Firm News Archives

Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Posted on February 20, 2025March 25, 2025 by Becky Haugen

Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Washington, D.C. – February 20, 2025 – Attorney Dylan Thayer will present oral arguments before the United States Court of Appeals for the District of Columbia Circuit on February 21, 2025, at 9:30 A.M., advocating for Major Thomas G. Coleman (ret.), USAF, in his case against Secretary of the Air Force Frank Kendall, III.

Major Coleman seeks to rectify a bureaucratic error that has unjustly prevented him from completing his 18-year safe harbor period for military retirement. The Air Force Board for the Correction of Military Records (AFBCMR) acknowledged the error but has failed to fully remedy its consequences. At issue is whether a military correction board, upon identifying an injustice, is required under the law of the D.C. Circuit to fully correct that injustice. Thayer will argue that the answer is unequivocally yes.

In his appeal, Major Coleman is requesting 49 days of constructive service credit to compensate for the eight to 14 months of service time he was wrongfully deprived due to Air Force administrative failures in processing his waiver and transfer request between 2012 and 2013. Despite meeting all requirements to make the year count toward his retirement, the Air Force’s error prevented him from earning the necessary 50 points for a complete year. While the AFBCMR has previously made minor adjustments, it has never fully corrected the injustice, leaving Major Coleman without the retirement protections he rightfully earned.

Thayer will emphasize that when a military correction board acknowledges an error, it is legally obligated to restore the service member to the position they would have been in but for the mistake. This case carries significant implications for service members who rely on correction boards to ensure fairness in military records and retirement eligibility.

Oral arguments will take place at the United States Court of Appeals for the District of Columbia Circuit and is listed on the court’s website: www.cadc.uscourts.gov.

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 Files Lawsuit Against U.S. Air Force Over Delayed Wrongful Death Claim

Posted on February 17, 2025March 25, 2025 by Becky Haugen

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

Disclaimer:

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

Posted on February 12, 2025February 19, 2025 by Becky Haugen

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

Posted on February 7, 2025March 25, 2025 by Becky Haugen

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

Disclaimer:

Federal Complaint Filed Over Denial of Education Benefits

Posted on February 6, 2025March 25, 2025 by Becky Haugen

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
Contact Us

Disclaimer:

The Law Offices of David P. Sheldon Successfully Negotiates Settlement for Defendant in Civil Suit

Posted on January 30, 2025March 25, 2025 by Becky Haugen

Press Release

The Law Offices of David P. Sheldon Successfully Negotiates Settlement for January 6th Defendant in Civil Suit

On January 20, 2025, President Donald Trump issued “a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.” While this historic order relieved January 6th defendants of criminal liability, many continue to face civil lawsuits stemming from the events of that day.

The Law Offices of David P. Sheldon recently represented one such defendant in a high-stakes civil case seeking $10 million in damages, including claims for wrongful death.

Thanks to the diligence and skill of our legal team, several claims against our client were dismissed. The plaintiff filed a stipulation of dismissal with regard to our client, reaching a settlement for a significantly reduced amount.

At the Law Offices of David P. Sheldon, we believe that everyone deserves high-quality legal representation. If you are a defendant in a civil suit in federal or D.C. Superior Court, contact our office today to learn how we can help protect your rights.

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
(202) 546-9575
www.militarydefense.com

Disclaimer:

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

Posted on November 8, 2024March 25, 2025 by Becky Haugen

Press Release

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

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

Print Version

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.

News: Pardon Gives Relief to Thousands of Military Service Members

Posted on June 28, 2024July 12, 2024 by Courtney Jacobs

APA News

LGBTQ Military Veteran’s Pardoned

BY ZEKE MILLER
Updated 6:22 PM MDT, June 26, 2024
Share
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)