Law Offices of David P. Sheldon, PLLC Files Lawsuit Against U.S. Air Force Over Delayed Wrongful Death Claim

Law Offices of David P. Sheldon, PLLC Files Federal Lawsuit Against U.S. Air Force Officials Over Unreasonable Delay in Wrongful Death Claim

Washington, D.C. – February 17, 2025 – The Law Offices of David P. Sheldon, PLLC has filed a lawsuit in the United States District Court for the District of Columbia on behalf of Shawn Bogen, a widow seeking justice after the tragic drowning of her husband, Andrew Bogen, at a Department of the Navy-managed swimming facility in Japan.

The lawsuit, filed against senior officials of the United States Air Force, including Chief of the Foreign Torts and Litigation Branch, Stephen J. Eriksson, and Acting Secretary of the Air Force, Gary A. Ashworth, challenges the agency’s failure to take timely action on Ms. Bogen’s wrongful death claim under the Military Claims Act (MCA).

Mr. Bogen, a civilian Department of Defense Education Activity teacher, drowned at the Purdy Fitness Center Pool in Yokosuka Naval Base, Japan, on August 29, 2022. Despite visible distress, on-duty lifeguards failed to respond promptly, resulting in his untimely death.

Ms. Bogen initially filed her claim under the MCA in November 2023, yet the Air Force has refused to either approve or deny the claim, instead insisting that she first pursue a separate claim under the Federal Employees’ Compensation Act (FECA)—despite clear legal precedent demonstrating that FECA does not apply in this case.

“The government’s refusal to take action on Mrs. Bogen’s claims is not just an administrative failure—it is an injustice,” said Dylan Thayer, lead counsel for the plaintiff. “By unlawfully withholding and unreasonably delaying a decision, the Air Force is denying a grieving widow the closure and compensation she is legally entitled to.”

The lawsuit, brought under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. § 706(1)), seeks a court order compelling the Air Force to take immediate action on Ms. Bogen’s claims and provide the justice she and her family deserve.

The Law Offices of David P. Sheldon, PLLC remains committed to holding military and government agencies accountable and ensuring fair treatment for service members, federal employees, and their families.

For more information, please contact:

David P. Sheldon
Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: (202) 546-9575
Website: www.militarydefense.com

Annie Morgan on Military Justice & Women in the Armed Forces – Dog Tag Diaries Podcast

 

Annie Morgan appears on Podcast Dog Tag Diaries

Guest Appearance by Annie Morgan on the Dog Tag Diaries Podcast to Discuss Military Justice and Defending High Value Detainees at Guantanamo Bay

Washington, D.C. – February 12, 2025 – The Dog Tags Podcast, hosted by Captain Kim and Captain Dakota, features a powerful new episode with special guest Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. Known for her fierce advocacy for service members and extensive work in military justice, Morgan shares her insights on legal challenges within the military, her experiences representing detainees at Guantanamo Bay, and the ongoing push for military justice.

Dog Tag Diaries, hosted by Captain Kim and Captain Dakota, has become a trusted platform for sharing authentic stories of experiences in the military—particularly those highlighting the voices and experiences of women in service. This episode adds another meaningful conversation to their growing library of compelling content.

Episode Highlights Include:

  • Annie Morgan’s work as military attorney for detainees at Guantanamo Bay
  • Defending military members and her commitment to justice for the military community
  • The importance improving conditions for women in the armed forces
  • Her own experiences of being part of the military community from childhood to now a Senior Military Attorney for the Law Offices of David P. Sheldon

Where to Listen:
The Dog Tag Diaries Podcast is available on Dog Tag Diaries. Don’t miss this episode featuring Annie Morgan and other inspiring voices from women in the military community. “Join Captain Kim as she explores Annie’s experiences defending airmen and navigating the intricacies of criminal justice.”

 

 

Lawsuit Filed Against Department of Defense for Medical Negligence and Procedural Violations

Complaint Filed Against Department of Defense Alleging Medical Negligence and Violations of Procedural Rights

Washington, DC – The Law Offices of David P. Sheldon have filed a federal complaint on behalf of the father of a deceased U.S. Navy seaman, alleging severe medical negligence by the medical staff aboard the USS Ronald Reagan and significant violations of due process by the Department of Defense.

The complaint asserts that the seaman, who tragically passed away in 2016, was denied proper medical care over a six-day period despite showing increasingly severe symptoms of illness. Medical personnel allegedly ignored protocol and failed to administer necessary diagnostic tests, resulting in the preventable death of a young service member.

“This case highlights a profound failure of care and accountability,” said Dylan Thayer, an attorney with the Law Offices of David P. Sheldon. “No family should ever experience such a tragic loss due to negligence, nor should they be denied justice by procedural errors and misapplications of the law.”

The complaint further alleges that after the independent autopsy revealed the true cause of death, the Department of Defense repeatedly misrepresented the circumstances surrounding the seaman’s passing. Efforts by the family to seek justice were met with denials and procedural barriers, including an improper refusal to apply the discovery rule to determine the timeliness of the claim.

“We are committed to ensuring that this family’s voice is heard and that those responsible are held accountable,” Thayer added. “This lawsuit is about more than just one individual case—it’s about exposing a broader issue and preventing future injustices.”

The lawsuit seeks judicial review of the Defense Health Agency’s denial of the family’s claim, arguing that the agency’s actions were arbitrary, capricious, and in violation of constitutional and statutory rights.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon are dedicated to representing military service members and their families in matters involving military justice, medical negligence, and appeals. With extensive experience in military law, the firm is known for its tireless advocacy and pursuit of justice for those who serve.

Law Offices of David P. Sheldon
202-546-9575
militarydefense.com

 

Political Stunt Feasibility As Migrants Are Sent To Guantanamo

Accommodating 30,000 migrants would be “logistically impossible”, according to former Air Force Judge Advocate (JAG) Annie Morgan, a military attorney for the Law Offices of David P. Sheldon, Located in Washington, DC.

Full CNN story.

Trump’s Guantanamo Bay Migrant Detention Plan: Legal, Ethical, and Logistical Challenges

Trump’s plan to detain 30,000 undocumented migrants at Guantanamo Bay. Legal challenges, ethical concerns, and staggering costs dominate discussions of this controversial immigration policy.

Federal Complaint Filed Over Denial of Education Benefits

Retired Navy Commander Files Federal Complaint Over Denial of Education Benefits

Washington, D.C. – February 4, 2025 – A retired U.S. Navy Commander with nearly three decades of service has filed a federal lawsuit in the U.S. District Court for the District of Columbia (Civil Action No. 1:25-cv-00324) against the Acting Secretary of the Navy, challenging the denial of Post-9/11 GI Bill education benefits for his children.

The complaint alleges that the Commander, who was eligible for reserve retirement as of 2008, was improperly denied the right to transfer education benefits due to errors by the Navy and inadequate counseling regarding eligibility requirements. Despite fulfilling all criteria outlined by Department of Defense and Navy regulations, he was misinformed that additional years of service were required. Acting on this misinformation, the Commander extended his service commitment but later retired in 2015 to address urgent family needs, including supporting a child with autism enrolled in the Navy’s Exceptional Family Member Program.

The lawsuit claims the denial of benefits was arbitrary, capricious, and inconsistent with established military regulations and past Board for Correction of Naval Records precedents. The Commander asserts that other service members in similar situations were granted relief and that his case deserves the same outcome.

“This case is about ensuring fairness for service members who have dedicated their lives to this country and holding the Navy accountable for fulfilling its commitments to military families,” said a Dylan Thayer the Commander’s legal representative.

The complaint asks the Court to remand the case for a new review, recognize the Commander’s eligibility to transfer education benefits, and correct his military records to reflect that eligibility. The case is being handled by the Law Offices of David P. Sheldon, PLLC, a firm specializing in military justice and veterans’ rights.

Media Contact:
Law Offices of David P. Sheldon, PLLC
Tel: (202) 546-9575
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Law Offices of David P. Sheldon, PLLC Welcomes Annie W. Morgan, Esq. as Senior Military Defense Attorney

Press Release

 Law Offices of David P. Sheldon, PLLC Welcomes
Annie W. Morgan, Esq. as Senior Military Defense Attorney

Annie Morgan, Esq. joins the Law Offices of David P. Sheldon as a Senior Military Lawyer

 

Washington, D.C., November 8, 2024 – The Law Offices of David P. Sheldon, PLLC, a premier military law firm specializing in defending service members’ rights across all branches of the U.S. military, is thrilled to announce the addition of Annie W. Morgan, Esq. to its distinguished team of legal experts. Ms. Morgan joins the firm as a Senior Military Defense Attorney, bringing over fourteen years of expertise in military and national security law, including five years’ experience litigating some of the most high profile national security cases in U.S. history.  .

Ms. Morgan’s career includes notable positions in the United States Department of Defense, the Department of Treasury, and academia, where she has earned a reputation for her commitment to the U.S. Constitution, human rights, and the rule of law. In her most recent role as an Attorney Advisor at the Financial Crimes Enforcement Network (FinCEN), Ms. Morgan safeguarded the financial system against illicit threats, providing legal counsel on matters related to anti-money laundering, national security, and financial regulations.

Previously, Ms. Morgan served as a Defense Attorney within the Military Commissions Defense Organization, where she represented the alleged mastermind of the USS Cole bombing. Mr. Abdul Al-Rahim Al-Nashiri, against capital charges.  In defense of Mr. Al-Nashiri, Ms. Morgan has appeared before the War Courts convened in Guantanamo Bay, the Court of Military Commissions Review, the D.C. Circuit Court, and international tribunals.  Ms. Morgan has been lauded for her commitment to representing clients in challenging cases, her command of complex international law issues, her expertise handling classified materials, and her novel trial strategy.  Her work  before the military commissions has been featured in the New York Times, the Nation, MSNBC, and in a host of legal blogs and podcasts.  Most notably, Ms. Morgan’s historic examination of the architect of the CIA’s torture program and her successful argument in the first-ever motion to suppress evidence obtained or derived from the torture of Guantanamo detainees, has received national attention.

Ms. Morgan also served with distinction in the U.S. Air Force Judge Advocate General’s Corps, where she served as atrial defense counsel, representing servicemembers across Europe and the Middle East, an appellate defense, where she appeared before the Air Force Court of Criminal Appeals, and the Court of Appeals for the Armed Forces, and a civil litigation attorneys, where she handled some of the most complex litigation involving military service members in federal court.  During her time as a trial and defense counsel, Ms. Morgan is responsible for shaping military law, successfully exposing prosecutorial misconduct in United States v. Bowser, doggedly challenging unlawful command influence in United States v. Boyce, and arguing against unlawful and overbroad orders in United States v. Pugh.  Ms. Morgan has a demonstrated commitment to advancing the rights of military personnel and veterans worldwide.

“We are honored to welcome Annie to our team,” said David P. Sheldon, founding attorney of the Law Offices of David P. Sheldon, PLLC. “Her impressive track record, deep understanding of military and constitutional law, and fierce advocacy for justice will make her an invaluable asset to our firm and to our clients.”

Ms. Morgan holds a Master of Laws (LL.M.) in National Security Law from Georgetown University Law Center, where she graduated with distinction. Additionally, Ms. Morgan holds a Juris Doctorate (J.D.) from the George Washington University School of Law.  Ms. Morgan is a non-resident expert in national security at the Eisenhower Institute in Washington, D.C. and an adjunct professor of political science and public policy at Gettysburg College.   As a recognized expert in the field, Ms. Morgan is a frequent guest lecturer at academic institutions including Georgetown University Law Center, American University School of Law, University of Illinois School of Law, and Stanford University.  Ms. Morgan has been invited to lecture at the American Bar Association’s annual Women in White Collar Luncheon, which was attended by the Honorable Merrick Garland. Her legal scholarship includes publications on national security law and human rights, notably her work in Georgetown’s Journal of National Security Law & Policy.

Annie W. Morgan’s appointment underscores the Law Offices of David P. Sheldon, PLLC’s commitment to providing top-tier legal representation to service members and their families. With her addition, the firm further strengthens its capacity to advocate for justice on behalf of those who serve our nation.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a nationally recognized military law firm dedicated to defending the rights of service members in all branches of the U.S. military. With a team of highly skilled attorneys, the firm handles court-martial cases, appeals, administrative separations, and other complex military law matters, championing justice for those who protect our country.

For more information, please contact:

Law Offices of David P. Sheldon, PLLC
(202) 546-9575
www.militarydefense.com

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Article: IRR National Guard Know Your Rights: Delay and Exemption Boards

In the Individual Ready Reserve (IRR) or National Guard marking your time? Activation and deployment orders — know your rights or go at your own peril

 

By David P. Sheldon

October 1, 2024

 

 

With the potential call up of tens of thousands of those of you who have been marking time in the Individual Ready Reserve (IRR), the National Guard or the Army Reserves for almost a decade now, one needs to act carefully to ensure that you consider your options. You may have established a career, a family, and the responsibilities that come with those things when suddenly you are faced with activation and deployment orders. Your world just blew up. Now what?

Recent events in the Middle East portend activation and deployment orders for thousands, if not a 100,000 service members by the end game. Individuals who have served in the National Guard or Reserves may do so believing their commitment will likely remain restricted to weekends or a few weeks a year. While activation and deployment orders are always possible, these soldiers, sailors, Marines, and airmen may not be prepared, especially those who serve in the IRR, to activate and deploy.

Reservists and members of the National Guard should certainly take note and, of course, have a plan in place, especially if they are not in a position to deploy because of work and/or family obligations. But Congress has also allowed for service members to request delay and exemption from orders, through the delay and exemption board. But you must meet the statutory and regulatory bases. And, like everything, timing is critical.

It is important for Reserve and Guard members to understand the time frames in which they may request a delay or deferment in reporting, or an exemption from active duty, since untimely requests may not be processed, and even timely requests can be severely truncated by not understanding the rules and regulations that govern delay and exemption boards. It is also important to have an understanding of the differences between the types of requests and how they may affect a Reserve or Guard member.

The process varies depending on the military department involved, although if denied, generally appeals are available. Having an experienced attorney from the get-go can be critical since members may not be aware of exactly what information they need to provide before a request is considered. Although the process begins with a phone call or a form which may seem simple enough to complete, it is important to know what information a board is looking for in order to provide the strongest application possible. If past conflicts have taught us anything, it is that National Guard members and reservists need to be prepared. Timing is critical. The bottom line is that before you call the number on your orders to the delay and exemption board, let alone submit the form that governs, consult the rules and regulations that apply — or, better yet — call a qualified legal counsel that can assist you in making the very best case for a delay and exemption of your activation and deployment.

 

 

 

News: Pardon Gives Relief to Thousands of Military Service Members

APA News

LGBTQ Military Veteran's Pardoned
LGBTQ Military Veteran’s Pardoned

BY ZEKE MILLER
Updated 6:22 PM MDT, June 26, 2024
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WASHINGTON (AP) — President Joe Biden pardoned potentially thousands of former U.S. service members convicted of violating a now-repealed military ban on consensual gay sex, saying Wednesday that he is “righting an historic wrong” to clear the way for them to regain lost benefits.

Biden’s action grants a pardon to service members who were convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy. The law, which has been on the books since 1951, was rewritten in 2013 to prohibit only forcible acts. (Read Full Article)

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