Army ROTC Army Halts Disenrollment Action After Firm Intercedes

Press Release

June 30, 2024

 

Army ROTC Army Halts Disenrollment Action After Firm Intercedes

 

A fourth-year Army ROTC Cadet was being disenrolled after the Professor of Military Science found she was having an inappropriate relationship with a cadre member.  After the Cadet contacted the Law Offices of David P. Sheldon for assistance, the firm immediately interceded.  The firm challenged the disenrollment action under federal law, alerting the Army ROTC Commanding General, as well as the cadet’s Senators and Representative, arguing that the Army should immediately withdraw the attempted disenrollment.

 

The firm argued persuasively that the Cadet was, in fact, a victim of a predatory instructor and to punish her for the sexual assault by a cadre member violated Department of Defense and Army policy.  Shortly thereafter, the Cadet’s Professor of Military Science withdrew the proposed disenrollment action.  In early June, the Cadet took her commissioning oath and is now serving as a Second Lieutenant.

 

The Law Offices of David P. Sheldon has successfully won Cadets facing disenrollment ROTC actions through legal challenge with Cadets receiving reenrollment and eligibility for commissioning. If you are a ROTC cadet facing disenrollment, the Law Offices of David P. Sheldon, PLLC are available to provide legal representation.

 

Testimonial: ROTC Cadet Receives Relief in Medical Disenrollment

David P. Sheldon Military Defense Law was extremely helpful in getting me through my ROTC Medical disenrollment without incurring a financial obligation. The firm helped me ensure that I did not owe the Army money for a medical diagnosis that was out of my control. They were extremely responsive and helped me navigate the medical disenrollment process, connected me with relevant experts, and helped me draft emails, letters, and memos. I would highly recommend them to anyone involved in an ROTC disenrollment.

Z. R. US Army ROTC

Testimonial: I Am Truly Grateful

I found David and his staff at a very difficult time and needed help with a very challenging problem. Over the almost 10 months I worked with them, I found every member to be more than competent and very professional, but what was more important to me than even the excellent work that was produced was the genuine compassion I was shown from beginning to end. I have never had to engage legal representation before, but, I am inclined to believe that is a quality not often found in a law firm. I am truly grateful for having found them.

Cmdr., E.R., Army

Platinum Sponsor of The Robert A. Pickett Foundation

The Law Firm of David P. Sheldon is a Platinum Sponsor of the Golf Classic, 2024. Join us in supporting The Robert A. Pickett Foundation Golf Classic, 2024 or Donate.

About Robert A. Pickett Foundation:
Our mission is focused on enhancing the way mental health is looked at and treated. We strive to achieve this by leveraging the power of three things Bobby loved, youth sports, art, and community engagement. The proceeds and resources generated through these initiatives will be directed towards supporting other non-profit organizations at the forefront of mental health research and treatment. In the realm of mental health, a new shift is needed. Our commitment is to act as a catalyst, inspiring a fresh perspective of understanding and support for those who suffer from mental illness. As a family that has had to endure the pain associated with severe mental illness, we feel a duty to share Bobby’s story, so that other tragedies can be avoided.

Robert Pickett Foundation

Future fund raising events and registration links.

Registration is now open for The Robert A. Pickett Foundation Golf Classic, the first annual golf scramble tournament. Looking for 4 person scramble teams. The Tournament will be held on July 26th at Bull Run Golf Course. Registration includes all you can drink beer and wine, a boxed lunch, and a bbq dinner with raffle prizes after the Tournament. Join us for an amazing time toward a great cause!

Registration: https://registration.teamsnap.com/form/4162

https://www.robertpickettfoundation.com/

The Robert A. Pickett Foundation
A non profit organized under the laws of Virginia
Mailing Address: 3607 Chain Bridge Rd, Unit D
Fairfax, VA 22030

The Law Offices of David P. Sheldon obtains relief before the Coast Guard Board for Correction of Military Records for a former Seaman wrongfully discharged.

PRESS RELEASE

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600
Washington, DC 20003
(202) 546 9575
www.militarydefense.com

The Law Offices of David P. Sheldon obtains relief before the Coast Guard Board for Correction of  Military Records for a former Seaman wrongfully discharged. In 2019, a former Seaman was wrongfully  discharged with a General (Under Honorable Conditions) characterization after being administratively separated for alleged misconduct. After a long and decorated history of service, the former Seaman faced false allegations of an alleged Alcohol Incident and Abusive Sexual Contact, which led to an erroneous  CGIS Investigation and eventually forced administrative separation.

In March of 2022, the Law Offices of David P. Sheldon applied on the former Seaman’s behalf to correct this error and injustice before the Coast Guard Board for Correction of Military Records (CGBCMR). On October 25, 2022, the CGBCMR issued an Advisory Opinion, which the firm comprehensively rebutted. In the rebuttal, the Law Offices of David P. Sheldon argued that relief should be granted because the Coast Guard’s failure to abide by its rules and policy of timely reading former Seaman his rights, providing an attorney, informing the accused of the proceeding against him, and informing of the right to appear before an Administrative Separation Board and allowing the accused to exercise that right was “arbitrary and capricious.” The Coast Guard’s failure to abide by its rules and policy also violated the former Seaman’s Fifth Amendment rights, Miranda rights, and Sixth Amendment rights.

On April 2, 2024, the CGBCMR agreed that the former Seaman’s discharge was an injustice requiring correction. The CGBCMR ruled that it was in the interest of justice to upgrade the applicant’s: (1)  characterization of service from General (Under Honorable Conditions) to Honorable; (2) narrative reason for separation from “misconduct” to “secretarial authority”; and (3) reenlistment code from RE-4 to RE-3.

Our client now joins the ranks of the many service members who have had their rights successfully upheld by the Law Offices of David P. Sheldon.

Press Release CGBCMR 2024

Linda Tiller Joins Law Offices of David P. Sheldon, PLLC

 

Law Offices of David P Sheldon, PLLC Announce Hiring Linda Tiller

The Law Offices of David P. Sheldon, PLLC is proud to announce that Linda Tiller has joined the firm as a Senior Litigation Paralegal. Linda recently retired from working for the Department of the Navy. She worked for the Judge Advocate General, Appellate Defense Division where she worked extensively in appellate litigation before the Navy Court of Military Review, Court of Appeals for the Armed Forces and the U.S. Supreme Court. She later worked for the Navy Surgeon General’s Legal Team where she worked on ethics reviews and FOIA requests. She was offered a position in Navy Litigation where she was a paralegal to 30 attorneys, supporting litigation for contract appeals and civilian personnel cases. She supported government appeals before the Armed Services Board of Contract Appeals and the United States Court of Federal Claims.

Linda received numerous accolades and awards. She is most proud of her Navy-Marine Corps Unit
Commendation Award as well as her Civilian Meritorious Service Commendation. In her spare time, Linda enjoys spending time with her husband, two children and 4 grandchildren. She supports local sports teams, attending games and traveling and volunteering for the American Cancer Society.

The Law Offices of David P. Sheldon is excited Linda has joined forces to support the entire firm in defending uniformed and non-uniformed military personnel and civilians.

Read Full Bio

What You Need to Know: Soldiers worry that ROTC admin error could upend retirement plans

The U.S. Army Cadet Command’s inspector general published guidance noting that federal law “strictly prohibits” members of G2GADO and other ROTC initiatives from counting the years they spent as cadets towards their official time in service. (Army Times)

Read Article: Soldiers worry that ROTC administrative error could upend retirement plans.

Air Force Sergeant’s Family Brings Medical Malpractice for Wrongful Death of Airman

Press Release: Air Force Sergeant’s Family Brings Medical Malpractice for Wrongful Death of Airman

Law Offices of David P. Sheldon PLLC

100 M St SE, Suite 600

Washington, DC 20003

(202) 546 9575

www.militarydefense.com

read the claim

On December 1, 2023, under the Military Claims Act (NDAA), the firm filed a claim on behalf of the family of an Air Force Sergeant, who tragically lost his life due to poor care and medical negligence.

This case involved our client’s husband, an active-duty Tech Sergeant serving in Korea, who was experiencing severe chest pains while carrying out his duties on base. The Airman went to the emergency room to find out why he was experiencing such extreme pain. Though he had all the signs of onset heart disease, the medical doctor who provided care not once, but twice, failed to thoroughly investigate his symptoms or refer him to a cardiologist. The medical providers attributed his symptoms to mere heartburn. Just days later, the Airman tragically collapsed and died of avoidable cardiac arrest. This left our client with unimaginable grief, questions, and cries for justice.

The Law Offices of David P. Sheldon has worked tirelessly to correct this injustice by filing a claim against the United States Army Claims Service for personal injury or death caused by the Department of Defense healthcare provider. The firm retained three renowned experts on behalf of the client, had the client’s spouse evaluated and the medical experts provided a medical opinion, which recommended that the DoD medical provider failed to meet the requisite standard of care for emergency room physicians and negligence was irrefutable. The Army has acknowledged the validity of our client’s claim and upon adjudication our client is eligible to recover damages up to $15,500,000.

The Law Office of David P. Sheldon has critical experience in these newfound issues. The firm has helped countless dedicated nonuniform and uniform military, Army, Marine Corps, Navy, and Air Force officers obtain the legal relief they deserve. If you are a uniformed servicemember, and a victim of personal injury or death caused by a DoD health care provider, we are here to help.

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Testimonial: ROTC Army Cadet Receives Relief by Winning Case

I would like to thank the Law Offices of David P. Sheldon for assisting me in my case.  I reached out to other law firms that indicated my case was a long-shot. Mr. Sheldon and his associates were very knowledgeable and were able to provide the legal support to win my case. In the end, the firm was very responsive and easy to work with and they helped me successfully win my case with other firms were not confident the case could be won. I appreciate the effort of the Law Offices of David P. Sheldon for supporting me and believing in a case that was not easily winnable.

M.S., ROTC Army