Author: Becky Haugen

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

Posted on by Becky Haugen

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.”

Posted on by Becky Haugen

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

Posted on by Becky Haugen

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

Posted on by Becky Haugen

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

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

www.militarydefense.com

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?

Posted on by Becky Haugen

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.”

Posted on by Becky Haugen

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

Case Results: USPHS Commander Wins Restoration of Retirement Credits

Posted on by Becky Haugen

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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Case Results: Complete Relief Army Reserve Captain Wrongfully Denied Retirement

Posted on by Becky Haugen

The Law Offices of David P. Sheldon obtains complete relief before the Army Board for Correction of Military Records for Reserve Captain wrongfully denied retirement.

Read the Complaint Here

In 2001 Army Reserve Captain Roland Casillas (ret.) was transferred by the Army to the Retired Reserve based on official orders which declared that he had completed 20 years of service. Though he was uncertain as to whether he met this required, the Army Reserve Personnel Center informed him that he indeed met it, and he was issued an ID card identifying him as a member of the Retired Reserve. Though he was seeking reentry into the ranks at the time, he relied on these orders and instead accepted the promised retirement. This meant that he was due an official Army retirement upon reaching the age of 60, including retired pay and medical care. Yet, when he actually reached the age of 60 in 2018, the Army denied his request, this time claiming that Capt. Casillas had insufficient time in the ranks to qualify for retirement. The Army would even issue orders rescinding their orders from 2001 transferring Capt. Casillas to the Retired Reserve. This was in direct violation of long-established case law which holds that the Army cannot deny a retirement to an individual who it had told was qualified for retirement.

In January of 2020 the Law Offices of David P. Sheldon appealed this denial on behalf of Capt. Casillas in the Court of Federal Claims. This resulted in a voluntary remand to the Army Board for the Correction of Military Records on May 14, 2020. This voluntary remand has now successfully concluded for Capt. Casillas, with him receiving back pay, medical benefits, compensation for the denied medical benefits, and his full retirement for life. Capt. Casillas now joins the ranks of the many service members who have had their rights successfully upheld by the firm.

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Testimonial: Veteran Benefits and Retirement Restored for USPHS Member

Posted on by Becky Haugen

My first call with David demonstrated his knowledge of the “system” and gave me hope.I could not get a single phone call returned or an email reply from my service branch without his law firm’s help. As a result of their intervention I’ve been able to receive all the retirement and VA benefits that I was entitled to. These benefits had been ignored or denied, until their legal team set to work on my behalf, and achieved complete resolution. Thanks again to the entire staff of the Law Offices of David P. Sheldon PLLC.

P.Z.  USPHS/Air Force