Category: USPHS

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

Posted on by Becky Haugen

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.

USPHS Commander Seeks Correction of Records After Disputed Reprimand and Denial of Relief by Surgeon General

Posted on by Becky Haugen

A U.S. Public Health Service (USPHS) Commander is fighting to restore the officer’s reputation and career following a reprimand, contending it was unjust, retaliatory, and issued outside the bounds of lawful authority. The case, filed with the Board for Correction of Public Health Service Commissioned Corps Records (BCMR), argues that the Letter of Reprimand (LOR) issued in October 2023, was procedurally and legally flawed.

Represented by attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the Commander’s filing asserts that the LOR was issued not only in violation of Commissioned Corps policy (CCI 211.04 and CCI 211.07) but was also motivated by retaliation after the officer raised concerns about understaffing and promotion irregularities within the Bureau of Health Services at the Eloy Detention Center.

According to the complaint, the officer formally requested relief through the Surgeon General’s redress process, submitting evidence of improper conduct, lack of authority by the issuing official, and violations of due process. But the Surgeon General, VADM Vivek Murthy, ultimately declined to grant relief, stating that “the evidence presented does not demonstrate a violation of law, executive order, regulation, or policy,” nor was the issuance “arbitrary and capricious.”

Attorney Morgan disputes this finding. “The facts clearly show that the reprimand was issued by someone without the lawful authority to do so. It followed weeks of the Commander raising staffing concerns and requesting help. Instead of support, the officer was punished for performing the duties assigned—and that’s precisely why the BCMR exists: to correct these injustices,” said Morgan.

The Commander’s petition to the BCMR requests:

  • Rescission of the LOR;
  • Expungement from the officer’s official record;
  • Restoration of lost specialty pay and backpay; and,
  • Any other equitable relief the Board finds appropriate.

The filing includes legal arguments grounded in the Administrative Procedure Act, Privacy Act, and internal USPHS regulations. The Commander also provided documentation showing that the decisions regarding patient scheduling were consistent with operational policy during a staffing shortfall—not acts of misconduct.

The case represents a broader concern for many USPHS officers navigating opaque disciplinary procedures that can derail careers, especially when whistleblowing or reporting internal issues.

About the Law Offices of David P. Sheldon, PLLC:
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm. With more than two decades of experience, the firm defends service members and federal employees in cases involving courts-martial, administrative separations, security clearances, and record corrections.

Disclaimer:
This release is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes will vary depending on specific facts and circumstances.

A Promising Career Delayed: PHS Officer Seeks Correction After Mischaracterized Interservice Transfer

Posted on by Becky Haugen

A decorated officer in the U.S. Public Health Service (USPHS) Commissioned Corps is seeking a correction to her military records after discovering that years of prior service in the U.S. Army have been excluded from her promotion timeline due to a mischaracterized transfer process. Represented by Attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the officer has filed a formal application to the Board for Correction of PHS Commissioned Corps Records.

This case centers around a troubling bureaucratic failure: despite receiving multiple assurances from PHS officials that her five years of active-duty Army service would be recognized under an interservice transfer, the officer was later told that her commissioning into the PHS was processed as a direct appointment, rendering her previous rank and time in service irrelevant for promotion eligibility.

“When an officer makes career-defining decisions based on guidance from the very institution that recruits them, the burden to correct misinformation should not fall on the officer alone,” said Attorney Thayer. “We are asking for the recognition of service she has already rendered with distinction.”

The officer had served honorably as an Army psychologist and was selected for promotion to Major (O-4) before joining the PHS. She accepted her commission believing her time in service would count toward her next promotion. Only after repeated follow-ups did she discover that her file reflected a promotion eligibility date nearly three years later than expected.

This misclassification has real-world consequences. Without correction, it not only delays her promotion and financial compensation but may also impede future career advancement.

In her role at the Department of Defense, she has excelled by taking on supervisory duties typically assigned to more senior officers, earning a PHS Commendation Medal, and receiving nomination for a prestigious clinician award. Yet her official rank does not reflect this performance, due to what her legal team describes as administrative negligence.

The filing requests her immediate eligibility for promotion to Lieutenant Commander (O-4), retroactive to her accession date, along with corresponding backpay. In the alternative, the officer seeks compensation equal to the accession bonus she would have received had she been correctly classified.

“This case is not just about one officer,” Thayer emphasized. “It’s about setting a precedent to ensure that no service member is penalized for trusting the system. We expect accountability, clarity, and fairness for those who dedicate their lives to service.”

About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, based in Washington, D.C., is a nationally recognized firm that defends the rights of uniformed service members and federal employees. With decades of experience in courts-martial, promotion disputes, medical board appeals, and security clearance litigation, the firm is committed to ensuring justice for those who serve.

Disclaimer:
This press release is for informational purposes only and does not constitute legal advice. Past outcomes do not guarantee future results. For personalized legal assistance, please contact an attorney licensed to practice in your jurisdiction.

 

Public Health Service Physician’s Journey from Ebola Response to Reprimand Spurs Fight for Justice

Posted on by Becky Haugen

A decorated physician in the United States Public Health Service (USPHS) is seeking justice after being reprimanded and denied promotion due to administrative readiness lapses that occurred while he was serving in a civilian residency during the COVID-19 pandemic.

Commissioned since 2012, the officer began his career as a pharmacist before attending medical school at the Uniformed Services University of the Health Sciences (USUHS). His service includes deployment to Liberia during the West African Ebola outbreak, where he contributed to the nation’s public health mission on the front lines of a global crisis. After graduating from medical school in 2020, he completed a rigorous three-year Family Medicine residency, all while the world faced the strain of a pandemic.

Despite his unwavering commitment, 2023 brought a blow: the Commissioned Corps issued a Letter of Reprimand (LOR) citing failure to maintain readiness requirements. The reprimand was based on administrative errors, missed documentation uploads, not actual medical or physical shortcomings. At the time, the officer was in a non-deployable, civilian training program, under the belief that readiness standards did not apply during residency.

“That period was one of the most intense and formative chapters of my life,” said the physician. “I was balancing pandemic care, 80-hour weeks, and professional growth, believing I was doing everything expected of me to become a better provider for underserved communities.”

Now a board-certified Family Medicine doctor working with the Indian Health Service, he faces long-term career consequences. Because of the reprimand, he was removed from promotion eligibility through 2027 and threatened with involuntary separation unless he resigned. Resignation would trigger a penalty under his Commissioned Service Obligation, costing him an estimated 1 million dollars.

His request for correction, now under review by the Board for Correction of USPHS Records, seeks to remove the reprimand, restore promotion eligibility, and grant back pay. The argument is clear: USPHS policy does not apply readiness standards to officers in training, and the reprimand represents both a legal error and a deep injustice.

Represented by Senior Military Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the physician has laid out a strong case for administrative relief, supported by internal correspondence, legal precedent, and a consistent record of exemplary service.

“This isn’t about evading responsibility, it’s about recognizing when rules are misapplied and good service members are unfairly penalized,” said the officer. “I’m still here, still serving, and still committed. I just want the chance to do so without this shadow over my record.”

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 representing military and federal personnel in correction of records, promotion denials, discharge upgrades, and other matters of military justice and administrative law.

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.

Veteran USPHS Officer Challenges Unlawful Denial of Career-Defining Benefits in Federal Court

Posted on by Becky Haugen

A decorated officer of the United States Public Health Service (USPHS), with over three decades of distinguished service across multiple branches of the U.S. Armed Forces, has filed a federal lawsuit alleging that bureaucratic failures and unlawful actions within the Department of Health and Human Services unjustly derailed his career, denied him a well-earned promotion to the rank of Captain, and significantly reduced his retirement benefits.

The legal action, filed today in the U.S. District Court for the District of Columbia, seeks judicial review of the USPHS Board for Correction’s refusal to credit six months of volunteer hospice work toward the officer’s Training and Education (TED) credit, a critical factor in determining initial rank, career trajectory, and eligibility for timely promotion. Despite multiple requests dating back to 2005 and a detailed appeal filed in 2022, the Board rejected his application as “untimely” and unsupported, ignoring compelling new evidence and legal arguments. His reconsideration request was also summarily denied in less than 24 hours by a contractor who lacked legal authority to issue such a decision.

“This is a case of clear legal error compounded by procedural miscues,” said Dylan Thayer, lead counsel from the Law Offices of David P. Sheldon, PLLC, based in Washington, D.C. “Our client was misinformed by USPHS officials at the time of his recommissioning. Because of that bad advice, he was brought in at too low a rank, which permanently altered his promotion timeline and ultimately cost him a Captain’s commission. To make matters worse, the agency then ignored its own precedent, denied reconsideration through improper channels, and turned a blind eye to its own regulations.”

The plaintiff, who served in the Navy, Army National Guard, and USPHS, had consistently received superior performance evaluations and was nominated for commendations, including for his role in responding to the COVID-19 pandemic. His lawsuit cites violations of federal administrative law, including the Administrative Procedure Act (5 U.S.C. § 706), and challenges the Board’s refusal to even consider the similarities between his case and a prior Board ruling (PHS BCMR Case No. 18-005) in which another officer was granted full TED credit under nearly identical circumstances.

“This isn’t just about one officer’s career,” Thayer emphasized. “It’s about ensuring that our federal service members are treated fairly, that their records reflect their actual contributions, and that agencies follow the law instead of arbitrarily denying benefits based on flawed or biased processes.”

If successful, the case could result in the officer’s record being corrected to reflect the higher TED credit, a retroactive promotion to Captain, and significant backpay and increased retirement benefits. The implications may also extend to other current and former USPHS officers who were misadvised or administratively mishandled.

About the Law Offices of David P. Sheldon, PLLC

Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a nationally recognized law firm specializing in military and federal employment law. The firm represents service members, veterans, and federal employees in matters involving military justice, promotions, disability and retirement benefits, and wrongful termination.

 

Disclaimer

This press release is issued by the Law Offices of David P. Sheldon, PLLC, and is intended for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship.

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

When Safe Harbor Isn’t Safe—And the Cost Is More Than Just a Career

Posted on by Becky Haugen

Broken Ranks: How Premature Discharges Are Stripping Armed and Unarmed Service Members of Their Rightful Benefits

Promise Undone

For every military officer or enlisted member, there is a finish line, commonly known as “safe harbor,” that represents not just years of service, but stability, dignity, and the promise of earned retirement. In federal terms, this often means reaching 18 to 20 years of service, at which point a service member becomes eligible for retirement benefits.

But that finish line is increasingly being moved or removed entirely.

From uniformed members of the Army, Navy, Air Force, Marines, and Coast Guard to their non-armed counterparts in the U.S. Public Health Service (USPHS) and NOAA Corps, stories are mounting: individuals relieved from duty without cause, stripped of retirement eligibility, and erased from service records before they can cross that critical threshold. The implications are not just administrative, they’re deeply human.

Who Is Protected—and Who’s Being Pushed Out?

Under the law, all uniformed service members fall under the same protective umbrella. The Servicemembers Civil Relief Act (SCRA) codified at 50 U.S. Code § 3911 explicitly includes:

“Members of the uniformed services, including the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.”

That means USPHS officers, many of whom served at the frontlines of public health crises like COVID-19 and monkeypox, and NOAA Corps officers, who support national environmental and security missions, are legally entitled to protections traditionally associated with the military. These include:

  • Relief from civil actions during active duty
  • Cap on loan interest rates
  • Protection from eviction and foreclosure
  • Termination rights for leases and contracts

What’s missing, however, is enforcement when administrative leadership decides arbitrarily or strategically to relieve someone just before they reach safe harbor.

Systemic Failures, Human Loss

Consider the case of Major Coleman, a reservist who was administratively separated just shy of retirement eligibility. Despite a formal acknowledgment from the Air Force Board for the Correction of Military Records that an error occurred, Coleman has not been reinstated. The result? A lifetime of military service erased: no pension, no benefits, no honor.

Cases like Coleman’s are not isolated. Reports of officers and senior enlisted personnel being denied reenlistment or separated without clear cause are becoming more frequent across services.

In 2025, the Department of Defense came under scrutiny when Defense Secretary Pete Hegseth announced a major initiative to reduce senior officer positions under the banner “Less Generals, More GIs.” This reorganization aims to eliminate more than 120 general and flag officer positions, including active duty and National Guard billets, as part of a broader force restructuring (AP News, May 2025). Critics warn that such cuts could disproportionately impact those nearing retirement eligibility, particularly in the Army Reserve and National Guard, raising legal and ethical questions about whether such reductions are also being used to avoid future pension liabilities.

The Silent Impact on Unarmed Services

While headlines often focus on armed service members, unarmed uniformed personnel, like those in USPHS and NOAA Corps face similar risks with even less public scrutiny. These officers aren’t typically governed by the Uniform Code of Military Justice (UCMJ), but are subject to involuntary separations for administrative reasons, including political shifts or agency restructurings.

Several Public Health Service officers who served during the pandemic have reported being placed on sudden administrative leave or being removed from leadership roles in the months leading up to eligibility for 20-year retirement, a devastating blow given the high-risk conditions under which many serve.

A Pattern Across Administrations

While these actions have become more visible under the current administration due to RIF orders and force realignment, they are not new. Both Democratic and Republican administrations have used quiet reductions to shrink federal spending or shift agency priorities. What is new is the volume and the precision with which these discharges are timed, often to occur just before retirement eligibility.

These moves are not just about dollars; they represent a betrayal of trust.

A Legal Fight Worth Having

The Law Offices of David P. Sheldon, PLLC, in Washington, DC specializing in military and federal employment law, represent numerous clients caught in this administrative crossfire. “We’re seeing a rise in unlawful terminations under the guise of restructuring,” Sheldon says. “It’s one thing to reform an agency or branch, it’s another to intentionally cut a service member short of the finish line.”

Sheldon emphasizes that these cases are winnable, but only if service members act quickly, document everything, and pursue appeals through Boards for Correction of Military or Naval Records or via litigation in federal court.

What’s at Stake

  • Financial Security: Loss of retirement income and health care for life.
  • Reputation: Discharges close to retirement are often perceived as disciplinary—even when they are administrative.
  • Mental Health: Service members describe feeling “discarded,” “betrayed,” and “humiliated” after decades of service.

Holding the Line

Safe harbor isn’t a loophole. It’s a promise made to every uniformed service member, armed or unarmed, that their dedication will be honored with dignity, not dismissed with a discharge memo days before eligibility. As more stories come to light, it’s incumbent on Congress, the media, and the public to scrutinize why these discharges are happening and who benefits from denying long-serving members their due.

Because the integrity of our institutions depends not just on those who serve, but on how we treat them when they are no longer needed.

 References & Resources

Disclaimer
The information contained in this release is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Legal Victory for USPHS Commander Denied DOJ Representation

Posted on by Becky Haugen

WASHINGTON, D.C. (April 14, 2025) – The Law Offices of David P. Sheldon, PLLC, a Washington, D.C.-based military and federal employment law firm, announces the successful resolution of a significant case involving a United States Public Health Service (USPHS) Commander who was personally sued for actions taken in the course of his federal duties.

The Commander had signed a lease agreement for a warehouse in furtherance of a government mission. Despite the agency’s approval and continued payment of the lease by the government for over two years, the agency later vacated the property and ceased payments. The property owner filed a personal lawsuit against the Commander in state court.

When the Commander requested legal representation from the Department of Justice (DOJ) under 28 C.F.R. § 50.15, the request was never acted upon. Without the representation to which he was entitled, the Commander was left to defend himself in court and was ultimately held liable.

With legal representation by Dylan Thayer of the Law Offices of David P. Sheldon, the Commander filed suit in the United States Court of Federal Claims, asserting the government’s failure to follow required procedures. The case was ultimately resolved through a negotiated settlement, and the matter was dismissed with prejudice, bringing long-overdue closure for the officer and reinforcing the protections owed to federal personnel.

“This case reflects the real-world consequences federal employees face when agencies don’t fulfill their legal obligations,” said attorney Dylan Thayer. “We’re honored to have helped this Commander secure justice.”

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, PLLC, located in Washington, D.C., defends military service members and federal employees nationwide in both civil and criminal matters. The firm has decades of experience handling courts-martial, administrative boards, security clearance cases, and high-stakes federal litigation. Its attorneys are committed to safeguarding the rights of those who serve.

Contact Us:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600
Washington, DC 20003
202-546-9575
MilitaryDefense.com

 

Disclaimer:
This press release is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Each case is unique and results may vary depending on specific facts and legal circumstances.

 

 

Honoring Service: Legal Team Wins Medical Retirement for Dedicated USPHS Officer

Posted on by Becky Haugen

April 4, 2025

Senior Public Health Service Officer Secures Medical Retirement with Legal Representation from the Law Offices of David P. Sheldon

WASHINGTON, D.C. — A senior officer in the U.S. Public Health Service (USPHS) Commissioned Corps has successfully obtained a medical retirement following an in-depth review by the Medical Review Board and final approval by the Office of the Surgeon General. The officer was represented by Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon, PLLC.

The officer served the nation with distinction for more than a decade, including frontline deployments during public health emergencies. Despite a history of exceptional service, the officer developed service-connected medical conditions that rendered continued service untenable. After a thorough review, the Medical Review Board recommended permanent medical retirement, which was approved with an effective retirement date.

Annie Morgan, the officer’s legal representative, praised the outcome:

“This result reflects both the strength of our client’s record and the importance of advocating for the rights of officers who can no longer serve due to medical conditions that they incurred while in service. We’re proud to stand beside those who’ve sacrificed their health in service to this country.”

This case marks yet another success for the Law Offices of David P. Sheldon, which is nationally recognized for representing USPHS members, service members, officers, and federal employees in complex legal and administrative matters, including medical retirement, disability evaluation, courts-martial, and correction of military records.

About the Law Offices of David P. Sheldon

Located in Washington, D.C., the Law Offices of David P. Sheldon is a premier military law firm dedicated to defending the rights of U.S. service members and federal employees across all branches and uniformed services. The firm specializes in military justice, administrative law, disability and retirement proceedings, and appeals before military and federal courts. Led by founding attorney David P. Sheldon and supported by a team of seasoned litigators, the firm brings decades of experience and an unwavering commitment to justice.

Contact:

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

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 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.

 

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.