Becky Haugen, Author at Law Offices of David P. Sheldon

Orders Under Fire: When Following Command Becomes a Legal Risk in Today’s Military

Posted on November 21, 2025November 21, 2025 by Becky Haugen

Recent media coverage has thrust the issue of military obedience and unlawful orders into the headlines. In multiple cities, federal and National Guard deployments have been challenged as exceeding legal authority, and lawmakers have publicly urged service members to refuse orders they believe to be illegal. These developments make this long‑standing legal principle not just theoretical—but urgently relevant for today’s service members. At the Law Offices of David P. Sheldon, we believe now is the right moment to revisit this duty in light of changing command, control and civil‑military relations.

When Obedience Becomes a Crime: The Military Duty to Disobey Unlawful Orders

Obedience in Uniform Has Limits

Military personnel are bound by duty, discipline, and the chain of command. But that duty does not extend to illegal actions. Under both U.S. military law and international standards, service members are legally required to refuse unlawful orders—a point often overlooked in public discourse and sometimes misunderstood within the ranks.

At the Law Offices of David P. Sheldon, we’ve stood beside clients worldwide who’ve had the courage to disobey in defense of justice and the Constitution. This article explores the legal, ethical, and historical foundations of the duty to refuse unlawful orders—and what protections exist for those who do.

What Is an Unlawful Order?

Under the Uniform Code of Military Justice (UCMJ) Article 92, service members are required to obey lawful orders. However, not all orders are lawful, and military law draws a clear distinction between orders that must be followed and those that must be refused.

An unlawful order is one that requires the commission of a criminal act or violates the Constitution, U.S. federal law, or applicable international law.

Examples of Unlawful Orders:

Targeting or intentionally harming civilians
Torturing or abusing detainees
Falsifying operational or legal records
Engaging in unauthorized political or domestic law enforcement actions

Important Note: All military orders are presumed lawful. The burden falls on the service member to establish that an order is manifestly unlawful. This is a high standard, and hesitation or refusal can carry serious consequences—even if ultimately justified.

Because of this legal complexity, service members should consult with legal counsel as soon as they suspect an order may be unlawful. Do not disobey an order without first seeking guidance from a qualified military attorney, unless the order is clearly illegal on its face (e.g., ordering you to shoot unarmed civilians).

According to Army Field Manual 27-10:

“The fact that a person acted pursuant to order of his government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible.”

Historical and Legal Precedents

Nuremberg Trials (1945–46)

Established the global legal principle that “just following orders” is not a valid defense for war crimes.

Yamashita v. Styer, 327 U.S. 1 (1946)

Held a commanding officer accountable for crimes committed by subordinates—introducing the doctrine of command responsibility. (Read the case)

United States v. Calley (My Lai Massacre)

Calley’s conviction showed that carrying out manifestly illegal orders—even in combat—results in individual accountability. (U.S. Army analysis)

Lt. Ehren Watada (2006)

Refused deployment to Iraq, arguing that the war was illegal. Although his case ended in a mistrial, it reignited public debate on conscience versus command. Case overview

Ethics in Action: The Burden of Moral Courage

Military obedience does not require blind loyalty. Orders carry the presumption of legality, but that presumption is rebuttable—especially when the order is clearly illegal on its face. Recognizing an unlawful order is often difficult in fast-moving, hierarchical situations. Still, ethical training and operational awareness are designed to support service members in making these critical decisions.

Protections for Service Members Who Speak Up

Disobeying an unlawful order may save lives, protect the Constitution, and uphold international law—but it can also put a service member at risk of retaliation, adverse career action, or criminal charges.

Key Legal Protections:

Military Whistleblower Protection Act
Protects service members who report violations of law or abuse of authority.
10 U.S. Code § 1034
MEB/PEB Appeals and Administrative Relief
If a service member is wrongfully discharged or medically separated in retaliation, legal remedies may be pursued through the Physical Evaluation Board (PEB) and the Board for Correction of Military Records (BCMR).

How the Law Offices of David P. Sheldon Can Help

We represent service members in all branches of the armed forces—worldwide. From courts-martial and boards of inquiry to whistleblower defense and medical discharge litigation, we know how to challenge wrongful actions at every level of military command.

If you’ve been threatened, punished, or silenced for refusing an unlawful order—or for reporting one—you are not alone. And your rights deserve to be defended.

About the Law Offices of David P. Sheldon

Located in Washington, DC, the Law Offices of David P. Sheldon is a premier military defense firm representing active duty, reserve, and retired service members in courts-martial, MEB/PEB proceedings, security clearance matters, administrative separation, and federal court appeals. With over 25 years of experience, we are committed to protecting those who serve.

Learn more: www.militarydefense.com

Serving Clients Worldwide, Based in Washington, DC

References & Citations

Legal Disclaimer

This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is fact-specific. If you are facing a legal issue related to military justice or command authority, you should speak with a qualified and licensed military law attorney.

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

Posted on November 21, 2025November 21, 2025 by Becky Haugen

Update: The live recording Oral Argument Mitchell v Phelan.
Friday, November 21, 2025 9:30 A.M.
Judges Pillard, Walker, Edwards Case 1: 25-5013 Ernest Mitchell v. John Phelan

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.

USPHS Class Action Update

Posted on November 20, 2025November 21, 2025 by Becky Haugen

USPHS Class Action Update: Back Pay and Ongoing Review

Update Class Action Memo 11_20_2025

The Law Offices of David P. Sheldon, PLLC has issued an update regarding Futch et al. v. United States (No. 1:25-cv-01915-EDK), the class action pending before the U.S. Court of Federal Claims on behalf of U.S. Public Health Service retirees and survivors affected by the 2025 government shutdown.

With the federal government now reopened, the Treasury Department has initiated back pay disbursements for USPHS retirees. While this is a welcome development, the legal question remains unresolved: whether the federal government can suspend pay for uniformed service retirees during future shutdowns.

As counsel for the class, David P. Sheldon and his team will continue to monitor proceedings and oppose any dismissal that fails to address the underlying structural issue.

Retirees and survivors with questions may contact the class coordination team at class.action@militarydefense.com or call 202-546-9575.

Sign-Up to receive updates by using our Contact Us Form

Federal Court Filing Challenges Years-Long Naval Injustice, Seeks Restoration of Honor for Decorated Officer

Posted on November 18, 2025 by Becky Haugen

A Story of Duty, Loss, and the Fight to Correct the Record

In a case that spans more than a decade and cuts to the heart of integrity within the military justice system, a decorated naval officer has filed a powerful legal challenge seeking to correct his record after years of wrongful blame for a tragic maritime accident.

The officer served his country with distinction for nearly a quarter century. His career was abruptly derailed following the death of a sailor during a small-boat operation aboard a naval vessel in the Gulf of Aden. The tragedy, shaped by systemic failures long documented within the ship’s class, triggered immediate scrutiny. But instead of acknowledging years of known mechanical defects, procedural gaps, and unaddressed safety concerns, the Navy unfairly shifted the blame onto the officer, who had done everything he was required to do by Naval regulations to ensure that the operation was conducted safely.

What followed was more than a personal crisis, it became a test of institutional accountability.

A Tragedy Years in the Making

Long before the fatal incident, internal communications, fleet workshops, and technical analyses warned that certain ships suffered from chronic deficiencies, insufficient training guidance, and construction issues that placed sailors at increased risk.

Those warnings never made it to the commanding officers, who as a consequence relied on inaccurate data and outdated procedures, putting themselves and their crews at risk.

When the tragic accident occurred, multiple expert witnesses testified that the operation followed then existing Navy standards and that the failure of the small boat’s engine, combined with equipment and manning limitations, as well as problems endemic to the class of ships as a whole, created a situation that could have happened to any command team under similar conditions.

Yet, despite evidence of systemic failure, the Navy imposed punishment that derailed the officer’s career, stripped him of professional opportunities, and left a shadow over his distinguished service.

The Legal Fight: A Cross-Motion for Summary Judgment

This filing signals a turning point. Dylan Thayer of the Law Offices of David P. Sheldon, PLLC submitted a comprehensive opposition and cross-motion for summary judgment, arguing that the Navy’s actions were unlawful, unsupported by evidence, and contrary to statute.

The motion challenges:

The Navy’s rejection of a Board for Correction of Naval Records (BCNR) recommendation that unanimously supported correcting the officer’s record and granting him a Special Selection Board (SSB), critically needed to repair years of promotion-board harm.
Procedural violations, including the mishandling and loss of material evidence during administrative review.
The legal authority of a Navy attorney, who overruled the BCNR without sufficient statutory power.

This filing asks the federal court not only to correct the officer’s record but, in so doing, to send a message about fairness, accountability, and due process within the military justice system.

A Human Story at Its Core

Behind the filings, the hearings, and the years of administrative struggle is a simple truth:
A service member who dedicated his life to the Navy has spent years fighting for his name to be cleared and his future to be restored.

He does so not for recognition, but because every service member deserves a system that honors the truth, follows the law, and protects the integrity of those who volunteer to lead.

ABOUT THE LAW OFFICES OF DAVID P. SHELDON, PLLC

The Law Offices of David P. Sheldon, PLLC is a Washington, D.C.–based firm nationally recognized for its representation of service members across all branches, federal employees, veterans, and uniformed officers. The firm specializes in military justice, BCNR/ABCMR petitions, security clearance cases, administrative law, and federal litigation. With a commitment to integrity, advocacy, and excellence, the firm fights for those who serve.

DISCLAIMER

This press release is for informational purposes only and does not constitute legal advice. No attorney–client relationship is formed by this communication. Past results do not guarantee future outcomes.

Army Physician Decision by the Physical Evaluation Board, Opening Path Toward Recovery and Renewal

Posted on November 17, 2025November 18, 2025 by Becky Haugen

The Law Offices of David P. Sheldon, PLLC is pleased to share that a client represented before a U.S. Army Physical Evaluation Board (PEB) has formally accepted the board’s findings, completing a significant step in their journey toward recovery and transition. The case is unique as DOD standards are much more stringent regarding Fitness for Duty when applied to physicians serving on active duty.

After months of evaluation, documentation, and review under the Department of Defense’s medical disability process, the client’s board findings were finalized, and the service member signed the formal DA Form 199, concluding the board’s deliberations. The acceptance signifies not only closure within the administrative process but also a personal milestone — a moment to focus on healing and moving forward.

“This stage often represents both an end and a beginning,” said Attorney David P. Sheldon, founder of the firm. “For many of our clients, the Medical Board/Physical Evaluation Board process can be overwhelming and deeply personal. Finalizing the findings allows them to reclaim stability and begin the next chapter with clarity and dignity.”

The MEB and subsequent Physical Evaluation Board (PEB) processes are designed to assess a service member’s fitness for continued military service and entitlement to disability benefits. For many, these proceedings determine the trajectory of their future — including retirement, benefits, and access to medical care.

In this case, the client’s acceptance of the board’s recommendations represents a successful navigation of a complex administrative system that ensures their medical conditions are recognized and appropriately rated. The outcome underscores the importance of due process, advocacy, and professional representation for service members facing health-related career decisions.

The decision came on the heels of the Informal Physical Evaluation Board finding the soldier Fit for Duty, which was appealed. At a formal hearing, presented by Mr. Sheldon, the Board reversed that finding based upon the testimony of forensic psychologist, another doctor and the Soldier as well. In closing, Sheldon did not mince words: “I understand the Army wants a doctor, they paid for a doctor, but through no fault of his own is this soldier fit to be a doctor.”

The Law Offices of David P. Sheldon, PLLC remains committed to supporting service members through every stage of the disability and separation process — from initial medical evaluations to appeals and correction of military records. The firm celebrates this client’s perseverance and courage in reaching this pivotal step toward long-term recovery and personal stability.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC is a Washington, D.C.–based firm dedicated to defending the rights of service members, veterans, and federal employees worldwide. With decades of experience in military and federal administrative law, the firm represents clients before the Boards for Correction, Medical and Physical Evaluation Boards, the MSPB, and federal courts, ensuring that those who serve are treated with fairness, honor, and respect.

Disclaimer: The information provided in this post is for general informational purposes only and should not be construed as legal advice or as forming an attorney–client relationship. The case details have been limited to preserve the privacy of the client and comply with applicable confidentiality regulations. Each service member’s situation is unique, and outcomes may vary based on individual facts, evidence, and applicable law. Readers should consult qualified counsel before relying on or applying the information contained herein.

“Our Pay Is Earned, Not Optional”: USPHS Retirees Take Legal Action Against U.S. Government

Posted on November 12, 2025 by Becky Haugen

U.S. Public Health Service Retirees File Class Action Against the United States Over Unpaid Retirement Benefits During Shutdown.

Case Memorandum and Filing

WASHINGTON, D.C. — The Law Offices of David P. Sheldon, PLLC has filed a class action lawsuit in the U.S. Court of Federal Claims on behalf of retired officers of the U.S. Public Health Service (USPHS) whose retirement pay has been withheld during the ongoing government shutdown.

Filed on November 10, 2025, the Complaint asserts that the U.S. Government violated federal statutes that mandate monthly retired pay to USPHS officers. The suit, Commander William Michael Futch, et.al v. United States (Case No. 25-1915 C), seeks certification as a class action under Rule 23 of the Rules of the Court of Federal Claims (RCFC 23) and requests that the Court compel the United States to pay all withheld retired pay and future payments owed under 42 U.S.C. § 212.

“Retired officers of the U.S. Public Health Service have served this nation with distinction, many in hospitals, prisons, and public health emergencies,” said David P. Sheldon, founder of the firm. “Their earned retirement pay is not discretionary. It is guaranteed by law. The government’s refusal to pay them during the shutdown is both unlawful and unjust.”

The case is assigned to Judge Elaine D. Kaplan, former Chief Judge of the Court of Federal Claims and former Acting Director of the U.S. Office of Personnel Management. Judge Kaplan will determine whether to certify the matter as a class action and oversee subsequent notice to eligible class members.

If the Court certifies the class, all USPHS retirees who were not paid, during the current shutdown will be eligible to opt in as members. Once certified, the Court, not the firm, will oversee how class notices are issued, how members join, and how any settlement or judgment is distributed.

The Complaint invokes the Tucker Act (28 U.S.C. § 1491) and the Equal Access to Justice Act (28 U.S.C. § 2412), arguing that USPHS retirement statutes are money-mandating and require the United States to pay monthly retired pay regardless of appropriations lapses.

Next Steps for Potential Class Members

Potential class members—including all retired USPHS officers and eligible survivors—should:

Review the memorandum outlining the filing and court process.
Monitor communications for the Court’s certification and official notice.
Be prepared to opt in following Court instructions once notice is issued.
Direct questions or participation inquiries to class.action@militarydefense.com.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., The Law Offices of David P. Sheldon, PLLC represents members of the armed forces and all of the nation’s uniformed services in complex military and federal employment matters. The firm’s attorneys litigate before the U.S. Court of Federal Claims, Boards for Correction of Military Records, and federal appellate courts, advocating for the rights of service members, retirees, and federal employees nationwide.

📞 Media Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600 | Washington, DC 20003
📧 class.action@militarydefense.com 📞 202-546-9575
🌐 www.militarydefense.com

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

Posted on November 11, 2025 by Becky Haugen

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.

Veteran Military Attorney Karen Hecker Rejoins the Law Offices of David P. Sheldon, PLLC

Posted on October 31, 2025November 2, 2025 by Becky Haugen

Veteran Military Attorney Karen Hecker Rejoins the Law Offices of David P. Sheldon, PLLC

Washington, D.C. – The Law Offices of David P. Sheldon, PLLC proudly announces the return of Karen Hecker, a distinguished military and federal litigation attorney, who brings more than four decades of combined legal experience in military justice, appellate defense, and federal agency counsel service.

Before retiring from federal service in 2025, Ms. Hecker served for 21 years as an Associate General Counsel with the Department of Defense Office of General Counsel, where she managed complex, high-impact litigation on behalf of the Department and its senior leadership. Her work spanned international law, personnel and health policy, fiscal matters, and military justice under the Uniform Code of Military Justice.

Karen’s government career followed 24 years as an Air Force Judge Advocate (JAG), culminating in her retirement as a Colonel in 2017 after service on active duty and in the Reserves. Her military tenure included three years as a trial defense counsel, which also involved representing cadets as Military Cadet Counsel at the United States Air Force Academy, followed by eight years as an appellate defense counsel, representing service members before both the Air Force Court of Criminal Appeals and the Court of Appeals for the Armed Forces.

She later served as Deputy Staff Judge Advocate and Staff Judge Advocate at two operational bases, and ultimately as a judge on the Air Force Court of Criminal Appeals, where she presided over military appellate cases. Before her retirement, Karen also served as agency counsel for the Air Force Board for Correction of Military Records and during Officer Grade Determination reviews.

Returning to the firm where she previously practiced from 2001 to 2004, Karen joins as a Senior Litigation Attorney, bringing exceptional insight and experience to the firm’s representation of military and federal employees across all branches of service.

“Karen’s return to our firm is a tremendous asset for our clients,” said David P. Sheldon, founder and principal attorney. “Her depth of experience, leadership, and integrity exemplify our mission—to deliver justice and restore honor to those who serve.”

In her personal time, Karen enjoys boating on the Chesapeake Bay and volunteering with a local animal rescue organization.

Quick Update: Shutdown Puts Military, Retiree Pay at Risk and USPHS/NOAA Survivors Are Vulnerable

Posted on October 27, 2025October 27, 2025 by Becky Haugen

Shutdown Puts Military, Retiree Pay at Risk — and USPHS/NOAA Survivors Are Still Vulnerable

Washington, DC – October 26, 2025
A recent warning from Treasury Secretary Scott Bessent underscores the dire stakes of the ongoing U.S. federal government shutdown. Military personnel may begin missing paychecks as early as November 15 if funding remains unresolved. (United Press International)

While active-duty forces are immediately in the spotlight, this looming threat further highlights a critical but often-overlooked gap: the retirement and survivor payments for USPHS and NOAA officers and their families. Unlike active employees designated “excepted,” many retirees and survivor beneficiaries are not shielded by temporary funding fixes, legislative stopgaps or re-programmed appropriations.

Why This Matters — Now

The shutdown’s ripple effects on military pay demonstrate how quickly budget lapses translate into real financial risk.
USPHS/NOAA retirees and survivor beneficiaries, who depend on standing entitlements, remain at risk because they are not always included in emergency appropriations measures nor covered by the same protections afforded to active-duty pay.
The class action effort being advanced by the Law Offices of David P. Sheldon, PLLC is timelier than ever, particularly given the expanded visibility of funding vulnerabilities across the uniformed services.

“When the nation’s protectors and public-health officers are suddenly unsure if their next check will arrive, it’s not only a financial disruption, it’s a breach of trust,” said David P. Sheldon, founding partner of the firm. “Our class-action is built to ensure that those who served do not become collateral damage in a political shutdown.”

What You Can Do

If you are a USPHS or NOAA retiree, a surviving spouse or family member, or know someone who is concerned about delayed or interrupted benefit payments, we encourage you to reach out:

📞 Call: 202-546-9575
💻 Contact us via: militarydefense.com/contact-us

Your involvement can help shape the class action and amplify efforts to secure protections that must cover retirees and survivors, not just currently serving officers.