Law Offices of David P. Sheldon Wins ABCMR Case to Correct Records

On Monday, January 9, 2023, the Law Offices of David P. Sheldon won an Army Board for Correction of Military Records (“ABCMR”) case to have our client’s records corrected by the Department of the Army and his promotion awarded. The firm was able to obtain the relief less than six months from being retained.

This case involved adverse findings of an Army Regulation 15-6 investigation that were later unfounded by “clear and convincing evidence” and thus did not meet the definition of “reportable information.” Even after this finding and an ABCMR order to correct the records, the Department of the Army failed to correct and grant the requested relief.

The Law Offices of David P. Sheldon worked tirelessly to correct this injustice by requiring the Department of the Army to give our client the remedy he deserved and prevent any further undue hardship. After years of being stonewalled by the Department of the Army, our client finally received his order to correct his records and promotion from Lieutenant Colonel to Colonel.

The Law Offices of David P. Sheldon again thanks our client and the Department of Justice for helping to right this injustice. Specifically, we wish to express appreciation to our client for allowing the Law Offices of David P. Sheldon to advocate on your behalf and help reconcile significant relief in the correction of records, affirmation of promotion and related benefits.

Testimonial: “I highly recommend the Law Offices of David P. Sheldon for all of your military legal needs.”

Mr. Sheldon and his team were great right from the start. He laid out a knowledgeable plan of defense with a course of action that was born out of experience, with every intention of leveling the playing field to get to a fair result. I was caught up in a broken system filled with bias, privilege, and presumption. He was the voice that I needed in order to be heard and given even a chance of receiving some sort of justice. His advice and legal council brought peace and reassurance throughout the process and a result that could not have been achieved otherwise. I highly recommend the Law Offices of David P. Sheldon for all of your military legal needs as a very resourceful, informed, and experienced high powered firm that has a personal touch of immediate availability and response time. He will genuinely fight on your behalf and is an outstanding advocate to have by your side no matter what the charge or accusation. I was facing a command that was trying to end my career and ruin my record over contradictory instructions and technicalities that were being applied maliciously in an unequal fashion, but instead I am being allowed to remain in service to eventually retire as planned. I am extremely grateful for Mr. Sheldon and his team.

T.S. CDR Navy

Military Defense is a Sponsor at the PHS Symposium May 24-26, 2022

The 2022 Symposium will be the 55th annual meeting of the nation’s top Federal, Tribal, State and Local public health providers, administrators and emergency responders/planners.

This event is the only annual meeting dedicated exclusively to the work of U.S. Public Health Service Commissioned Corps officers.  Attendance strengthens the nation’s public health and emergency response capability, while building relationships that will further the mission and objectives of agencies  and provides specific education and training based on specialty. The 2022 Symposium is the 55th annual meeting of the nation’s top Federal, Tribal, State and Local public health providers, administrators and emergency responders/planners.

Event details are located at: https://www.phscof.org/symposium/
Military Defense is a Sponsor at the PHS Symposium in Phoenix May 24-26, 2022.
Please stop by the Military Defense booth and pick up some medical kits, stress balls and luggage wraps.
Congratulations to COA PHS for a successful 2022 conference.

Filing against Navy for Wrongful Death of a Marine Corps Poolee Ordered to Drive While Impaired by Illness

Press Release: The Law Offices of David P. Sheldon File Suit Against the Department of the Navy for the Wrongful Death of a Marine Corps Poolee Ordered to Drive While Impaired by Illness.

Law Offices of David P. Sheldon PLLC

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(202) 546 9575

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Read the Complaint Here

The Law Offices of David P. Sheldon File Suit Against the Department of the Navy for the Wrongful Death of a Marine Corps Poolee Ordered to Drive While Impaired by Illness.

For nearly a decade, Tyler Gergler dreamed of following his parents’ legacy of service in the Marine Corps. When he turned 18, he was finally able to realize that dream, by joining the Delayed Entry Program, in preparation for active-duty service in the Corps. Delayed Entry Program members, or “poolees” enlist in the Marine Corps, but, as the title states, have their entry delayed so that they may participate in a physical training program to prepare them for boot camp. They remain, until entry, with their families, though also under the orders of their recruiters.

A month and a half later, on July 26th, 2019, Tyler was very ill and had been throwing up for nearly 16 hours. Via text, his recruiters ordered him to make the drive from southern Maryland to Colt’s Neck New Jersey for a social event the next day. When he notified his recruiters of how sick he was, they ordered him to drive anyway, and stated that he could be discharged for failing to show. Under this overwhelming pressure, Tyler obeyed his noncommissioned officers’ orders. Less than an hour and a half later, on a beautiful summer afternoon, Tyler died when, for no reason, his car veered off the road and crashed into the highway guard rail. There were no drugs or alcohol in his system, nor were there any conditions on the road that could have caused the accident.

Tyler’s grieving parents, Jason Gergler and Raynu Clark, received not a single benefit from the Marine Corps. No life insurance, no funeral support, and, disgracefully, not even a flag or letter of appreciation for their son’s service. The Corps’ position was that Tyler had died while driving to stay with family that night, and thus had not died in the service of the United States. They were left with nothing but Tyler’s memory.

The Law Offices of David P. Sheldon, alongside local counsel, have filed suit in the District of New Jersey, to correct this. Clark and Gergler v. The Honorable Carlos Del Toro, 2:22-cv-2586, illustrates the egregious and negligent conduct of Tyler’s recruiters, and the way they knowingly ordered a severely ill young Marine to drive.

This suit is not only to help compensate Mr. Gergler and Ms. Clark for the death of their son, but also to effect real change within Marine Corps recruitment practices. Tyler’s parents want to ensure that the Marine Corps will put in place the policy changes needed to ensure that no other parents have to suffer the same tragedy.

 

 

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Opinion: What is the U.N. doing to stop the war and hold Russia responsible?

The Washington Post
Letters to the Editor
Opinion: What is the U.N. doing to stop the war and hold Russia responsible? by David P. Sheldon.

Russia must now be held accountable. It will undoubtedly take time, but so did Nuremberg.

David P. Sheldon, Washington

Testimonial: “I knew this team would get the job done, and they did.”

I would like to take this opportunity to express my gratitude to the Office of David P. Sheldon as well as his team that worked closely with me during this entire legal process. I’m not sure how much I can discuss, but I can say that I was promised something when I was first commissioned and was then later informed that the USPHS made a mistake and would not honor what they originally agreed upon. Common sense told me that this was wrong and unfair and that I needed legal representation. I did seek out two other firms other than David Sheldon and that same common sense told me that this was the firm to represent me, without any reservation. After speaking with David I felt that he had the most experience, the most confidence and the most integrity which instantly gave me a sense of assurance. It was that assurance that made the whole process tolerable and comfortable as well as a deep feeling that I had nothing to worry about. Truly, I knew in the back of my mind that this team would get the job done, and they did. Again I can’t express my gratitude enough for a job well done.

With great thanks,

CDR H

Article: IRR National Guard Know Your Rights: Delay and Exemption Boards

In the Individual Ready Reserve (IRR) or National Guard marking your time? Activation and deployment orders — know your rights or go at your own peril

 By David P. Sheldon and Shannon James

January 28, 2022

With the potential call up of tens of thousands of those of you who have been marking time in the Individual Ready Reserve (IRR), the National Guard or the Army Reserves for almost a decade now, one needs to act carefully to ensure that you consider your options. You may have established a career, a family, and the responsibilities that come with those things when suddenly you are faced with activation and deployment orders. Your world just blew up. Now what?

Recent events in Eastern Europe and Russia’s stated aggressive stance towards Ukraine portend activation and deployment orders for thousands, if not a 100,000 service members by the end game. Individuals who have served in the National Guard or Reserves may do so believing their commitment will likely remain restricted to weekends or a few weeks a year. While activation and deployment orders are always possible, these soldiers, sailors, Marines, and airmen may not be prepared, especially those who serve in the IRR, to activate and deploy.

Reservists and members of the National Guard should certainly take note and, of course, have a plan in place, especially if they are not in a position to deploy because of work and/or family obligations. But Congress has also allowed for service members to request delay and exemption from orders, through the delay and exemption board. But you must meet the statutory and regulatory bases. And, like everything, timing is critical.

It is important for Reserve and Guard members to understand the time frames in which they may request a delay or deferment in reporting, or an exemption from active duty, since untimely requests may not be processed, and even timely requests can be severely truncated by not understanding the rules and regulations that govern delay and exemption boards. It is also important to have an understanding of the differences between the types of requests and how they may affect a Reserve or Guard member.

The process varies depending on the military department involved, although if denied, generally appeals are available. Having an experienced attorney from the get-go can be critical since members may not be aware of exactly what information they need to provide before a request is considered. Although the process begins with a phone call or a form which may seem simple enough to complete, it is important to know what information a board is looking for in order to provide the strongest application possible. If past conflicts have taught us anything, it is that National Guard members and reservists need to be prepared. Timing is critical. The bottom line is that before you call the number on your orders to the delay and exemption board, let alone submit the form that governs, consult the rules and regulations that apply — or, better yet — call a qualified legal counsel that can assist you in making the very best case for a delay and exemption of your activation and deployment.

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Case Results: USPHS Commander Wins Restoration of Retirement Credits

Another success story for the Law Offices of David P. Sheldon at the Public Health Service Board for Corrections (PHS BFC). The Law Offices of David P. Sheldon represented a Commissioned Corps Commander who was promised retirement credit-in writing-for prior federal civilian service, only to be informed just before retirement that the Commissioned Corps was denying the credit.

As a result of our firm’s efforts, the PHS BFC “concluded that Corps actions constituted an egregious error and an injustice.” Our client will now receive the retirement credit so richly deserved and is now eligible to retire immediately since receiving years of constructive service credit.

 

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Spotlight: Volunteering for Housing Development

This month’s Spotlight is on non-profit work done by Attorney Shannon James, and her husband Doug.

Shannon and Doug make yearly trips to Rocky Point, Mexico to build houses for those in need. The non-profit provides resources of time and labor to help the organization 1 Mission. 1Mission is a community development organization. They allow recipients to receive a house by contributing service hours to help themselves and their community of 1Mission.

Shannon and Doug look forward to spending time working with 1Mission every year. The work is fulfilling and provides needed resources of volunteer hours to help accomplish the community development of housing for those in need.

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