Army Veteran Seeks Justice in Medical Retirement Appeal to Correction Board
A retired Army National Guard noncommissioned officer has petitioned the Army Board for Correction of Military Records (ABCMR) to correct what he says was a deeply flawed administrative process that failed to account for his combat-related traumatic brain injury (TBI) and misrepresented the nature of his discharge.
During a 2004 deployment to Iraq, the veteran was knocked unconscious by an improvised explosive device (IED), resulting in a diagnosed TBI and long-term behavioral health and cognitive impairments. Despite a permanent psychiatric profile, decertification from his instructor role, and a commander’s statement recommending retirement due to diminished performance, a Medical Evaluation Board (MEB) later found him “fit for duty.”
Shortly afterward, a Qualitative Retention Board from the Arkansas Army National Guard determined he would not be retained, offering no explanation for its decision. As a result, he was transferred to the Retired Reserve, not formally discharged for medical reasons, nor provided with a retirement disability.
The petition, filed by The Law Offices of David P. Sheldon, PLLC, details how the original MEB and subsequent reviews failed to incorporate key medical records or fully consider the extent of his injuries. It also alleges violations of legal procedures, including failure to disclose advisory opinions to the applicant, as required by federal law.
“This veteran’s case is a textbook example of how bureaucratic gaps and incomplete records can undermine justice for injured service members,” attorney David P. Sheldon confirms. “He was medically profiled, removed from his instructional position, and ultimately sidelined without proper recognition or review of his injuries. We are urging the Board to finally correct the record.”
The ABCMR filing is requesting a new evaluation that includes all relevant Department of Veterans Affairs and military medical records, as well as consideration for medical retirement status retroactive to his transfer from service.