Disenrollment Case Results

Potential Disenrollment from Military Academy – Mr. Sheldon took on the representation of an Air Force Academy Cadet who was facing disenrollment for violating the Academy’s Honor Code. Both the Honor Board and Academy administrators had recommended that the Cadet be permanently disenrolled from the Academy, but Mr. Sheldon vigorously advocated for the Cadet. As a result of Mr. Sheldon’s labor, the Cadet was placed on temporary probation and has been afforded the opportunity to complete the Cadet’s final year at the Academy.

Mr. Sheldon’s client, a Naval officer facing disenrollment from the Uniform Services University of the Health Sciences was, after a contested rehearing, authorized to remain in the program.

Mr. Sheldon represented a First Lieutenant in the Army who was facing disenrollment from the Uniformed Services University of the Health Sciences (“USUHS”) for misconduct and substandard performance during his medical school training. After appearing before a hearing of the Student Promotions Committee (“SPC”), the SPC voted to retain the Lieutenant in medical school where he has thrived.

Mr. Sheldon successfully defended student facing disenrollment from an Army ROTC program at Carroll College in Helena, Montana. The student was not disenrolled from the program and was allowed to obtain his commission even though he had admitted to purchasing and using marijuana on Spring Break.

Again because of Mr. Sheldon’s efforts, a First Lieutenant, who faced expulsion from medical school, was allowed to graduate. The First Lieutenant will now begin his internship in surgery.

Court Martial Case Results

In a rare decision to reverse sexual assault convictions for being factually insufficient, on September 5, 2019, the Navy-Marine Court of Criminal Appeals did just that in its opinion in United States v. Dawkins. With respect to one alleged victim, the court was not personally convinced that sexual activity occurred after she told the client “don’t do it.” The evidence showed that the client and this alleged victim made out only about 5 minutes prior to the alleged “sexual assault,” during which the alleged victim admitted to letting the client kiss her. the Court believed the client had an honest and reasonable mistaken belief the alleged victim consented to the sexual activity up until she voiced her non-consent, at which time, the client ceased the sexual activity.

Regarding the other alleged victim, the NMCCA wasn’t convinced the sexual contact occurred. In light of the testimony that no one who could have witnessed the alleged sexual assault actually witnessed one, a majority of the court was not convinced the alleged sexual assault occurred. One witness’s testimony, in which she claimed to have witnessed the client “smack a female service member’s behind,” was deemed utterly “incredible.”

The court also set aside the sentence, which was a mandatory dismissal from the service. Our client is an officer with more than 28 years of service and a retirement pension worth an estimated $2.8 million. As the firm’s attorney stated, “this decision gives our client a chance to honorably retire and preserve his benefits. It is a tremendous win for our client and I could not be happier for him.”

Air Force Grants Sentencing Relief to Airman for Unlawfully Introduced Victim Impact Statements. In a win for a young airman who pled guilty to possession of child pornography, the Air Force Court of Criminal Appeals agreed with our firm, that the military judge who sentenced him should not have accepted the victim impact statements introduced at trial, and heavily relied upon by the trial counsel during sentencing argument. All the victim impact statements contained high prejudicial information that was irrelevant to the client’s case, and inflammatory language recommending inhumane and unlawful punishments. One letter in particular asked the judge to sentence our client “to be humped to death by a horse and made to get AIDS and die.” The Air Force Court issued a strong opinion condemning the Government’s overreaching by insisting the client stipulate to the admission of these victim impact statements, which were also inconsistent with the decorum and respect due in an Air Force courtroom. The Air Force Court struck the victim impact statements and reassessed the client’s sentence, reducing confinement by six months.

Andrews Air Force Base, Maryland.
Representing a young Air Force NCO on his court-martial appeal for a poorly done sting operation to lure him in to have sex with an underage girl. Client became eligible for parole and thanks to the support of the NCO’s family and the work of our firm, our client was granted parole on his first look! We will continue to fight for him on appeal.

Washington Navy Yard, Washington, DC. Represented a young Coast Guard enlisted man at his parole hearing, he had pled guilty to having sex with a 15-year old girl. The firm secured a letter of support from the victim’s mother and Attorney David Sheldon appeared with the service member’s mother and father at the hearing at the Washington Navy Yard, and our client was granted parole! He will be released in less than a month.

Washington, Navy Yard, Washington, DC. In a general court-martial at the Washington Navy Yard, a sailor is accused of multiple counts of domestic violence against his estranged partner who has suffered from psychotic episodes. After the government denied the Defense requests for two very well qualified forensic mental health experts, a military judge granted the Defense Motion to Compel Mental Health Experts.

The defense trial team now includes an expert in SANE examinations, Dr. Susan Rotolo, a board certified forensic psychologist, Anita L. Boss, PSY.D., ABPP, and Michael B. Knable, MD, a board certified forensic psychiatrist. This sailor is getting the best- qualified defense team available to service members in the United States.

The military judge also ordered the government to produce mental health records of the prosecutrix as well as documents related to other instances where the prosecutrix had made allegations against others, her criminal history, and e mails between NCIS and the SJA’s office.

Mr. Sheldon represented an Air Force doctor in two court-martials, an appeal, and a hearing regarding the revocation of his hospital privileges. In every instance, through Mr. Sheldon’s counsel, the officer was exonerated. The most recent decision of the Court of Appeals for the Armed Forces is Here.

A physician who serves on active duty in the Air Force was acquitted of a charge of wrongful use of marijuana in a contested court-martial at Travis Air Force base, California. Mr. Sheldon continues to fight for the complete exoneration of the doctor now challenging his promotion removal.

A soldier Mr. Sheldon represents was facing a gang rape allegation at a general court-martial. Through Mr. Sheldon’s efforts the charges were dropped in their entirety, the soldier is not required to testify against any of his co-accused, but will face nonjudicial punishment for two minor offenses.

Mr. Sheldon won a complete victory for Hospitalman Dustin Clark, USN. The service member had been convicted of rape and aggravated sexual assault and was serving a seven-year sentence. Mr. Sheldon appealed his case, and the Navy-Marine Corps Court of Criminal Appeals reversed his conviction on all counts and ordered the charges dismissed with prejudice. Mr. Sheldon remains committed to ensuring that Hospitalman Clark’s rights are protected as he resumes his honorable service to the United States Navy. See the report here.

At an Article 32 hearing at Lackland Air Force Base, San Antonio, Texas, Mr. Sheldon vigorously defended a Staff Sergeant accused of sexually assaulting/raping a subordinate. The Commanding General dismissed all of the charges and specifications against the Airman.

An Air Force Captain facing multiple charges at an Article 32 hearing, including assault with a deadly weapon upon a superior commissioned officer. Mr. Sheldon successfully advocated for the Air Force to dismiss the charges and the officer is being medically retired from the service.

Mr. Sheldon litigated a contested sexual assault case at the Washington Navy Yard. After a week long trial before officer members, the accused, a Lieutenant Commander with 17 years of service, was found Not Guilty of all charges and specifications.

Mr. Sheldon represented a Marine Lieutenant Colonel facing an Article 32 hearing for False Official Statements, Conduct Unbecoming and dereliction of duty. Through Mr. Sheldon’s efforts the case was resolved at nonjudicial punishment and the officer was retired honorably.

Mr. Sheldon represented a midshipman accused of 10 counts of arson at the United States Naval Academy. Because of zealous representation by Mr. Sheldon and the midshipman’s military attorneys, the Navy dropped all charges against the midshipman and he received a General (under honorable conditions) discharge characterization

Mr. Sheldon negotiated a plea of guilty for a Coast Guard member who was convicted of fraud and obstruction of justice. After extended negotiations, the member received only a sentence of 15 days confinement after and was discharged with a General under Honorable Conditions as a result of the pretrial agreement Mr. Sheldon secured.

Mr. Sheldon was able to get the Army officer placed on the Permanent Disability Retired List at 30%, thereby guaranteeing him health care and benefits for the rest of his life. The officer had been previously convicted of involuntary manslaughter due to the officer’s intoxication. Nonetheless, because of Mr. Sheldon’s efforts the officer will receive an Honorable discharge and will permanently receive all benefits.

Mr. Sheldon represented a Marine at Marine Corps Base Quantico, Virginia who was accused of an extensive history of domestic violence and with driving under the influence of alcohol. Through Mr. Sheldon’s efforts, the Marine was separated with a General Under Honorable discharge, thereby guaranteeing the Marine would receive his VA benefits.

Mr. Sheldon obtained an acquittal for a Marine accused of indecent acts and assault at Marine Corps Recruit Depot.

Mr. Sheldon obtained a complete acquittal of a Marine at Camp Lejeune, North Carolina. The Marine had been charged with assault and fraternization.

Mr. Sheldon represented a staff sergeant (select) who was accused of fraternization and indecent assault. After a contested trial before officer and enlisted members the Marine was acquitted of all charges and promoted to staff sergeant.

The Navy and Marine Corps Court of Criminal Appeals, set aside the findings and sentence of a Marine Sergeant wrongfully accused of rape. The Marine is scheduled to be promoted to Gunnery Sergeant.
Through Mr. Sheldon’s efforts, an Army Specialist at Fort Dix, New Jersey received non judicial punishment for possessing child pornography after charges were dismissed prior to the Article 32 hearing.

Through Mr. Sheldon’s advocacy, the 5th Circuit Court of Appeals reversed a Texas Death penalty case in a strong rebuke, finding that the death row inmate’s constitutional rights had been violated. Hall v. Quarterman, link to decision, which is attached. This is Mr. Sheldon’s second consecutive win for Texas death row inmates.

At Marine Corps Base, Quantico, Virginia, Mr. Sheldon obtained an acquittal for a Marine facing two charges, aggravated assault on a NCOIC and disrespect of the same.

Mr. Sheldon successfully defended a Navy Chaplain convicted of forcible sodomy and aggravated assault (having unprotected sex with another male without disclosing his HIV status). The Navy Chaplain was sentenced to 12 years in the brig, but Mr. Sheldon had negotiated a plea agreement that capped confinement at 24 months.

At a general court-martial before officer and enlisted members at Fort Belvoir, Virginia, Mr. Sheldon obtained the acquittal of a soldier who was charged with attempted rape and assault with intent to commit rape.

After two Article 32 hearings at Camp Pendleton, California, charges against a Marine Corps 1LT were withdrawn and the matter referred to NJP based upon Mr. Sheldon’s defense. The allegations centered on events of Marines accused of misconduct which allegedly occurred at Hamdaniya, Iraq.

The Court of Appeals for the Armed Forces reversed a murder conviction for a soldier who Mr. Sheldon represented on appeal. The Court set aside the findings and sentence and ordered a rehearing.

The Air Force dismissed a rape charge against an Air Force Captain who Mr. Sheldon represented. The allegations stemmed from the Air Force Academy Rape Scandal. The landmark case was first abated by the trial judge because the therapist of the alleged victim refused to release counseling records. The Air Force action terminated all proceedings against the officer. (News Article: Military Drops Charge vs. Air Force Grad).

The Army Court of Criminal Appeals set aside the finding and sentence of PFC Rios who Mr. Sheldon represented on appeal. PFC Rios had been convicted of unpremeditated murder. The Court found that the military judge had improperly instructed the members of the court-martial panel, and so overturned the conviction and sentence.

After a rehearing at the trial level, Mr. Rios was released from confinement to join his family.

The Court of Appeals for the Armed Forces reversed a murder conviction for a sailor Mr. Sheldon had represented on appeal. The Court set aside the findings and sentence and ordered a rehearing.

Mr. Sheldon won a verdict of not guilty at a general court-martial before a panel of offices and enlisted members for a Navy Chief Petty Officer in Naples, Italy, charged with having indecent acts with a 12-year-old girl.

Mr. Sheldon a verdict of not guilty at a general court martial for a Staff Sergeant at Marine Corps Base, Quantico, Virginia, on two contested charges of attempted rape and indecent assault.

The firm negotiated a reduced jail sentence down from 22 years to 6 years, with only 5 years actually served for a soldier at Fort Benning, Georgia, who was convicted of having unprotected sex with a 14-year-old girl when he was HIV positive.

The firm successfully represented an Air Force officer who was alleged to have committed a rape at the Academy. Charges were abated because the alleged victim’s therapist refused to turn over counseling records.

The Law Offices of David P. Sheldon represented an Army Sergeant in Korea accused of participating in a gang rape; charges were dismissed against our client while the co-accused received a 30-year sentence to confinement.

The firm successfully represented a Navy commander allowing him to retire from the Navy after pleading guilty to a Mann Act charge (crossing state lines to have sex with a minor) in federal court.

General Case Results

In March 2015, The Law Offices of David P. Sheldon, in conjunction with a stellar legal team that includes attorneys from prominent Supreme Court litigation firm, Jenner and Block, filed a petition with the United States Supreme Court in Schwalier v. Carter. The petition raises the question of whether certain provisions of the Defense Officer Personnel Management Act violates the Appointments Clause. Also supporting the petition as Amicus Curiae are the Military Officers Association of America & the General Officers’ Network as well as the Air Force Association and former Air Force Secretaries Dr. James G. Roche and Michael W. Wynne.

In April and May 2008, Mr. Sheldon settled two wrongful death claims that obtained recoveries in excess of 1 million dollars.

BCMR Case Results

The Army Board for Correction of Military Records removed a reprimand and assignment restriction code from our client’s official personnel record for being unjust. The client, a promotable warrant officer, was falsely accused by his vindictive ex-wife of physically and sexually assaulting her. Several boards of inquiry cleared him of these allegations, yet the reprimand remained. This is a step in the right to direction to ensure our client keeps the promotion he deserves! Additionally, in an interesting twist of fate, the general officer who issued the reprimand is now himself under investigation.

An Air Force Academy cadet was on the verge of graduating when he was discharged with a General Under Honorable conditions for minor misconduct and an honor code violation. The firm’s requested an upgrade to an Honorable discharge based on clemency, as the client had proven himself worthy for 20 years. The Air Force Board of Corrections for Military Records granted the request and not only upgraded the client’s discharge to Honorable, it also changed the reason for separation to secretarial authority.

After a contested hearing at Walter Reed Military Medical Center, Bethesda, Maryland, Mr. Sheldon and his military co-counsel were able to convince the enlisted sailor’s commanding officer to approve a General rather than an Other Than Honorable Discharge based upon incorrect findings of the separation board.

Mr. Sheldon successfully achieved a discharge upgrade from the Navy Discharge Review Board (NDRB) on behalf of a client who had been separated with a bad conduct discharge for drug-related issues. The NDRB upgraded the discharge to a General (under honorable conditions) based materials submitted by Mr. Sheldon on the applicant’s behalf that emphasized the applicant’s post-service conduct and argued that the misconduct was a departure from the applicant’s otherwise good character. The upgrade may now open the door to various important benefits the applicant would have been denied due to a bad conduct discharge.

After years of persistence, the ABCMR granted favorable relief for an Army chaplain who had been unjustly issued a negative Officer Evaluation Report (OER) and denied promotion to colonel. The Law Offices of David P. Sheldon initially submitted an application to the ABCMR requesting immediate removal of the OER that the Board denied in 2012. The Law Offices of David P. Sheldon then filed suit against the Secretary of the Army in the United States District Court for the District of Columbia, challenging the ABCMR’s decision on grounds that is violated federal law. The court agreed and returned the case to the ABCMR. The Law Offices of David P. Sheldon continued to press the ABCMR for favorable relief and ultimately the ABCMR found that the OER was indeed unjust, ordered redaction of all adverse language from the report, and directed that the chaplain be reconsidered for promotion to colonel based upon a corrected record.

The Law Offices of David P. Sheldon successfully petitioned the Army Board for the Correction of Military Records for the Army to relieve their client’s outstanding ROTC scholarship debt. Due to health problems, the cadet could not complete satisfactorily complete the program’s physical fitness requirements. The Army stopped paying the cadet’s tuition while the university still allowed her to remain in school. As a result, the university sought substantial tuition reimbursement from the cadet. After filing an application to the ABCMR, the Board found the cadet’s benefits unjustly had been suspended and corrected her records to reflect that she had remained in the ROTC program. The corrections resulted in the Army paying the cadet’s outstanding debt with the university.

The Naval Discharge Review Board upgraded a client of the Law Offices of David P. Sheldon, upgrading the Marine’s discharge from an Other Than Honorable to a General Under Honorable.

Mr. Sheldon appeared before the Naval Discharge Review Board (NDRB) on behalf of a former Marine who had received a General (Under Honorable Conditions) (on a paper review the DRB had already upgraded the Marine from an Other than Honorable to a General) discharge for reason of misconduct several years earlier. Before the Board convened, Mr. Sheldon submitted a comprehensive memorandum with supporting exhibits to the Board members detailing the Marine’s stellar post-service conduct and arguing for an upgrade to his discharge. After conducting a hearing in which the Marine testified along with two other witnesses about his case, the NDRB voted to upgrade the Marine’s discharge to Honorable. See the report here.

The Air Force Board for the Correction of Military Records (AFBCMR) granted favorable relief for a client who was removed from the Active Guard Reserve (AGR) program and discharged with 19 years of service. After the AFBCMR initially denied an application, Mr. Sheldon filed suit in the United States District Court for the District of Columbia. The court found that the AFBCMR had violated the Administrative Procedures Act and remanded the case to the AFBCMR for appropriate consideration. Mr. Sheldon submitted additional matters to the AFBCMR who determined that the client was the victim of an injustice. The Board awarded the client constructive credit for years missed and deemed him retired and placed on the rolls.

Mr. Sheldon appeared before the Naval Discharge Review Board (NDRB) on behalf of a former Marine who had received a General (Under Honorable Conditions) discharge for reason of misconduct several years earlier (on a paper review the NDRB had already upgraded the Marine from an Other than Honorable to a General). Before the Board convened, Mr. Sheldon submitted a comprehensive memorandum with supporting exhibits to the Board members detailing the Marine’s stellar post-service conduct and arguing for an upgrade to his discharge. After conducting a hearing in which the Marine testified along with two other witnesses about his case and the Marine, the NDRB voted to upgrade the Marine’s discharge to Honorable.

The Air Force Board for Correction of Military Records (AFBCMR) issued a favorable ruling on an application submitted by Mr. Sheldon on a former Air Force member’s behalf. Due to unfortunate events, the member had earlier submitted a voluntary request for separation and resigned his commission when he otherwise would have been entitled to disability processing. Mr. Sheldon submitted an application to the AFBCMR requesting, in part, that the member be retroactively placed on the Temporary Disability Retired List (TDRL) so he could be processed as if he had had not prematurely separated. The AFBCMR concurred, exercising its broad equitable authority and correcting the member’s records to show that, rather than being discharged, he had incurred a physical disability and was placed on the TDRL. The changes to his record entitled the individual to several years of back pay and other potential monetary benefits that he was not otherwise receiving. The AFBCMR’s decision emphasizes the importance of seeking relief before military correction boards and the power they have to remedy errors and injustices in service members’ records. The decision is available here.

Through Mr. Sheldon’s representation, the Board for Correction of Naval Records ruled in favor of a Navy lieutenant who had been discharged under Don’t Ask, Don’t Tell. The BCNR ordered the Navy to allow the lieutenant to re-commission and ordered the expungement of any adverse documents in the lieutenant’s Official Military Personnel File.

The Air Force Board for Correction of Military Records ruled in favor of one of Mr. Sheldon’s clients, an Air Force Tech Sergeant who had been wrongfully discharged. The Board ruled that the Tech Sergeant should have been placed on the Permanent Disability Retired List. He was awarded back pay and allowances since his discharge in 2006.

After Mr. Sheldon filed an application before the Army Board for Correction of Military Records challenging the Army’s recoupment of educational expenses from an Army physician in the amount of $65,000.00, the Army subsequently ceased all recoupment action and paid all monies back that has been wrongfully seized from the officer.

Mr. Sheldon represented an Army officer who had received an Other Than Honorable Discharge. After litigating the case, the Discharge Review Board upgraded his discharge to Honorable.
Through Mr. Sheldon’s efforts, a Reserve member of the Army was discharged honorably after applying to the Delay and Exemption Board on the basis of hardship and because he was deemed a “key employee.”

Through Mr. Sheldon’s efforts, an Army Major’s non-judicial punishment was removed from his OMPF and the Board for Correction of Military Records deemed the officer should be considered by a Special Selection Board.

The firm obtained a favorable decision on behalf of an Air Force officer before the Board for Correction of Military Records, removing a stigmatizing reason for discharge (personality disorder) and a separation code for favorable ones.
Before the Army Discharge Review Board, the firm obtained an upgrade in a soldier’s discharge from General to Honorable.

Medical Malpractice Case Results

Settled a FTCA case for $200,0000.00 on behalf of a minor for negligent supervision when he was injured by a PHS doctor.

Litigated and won a six-figure settlement for a retired Marine Corps officer against doctors at Walter Reed National Medical Center.

Settled a multi-million dollar claim for medical malpractice for a retired military member who had permanent injuries.

Obtained a $650,000.00 settlement under the Military Claims Act for the wrongful death of a dependent.

Brought and settled multiple Privacy Act Claims for hundreds of thousands of dollars.

Obtained one of the highest-ever settlement awards for damages for a retired Air Force military member, resulting from the wrongful disclosure of medical records in violation of the Privacy Act.

Lead counsel in landmark Privacy Act case, Cummings v. Dep’t of the Navy , 279 F. 3d 1051 (D.C. Cir. 2002), holding that service members can sue for damages under the Privacy Act; suit later was settled favorably for a substantial monetary award.