Polygraphs in the War Department: A Dangerous Step for Federal and Military Employees

Polygraphing Federal Workers and Service Member

When news breaks that senior leadership wants to clamp down on “leaks” by ordering random polygraph tests for Department of Defense employees and service members, it may sound like a tough approach to discipline. But beneath the surface, it reveals something far more troubling.

Imagine being a civilian analyst who has worked for years in the Pentagon, or a young service member stationed overseas. You’ve given your career, your loyalty, and your reputation to your job. Then one day, you’re summoned to take a lie detector test, not because you’re accused of wrongdoing, but simply because the leadership wants to make an example out of “someone.” Suddenly, your job, your career, and even your honor are tied to a machine that courts themselves hesitate to trust.

Polygraphs are not foolproof. They measure stress, not truth. And stress runs high when your livelihood is on the line. A nervous breath, a racing pulse, or even the memory of a past mistake can trigger results that look suspicious. For federal employees, this creates the risk of being disciplined, demoted, or fired without real evidence. For military service members, the consequences can be even harsher, career-ending investigations, loss of retirement, or even court-martial referrals.

What’s more concerning is the power dynamic at play. In the military and defense world, careers depend heavily on trust from the chain of command. By inserting random polygraphs into that environment, leadership turns trust into fear. It chills communication, discourages whistleblowers, and silences those who might otherwise raise legitimate concerns. The War Department becomes less about defending the nation and more about policing its own employees under a cloud of suspicion.

This is not just a matter of workplace policy, it’s a legal landmine. Federal workers are protected by the Constitution and statutes like the Civil Service Reform Act and Privacy Act. Military members are entitled to due process under the Uniform Code of Military Justice. Random polygraph sweeps brush aside those safeguards. They flip the burden of proof, turning ordinary employees into suspects. They stretch constitutional limits on privacy and due process. And they invite abuse, where the results of a questionable test could be used to target individuals for reasons that have nothing to do with leaks.

At its core, this push for polygraphs is less about national security and more about power. It suggests that the War Department’s leadership can bypass established protections whenever it feels threatened by criticism or exposure. But history shows that when leaders demand tools of intimidation instead of lawful process, the rights of ordinary employees and service members erode first, and restoring them is never easy.

For those who serve, whether in uniform or in civilian roles, the warning is clear: unchecked demands for polygraph testing are not a show of strength, but a sign of weakness in leadership. They risk transforming the workplace into a climate of fear, where truth becomes secondary to control. And that is a dangerous path for a department tasked with defending a free nation.

 

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Federal employees and service members facing adverse action should seek representation from a qualified attorney.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., defends service members, federal employees, and civilian contractors in cases involving adverse actions, investigations, and injustices in the military and federal workplace. With decades of experience, our firm is dedicated to protecting the rights of those who serve. Learn more at www.militarydefense.com.

A Veteran’s Fight for Justice Continues in Federal Court Against the U.S. Navy

Veteran’s Fight for Justice Continues in Federal Court Against the U.S. Navy

A decorated U.S. Navy veteran has taken his fight for justice to the U.S. Court of Appeals for the D.C. Circuit, challenging what he contends is an unfair and unlawful disability rating that stripped him of the retirement benefits he earned through combat service. Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the case asks the appellate court to correct a series of errors by the Navy’s Physical Disability Board of Review (PDBR).

A Story of Service and Sacrifice

This veteran served honorably as a Petty Officer First Class in covert reconnaissance squadrons, flying dozens of combat missions across Iraq, Afghanistan, and the Balkans. His role placed him in direct danger, tracking enemy positions, calling in strikes, and witnessing devastation at close range.

One mission in particular, an air campaign that resulted in over 180 enemy combatants killed in action, left lasting scars. In the months that followed, he developed the hallmarks of post-traumatic stress disorder (PTSD): intrusive memories, nightmares, anxiety, and depression. By 2007, Navy doctors determined his PTSD was permanent, ending his career as a flight technician.

Despite his clear diagnosis, the Navy awarded him only a 10% disability rating, far below the 50% rating mandated by federal law (VASRD § 4.129) for service-related PTSD severe enough to cause separation from service. That rating meant severance pay instead of medical retirement, a decision that has denied him lifetime benefits for over 15 years.

A Long Legal Battle

The veteran sought relief through the PDBR, which in 2022 admitted his PTSD was service-connected and warranted a retroactive 50% rating. Yet the Board simultaneously cut his rating back to 10% without ever conducting a follow-up medical examination, contradicting both statute and regulation.

Federal district court upheld the Navy’s decision earlier this year, prompting the veteran to appeal. His case now rests with the D.C. Circuit, where his attorneys argue that the Navy’s actions were arbitrary, capricious, and contrary to law and that the proper remedy is full medical retirement.

“This case is about more than numbers on a chart,” said Dylan Thayer, lead counsel. “It is about honoring the sacrifices of those who served in combat, ensuring that the law is applied fairly, and correcting years of injustice.”

Broader Implications

The outcome of this appeal could have lasting implications for thousands of veterans who were medically separated with low ratings between 2001 and 2009, a period Congress has acknowledged was plagued by systematic under-rating of combat-related disabilities.

For this veteran, the case is deeply personal. “After everything he gave in service to his country, he deserves the benefits promised under law,” Thayer added.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney–client relationship. Every case is unique, and results depend on the facts and circumstances of each matter.

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 boutique law firm representing service members, federal employees, and veterans in complex military and federal employment matters. With decades of combined experience, the firm advocates for those facing injustice in courts-martial, boards of inquiry, correction boards, security-clearance cases, and federal appeals.