records Before Policy Changes Under the New Administration

The landscape of military benefits and administrative policies is shifting once again under the new administration, and if history is any indication, veterans and active-duty service members should take proactive steps to safeguard their rights. One area of particular concern is the eligibility of veterans with “other than honorable” (OTH) discharges to access Department of Veterans Affairs (VA) benefits—a hard-won expansion under the previous administration that now faces potential rollback.

Why Acting Now Matters

Under the Biden administration, changes to VA policy allowed more veterans with OTH discharges to qualify for benefits, recognizing that many service members had been unfairly penalized due to circumstances beyond their control, including mental health struggles, PTSD, and experiences of sexual trauma. However, with a new administration known for undoing previous policies, these reforms may not last. Delays in addressing military records now could mean losing access to benefits later.

The reality is that administrative shifts—such as staffing cuts at the VA and potential policy reversals—could slow down or complicate the process of correcting military records and upgrading discharges. Waiting until changes are officially announced could put veterans in a position where they have to fight even harder for what was previously accessible.

How to Protect Yourself: Get Legal Support Now

One of the most effective ways to safeguard your benefits is to have your records reviewed and, if necessary, corrected or upgraded. This process can be complex and bureaucratic, which is why hiring experienced legal counsel is critical. The Law Offices of David P. Sheldon is one of the leading firms specializing in military law, advocating for service members and veterans who need discharge upgrades, record corrections, and other military justice support.

David P. Sheldon and his team have a strong track record of successfully petitioning Discharge Review Boards (DRB) and the Board for Correction of Military Records (BCMR) on behalf of veterans. Their expertise can make the difference between a denied claim and a successful case that restores access to VA healthcare, disability compensation, and other vital benefits.

Steps to Take Now

  1.  Request Your Military Records – Obtain a copy of your DD-214 and service records to review any potential errors or issues that could be corrected.
  2.  Consult a Military Law Expert – Schedule a consultation with a firm like the Law Offices of David P. Sheldon to assess your case and determine the best course of action.
  3.  File for a Discharge Upgrade or Record Correction ASAP – The process can take months, and any changes in policy could complicate future applications. Acting now ensures your case is in the system before any potential reversals.
  4. Stay Informed – Follow updates from veterans’ advocacy groups and legal experts to stay ahead of policy changes that may affect your benefits.

Final Thoughts

Veterans and active service members should not assume that benefits expansions under one administration will remain in place under another. If you have concerns about your discharge status, now is the time to take action. Legal professionals who specialize in military records can help ensure that you are in the best possible position before any harmful administrative changes take effect.

Don’t wait until it’s too late—protect your rights and benefits today.

About The Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a premier military law firm dedicated to defending the rights of service members and veterans. With over 20 years of experience, David P. Sheldon and his team specialize in military discharge upgrades, corrections to military records, court-martial defense, and appeals before military review boards. Their firm has successfully helped countless active duty, reservists and veterans restore their honor, benefits, and rightful recognition of service.

If you’re a uniformed or non-uniformed military member with an “other than honorable” discharge or an active service member facing administrative challenges, now is the time to act. The Law Offices of David P. Sheldon can provide expert legal guidance to ensure your case is handled effectively before any policy changes take effect.

For more information, visit www.militarydefense.com or call (202) 546-9575 to schedule a consultation.

 

Reevaluating the Feres Doctrine: Justice Thomas’s Call for Change

Posted on by Becky Haugen

Reevaluating the Feres Doctrine: Justice Thomas’s Call for Change

In a recent decision, the Supreme Court declined to hear Carter v. United States, a case challenging the longstanding Feres Doctrine, which bars active-duty service members from suing the government for injuries deemed “incident to military service.” Justice Clarence Thomas issued a compelling 14-page dissent, labeling the doctrine “indefensible” and “senseless as a matter of policy.”

The Feres Doctrine, established in 1950, has faced criticism for decades. Justice Thomas argues that it lacks a foundation in the Federal Tort Claims Act’s text and that its policy justifications are outdated. He emphasizes that the doctrine unjustly denies service members the same legal recourse available to civilians, undermining principles of fairness and accountability.

Critics of the Feres Doctrine highlight its inconsistent application and the injustices it perpetuates. For instance, service members injured due to medical malpractice in military facilities have no legal avenue for redress, a disparity that seems increasingly untenable. Justice Thomas’s dissent underscores the necessity of revisiting this doctrine to align military and civilian legal standards more closely.

While concerns about military discipline and the unique nature of military service are valid, they should not preclude service members from seeking justice for wrongs suffered outside the battlefield. Revisiting the Feres Doctrine would demonstrate a commitment to the well-being of those who serve and ensure they are not deprived of fundamental legal protections.

Resources:
law.cornell.edu

military.com

stripes.com

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces

Posted on by Becky Haugen

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces in SrA Bryce Roan’s Case

Washington, D.C. – On Wednesday, February 26, 2025 Senior Trial and Appellate Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, will present oral argument before the Court of Appeals for the Armed Forces (CAAF) in the case of Senior Airman (SrA) Bryce Roan. The argument will focus on the government’s failure to disclose exculpatory evidence, violating SrA Roan’s constitutional and statutory rights to a fair trial under Brady v. Maryland and Rule for Courts-Martial 701.

SrA Roan was convicted of wrongful use of cocaine following a positive urinalysis during a unit-wide drug sweep. However, critical evidence indicating the possibility of a false positive due to a pre-workout supplement was withheld by military prosecutors. This evidence was later disclosed in a separate but related court-martial, where Roan’s roommate was acquitted of the same offense. Despite clear indications of gross negligence by investigators—including the destruction of key investigative records—the government proceeded with Roan’s prosecution without full disclosure of exculpatory evidence.

CAAF granted review on the following issues:

  1. Whether the lower court erred in finding that the withheld evidence was immaterial, thereby violating the principles established in Brady v. Maryland.
  2. Whether the government’s failure to disclose evidence violated SrA Roan’s rights under Rule for Courts-Martial 701.

“The failure to disclose exculpatory evidence is an affront to every service member’s right to a fair trial,” said Annie Morgan, who will argue the case on behalf of SrA Roan. “This case is about more than one Airman—it is about ensuring integrity in military justice. We will not stop fighting until justice prevails.”

The Law Offices of David P. Sheldon, PLLC, a nationally recognized military law firm based in Washington, D.C., continues to champion the rights of service members in complex court-martial cases and appeals.

For more information, please contact:

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
www.militarydefense.com

The Removal of Top JAG Officers: How Political Interference Undermines Military Justice

Posted on by Becky Haugen

The Removal of Top JAG Officers: How Political Interference Undermines Military Justice

The recent dismissal of high-ranking military officers, including top Judge Advocate General (JAG) officials, by the current administration has raised significant concerns about the integrity of the military justice system and the potential for unlawful command influence.

Chain of Command and the Role of JAG Officers

In the U.S. military, the chain of command is a foundational principle that ensures order, discipline, and effective decision-making. JAG officers serve as the principal legal advisors within this structure, providing commanders with essential counsel on military justice, operational law, and other legal matters. Their expertise is crucial for maintaining the rule of law within the armed forces and ensuring that military operations comply with domestic and international legal standards.

Legal Framework Governing Removal of JAG Officers

The President, as Commander-in-Chief, holds the authority to appoint and remove senior military leaders, including JAG officers. However, such actions are traditionally exercised with caution to preserve the apolitical nature of the military and to maintain stability within its ranks. The Uniform Code of Military Justice (UCMJ) and other military regulations do not explicitly restrict the President’s power to remove these officials. Nonetheless, abrupt or politically motivated dismissals can undermine the perception of impartiality and fairness that is vital to the military justice system.

Unlawful Command Influence and Its Implications

Unlawful command influence (UCI) occurs when senior military or civilian leaders improperly interfere with the military justice process, potentially swaying the outcome of judicial proceedings. The UCMJ explicitly prohibits such influence under Article 37, emphasizing the need for an independent and impartial military justice system. The recent firings, particularly if perceived as politically motivated, may constitute UCI by instilling fear or bias among remaining personnel, thereby compromising the fairness of legal proceedings.

Impact on Military Justice

The removal of experienced JAG officers and the insertion of individuals perceived as loyalists can have several detrimental effects:

  • Erosion of Legal Expertise: Seasoned JAG officers possess a deep understanding of military law and its applications. Their sudden removal can lead to a loss of institutional knowledge, adversely affecting the quality of legal advice provided to commanders.
  • Perception of Bias: Introducing personnel with perceived political affiliations into key legal positions can undermine the credibility of the military justice system, leading service members and the public to question the impartiality of legal proceedings.
  • Deterrence of Candid Counsel: JAG officers must feel secure in offering honest and sometimes critical legal advice. A climate of fear, stemming from the potential for unwarranted dismissal, may deter them from providing unvarnished counsel, thereby impairing decision-making at the highest levels.

Conclusion

While the President possesses the authority to remove and appoint senior military officials, the recent actions concerning top JAG officers raise profound concerns about the potential for unlawful command influence and the overall integrity of the military justice system. Maintaining an independent and apolitical legal advisory corps within the military is essential to uphold the rule of law and ensure justice is administered fairly and without prejudice.

About The Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC is a premier military and federal law firm dedicated to protecting the rights of service members, veterans, and federal employees. With decades of experience in military justice, administrative law, and security clearance matters, the firm provides aggressive legal representation in courts-martial, discharge upgrades, and appeals. David P. Sheldon and his team are committed to ensuring fairness, due process, and the rule of law within the military and federal systems.

For more information, visit www.militarydefense.com or contact the firm for a consultation.

Veteran Files Federal Lawsuit to Correct Military Records for Denial of Earned Combat Honors and Benefits

Posted on by Becky Haugen

Veteran Challenges Army’s Denial of Earned Honors and Benefits in Federal Court

Washington, D.C. – The Law Offices of David P. Sheldon, P.L.L.C., announced today that a federal lawsuit has been filed challenging the Army Board for the Correction of Military Records’ refusal to award a decorated U.S. Army veteran full medical retirement, back pay, and well-earned honors for combat service. Attorney Dylan Thayer, of the Washington, D.C.-based firm, is representing the plaintiff in this case, which seeks to correct unjust decisions made regarding his military record and disability benefits.

The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that the Army improperly denied the plaintiff the Combat Action Badge and the Purple Heart, despite clear evidence of combat injuries and engagement with enemy forces. The legal action also challenges the Army’s decision to discharge the plaintiff with a partial disability severance rather than granting full medical retirement.

“Our client has given years of honorable service to his country and has suffered significant, documented combat injuries,” said Dylan Thayer. “The Army Board’s refusal to grant him the recognition and compensation he rightfully deserves is both unjust and inconsistent with the law. This lawsuit seeks to correct these wrongs and ensure that his sacrifices are properly honored.”

The complaint asserts that the Army’s denial was arbitrary, capricious, and contrary to military regulations. Despite overwhelming medical and service records supporting the plaintiff’s claims, the Board refused to amend his records or provide the benefits to which he is entitled.

“The Army’s decision contradicts its own regulations and policies,” said Thayer. “We are confident that the court will recognize the injustice in this case and direct the Army to rectify these errors.”

This lawsuit is part of a broader effort by The Law Offices of David P. Sheldon to advocate for veterans who have been denied benefits through wrongful injustices and denial of the law.

For further information or media inquiries, please contact:

Law Offices of David P. Sheldon, P.L.L.C.
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: 202-546-9575
militarydefense.com

Fighting for Federal Workers: A Legal Perspective on Unjust Job Loss

Posted on by Becky Haugen

Fighting for Federal Workers: A Legal Perspective on Unjust Job Loss

A Crisis for Federal Workers

Imagine dedicating years of service to your country, only to find yourself jobless overnight, without warning or justification. This isn’t a hypothetical situation—it’s happening right now to Veterans and military personnel in federal jobs across the country. Positions are being slashed, and the cuts often ignore the legal rights designed to protect these dedicated employees. The Law Offices of David P. Sheldon is stepping in to help workers challenge these unfair actions and fight for their futures.

Understanding Your Rights as a Federal Employee

Many federal employees don’t realize they have strong legal protections that prevent arbitrary terminations. These rights come from important laws, including:

  • Title 5 of the U.S. Code – Ensures due process before termination.
  • Veterans Employment Opportunities Act (VEOA) – Protects Veterans from unfair hiring and firing practices.
  • Merit Systems Protection Board (MSPB) – Allows federal employees to appeal wrongful terminations.
  • Whistleblower Protection Act (WPA) – Shields workers who report government misconduct from retaliation.

How the Law Offices of David P. Sheldon Can Help

The Law Offices of David P. Sheldon has built a strong reputation for fighting for federal employees, ensuring their rights are upheld when faced with job loss. Here’s how they help:

Challenging Unjust Terminations

  • Investigating whether job cuts followed proper legal procedures.
  • Filing appeals with the MSPB.
  • Negotiating reinstatements or financial settlements.

Protecting Veterans’ Rights

  • Ensuring that Veterans’ Preference rules are followed.
  • Filing complaints with the Department of Labor.
  • Seeking reinstatement or compensation when rights are violated.

Defending Against Retaliation and Discrimination

  • Standing up for employees facing retaliation for whistleblowing.
  • Fighting discrimination against disabled Veterans under USERRA.
  • Ensuring fair treatment in the federal workplace.

Appealing Unfair Job Cuts

  • Preparing grievances and appeals.
  • Challenging improper reductions in force (RIF).
  • Filing injunctions to stop wrongful dismissals.

What You Can Do Right Now

If you’ve lost your federal job unfairly, you are not powerless. Here’s what you should do:

  1. Get Everything in Writing – Request an official explanation for your termination.
  2. Act Fast on Appeals – You typically have 30 days to file an MSPB appeal.
  3. Enforce Your Veteran Status – If you’re a Veteran, file a claim with VETS within 60 days.
  4. Seek Legal Help – Contact an experienced federal employment lawyer.
  5. Keep Records – Maintain documentation of all communications and notices regarding your termination.

Conclusion

The unauthorized termination of federal employees—especially Veterans—is not just unfair; it’s illegal. The Law Offices of David P. Sheldon is committed to helping those who have served their country and now find themselves fighting for their livelihoods. If you or someone you know is facing an unjust removal, don’t wait—seek legal counsel and stand up for your rights.

For expert legal representation in federal employment disputes, contact the Law Offices of David P. Sheldon today.

Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Posted on by Becky Haugen

Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Washington, D.C. – February 20, 2025 – Attorney Dylan Thayer will present oral arguments before the United States Court of Appeals for the District of Columbia Circuit on February 21, 2025, at 9:30 A.M., advocating for Major Thomas G. Coleman (ret.), USAF, in his case against Secretary of the Air Force Frank Kendall, III.

Major Coleman seeks to rectify a bureaucratic error that has unjustly prevented him from completing his 18-year safe harbor period for military retirement. The Air Force Board for the Correction of Military Records (AFBCMR) acknowledged the error but has failed to fully remedy its consequences. At issue is whether a military correction board, upon identifying an injustice, is required under the law of the D.C. Circuit to fully correct that injustice. Thayer will argue that the answer is unequivocally yes.

In his appeal, Major Coleman is requesting 49 days of constructive service credit to compensate for the eight to 14 months of service time he was wrongfully deprived due to Air Force administrative failures in processing his waiver and transfer request between 2012 and 2013. Despite meeting all requirements to make the year count toward his retirement, the Air Force’s error prevented him from earning the necessary 50 points for a complete year. While the AFBCMR has previously made minor adjustments, it has never fully corrected the injustice, leaving Major Coleman without the retirement protections he rightfully earned.

Thayer will emphasize that when a military correction board acknowledges an error, it is legally obligated to restore the service member to the position they would have been in but for the mistake. This case carries significant implications for service members who rely on correction boards to ensure fairness in military records and retirement eligibility.

Oral arguments will take place at the United States Court of Appeals for the District of Columbia Circuit and is listed on the court’s website: www.cadc.uscourts.gov.