Firm News Archives

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Posted on April 3, 2025 by Becky Haugen

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Federal Judge Finds Army’s Decision Arbitrary, Siding with Plaintiff Represented by Law Offices of David P. Sheldon

WASHINGTON, D.C. — April 3, 2025 — A federal court has sided with a retired Army Reserve officer in her challenge to the Army’s decision to separate her just four months shy of qualifying for military retirement. The case, brought under the Administrative Procedure Act, was remanded for further proceedings after U.S. District Judge Loren L. AliKhan ruled that the Army’s reasoning for denying retirement benefits was “arbitrary and capricious.”

The plaintiff, a decorated Lieutenant Colonel with nearly 18 years of honorable service, had sought a modest extension of her service to reach the 20-year retirement threshold. Although her original position was deemed “overstaffed,” she successfully pursued a transfer to an understaffed Civil Affairs unit only to be discharged days before the transfer was finalized.

The Army Board for Correction of Military Records unanimously recommended correcting her records to reflect 20 years of service and to award retroactive retirement pay. But in a move the court called confusing and unsupported, a Deputy Assistant Secretary of the Army overruled that recommendation in a single paragraph. The court determined that the Army’s rejection lacked any meaningful explanation and misunderstood key facts in the case.

“This case isn’t just about one soldier, it’s about fairness and accountability in how the Army treats its own,” said Dylan Thayer, the plaintiff’s attorney and partner at the Law Offices of David P. Sheldon, a D.C.-based firm known for championing military rights. “We’re proud to fight for service members who’ve earned the benefits they were promised.”

The court’s decision sends the matter back to the Army for further review, giving the plaintiff a renewed chance to secure the retirement benefits she should have rightfully received.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon is one of the nation’s premier military law firms. With a track record of defending the rights of service members across all branches, the firm handles courts-martial, correction of military records, medical retirement claims, and constitutional rights cases. Visit www.militarydefense.com for more information.

Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.

Law Offices of David P. Sheldon Secures Disability and Retirement Benefits in Medical Evaluation Board Determination

Posted on March 31, 2025April 1, 2025 by Becky Haugen

Washington, DC — April 1, 2025 — The Law Offices of David P. Sheldon announces a successful challenge to a Medical Evaluation Board (MEB) determination on behalf of a Commissioned Corps Officer. Following submission of an Officer Response Form requesting a Full & Fair Hearing with the Medical Appeals Board, the USPHS found the officer unfit for duty, not due to his misconduct, but due to his service-connected disability. This allows him to earn his rightfully owned retirement benefits and corresponding VA benefits.

“When military service results in a disability, which prevents a service-member from finishing their career, they are entitled to compensation for that disability and to the retirement benefits they have rightfully earned,” said Senior Military Defense Attorney Annie Morgan. “We’re proud to have secured this fitness‑for‑duty determination, ensuring our client will have the resources – both financial and medical – to properly treat his service-connected disability moving forward.”

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

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon, headquartered in Washington, D.C., is a nationally recognized firm specializing in military and federal employment law. With decades of combined experience, the firm advocates for servicemembers, veterans, and federal employees facing administrative injustices, ensuring their rights are protected and their records accurately reflect their service. Known for its commitment to integrity, personalized client service, and tenacious representation, the firm has successfully secured corrections of military records, restoration of benefits, and vindication of career reputations.

Federal Court Rules in Favor of Army Reservist, Remanding Her Application to Secure Retirement Benefits in the Rank of Lieutenant Colonel

Posted on March 26, 2025 by Becky Haugen

WASHINGTON, D.C., March 26, 2025 — The United States District Court for the District of Columbia has granted summary judgment to a Lieutenant Colonel in her lawsuit challenging the Army’s denial of her Mandatory Removal Date (MRD) extension, remanding the case for further proceedings to correct her military records and secure retroactive retirement benefits.

The LtCol was involuntarily separated from the Army Reserve on October 31, 2015, four months short of the eighteen‑year service requirement for non‑regular retirement pay, despite applying for an MRD extension and being selected for transfer into an understaffed Army specialty. After the Army Board for Correction of Military Records recommended granting her relief, the Deputy Assistant Secretary of the Army overturned that recommendation without a reasoned explanation, prompting the LtCol to appeal under the Administrative Procedure Act.

“Today’s decision underscores the importance of transparency and fairness in the military’s personnel processes,” said Dylan Thayer of the Law Offices of David P. Sheldon in Washington, DC. “The LtCol dedicated nearly two decades of service to our country and was unjustly denied the retirement benefits she earned. We look forward to finally achieving the correction she deserves.”

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

Law Offices of David P. Sheldon Files Key Legal Motion in Military Defense Case

Posted on March 19, 2025March 25, 2025 by Becky Haugen

The Law Offices of David P. Sheldon is pleased to share an important legal update regarding a recent filing in a military defense case. Led by attorney Dylan Thayer, our firm has submitted a critical motion in the United States Court of Appeal for the District of Columbia Circuit on behalf of a dedicated service member in the United States Army. This motion seeks to overturn a wrongful conviction that threatens both the career and reputation of a decorated officer, underscoring our firm’s unwavering commitment to ensuring justice for those who serve in the armed forces.

Legal Strategy and Advocacy

The motion, filed in a high-stakes military law matter, presents compelling arguments that challenge procedural inconsistencies, evidentiary issues, and violations of due process that have unfairly impacted our client, a Senior Non-Commissioned Officer (NCO) with over 15 years of honorable service. This case involves allegations that were based on flawed investigative procedures, raising significant concerns about the fairness of the military justice process.

Attorney Dylan Thayer, an experienced advocate in military defense law, crafted a well-researched and forceful legal argument addressing key issues related to military regulations and procedural fairness. The motion highlights due process violations and improper handling of exculpatory evidence that could have significantly altered the outcome of the original proceedings.

“This filing is a testament to our firm’s dedication to fighting for service members’ rights,” said Thayer. “The stakes in this case are high—our client’s career, military benefits, and lifelong reputation are on the line. We take immense pride in providing strong, strategic legal representation to ensure that justice is upheld.”

Commitment to Military Defense

The Law Offices of David P. Sheldon has built a reputation as a leading firm in military law, representing service members across all branches of the military. Based in Washington, DC, our team is known for its expertise in courts-martial appeals, discharge upgrades, security clearance matters, and military administrative proceedings. Our attorneys bring decades of experience to the table, providing clients with top-tier legal advocacy in complex military cases.

This latest filing reflects our ongoing commitment to defending those who have dedicated their lives to serving our country. We will continue to monitor this case closely and provide updates as developments unfold.

For more information about our legal services or to schedule a consultation, visit militarydefense.com or contact our office directly 202-546-9575.

About the Law Offices of David P. Sheldon
Located in Washington, DC, the Law Offices of David P. Sheldon is a premier military defense law firm dedicated to representing service members in a wide range of legal matters. With a proven track record of success, we are committed to protecting the rights of those who serve. Learn more at militarydefense.com.

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Law Offices of David P. Sheldon, PLLC Clarifies Immunity of U.S. Public Health Service Officers from Personal Liability

Posted on March 18, 2025March 25, 2025 by Becky Haugen

FOR IMMEDIATE RELEASE

Law Offices of David P. Sheldon, PLLC Clarifies Immunity of U.S. Public Health Service Officers from Personal Liability

Washington, D.C. – March 18, 2025 – The Law Offices of David P. Sheldon, PLLC, a leading firm specializing in military and federal employment law, reaffirms that United States Public Health Service (PHS) officers are immune from personal liability for their official actions. Read the Ruling.

A recent inquiry posed the question of whether PHS officers need to obtain personal insurance for their official acts. The answer is a definitive no. The Supreme Court decision in Castaneda v. Hui, 599 U.S. 799 (2010) established that PHS officers, like our client a named Defendant in the case, are shielded from personal lawsuits under the Federal law.

In this landmark ruling, Justice Sonia Sotomayor, writing for a unanimous Court, made it clear that 42 U.S.C. § 233(a) expressly provides that the FTCA is the exclusive remedy for claims related to constitutional violations committed by PHS officers while acting within the scope of their official duties. The ruling precludes Bivens actions against individual officers, ensuring their legal protection in the performance of their critical public health responsibilities.

“This decision underscores the legal protections in place for PHS officers, reinforcing that personal liability is not a concern when they act within their official scope of duty,” said David P. Sheldon, Managing Partner at the firm. “Our firm is dedicated to defending the rights of service members and federal employees, ensuring that legal protections are properly understood and upheld.”

For more information about the legal rights of PHS officers or other federal employees, contact the Law Offices of David P. Sheldon, PLLC at (202) 546-9575 or visit www.militarydefense.com.

About the Law Offices of David P. Sheldon, PLLC—headquartered in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides premier legal representation for military personnel, federal employees, and public service officers in a wide range of cases, including administrative actions, courts-martial, appeals, and federal employment law. With years of expertise, the firm is a trusted advocate for those serving in uniform and beyond.

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

Disclaimer:

Press Release: Landmark Settlement Reached in Cash v. U.S. Air Force Case

Posted on March 8, 2025March 25, 2025 by Becky Haugen

Overview

In a significant development for federal employment rights, the U.S. Equal Employment Opportunity Commission (EEOC) has approved a comprehensive settlement agreement in the case of Cash v. U.S. Air Force (EEOC Docket No: 570-2024-00752X). The settlement resolves multiple claims of harassment, discrimination, and the creation of a hostile work environment by the complainant’s supervisor. The agreement is set to enhance fairness and accountability within federal workplaces.

Settlement Highlights

Monetary Relief:
The settlement includes a compensatory award to the complainant, in addition to attorney’s fees and costs. This sum is part of a broader resolution under Title VII claims, distinct from wages.
Non-Monetary Remedies:
The U.S. Department of the Air Force has agreed to expunge or remove all derogatory and erroneous information from the complainant’s official personnel files and performance evaluations. This includes the removal of records related to a Performance Improvement Plan and a Letter of Expectations and Counseling. In addition, the Agency will address related indebtedness issues to further mitigate the complainant’s professional records.
Release and Confidentiality:
Under the terms of the agreement, the complainant has agreed to release all claims related to the discriminatory actions, and both parties have committed to maintaining the confidentiality of the settlement terms, unless legally mandated otherwise. Importantly, the agreement explicitly states that the settlement does not constitute an admission of liability by the Agency.
Implementation Timeline:
The settlement will be executed within 45 days from the signing of the agreement, with regular updates provided in case of any delay, ensuring a transparent process moving forward.

Detailed Background

The dispute arose when Cash, a federal civilian employee, alleged multiple forms of discriminatory behavior by her supervisor. The claims detailed harassment based on race and age, as well as an overall toxic work environment that created significant professional challenges. After rigorous negotiations and a joint settlement motion, both parties have agreed to the above terms in a bid to resolve the matter amicably and restore a respectful work environment.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, P.L.L.C. is a renowned legal practice dedicated to representing individuals in matters of federal employment law. With decades of experience and a strong commitment to advocating for employees’ rights, the firm has successfully handled complex cases involving discrimination, harassment, and workplace injustices. Their expert legal team, led by David P. Sheldon, is recognized for its thorough, strategic approach to litigation and settlement negotiations, ensuring that clients receive fair treatment and justice in every case.

For more information or media inquiries, please contact:
Address: 100 M St. SE, Ste 600, Washington, DC 20003
Tel: 202.546.9575
MilitaryDefense.com

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Legal Action on Behalf of Retired USPHS Member Challenging Injustice in Federal Public Health Service Record Correction Case

Posted on February 28, 2025March 25, 2025 by Becky Haugen

FOR IMMEDIATE RELEASE

Law Offices of David P. Sheldon, PLLC Files Legal Action Challenging Injustice in Public Health Service Record Correction Case

Washington, D.C. – February 28, 2025 – The Law Offices of David P. Sheldon, PLLC, a premier law firm specializing in military and federal employment law, has filed a lawsuit on behalf of a distinguished former officer of the United States Public Health Service (PHS) Commissioned Corps. The complaint, filed in the United States District Court for the District of Columbia, challenges a federal agency’s refusal to grant relief despite findings of injustice by an official military correction board.

Represented by Dylan Thayer, a federal litigator, the plaintiff—an officer with the rank of Commander—seeks to overturn a decision by the Program Support Center Director that disregarded evidence of wrongful termination and procedural violations. The lawsuit asserts that the officer was unfairly separated from service despite a military records board’s acknowledgment that her supervisors failed to address critical signs of an underlying medical condition.

“This case exemplifies a fundamental failure to ensure justice for those who have dedicated their careers to public service,” said attorney Dylan Thayer. “Despite a finding of injustice by the Board for Correction of PHS Commissioned Corps Records, the final decision-maker arbitrarily denied relief, disregarding both the evidence and the governing legal standards.”

The lawsuit contends that the agency’s decision violated federal law, failed to correct a clear injustice, and deprived the officer of due process rights under the Fifth Amendment of the U.S. Constitution. The plaintiff is seeking a remand of the case to the Board for a lawful review that adheres to applicable statutes and regulations.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized firm specializing in military law, federal employment disputes, security clearance matters, and appellate litigation. With a track record of successfully advocating for service members, veterans, and federal employees, the firm remains committed to securing justice for those who serve our nation.

For more information, please visit www.militarydefense.com or contact the firm at:

Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, DC 20003
Phone: (202) 546-9575
Fax: (202) 546-0135

Disclaimer:

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces

Posted on February 24, 2025March 25, 2025 by Becky Haugen

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces in SrA Bryce Roan’s Case

Washington, D.C. – On Wednesday, February 26, 2025 Senior Trial and Appellate Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, will present oral argument before the Court of Appeals for the Armed Forces (CAAF) in the case of Senior Airman (SrA) Bryce Roan. The argument will focus on the government’s failure to disclose exculpatory evidence, violating SrA Roan’s constitutional and statutory rights to a fair trial under Brady v. Maryland and Rule for Courts-Martial 701.

SrA Roan was convicted of wrongful use of cocaine following a positive urinalysis during a unit-wide drug sweep. However, critical evidence indicating the possibility of a false positive due to a pre-workout supplement was withheld by military prosecutors. This evidence was later disclosed in a separate but related court-martial, where Roan’s roommate was acquitted of the same offense. Despite clear indications of gross negligence by investigators—including the destruction of key investigative records—the government proceeded with Roan’s prosecution without full disclosure of exculpatory evidence.

CAAF granted review on the following issues:

Whether the lower court erred in finding that the withheld evidence was immaterial, thereby violating the principles established in Brady v. Maryland.
Whether the government’s failure to disclose evidence violated SrA Roan’s rights under Rule for Courts-Martial 701.

“The failure to disclose exculpatory evidence is an affront to every service member’s right to a fair trial,” said Annie Morgan, who will argue the case on behalf of SrA Roan. “This case is about more than one Airman—it is about ensuring integrity in military justice. We will not stop fighting until justice prevails.”

The Law Offices of David P. Sheldon, PLLC, a nationally recognized military law firm based in Washington, D.C., continues to champion the rights of service members in complex court-martial cases and appeals.

For more information, please contact:

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
www.militarydefense.com

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Veteran Files Federal Lawsuit to Correct Military Records for Denial of Earned Combat Honors and Benefits

Posted on February 21, 2025March 25, 2025 by Becky Haugen

Veteran Challenges Army’s Denial of Earned Honors and Benefits in Federal Court

Washington, D.C. – The Law Offices of David P. Sheldon, P.L.L.C., announced today that a federal lawsuit has been filed challenging the Army Board for the Correction of Military Records’ refusal to award a decorated U.S. Army veteran full medical retirement, back pay, and well-earned honors for combat service. Attorney Dylan Thayer, of the Washington, D.C.-based firm, is representing the plaintiff in this case, which seeks to correct unjust decisions made regarding his military record and disability benefits.

The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that the Army improperly denied the plaintiff the Combat Action Badge and the Purple Heart, despite clear evidence of combat injuries and engagement with enemy forces. The legal action also challenges the Army’s decision to discharge the plaintiff with a partial disability severance rather than granting full medical retirement.

“Our client has given years of honorable service to his country and has suffered significant, documented combat injuries,” said Dylan Thayer. “The Army Board’s refusal to grant him the recognition and compensation he rightfully deserves is both unjust and inconsistent with the law. This lawsuit seeks to correct these wrongs and ensure that his sacrifices are properly honored.”

The complaint asserts that the Army’s denial was arbitrary, capricious, and contrary to military regulations. Despite overwhelming medical and service records supporting the plaintiff’s claims, the Board refused to amend his records or provide the benefits to which he is entitled.

“The Army’s decision contradicts its own regulations and policies,” said Thayer. “We are confident that the court will recognize the injustice in this case and direct the Army to rectify these errors.”

This lawsuit is part of a broader effort by The Law Offices of David P. Sheldon to advocate for veterans who have been denied benefits through wrongful injustices and denial of the law.

For further information or media inquiries, please contact:

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

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