Army Veteran Wins Medical Retirement After Long Fight for Justice

After fighting for over 10 years an army veteran gets justice

After more than a decade of pain, appeals, and repeated denials, a U.S. Army veteran has finally secured justice. On September 12, 2025, following a formal hearing before the Physical Evaluation Board (PEB), the Board recognized what years of medical evidence had already made clear: the veteran’s combat-related injuries rendered him unfit for service and entitled him to a medical retirement.

This decision marks the end of a grueling journey that began with a Humvee accident in Iraq in 2008, where the soldier sustained traumatic brain injury, multiple orthopedic injuries, and post-traumatic stress disorder. Rather than receiving the disability evaluation process required by Army regulations, he was left in limbo for years on temporary medical profiles, eventually separated at the end of his service contract in 2011 without the medical retirement he deserved. Despite his documented conditions, which later earned him a 100% permanent and total disability rating from the Department of Veterans Affairs, the Army refused to grant him retirement benefits. For over a decade, he fought through the Army Board for Correction of Military Records and multiple PEB reviews, compiling an extensive record of medical evidence, VA ratings, and legal arguments to prove what should have been recognized years ago, that he was permanently unfit for service. The member even filed suit in District Court, obtaining a remand, which led to his ultimate victory.

“This case demonstrates the perseverance of a soldier who refused to let bureaucracy erase his sacrifice,” said Attorney Dylan Thayer, who represented the veteran. “Our client gave everything for his country, and after years of struggle, the system has finally acknowledged that he was entitled to a medical retirement from the very beginning. It is an honor to stand by him in securing this result.”

The Board’s decision not only restores the veteran’s dignity but also grants him critical benefits, including retirement pay, health care, and backdated entitlements. It sends a broader message that service members should not have to fight for years to obtain the care and recognition that the law already promises them.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents U.S. service members, veterans, and federal employees in military and federal employment law matters, including courts-martial defense, PEB/MEB representation, ABCMR appeals, and security clearance defense. The firm is dedicated to correcting injustices and protecting the rights of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship.

 

Court of Appeals for the Armed Forces Overturns Airman’s Conviction; Restores Honor and Career

Montana Air

The Law Offices of David P. Sheldon, PLLC announced today a significant victory before the United States Court of Appeals for the Armed Forces (CAAF), which unanimously reversed the wrongful conviction of an Airman wrongfully convicted of cocaine use.  The unanimous decision found that prosecutors had wrongfully failed to disclose exculpatory evidence under Brady v. Maryland.

This decision likely secures more than three years of back pay and allowances for the Airman and, most importantly, removes his criminal conviction, ensuring he will be honorably discharged.

From Injustice to Vindication

The young Airman faced a devastating court-martial conviction in 2021 at Little Rock Air Force Base after the government withheld and destroyed critical evidence that could have exonerated him. While one of his co-accused was acquitted and another not even charged, the Airman was left with a court martial conviction, “bad paper” discharge, denied appellate review, and forced to rebuild his life working at a Home Depot.

After his initial Article 69 petition was denied, the Law Offices of David P. Sheldon, PLLC took the case pro bono. When the Air Force Court of Criminal Appeals affirmed the conviction, Senior Military Defense Attorney Annie Morgan, argued the appeal before the CAAF in Spring of 2025.

This morning, the CAAF issued its unanimous decision, ruling that the lower court erred in dismissing withheld exculpatory evidence, a clear violation of Brady v. Maryland. The Court found the government’s destruction of investigative files and failure to disclose evidence fundamentally undermined the fairness of the trial.

A Voice for All Service Members

“This case reaffirms that every service member, no matter their rank, deserves a fair trial,” said Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. “Our client stood alone for years, but today the Court has restored his honor and ensured that justice prevails.”

Case Impact

The Court set aside both the findings and the sentence, underscoring that suppressed evidence of potential innocent ingestion and investigative misconduct should have been disclosed.

This ruling strengthens due-process protections across the armed forces and sends a clear message that the government must honor its constitutional discovery obligations.

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 representing military service members, federal employees, and veterans. With a focus on courts-martial defense, medical retirement boards, and appeals before military and federal courts, the firm is committed to safeguarding the rights, careers, and honor of those who serve.

Disclaimer

This release is for informational purposes only and does not constitute legal advice. Past results do not guarantee a similar outcome. No attorney-client relationship is created by this announcement.

 

Army Chaplain Files New ABCMR Petition Following Court Victory

Army Chaplain Fights for Justice

A Step Forward in Restoring Honor and Correcting Injustice

An Army Chaplain has filed a new application with the Army Board for Correction of Military Records (ABCMR) seeking the removal of a General Officer Memorandum of Reprimand (GOMOR) from her official record. This filing follows her decisive federal court victory earlier this summer, when the U.S. District Court for the District of Columbia found that the Army’s prior refusal to grant relief was “arbitrary and capricious” and remanded her case to the Board

A Career of Service, a Battle for Justice

The Chaplain’s story is one of resilience, faith, and dedication to the soldiers she served. After joining active duty in 2016, she rose to become a Battalion Chaplain in the 101st Airborne Division. Her record included consistent high marks for performance and leadership, along with deep personal commitments to the spiritual and moral well-being of her troops

In 2022, following an administrative dispute with a subordinate soldier, she received a GOMOR. While the Army initially attempted to end her career, a Board of Inquiry later determined she should be retained, recognizing that her conduct did not rise to the level of separation. Even so, the reprimand remained in her permanent record, a stain that hindered her advancement despite subsequent “highly qualified” evaluations and strong endorsements from peers and leaders

In February 2024, the ABCMR itself unanimously recommended removing the reprimand, citing her remorse, strong performance, and the unfair severity of the GOMOR. But in April 2024, that recommendation was overturned by the Deputy Assistant Secretary of the Army. The Chaplain challenged the decision in federal court, and on July 14, 2025, the District Court sided with her, ordering the case returned to the Board for proper reconsideration

Moving the Ball Forward

Now, with her latest ABCMR filing, the Chaplain is seeking to finish what began three years ago: the full restoration of her record and her honor.

“This case is about more than one reprimand,” said her attorney, Dylan Thayer, of the Law Offices of David P. Sheldon, PLLC. “It is about ensuring that a decorated chaplain’s career is not defined by an isolated incident, especially after she has demonstrated unwavering integrity, remorse, and continued excellence in service.”

For the Chaplain, the filing is not simply about personal vindication. It is about correcting the record so that her service is remembered for what it truly is faithful, compassionate, and dedicated to the soldiers she was called to serve.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is nationally recognized for its representation of service members, veterans, and federal employees. The firm has extensive experience in military law, corrections of military records, courts-martial defense, and federal employment litigation.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Viewing this information does not create an attorney-client relationship.

Army Officer Files for Correction of Military Records After Career-Ending Injustice

Army Commander Files for Correction of Records

Attorney Dylan Thayer of The Law Offices of David P. Sheldon, PLLC filed a petition on behalf of a former U.S. Army officer, seeking long-overdue correction of her military records. The filing alleges that administrative delays, wrongful documentation, and unjust proceedings led directly to the premature end of the officer’s Army career.

The case centers on the Army’s mishandling of a General Officer Memorandum of Reprimand (GOMOR) issued in 2017. Although the officer accepted responsibility and demonstrated years of exemplary service afterward, including letters of support from commanding officers and strong performance reviews, her record was never corrected in time to prevent an unfair separation. Even the issuing general later confirmed that the reprimand had “served its intended purpose” and should have been removed.

Despite this, bureaucratic delays allowed the reprimand to influence promotion and retention boards, effectively ending the officer’s military service in 2021. The filing argues that the Army Board for Correction of Military Records must now grant relief, including reinstatement, retroactive promotion consideration, and the removal of the unjust reprimand.

“This case is about fairness, justice, and the Army’s duty to uphold its own regulations,” said Dylan Thayer, counsel for the officer. “Our client gave years of honorable service and demonstrated rehabilitation, yet her career was cut short by administrative errors that the Army itself acknowledged were unjust.”

The petition also details the severe toll the separation has taken on the officer’s mental health, including treatment for post-traumatic stress disorder, anxiety, and depression. Advocates argue that correcting her record is not only required by law but essential to restoring the integrity of the Army’s personnel system.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC represents service members, veterans, and federal employees in matters involving military justice, medical boards, security clearance actions, and corrections of military records. With decades of experience, the firm is committed to protecting the rights and careers of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship with the Law Offices of David P. Sheldon, PLLC.

Air Force Veteran Wins Long-Fought Battle to Restore Her Honorable Service

Airforce Image of Uniforms

After nearly a decade of fighting to correct an injustice, a former Airman Basic has finally succeeded in having her military discharge upgraded to “Honorable.”

The Airmen enlisted in the U.S. Air Force in 2012, where she excelled serving in Germany supporting Patriot Express missions. Her career trajectory shifted, however, after a transfer stateside in 2015. There she endured domestic abuse at the hands of her spouse and faced a devastating lack of support from her chain of command. Instead of receiving protection, the Airman was pushed into marital counseling that worsened her trauma.  The abuse, combined with untreated medical issues, led to severe sleep disorders and adjustment disorder with depression. These conditions caused her to be late for work on multiple occasions, incidents her command labeled as “misconduct (minor infractions).” She was separated with a “General” discharge, stripping her of the full recognition and benefits.

Despite this, the Airman never gave up. She built a successful civilian career, proving that the issues she faced were rooted in circumstances beyond her control—not a lack of dedication or ability. She then pursued every available appeal, courageously telling her story to military review boards even after initial denials.

On May 29, 2025, the Air Force Discharge Review Board voted to correct the injustice. The Board found her prior characterization inequitable, upgrading her discharge to Honorable, changing her narrative reason to Secretarial Authority, and revising her reentry code.

“She carried this stigma for years, but knew her service was honorable,” according to her attorney< David P. Sheldon, who represented her before the Board. “This upgrade means the record finally reflects the truth.”

Her persistence not only restores her dignity but also highlights how survivors of abuse and trauma within the ranks are too often punished instead of supported.

The case was part of the Johnson et al. v. Kendall class action settlement, which required the Air Force to review thousands of discharges under more compassionate standards of equity and clemency

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees nationwide. The firm is dedicated to ensuring fairness in military justice, protecting veterans’ rights, and correcting injustices in service records.

Disclaimer

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

Oral Argument in Dudt v. Driscoll Before the D.C. Circuit Court of Appeals

Navy Commander Files Suit against Federal Government for Benefits

Law Offices of David P. Sheldon, PLLC Presents Oral Argument in Dudt v. Driscoll Before the D.C. Circuit Court of Appeals

Washington, D.C., September 4, 2025 — The Law Offices of David P. Sheldon, PLLC appeared before the United States Court of Appeals for the District of Columbia Circuit today in the case of Andrew Dudt v. Daniel Driscoll, Secretary of the Army (No. 24-5084).

Attorney Dylan Thayer argued on behalf of Major Andrew Dudt, U.S. Army, challenging the Army’s decision-making process and raising critical issues of procedural fairness, due process, and regulatory consistency. Representing the Army, the U.S. Department of Justice appeared through counsel Bradley Silverman.

The case was heard by Circuit Judges Rao and Walker, and Senior Circuit Judge Randolph. The panel pressed both sides on how military authorities apply and interpret regulations in disciplinary and administrative matters that affect service members’ careers, reputations, and futures.

This case underscores the high stakes faced by service members when adverse administrative actions are taken without proper safeguards. The outcome of this appeal could set precedent for how military regulations are reviewed in federal courts and how due process rights are upheld for service members nationwide.

“Our argument before the D.C. Circuit today is about fairness and accountability,” said Dylan Thayer, attorney for the appellant. “Major Dudt, like all service members, deserves decisions made under consistent rules and with full respect for his rights. We are confident that the Court understands the gravity of what is at stake—not just for our client, but for others serving in uniform.”

The Court’s decision, expected in the coming months, could provide important guidance for both service members and military authorities in the interpretation and enforcement of regulations.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC represents service members, veterans, and federal employees in high-stakes litigation. With extensive experience in military defense and federal appeals, the firm is dedicated to ensuring fairness, accountability, and justice for those who serve our nation.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice.

 

 

Law Offices of David P. Sheldon, PLLC to Argue Military Defense Case Before the D.C. Circuit Court of Appeals

Military Services Defending

Attorney Dylan Thayer and The Law Offices of David P. Sheldon, PLLC will argue before the U.S. Court of Appeals for the D.C. Circuit on Thursday, September 4, 2025, at 9:30 a.m. (ET) in Courtroom 31 the case of Andrew Dudt v. Daniel Driscoll (No. 24-5084).

Attorney Dylan Thayer will present oral argument on behalf of the Army Major, a service member challenging the military’s handling of adverse actions that, he asserts, were imposed without fair process. The appeal raises critical questions about whether military authorities followed proper procedures, applied regulations consistently, and respected the constitutional and statutory rights of those serving in uniform.

This case centers on due process protections for service members, including whether decisions affecting careers and reputations must meet the same standards of fairness that apply in civilian federal employment. The Major contends that military officials relied on procedurally flawed processes and inconsistent regulatory interpretations that denied him a fair opportunity to defend himself.

At stake is not only the future of one service member but also the precedent the Court may set for thousands of others who face similar disciplinary or administrative actions. A ruling from the D.C. Circuit could reaffirm that military regulations must be enforced with integrity, consistency, and respect for constitutional rights.

“This hearing underscores the principle that service members deserve the same fundamental fairness that they sacrifice to protect for others,” said Dylan Thayer, plaintiff’s attorney. “We are asking the Court to ensure that military authorities are held accountable to the rule of law and that no one’s career is jeopardized by arbitrary or inconsistent decisions.”

Oral argument before the D.C. Circuit is a critical stage in the appellate process, where judges directly question counsel to test the strength of legal theories and evaluate how the case fits into established precedent. This hearing provides the Court an opportunity to clarify how far military authorities can go when interpreting regulations, and whether service members are entitled to the same safeguards of fairness expected in all other federal contexts.

The outcome could influence how future adverse actions are reviewed, providing guidance not only to military commands but also to boards of correction, administrative review bodies, and federal courts tasked with evaluating service member rights.

Event Details

  • Case: Andrew Dudt v. Daniel Driscoll (No. 24-5084)
  • Court: U.S. Court of Appeals for the D.C. Circuit
  • Date/Time: Thursday, September 4, 2025, at 9:30 AM (ET)
  • Location: Courtroom 31

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees in high-stakes legal disputes. With a record of litigating precedent-setting cases before military courts, federal agencies, and appellate courts, the firm is committed to ensuring fairness, due process, and justice for those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice.

Two USPHS Officers File Federal Lawsuits Against HHS Secretary and PHS Correction Board Over Promotion Delays

USPHS Justice

Two United States Public Health Service (USPHS) Lieutenant Commanders have filed separate lawsuits in the U.S. District Court for the District of Columbia against Secretary of Health and Human Services Robert F. Kennedy, Jr. and the Board for Correction of PHS Commissioned Corps Records (PHS BFC).

Both officers allege that federal officials unlawfully denied their applications to correct their service records after policy changes extended their eligibility for promotion to Commander (O-5) by several years. Each argues that their cases were never reviewed by a legally required “board of civilians,” as mandated by 10 U.S.C. § 1552 and Public Health Service regulations.

According to the complaints, the PHS BFC improperly delegated decisions to its Executive Secretary, board staff, and HHS Office of General Counsel—bypassing impartial civilian review. The lawsuits assert that these actions were “arbitrary, capricious, and contrary to law,” in violation of the Administrative Procedure Act (APA), 5 U.S.C. § 706 (2)(A).

Both officers, who joined the USPHS with strong service records and early promotions to Lieutenant Commander, claim that the 2024 policy revision to CCI 331.01 unlawfully pushed back their next promotion eligibility to 2029. They seek judicial relief to restore their original 2026 promotion opportunities and recover back pay and allowances.

According to the officer’s attorney Dylan Thayer, “Our clients dedicated themselves to the mission of the Public Health Service, stepping forward in times of crisis and fulfilling their duty with distinction. Yet when they sought fair review of their records, they were denied the very protections Congress guaranteed through impartial civilian oversight. These lawsuits are not just about promotions, they are about accountability, fairness, and ensuring that those who serve our nation receive the justice they are entitled to under the law.”

The lawsuits, filed by the Law Offices of David P. Sheldon, PLLC, highlight broader concerns about fairness, oversight, and due process in military and uniformed service correction boards, which by statute must provide impartial civilian review.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees worldwide in military justice, administrative law, corrections of records, and federal employment disputes. The firm is recognized nationally for defending the rights of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future outcomes.

Meet the Power Team: Linda & LeAnn – Our Legal Superheroes

Super Heroes Linda and LeAnn

At the Law Offices of David P. Sheldon, PLLC, we believe every great law firm has its champions. For us, those champions are none other than Linda Tiller and LeAnn Hendrick—a dynamic duo who bring extraordinary strength, insight, and dedication to our clients. Together, they are the ultimate power team: unstoppable in their pursuit of justice, fearless in the face of challenges, and unwavering in their commitment to excellence.

Linda Tiller: The Strategist

With decades of experience navigating the complexities of federal and military law, Linda has a sharp mind that sees every angle. Known for her meticulous preparation and deep knowledge of procedure, she is the strategist who maps out the battlefield and ensures our clients are always steps ahead. Her superpower? Turning complex legal tangles into clear, winnable strategies.

LeAnn Hendrick: The Advocate

LeAnn brings unmatched energy, compassion, and tenacity to every case. Clients feel her dedication instantly—she listens, she empowers, and she fights as though each client’s cause were her own. Her superpower? Transforming client concerns into powerful advocacy that resonates in the courtroom and beyond.

A Force for Our Clients

When Linda and LeAnn join forces, their talents amplify. They balance precision with passion, intellect with empathy, and strategy with action. Think of them as the Justice League of our firm—protecting the rights of service members, veterans, and federal employees with the courage and determination of true heroes.

At the end of the day, Linda and LeAnn aren’t just part of our team—they are the shield and the sword for our clients. Their combined strength makes us proud to say:

L & L: We Get the Job Done!