February 2025

Law Offices of David P. Sheldon, PLLC Files Lawsuit Against U.S. Air Force Over Delayed Wrongful Death Claim

Posted on February 17, 2025March 25, 2025 by Becky Haugen

Law Offices of David P. Sheldon, PLLC Files Federal Lawsuit Against U.S. Air Force Officials Over Unreasonable Delay in Wrongful Death Claim

Washington, D.C. – February 17, 2025 – The Law Offices of David P. Sheldon, PLLC has filed a lawsuit in the United States District Court for the District of Columbia on behalf of Shawn Bogen, a widow seeking justice after the tragic drowning of her husband, Andrew Bogen, at a Department of the Navy-managed swimming facility in Japan.

The lawsuit, filed against senior officials of the United States Air Force, including Chief of the Foreign Torts and Litigation Branch, Stephen J. Eriksson, and Acting Secretary of the Air Force, Gary A. Ashworth, challenges the agency’s failure to take timely action on Ms. Bogen’s wrongful death claim under the Military Claims Act (MCA).

Mr. Bogen, a civilian Department of Defense Education Activity teacher, drowned at the Purdy Fitness Center Pool in Yokosuka Naval Base, Japan, on August 29, 2022. Despite visible distress, on-duty lifeguards failed to respond promptly, resulting in his untimely death.

Ms. Bogen initially filed her claim under the MCA in November 2023, yet the Air Force has refused to either approve or deny the claim, instead insisting that she first pursue a separate claim under the Federal Employees’ Compensation Act (FECA)—despite clear legal precedent demonstrating that FECA does not apply in this case.

“The government’s refusal to take action on Mrs. Bogen’s claims is not just an administrative failure—it is an injustice,” said Dylan Thayer, lead counsel for the plaintiff. “By unlawfully withholding and unreasonably delaying a decision, the Air Force is denying a grieving widow the closure and compensation she is legally entitled to.”

The lawsuit, brought under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. § 706(1)), seeks a court order compelling the Air Force to take immediate action on Ms. Bogen’s claims and provide the justice she and her family deserve.

The Law Offices of David P. Sheldon, PLLC remains committed to holding military and government agencies accountable and ensuring fair treatment for service members, federal employees, and their families.

For more information, please contact:

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

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Law Offices of David P. Sheldon Advocates for Amendment to SB93 to Expand Tax Benefits for Uniformed Services Retirees

Posted on February 17, 2025March 25, 2025 by Becky Haugen

Law Offices of David P. Sheldon Advocates for Fair Tax Treatment of All Uniformed Service Retirees in Montana

Washington, D.C. – The Law Offices of David P. Sheldon, a leading firm in military and veteran legal advocacy, is actively supporting an amendment to Montana Senate Bill 93 (SB93) to ensure that all uniformed service retirees, including those from the U.S. Public Health Service (USPHS) and the National Oceanic and Atmospheric Administration (NOAA) Corps, receive equitable tax benefits.

Currently, SB93 provides a partial tax exemption on retirement income for military retirees who meet specific residency requirements. However, the bill excludes retired members of the USPHS and NOAA Corps, despite their official classification as part of the United States Uniformed Services under 10 U.S.C. 101.

Proposed Amendment to SB93

The Law Offices of David P. Sheldon is advocating for a critical amendment to:

Expand eligibility to include all uniformed services as defined by federal law.

Modify SB93’s language to reflect the full scope of eligible retirees, including USPHS and NOAA Corps personnel.

Remove the five-year limitation and extend the benefits permanently beyond 2033.

Why This Matters

The U.S. Public Health Service Commissioned Corps (USPHS) has served Montana and the nation for over a century, leading public health initiatives, emergency responses, and critical healthcare services—especially in underserved communities. Despite this, USPHS retirees remain excluded from Montana’s proposed tax relief, even though they receive the same pay and benefits as their military counterparts.

Montana residents can take action now by urging their legislators to support the amendment. A one-page fact sheet with key details about SB93’s requested changes is available.

How You Can Help

✔ Contact Montana state legislators and request their support for the SB93 amendment.
✔ Use our pre-drafted email template to easily reach out to your representatives [insert link].
✔ Spread the word on social media using #SB93 and tagging relevant policymakers.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon is a nationally recognized firm specializing in military law, veterans’ rights, and administrative advocacy. With decades of experience fighting for service members and their families, our firm remains committed to securing justice and fair treatment for those who have served.

For media inquiries or legal assistance, please contact:

Law Offices of David P. Sheldon, PLLC
MilitaryDefense.com
202-546-9575

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Annie Morgan on Military Justice & Women in the Armed Forces – Dog Tag Diaries Podcast

Posted on February 12, 2025February 19, 2025 by Becky Haugen

Guest Appearance by Annie Morgan on the Dog Tag Diaries Podcast to Discuss Military Justice and Defending High Value Detainees at Guantanamo Bay

Washington, D.C. – February 12, 2025 – The Dog Tags Podcast, hosted by Captain Kim and Captain Dakota, features a powerful new episode with special guest Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. Known for her fierce advocacy for service members and extensive work in military justice, Morgan shares her insights on legal challenges within the military, her experiences representing detainees at Guantanamo Bay, and the ongoing push for military justice.

Dog Tag Diaries, hosted by Captain Kim and Captain Dakota, has become a trusted platform for sharing authentic stories of experiences in the military—particularly those highlighting the voices and experiences of women in service. This episode adds another meaningful conversation to their growing library of compelling content.

Episode Highlights Include:

Annie Morgan’s work as military attorney for detainees at Guantanamo Bay
Defending military members and her commitment to justice for the military community
The importance improving conditions for women in the armed forces
Her own experiences of being part of the military community from childhood to now a Senior Military Attorney for the Law Offices of David P. Sheldon

Where to Listen:
The Dog Tag Diaries Podcast is available on Dog Tag Diaries. Don’t miss this episode featuring Annie Morgan and other inspiring voices from women in the military community. “Join Captain Kim as she explores Annie’s experiences defending airmen and navigating the intricacies of criminal justice.”

Lawsuit Filed Against Department of Defense for Medical Negligence and Procedural Violations

Posted on February 7, 2025March 25, 2025 by Becky Haugen

Complaint Filed Against Department of Defense Alleging Medical Negligence and Violations of Procedural Rights

Washington, DC – The Law Offices of David P. Sheldon have filed a federal complaint on behalf of the father of a deceased U.S. Navy seaman, alleging severe medical negligence by the medical staff aboard the USS Ronald Reagan and significant violations of due process by the Department of Defense.

The complaint asserts that the seaman, who tragically passed away in 2016, was denied proper medical care over a six-day period despite showing increasingly severe symptoms of illness. Medical personnel allegedly ignored protocol and failed to administer necessary diagnostic tests, resulting in the preventable death of a young service member.

“This case highlights a profound failure of care and accountability,” said Dylan Thayer, an attorney with the Law Offices of David P. Sheldon. “No family should ever experience such a tragic loss due to negligence, nor should they be denied justice by procedural errors and misapplications of the law.”

The complaint further alleges that after the independent autopsy revealed the true cause of death, the Department of Defense repeatedly misrepresented the circumstances surrounding the seaman’s passing. Efforts by the family to seek justice were met with denials and procedural barriers, including an improper refusal to apply the discovery rule to determine the timeliness of the claim.

“We are committed to ensuring that this family’s voice is heard and that those responsible are held accountable,” Thayer added. “This lawsuit is about more than just one individual case—it’s about exposing a broader issue and preventing future injustices.”

The lawsuit seeks judicial review of the Defense Health Agency’s denial of the family’s claim, arguing that the agency’s actions were arbitrary, capricious, and in violation of constitutional and statutory rights.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon are dedicated to representing military service members and their families in matters involving military justice, medical negligence, and appeals. With extensive experience in military law, the firm is known for its tireless advocacy and pursuit of justice for those who serve.

Law Offices of David P. Sheldon
202-546-9575
militarydefense.com

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Political Stunt Feasibility As Migrants Are Sent To Guantanamo

Posted on February 7, 2025March 25, 2025 by Becky Haugen

Accommodating 30,000 migrants would be “logistically impossible”, according to former Air Force Judge Advocate (JAG) Annie Morgan, a military attorney for the Law Offices of David P. Sheldon, Located in Washington, DC.

Full CNN story.

Trump’s Guantanamo Bay Migrant Detention Plan: Legal, Ethical, and Logistical Challenges

Trump’s plan to detain 30,000 undocumented migrants at Guantanamo Bay. Legal challenges, ethical concerns, and staggering costs dominate discussions of this controversial immigration policy.

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Federal Complaint Filed Over Denial of Education Benefits

Posted on February 6, 2025March 25, 2025 by Becky Haugen

Retired Navy Commander Files Federal Complaint Over Denial of Education Benefits

Washington, D.C. – February 4, 2025 – A retired U.S. Navy Commander with nearly three decades of service has filed a federal lawsuit in the U.S. District Court for the District of Columbia (Civil Action No. 1:25-cv-00324) against the Acting Secretary of the Navy, challenging the denial of Post-9/11 GI Bill education benefits for his children.

The complaint alleges that the Commander, who was eligible for reserve retirement as of 2008, was improperly denied the right to transfer education benefits due to errors by the Navy and inadequate counseling regarding eligibility requirements. Despite fulfilling all criteria outlined by Department of Defense and Navy regulations, he was misinformed that additional years of service were required. Acting on this misinformation, the Commander extended his service commitment but later retired in 2015 to address urgent family needs, including supporting a child with autism enrolled in the Navy’s Exceptional Family Member Program.

The lawsuit claims the denial of benefits was arbitrary, capricious, and inconsistent with established military regulations and past Board for Correction of Naval Records precedents. The Commander asserts that other service members in similar situations were granted relief and that his case deserves the same outcome.

“This case is about ensuring fairness for service members who have dedicated their lives to this country and holding the Navy accountable for fulfilling its commitments to military families,” said a Dylan Thayer the Commander’s legal representative.

The complaint asks the Court to remand the case for a new review, recognize the Commander’s eligibility to transfer education benefits, and correct his military records to reflect that eligibility. The case is being handled by the Law Offices of David P. Sheldon, PLLC, a firm specializing in military justice and veterans’ rights.

Media Contact:
Law Offices of David P. Sheldon, PLLC
Tel: (202) 546-9575
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Military Wrongful Death & FTCA Claims | Law Offices of David P. Sheldon

Posted on February 3, 2025March 25, 2025 by Becky Haugen

Justice for Wrongful Death Caused by Military Negligence

When a loved one’s life is tragically cut short due to military negligence, civilians have legal options to seek justice. Under the Federal Tort Claims Act (FTCA), individuals can hold the U.S. government accountable for wrongful death caused by military actions—whether through negligent vehicle accidents, or other misconduct.

Navigating claims against the government is complex, requiring skilled legal representation. The Law Offices of David P. Sheldon, based in Washington, DC, specializes in military law and wrongful death cases. With a deep understanding of FTCA claims, our firm fights for the justice and compensation families deserve.

If you’ve lost someone due to military negligence, don’t navigate this battle alone. Contact us today for a consultation or Call our firm at 202-546-9575 to discuss your wrongful death by military negligence case.

#MilitaryWrongfulDeath #FTCAClaims #MilitaryNegligence #JusticeForFamilies #DavidPSheldonLaw