Month: November 2025

Honoring Every American Who Has Worn the Uniform —This Veterans Day, We Stand With You

Posted on by Becky Haugen

Honor Veterans

On Veterans Day, we reflect on more than flags, parades or ceremony. We remember the

promise made by every man and woman who raised their right hand and said: “I will serve.”

 

From the boots on the ground to the officers and enlisted in the skies, from those on active duty

today to those who served decades ago, across the Army, Navy, Air Force, Marine Corps,

Space Force, Coast Guard, the Commissioned Corps of the United State Public Health Service

and those who serve in the National Oceanic Atmospheric Agency, those who serve in

uniforms carry our nation’s trust forward.

 

At the Law Offices of David P. Sheldon, PLLC, we’re honored to represent federal employees,

uniformed service members, veterans, and their families. We see every day the sacrifices that

accompany service — the hours away from home, the deployments, the weight of responsibility,

and the toll it takes on families.

 

And yet, for too many of our uniformed service members, including officers in the United States

Public Health Service Commissioned Corps (USPHS) and National Oceanic and Atmospheric

Administration Commissioned Officer Corps (NOAA Corps) that promise of service is coupled

with a broken promise of retirement. The fact is: they answered the call. They upheld the oath.

They trusted the system. And too often, they find themselves held back from full retirement

benefits.

 

That’s why we have launched our class-action effort, to make USPHS and NOAA retirees whole.

Because respect for service does not end when the uniform comes off. Respect must extend to

the benefits earned, the years of commitment kept.

 

This Veterans Day, let’s do more than say “thank you.”

 

Let’s act. Let’s honor the oath. Let’s secure dignity in retirement for those who stood watch for

our country and our communities.

 

If you are a uniformed service member — current, former, or transitioning — and believe your

retirement benefits have been delayed, withheld or mis-administered, now is the time to reach

out. Secure your voice. Join the effort.

 

From all of us at the Law Offices of David P. Sheldon, PLLC: Thank you for your service. We

honor you. We advocate for you. And we remain committed to holding the promise of retirement

true — because you kept your promise of service.  Let’s ensure your service is honored — not just with words, but with justice.

 

About Us:

The Law Offices of David P. Sheldon, PLLC represents federal employees, uniformed service

members, veterans, and their families across matters including disability retirement, military

justice, whistleblower relief, and class-action benefits litigation. This communication is for

informational purposes only and does not constitute legal advice. Please consult an attorney

before making decisions regarding your legal rights.

Attorney Dylan Thayer to Argue Military Promotion Case Before the D.C. Circuit: Mitchell v. Phelan

Posted on by Becky Haugen

SCOTUS on VA Appeals

The Law Offices of David P. Sheldon, PLLC, announced that Attorney Dylan Thayer will present oral argument before the U.S. Court of Appeals for the District of Columbia Circuit on Friday, November 21, 2025, in the case Ernest F. Mitchell v. John Phelan, Secretary of the Navy (Case No. 25-5013).

At issue in this appeal is whether the Navy violated federal law when it delayed a service member’s promotion beyond the statutory 18-month limit set by 10 U.S.C. § 624(d)(5)—and whether that delay automatically entitled Lieutenant Mitchell to promotion “by operation of law.” The case also challenges the Navy’s decision to issue a “detachment for cause”, alleging it was based on arbitrary findings inconsistent with military regulations and fairness standards.

Mitchell, a decorated officer with over a decade of service, was selected and Senate-confirmed for promotion to Lieutenant Commander before the Navy delayed his advancement following a minor disciplinary action. Despite a Board of Inquiry’s recommendation that he remain in service, his promotion was later withdrawn—prompting a challenge before the Board for Correction of Naval Records (BCNR), the U.S. District Court for the District of Columbia, and now the D.C. Circuit Court of Appeals.

Attorney Thayer, who will argue on behalf of LT Mitchell, emphasized the broader implications of the appeal:

“This case isn’t only about one officer’s career,” Thayer said. “It’s about ensuring that the military follows its own laws and deadlines and that service members are not punished twice for the same incident. Congress set an 18-month limit on promotion delays for a reason: to guarantee accountability and prevent arbitrary career destruction.”  “It’s also about the plain meaning of the statute.”

The appellant’s brief argues that once the Navy exceeded the statutory delay period, Mitchell was automatically promoted by operation of law, and that the Board for Correction of Naval Records acted arbitrarily and capriciously when it failed to correct this injustice.

The appeal also challenges the Navy’s expansive interpretation of “substandard performance” under MILPERSMAN 1611-020, arguing that no definition of “gross negligence” or “complete disregard of duty” fits the record of an officer consistently rated “Promotable” or “Above Standards” in multiple fitness reports.

Oral argument is scheduled for 9:30 A.M. on November 21, 2025, before a three-judge panel at the E. Barrett Prettyman U.S. Courthouse in Washington, D.C. The outcome could set an important precedent on promotion timelines, executive appointment authority, and due process protections for officers across the armed services.

 

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents military service members, veterans, and federal employees worldwide in courts-martial, boards of inquiry, BCNR and BCMR appeals, and federal court litigation. The firm is nationally recognized for its advocacy in military justice, administrative appeals, and constitutional due process.

Disclaimer

This release is for informational purposes only and does not constitute legal advice. Past performance does not guarantee future results. Viewing or responding to this release does not create an attorney-client relationship.