Author: Becky Haugen

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

Posted on by Becky Haugen

wrongful blame for a tragic maritime accident

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Those warnings never made it to the commanding officers, who as a consequence relied on inaccurate data and outdated procedures, putting themselves and their crews at risk.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

Army Doctor Gets Results at PEB

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 by Becky Haugen

USPHS Retirees File for Retiree Benefits and Backpay

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 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.

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

Posted on by Becky Haugen

Karen Hecker joins Law Offices of David P Sheldon, PLLC

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 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.

Appeal Challenges Air Force ROTC Disenrollment Decision—Firm Argues Due Process and Fairness Violated

Posted on by Becky Haugen

The Law Offices of David P. Sheldon, PLLC has filed an appeal challenging the Air Force Reserve Officer Training Corps’ (AFROTC) decision to disenroll a cadet just weeks before his commissioning. The appeal, submitted to the Commander of the Air Force ROTC, calls for reinstatement and correction of the record, citing significant procedural flaws and violations of fairness and due-process principles.

According to the appeal, the former cadet, a first-generation American, had earned a Type II scholarship, served as a Scholastic Officer and head of the Cadet Leadership Council, and was selected to become a Remotely Piloted Aircraft (RPA) Pilot before his disenrollment in 2024.

The appeal contends that the disenrollment rested on a mischaracterization of events, including an arrest that was later expunged by court order and a minor physical-fitness-test irregularity that the cadet immediately self-reported and retested. The filing argues that Air Force regulations and constitutional standards require decisions to be based on final adjudications, not unproven allegations, and that the cadet’s expunged record cannot lawfully serve as grounds for career-ending action.

Citing Department of the Air Force Manual 36-2032 and AFROTC Instruction 36-2017, the appeal asserts that commanders are improperly instructed to act on “original events” rather than judicial outcomes, contradicting the presumption of innocence guaranteed by the Fifth, Sixth, and Fourteenth Amendments. The filing further notes that the cadet’s alleged “breach of contract” for failing to commission in the intended fiscal year was due to court delays outside his control, not misconduct.

Supporting letters from senior officers, describe the cadet as an honest, resilient leader who has demonstrated rehabilitation, faith, and renewed commitment to service.

“Every cadet deserves a fair, fact-based evaluation, not a lifetime penalty for a record the courts have cleared,” said David P. Sheldon, lead counsel on the appeal. “This case is about restoring integrity to the ROTC process and ensuring that deserving young Americans are not barred from serving their country because of bureaucratic error.”

The appeal requests full reinstatement into the AFROTC program or, alternatively, a correction of the official DD Form 785 to allow the cadet future eligibility for Officer Training School.

ABOUT THE LAW OFFICES OF DAVID P. SHELDON, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon represents service members, cadets, and federal employees in military and administrative law matters worldwide. The firm has built a national reputation for defending the rights and careers of those who serve.

DISCLAIMER

This press release is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and applicable law. Reading this release does not create an attorney-client relationship. Individuals facing ROTC disenrollment or similar administrative action should consult qualified counsel for legal guidance regarding their particular circumstances.

 

Ninth Circuit Judges Question Legality of DoD’s Transgender Service Ban

Posted on by Becky Haugen

Rainbow pride flag

Two judges on the U.S. Court of Appeals for the Ninth Circuit signaled deep concern this week over the Department of Defense’s sweeping transgender service ban—questioning both its constitutional footing and its breadth. The appeal, argued Monday, stems from the Trump administration’s Executive Order 14183 and subsequent DoD policy excluding individuals with a history or diagnosis of gender dysphoria, or even “symptoms consistent with” it, from military service.

During oral argument, the panel pressed government counsel to explain why the policy appears to bar virtually all transgender persons from serving, despite years of successful open service under previous administrations. One judge noted that the ban “seems to cover anyone who has ever been identified as transgender, whether or not they are currently receiving treatment or have demonstrated any impairment.”

As reported by Law360, Courthouse News Service, and Bloomberg Law, the judges questioned whether DoD could produce any empirical evidence that transgender service negatively impacts readiness, cohesion, or medical deployability. (Law360, Oct 20, 2025) | (Courthouse News Service, Oct 20, 2025) | (Advocate.com, Oct 21, 2025)

A written decision has not yet been released. The Ninth Circuit typically posts opinions to its public docket without advance notice. Observers expect a ruling “in the coming months.”

Opinion: What This Means for Military and Federal Employees

The tone of Monday’s hearing suggests the court may reject the government’s “blanket” approach. The judges’ skepticism indicates that DoD may soon be directed to re-evaluate or narrow the ban, grounding any restrictions in demonstrable evidence rather than broad classifications.

For active-duty and reserve members facing harassment or adverse action linked to gender identity, this hearing offers reason for cautious optimism. Even as litigation continues, service members and DoD civilians retain independent administrative remedies—including Equal Opportunity complaints, Inspector General filings, and EEO or MSPB channels for federal workers.

Those who have experienced disciplinary action, medical disqualification, or separation under the new policy should preserve documentation and seek prompt legal counsel. These records will be critical if the Ninth Circuit affirms the injunction or orders a partial stay.

Resources and Citations

David P. Sheldon, PLLC Pursuing Class Action to Protect NOAA and U.S. Public Health Service Retirees and Families

Posted on by Becky Haugen

Senior Attorneys Annie Morgan and Dylan Thayer of The Law Offices of David P. Sheldon, PLLC, intend to prepare a class action lawsuit on behalf of retirees and surviving family members of the U.S. Public Health Service (USPHS) and National Oceanic and Atmospheric Administration (NOAA) who may face interruptions in their retirement or survivor benefit payments during a federal government shutdown.

If you or a loved one is a retired officer or survivor who has experienced or is at risk of delayed or withheld payments, we would like to hear from you. Your participation may help hold the government accountable and ensure permanent protection for those who served their nation honorably.

About the Case

Given funding lapses, USPHS and NOAA retirees and survivors will likely be exclude from payment while other federal and uniformed service members will continue to receive compensation. Although current legislative proposals—such as Sen. Ron Johnson’s “Shutdown Fairness Act” (S.3012)—would extend pay to certain active-duty and excepted employees, they, again, fail to protect retired officers and survivor beneficiaries.

This disparity leaves thousands of former officers and their families vulnerable to missed payments, despite their years of service and contributions to public health, environmental protection, and national readiness. The class action seeks a judicial remedy to establish that these payments are vested entitlements, not discretionary appropriations subject to political impasse.

“Our firm believes that no retiree or widow should ever wonder whether their next paycheck will arrive,” said David P. Sheldon, principal attorney. “These officers dedicated their lives to service—often in hardship tours and public emergencies. Their benefits should be guaranteed, regardless of Washington gridlock.”

Why Work with The Law Offices of David P. Sheldon, PLLC

David P. Sheldon, PLLC has earned national recognition representing service members, retirees, and federal employees in complex military and federal law cases, including matters before the U.S. Court of Federal Claims, federal district courts, and Boards for Correction of Military Records.

The firm’s attorneys have successfully advanced class and individual actions to restore benefits, correct pay injustices, and protect due process rights across every uniformed service—Army, Navy, Air Force, Coast Guard, NOAA, and USPHS.

With decades of combined experience and a results-driven record, the firm’s attorneys bring both strategic litigation experience and deep institutional knowledge of military and federal employment law.

Contact Us

If you are a USPHS or NOAA retiree, a surviving spouse, or know someone who has been impacted, we invite you to contact our firm to discuss your eligibility for participation in this class action.

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

Your involvement can help ensure that the government upholds its commitments to those who served and defended the public.

 Share This Announcement

Help spread the word to NOAA and USPHS retirees and families who may be affected by these funding gaps. Together, we can safeguard the rights of those who have safeguarded our nation.