Category: Firm News

USPHS Commander Seeks Correction of Records After Disputed Reprimand and Denial of Relief by Surgeon General

Posted on by Becky Haugen

A U.S. Public Health Service (USPHS) Commander is fighting to restore the officer’s reputation and career following a reprimand, contending it was unjust, retaliatory, and issued outside the bounds of lawful authority. The case, filed with the Board for Correction of Public Health Service Commissioned Corps Records (BCMR), argues that the Letter of Reprimand (LOR) issued in October 2023, was procedurally and legally flawed.

Represented by attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the Commander’s filing asserts that the LOR was issued not only in violation of Commissioned Corps policy (CCI 211.04 and CCI 211.07) but was also motivated by retaliation after the officer raised concerns about understaffing and promotion irregularities within the Bureau of Health Services at the Eloy Detention Center.

According to the complaint, the officer formally requested relief through the Surgeon General’s redress process, submitting evidence of improper conduct, lack of authority by the issuing official, and violations of due process. But the Surgeon General, VADM Vivek Murthy, ultimately declined to grant relief, stating that “the evidence presented does not demonstrate a violation of law, executive order, regulation, or policy,” nor was the issuance “arbitrary and capricious.”

Attorney Morgan disputes this finding. “The facts clearly show that the reprimand was issued by someone without the lawful authority to do so. It followed weeks of the Commander raising staffing concerns and requesting help. Instead of support, the officer was punished for performing the duties assigned—and that’s precisely why the BCMR exists: to correct these injustices,” said Morgan.

The Commander’s petition to the BCMR requests:

  • Rescission of the LOR;
  • Expungement from the officer’s official record;
  • Restoration of lost specialty pay and backpay; and,
  • Any other equitable relief the Board finds appropriate.

The filing includes legal arguments grounded in the Administrative Procedure Act, Privacy Act, and internal USPHS regulations. The Commander also provided documentation showing that the decisions regarding patient scheduling were consistent with operational policy during a staffing shortfall—not acts of misconduct.

The case represents a broader concern for many USPHS officers navigating opaque disciplinary procedures that can derail careers, especially when whistleblowing or reporting internal issues.

About the Law Offices of David P. Sheldon, PLLC:
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm. With more than two decades of experience, the firm defends service members and federal employees in cases involving courts-martial, administrative separations, security clearances, and record corrections.

Disclaimer:
This release is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes will vary depending on specific facts and circumstances.

A Promising Career Delayed: PHS Officer Seeks Correction After Mischaracterized Interservice Transfer

Posted on by Becky Haugen

A decorated officer in the U.S. Public Health Service (USPHS) Commissioned Corps is seeking a correction to her military records after discovering that years of prior service in the U.S. Army have been excluded from her promotion timeline due to a mischaracterized transfer process. Represented by Attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the officer has filed a formal application to the Board for Correction of PHS Commissioned Corps Records.

This case centers around a troubling bureaucratic failure: despite receiving multiple assurances from PHS officials that her five years of active-duty Army service would be recognized under an interservice transfer, the officer was later told that her commissioning into the PHS was processed as a direct appointment, rendering her previous rank and time in service irrelevant for promotion eligibility.

“When an officer makes career-defining decisions based on guidance from the very institution that recruits them, the burden to correct misinformation should not fall on the officer alone,” said Attorney Thayer. “We are asking for the recognition of service she has already rendered with distinction.”

The officer had served honorably as an Army psychologist and was selected for promotion to Major (O-4) before joining the PHS. She accepted her commission believing her time in service would count toward her next promotion. Only after repeated follow-ups did she discover that her file reflected a promotion eligibility date nearly three years later than expected.

This misclassification has real-world consequences. Without correction, it not only delays her promotion and financial compensation but may also impede future career advancement.

In her role at the Department of Defense, she has excelled by taking on supervisory duties typically assigned to more senior officers, earning a PHS Commendation Medal, and receiving nomination for a prestigious clinician award. Yet her official rank does not reflect this performance, due to what her legal team describes as administrative negligence.

The filing requests her immediate eligibility for promotion to Lieutenant Commander (O-4), retroactive to her accession date, along with corresponding backpay. In the alternative, the officer seeks compensation equal to the accession bonus she would have received had she been correctly classified.

“This case is not just about one officer,” Thayer emphasized. “It’s about setting a precedent to ensure that no service member is penalized for trusting the system. We expect accountability, clarity, and fairness for those who dedicate their lives to service.”

About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, based in Washington, D.C., is a nationally recognized firm that defends the rights of uniformed service members and federal employees. With decades of experience in courts-martial, promotion disputes, medical board appeals, and security clearance litigation, the firm is committed to ensuring justice for those who serve.

Disclaimer:
This press release is for informational purposes only and does not constitute legal advice. Past outcomes do not guarantee future results. For personalized legal assistance, please contact an attorney licensed to practice in your jurisdiction.

 

A Cadet’s Leadership, Not Misconduct, Should Define His Future

Posted on by Becky Haugen

A promising Air Force Academy cadet, just steps away from graduating and becoming a commissioned officer, now faces a 10-month probation that could unfairly derail his military career. The Law Offices of David P. Sheldon, PLLC, has formally petitioned the Superintendent of the U.S. Air Force Academy to reduce the punishment, arguing the penalty is unjust and disproportionate.

The cadet, a senior and leader on the Air Force Academy’s varsity soccer team, did not commit a crime or violate Air Force regulations. He was not accused of physical misconduct, nor did he participate in the behavior that prompted a larger investigation into team traditions. Instead, his only alleged offense was being present during horseplay that was longstanding, widely accepted, and even condoned by coaches and senior cadets.

Despite this, he has been grouped with others who faced far more serious allegations, including abusive conduct, indecent acts and is now facing the same punishment.

“This cadet followed the example set by coaches, upperclassmen, and the very culture the Academy allowed to persist for years,” said Attorney David P. Sheldon. “To hold him equally accountable for something he didn’t do and wasn’t expected to report under military law is not only unfair, it sends a dangerous message to future leaders.”

Notably, multiple witnesses, including the cadet allegedly impacted by the incident, attested that no misconduct occurred and that the environment allowed cadets to speak up if they were uncomfortable. When interviewed, one of his teammates said “the cadet was always respectful, he made sure I was okay. I trust him and would serve under him without hesitation.”

If the 10-month probation stands, this cadet will lose thousands in military pay, miss his scheduled pilot training, and fall behind in career advancement, all despite his high performance, a clean record, and full cooperation with investigators.

The legal brief highlights inconsistencies in past disciplinary actions at the Academy, citing other cadets who committed serious misconduct, yet were allowed to graduate and commission. The firm’s request calls on the Air Force Academy to recognize that this young man’s actions do not warrant a punishment that could define his career forever.

 

About The Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon is a nationally recognized firm based in Washington, D.C., representing military service members and federal employees across the globe. With decades of experience in military justice and administrative law, the firm advocates for the rights of those who serve—and ensures due process is not just a promise, but a guarantee.

 

Legal Disclaimer
This press release is for informational purposes only and does not constitute legal advice. The outcome of any legal matter depends on the unique circumstances of each case.

“Justice For A Chaplain”: Federal Court Sides With Army Officer

Posted on by Becky Haugen

A U.S. Army captain and chaplain has won an important legal victory in federal court after a years-long effort to clear her record of an unjust reprimand. The U.S. District Court for the District of Columbia has ruled that the Army’s decision to reject a military review board’s recommendation to remove the reprimand was “arbitrary and capricious,” sending the matter back to the Secretary of the Army for reconsideration.

The officer, a decorated chaplain with nearly a decade of service, was stationed at the prestigious 101st Airborne Division when a professional conflict led to a series of investigations. Though she was never formally relieved of duty and was recommended for retention by a Board of Inquiry, a General Officer Memorandum of Reprimand (GOMOR) remained in her permanent file, potentially jeopardizing her career, future promotions, and retirement benefits.

The Army’s own Board for Correction of Military Records agreed with the officer’s appeal and voted to have the reprimand removed. But in April 2024, a Deputy Assistant Secretary overruled that decision with a brief one-paragraph denial, offering no substantial explanation.

In a strongly worded opinion issued July 14, 2025, Judge Sparkle L. Sooknanan criticized the Army’s handling of the case, stating the decision lacked adequate reasoning and failed to consider the Board’s findings. The court has now ordered the Army to revisit the matter and provide a lawful, properly reasoned decision.

“This ruling doesn’t just impact one officer, it sends a message that accountability and fairness still matter, even in military bureaucracy,” said Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, who represents the officer. “It’s a step toward restoring a distinguished career that was nearly derailed by an unexplained administrative action.”

The officer has served honorably as a chaplain supporting the emotional and spiritual well-being of soldiers under pressure. Her reinstatement into good standing would preserve her opportunity for continued service and eventual military retirement.

About The Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., The Law Offices of David P. Sheldon represents military service members and federal employees across the globe in matters involving military justice, adverse actions, security clearances, medical retirement, and records corrections. The firm is nationally known for its commitment to justice, integrity, and results.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique. If you are facing an issue involving a military reprimand or adverse personnel action, contact a qualified attorney for legal counsel.

Army Veteran Seeks Justice in Medical Retirement Appeal to Correction Board

Posted on by Becky Haugen

A retired Army National Guard noncommissioned officer has petitioned the Army Board for Correction of Military Records (ABCMR) to correct what he says was a deeply flawed administrative process that failed to account for his combat-related traumatic brain injury (TBI) and misrepresented the nature of his discharge.

During a 2004 deployment to Iraq, the veteran was knocked unconscious by an improvised explosive device (IED), resulting in a diagnosed TBI and long-term behavioral health and cognitive impairments. Despite a permanent psychiatric profile, decertification from his instructor role, and a commander’s statement recommending retirement due to diminished performance, a Medical Evaluation Board (MEB) later found him “fit for duty.”

Shortly afterward, a Qualitative Retention Board from the Arkansas Army National Guard determined he would not be retained, offering no explanation for its decision. As a result, he was transferred to the Retired Reserve, not formally discharged for medical reasons, nor provided with a retirement disability.

The petition, filed by The Law Offices of David P. Sheldon, PLLC, details how the original MEB and subsequent reviews failed to incorporate key medical records or fully consider the extent of his injuries. It also alleges violations of legal procedures, including failure to disclose advisory opinions to the applicant, as required by federal law.

“This veteran’s case is a textbook example of how bureaucratic gaps and incomplete records can undermine justice for injured service members,” attorney David P. Sheldon confirms. “He was medically profiled, removed from his instructional position, and ultimately sidelined without proper recognition or review of his injuries. We are urging the Board to finally correct the record.”

The ABCMR filing is requesting a new evaluation that includes all relevant Department of Veterans Affairs and military medical records, as well as consideration for medical retirement status retroactive to his transfer from service.

Decorated Public Health Service Officer Fights Unjust Forced Retirement: What’s at Stake in Her Appeal

Posted on by Becky Haugen

A decorated officer in the U.S. Public Health Service Commissioned Corps has filed a formal appeal to halt what her legal counsel describes as a premature and procedurally flawed forced retirement that jeopardizes her pension, professional standing, and years of public service. The appeal was filed by her attorney, Annie Morgan of the Law Offices of David P. Sheldon, PLLC.

The officer, a Commander with over 20 years of honorable and decorated service, was notified last month that she would be involuntarily retired effective August 1, 2025. The decision followed a sudden Return to Service order and placement in a non-duty pay status without written documentation or the due process outlined in Public Health Service policy. Despite these irregularities, and her active efforts to secure a new assignment, an Involuntary Retirement Board (IRB) was convened and recommended her retirement.

Her legal team asserts that the IRB’s action is not only premature, but also denies the officer the opportunity to complete her service on her own terms—potentially costing her:

  • Additional creditable time in service toward retirement,
  • A higher annuity under the High-36 pension calculation,
  • Future eligibility for promotion to O-6 (Captain),
  • And the ability to preserve her professional record and legacy.

“This is more than a personnel dispute, it’s a matter of justice, fairness, and a decorated officer’s right to continue serving,” said attorney Annie Morgan. “She secured a new federal assignment before her scheduled return date. There’s no reason to push her out early. The loss of rank, retirement earnings, and professional dignity are too great a price for a flawed administrative process.”

The Commander, who has received Presidential Unit Commendations, served in national leadership roles, and was hand-selected to lead critical emergency response teams, has since accepted a position with the Bureau of Prisons in Victorville, California. However, with just weeks to go before her return, her leadership informed her that the retirement process was “already underway” and refused to facilitate her reassignment.

Her appeal argues for reinstatement so that she may continue her service and retire with the full benefits, respect, and recognition she has earned.

About The Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm based in Washington, D.C., with a legacy of defending the rights and careers of service members and federal officers across the nation. The firm provides trusted representation in administrative appeals, courts-martial, involuntary separations, and national security matters.

 

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Past performance does not guarantee future results. Individuals seeking legal counsel should contact an attorney for specific guidance regarding their case.

Public Health Service Physician’s Journey from Ebola Response to Reprimand Spurs Fight for Justice

Posted on by Becky Haugen

A decorated physician in the United States Public Health Service (USPHS) is seeking justice after being reprimanded and denied promotion due to administrative readiness lapses that occurred while he was serving in a civilian residency during the COVID-19 pandemic.

Commissioned since 2012, the officer began his career as a pharmacist before attending medical school at the Uniformed Services University of the Health Sciences (USUHS). His service includes deployment to Liberia during the West African Ebola outbreak, where he contributed to the nation’s public health mission on the front lines of a global crisis. After graduating from medical school in 2020, he completed a rigorous three-year Family Medicine residency, all while the world faced the strain of a pandemic.

Despite his unwavering commitment, 2023 brought a blow: the Commissioned Corps issued a Letter of Reprimand (LOR) citing failure to maintain readiness requirements. The reprimand was based on administrative errors, missed documentation uploads, not actual medical or physical shortcomings. At the time, the officer was in a non-deployable, civilian training program, under the belief that readiness standards did not apply during residency.

“That period was one of the most intense and formative chapters of my life,” said the physician. “I was balancing pandemic care, 80-hour weeks, and professional growth, believing I was doing everything expected of me to become a better provider for underserved communities.”

Now a board-certified Family Medicine doctor working with the Indian Health Service, he faces long-term career consequences. Because of the reprimand, he was removed from promotion eligibility through 2027 and threatened with involuntary separation unless he resigned. Resignation would trigger a penalty under his Commissioned Service Obligation, costing him an estimated 1 million dollars.

His request for correction, now under review by the Board for Correction of USPHS Records, seeks to remove the reprimand, restore promotion eligibility, and grant back pay. The argument is clear: USPHS policy does not apply readiness standards to officers in training, and the reprimand represents both a legal error and a deep injustice.

Represented by Senior Military Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the physician has laid out a strong case for administrative relief, supported by internal correspondence, legal precedent, and a consistent record of exemplary service.

“This isn’t about evading responsibility, it’s about recognizing when rules are misapplied and good service members are unfairly penalized,” said the officer. “I’m still here, still serving, and still committed. I just want the chance to do so without this shadow over my record.”

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is nationally recognized for representing military and federal personnel in correction of records, promotion denials, discharge upgrades, and other matters of military justice and administrative law.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Outcomes vary based on specific facts and legal circumstances. Past results do not guarantee future outcomes.

U.S. Air Force Member Granted Honorable Discharge, Opens Path to Medical Evaluation Board Review

Posted on by Becky Haugen

A service member represented by the Law Offices of David P. Sheldon, PLLC has been granted an Honorable Discharge from the United States Air Force, following the approval of a conditional waiver by Major General Daniel A. DeVoe, Commander of the Air Force District of Washington (AFDW). This decision closes an administrative separation proceeding and allows the member to move forward with a Medical Evaluation Board (MEB) process to address service-related health concerns.

Originally initiated due to allegations of misconduct, the administrative discharge proceedings temporarily halted the member’s medical review process. However, with the recent decision to issue an Honorable Discharge, the member is now eligible to pursue further review before the Air Force Board for Correction of Military Records (AFBCMR) in an effort to reinstate the MEB.

“This is a significant and affirming step,” said Annie Morgan, Senior Military Attorney at the Law Offices of David P. Sheldon. “It not only honors our client’s service but also acknowledges the importance of ensuring access to the medical systems designed to support service members affected by trauma. We are now in a position to re-engage with the MEB process so that our client can receive a full and fair evaluation of their health conditions.”

The member’s appeal to preserve the MEB was initially denied after a military separation board determined that the member’s conduct was not linked to any underlying service-connected disability. That decision is now subject to further review. The legal team argues that the misconduct was closely tied to undiagnosed or untreated PTSD and related behaviors stemming from operational stress.

The Law Offices of David P. Sheldon is now preparing the client’s petition to the AFBCMR, advocating for the reinstatement of MEB proceedings and any related benefits the member may be entitled to under military disability retirement rules.

About the Law Offices of David P. Sheldon, PLLC
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides aggressive and compassionate legal representation to service members across all branches of the military. The firm is nationally recognized for its expertise in military justice, medical retirements, security clearance defense, and discharge upgrades.

Legal Disclaimer: The content of this press release is provided for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Individuals seeking legal representation should consult with a qualified attorney.