Complaint Highlights Navy’s Disparate Treatment and Violations of Federal Law
Decorated Navy Officer Sues United States for Age Discrimination and Breach of Military Retirement Promises
Complaint Highlights Navy’s Disparate Treatment and Violations of Federal Law
Washington, D.C. — A decorated senior Navy officer has filed a lawsuit against the United States, alleging that the Navy unlawfully discharged him based solely on his age and denied him the prorated retirement benefits he was promised. The complaint, lodged in the U.S. Court of Federal Claims, contends that the Navy violated multiple federal laws and applied inconsistent retirement policies, resulting in the abrupt termination of the officer’s 13-year military career.
The officer, represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC asserts that he relied on direct assurances from Navy personnel that he would qualify for prorated retirement benefits if he served until age 62. However, when he reached the agreed-upon retirement age, the Navy discharged him without benefits, citing amended policies applied retroactively to his detriment.
“Military personnel rely on clear, consistent policies when making life-altering career decisions,” said attorney Dylan Thayer. “Our client chose to continue serving based on assurances from the Navy. The reversal of those commitments, through retroactive application of policy changes, is not only unjust but legally indefensible.”
Legal Violations Cited
The complaint alleges several federal legal violations, including:
- Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 633a(a)), which requires that personnel actions affecting federal employees over age 40 be free from age bias. Read the statute
- Military Pay Act (37 U.S.C. § 204(a)(1)), which mandates proper pay for military service members based on rank and years of service. Read the statute
- Tucker Act (28 U.S.C. § 1491), authorizing claims for monetary relief when federal agencies violate contractual or statutory obligations. Read the statute
The lawsuit also highlights the Navy’s retroactive application of changes to 10 U.S.C. § 1251, governing mandatory retirement. The officer was counseled under the original law, which guaranteed retirement at age 62 with prorated benefits. Amendments made in 2021, years after his service began, eliminated that protection. Read the statute
The lawsuit seeks:
- Full back pay from the date of discharge
- Reinstatement to active duty without age-based disqualification
- Restoration of retirement benefits
- Attorney’s fees and costs under the Equal Access to Justice Act (28 U.S.C. § 2412). Read the statute
A Case with National Implications
This case raises broader questions about how the military updates policies affecting retirement and whether retroactive application can undermine service members’ legal and financial expectations.
“If the military can change the rules mid-career and apply them retroactively, no service member can be assured of receiving the benefits they were promised,” Thayer concluded.
About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon, PLLC, located in Washington, D.C., is a nationally recognized firm specializing in military and federal litigation. The firm represents service members and federal employees in retirement disputes, discharge cases, courts-martial, and age and disability discrimination claims. Its attorneys are committed to upholding the rights of those who serve the nation.
Contact:
The Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Tel: 202.546.9575
www.militarydefense.com
Disclaimer
This press release is provided for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship. Individuals seeking legal advice should consult qualified counsel.