Category: Firm News

After a Decade of Waiting, Former Army Officer Finally Wins Long-Overdue Retirement Relief

Posted on by Becky Haugen

Army reservist receives justice

For more than ten years, a dedicated Army Reserve officer lived under the weight of a decision that abruptly ended her career just months before she reached the crucial milestone needed to secure her earned retirement. Today, that chapter finally closes and a new one begins.

On November 18, 2025, the U.S. Army Human Resources Command formally notified her that her request for a Mandatory Removal Date (MRD) extension has been approved and that the Army has corrected her records to reflect completion of 20 years of qualifying service. The Army simultaneously issued her long-delayed 20-year retirement letter and revoked her 2015 discharge order, clearing the way for her to receive her retirement benefits at last.

This outcome comes after the United States District Court for the District of Columbia ruled earlier this year that the Army’s prior denial was “arbitrary and capricious,” identifying several critical errors in the Army’s reasoning and ordering the case remanded for proper review.

What happened next was extraordinary: the Army, upon reconsideration, agreed with the court, the evidence, and, finally, the truth.

A Story of Service, Setback, and Steadfast Resolve

The woman at the center of this decision served her country faithfully for nearly two decades, joining the Army Reserve later in life, earning respect within her field, and working tirelessly to support soldiers through her medical specialty.

As she approached 20 years of service, she found herself only months short of the threshold that would allow her to retire with the benefits she earned. Despite strong recommendations from Army leadership, she was released from service at age 60 due to administrative interpretations that her specialty was “overstrength.” The decision ended her career several weeks shy of the 18-year mark, an incredibly narrow margin that, if crossed, would have obligated the Army to retain her until she reached the 20 years required for retirement.

She tried everything:

  • Seeking an extension
  • Applying to transfer into an understaffed specialty
  • Requesting reconsideration
  • Filing FOIA requests
  • Petitioning the Army Board for Correction of Military Records

Ultimately, she filed suit in federal court because all other doors had closed.

The Court found the Deputy Secretary of the Army’s decision to depart from the recommendation of the Army Board for the Correction of Military Records was inadequately explained and thus arbitrary and capricious. On remand, the Board once again granted the officer the relief she had sought in the first instance. This time, the Deputy Assistant Secretary – recognizing the clear injustice presented – agreed.

The Court found that key Army leadership decisions were based on misunderstanding, incomplete reasoning, or clear factual mistakes. The judge emphasized that her separation, occurring mere months before the pivotal window, raised serious concerns of injustice.

“This outcome is a testament to perseverance and to the principle that fairness must prevail—even when the process takes far too long,” said Dylan Thayer, the attorney representing the client. “For years, she carried the weight of an unjust separation that cut short an honorable career. Today’s decision not only restores what she earned, but it restores her faith that the system can correct itself. I am incredibly proud of her resilience and grateful to have played a role in helping her finally receive the justice she deserved.”

What This Decision Means for Her

This is more than a correction to a file. This is the restoration of a career, a legacy, and long-denied dignity.

  • Her 2015 discharge has been voided.
  • Her service record has been corrected to reflect 20 years of qualifying service.
  • Her eligibility for non-regular retired pay is confirmed.
  • She now holds her official 20-Year Letter, dated October 1, 2025.
  • She has been reassigned to the Retired Reserve effective March 10, 2018.

For her, this brings closure to a decade-long fight, one that involved navigating complex Army regulations, surviving administrative errors, and persevering against decisions that repeatedly misunderstood or overlooked the facts.

It means she can finally access the retirement benefits she earned through years of honorable service. It affirms that her contributions mattered, that her record deserved fairness, and that the system, though slow to act, can still correct itself.

This is vindication, and it is justice.

A Positive Step Forward

The decision also offers hope to other soldiers who may find themselves entangled in the opaque processes governing Army separations, MRD extensions, and retirement eligibility. It reaffirms that the Army Board for Correction of Military Records exists for a reason—and that judicial oversight ensures fairness when the administrative process falters.

Most importantly, today’s decision reminds us that behind every policy, regulation, or order is a human being whose life and livelihood hang in the balance.

Disclaimer

The information contained in this press release is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this release. Every case depends on its own facts, and past results do not guarantee or predict similar outcomes. The details of the underlying case have been carefully presented without identifying the client, consistent with privacy and confidentiality obligations. For advice specific to your situation, please contact a qualified attorney.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC is a nationally recognized military and federal employment law firm based in Washington, D.C., representing service members, veterans, and federal employees across all branches and uniformed services. The firm specializes in complex matters including ABCMR and BCNR appeals, military records corrections, medical and disability retirement cases, security clearance actions, adverse actions, courts-martial defense, and federal employment disputes.

With decades of combined experience, the firm is known for its meticulous case preparation, appellate expertise, and unwavering commitment to securing justice for those who serve. To learn more, visit www.militarydefense.com or contact the firm directly for a confidential consultation.

 

 

Attorney Dylan Thayer Argues Military Promotion Case Before the D.C. Circuit: Mitchell v. Phelan

Posted on by Becky Haugen

SCOTUS on VA Appeals

Update: The live recording Oral Argument Mitchell v Phelan.
Friday, November 21, 2025 9:30 A.M.
Judges Pillard, Walker, Edwards Case 1: 25-5013 Ernest Mitchell v. John Phelan

The Law Offices of David P. Sheldon, PLLC, announced that Attorney Dylan Thayer will present oral argument before the U.S. Court of Appeals for the District of Columbia Circuit on Friday, November 21, 2025, in the case Ernest F. Mitchell v. John Phelan, Secretary of the Navy (Case No. 25-5013).

At issue in this appeal is whether the Navy violated federal law when it delayed a service member’s promotion beyond the statutory 18-month limit set by 10 U.S.C. § 624(d)(5)—and whether that delay automatically entitled Lieutenant Mitchell to promotion “by operation of law.” The case also challenges the Navy’s decision to issue a “detachment for cause”, alleging it was based on arbitrary findings inconsistent with military regulations and fairness standards.

Mitchell, a decorated officer with over a decade of service, was selected and Senate-confirmed for promotion to Lieutenant Commander before the Navy delayed his advancement following a minor disciplinary action. Despite a Board of Inquiry’s recommendation that he remain in service, his promotion was later withdrawn—prompting a challenge before the Board for Correction of Naval Records (BCNR), the U.S. District Court for the District of Columbia, and now the D.C. Circuit Court of Appeals.

Attorney Thayer, who will argue on behalf of LT Mitchell, emphasized the broader implications of the appeal:

“This case isn’t only about one officer’s career,” Thayer said. “It’s about ensuring that the military follows its own laws and deadlines and that service members are not punished twice for the same incident. Congress set an 18-month limit on promotion delays for a reason: to guarantee accountability and prevent arbitrary career destruction.”  “It’s also about the plain meaning of the statute.”

The appellant’s brief argues that once the Navy exceeded the statutory delay period, Mitchell was automatically promoted by operation of law, and that the Board for Correction of Naval Records acted arbitrarily and capriciously when it failed to correct this injustice.

The appeal also challenges the Navy’s expansive interpretation of “substandard performance” under MILPERSMAN 1611-020, arguing that no definition of “gross negligence” or “complete disregard of duty” fits the record of an officer consistently rated “Promotable” or “Above Standards” in multiple fitness reports.

Oral argument is scheduled for 9:30 A.M. on November 21, 2025, before a three-judge panel at the E. Barrett Prettyman U.S. Courthouse in Washington, D.C. The outcome could set an important precedent on promotion timelines, executive appointment authority, and due process protections for officers across the armed services.

 

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents military service members, veterans, and federal employees worldwide in courts-martial, boards of inquiry, BCNR and BCMR appeals, and federal court litigation. The firm is nationally recognized for its advocacy in military justice, administrative appeals, and constitutional due process.

Disclaimer

This release is for informational purposes only and does not constitute legal advice. Past performance does not guarantee future results. Viewing or responding to this release does not create an attorney-client relationship.

USPHS Class Action Update

Posted on by Becky Haugen

USPHS Retirees File for Retiree Benefits and Backpay

USPHS Class Action Update: Back Pay and Ongoing Review

Update Class Action Memo 11_20_2025

The Law Offices of David P. Sheldon, PLLC has issued an update regarding Futch et al. v. United States (No. 1:25-cv-01915-EDK), the class action pending before the U.S. Court of Federal Claims on behalf of U.S. Public Health Service retirees and survivors affected by the 2025 government shutdown.

With the federal government now reopened, the Treasury Department has initiated back pay disbursements for USPHS retirees. While this is a welcome development, the legal question remains unresolved: whether the federal government can suspend pay for uniformed service retirees during future shutdowns.

As counsel for the class, David P. Sheldon and his team will continue to monitor proceedings and oppose any dismissal that fails to address the underlying structural issue.

Retirees and survivors with questions may contact the class coordination team at class.action@militarydefense.com or call 202-546-9575.

Sign-Up to receive updates by using our Contact Us Form

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.