Military Law

Many types of administrative investigations can lead to disciplinary action, or even criminal investigation, if an allegation of misconduct is substantiated.

This is particularly true of administrative investigations into allegations of adultery, fraternization, “inappropriate relationships,” sexual harassment, hazing, discrimination, “toxic leadership,” or reprisal.

Learn more about Administrative Investigations

An administrative reprimand placed in your permanent personnel file can mean the end of your career, and while administrative reprimands have significant consequences for your career, you have very few due process rights and very short deadlines for rebuttals, usually about a week.

Learn more about Administrative Reprimands

Involuntary administrative separation/show cause boards/boards of inquiry – while you won’t face the possibility of conviction or confinement, you will face the possibility of being fired from the military and separated with an Honorable, General Under Honorable Conditions, or Other Than Honorable discharge, which can result in the loss of benefits.

Learn more about Administrative Separation Boards

Adverse administrative actions can be career-ending events. The attorneys at the Law Offices of David P. Sheldon, PLLC provide knowledgeable, experienced, strategic legal representation in every legal issue a servicemember may face whether it’s a Letter of Reprimand, a Physical Evaluation Board or a revocation of a security clearance. We know how to litigate these cases and win.

Learn more about Adverse Administrative Actions and Appeals

A service member who believes he or she has been wronged by a commanding officer has a legal right to complain about the commander’s conduct and request that the offending conduct cease or be corrected.

Depending on the nature of the complaint and the availability of other remedies, a service member may file a complaint under Article 138 of the Uniform Code of Military Justice.

Learn more about Article 138 Complaints

Sometimes mistakes are made in documenting your military record. Sometimes there are injustices in your military record. Both can prevent you from receiving the benefits you deserve. Your service’s BCMR has the ability to correct these mistakes and injustices.

Learn more about BCMR

You have been convicted, is all hope lost? Not in a million years. David Sheldon and the attorneys of the firm are among the very best appellate advocates in the country. Mr. Sheldon has prevailed for his clients in the Supreme Court of the United States, has won two Texas death penalty cases in the Fifth Circuit, and has a 30-year history of obtaining the very best results for the firm’s clients in appellate courts throughout the country.

A court-martial appeal is not a Hail Mary pass to win the game, that’s not how you win on appeal. You need a team of lawyers (working with the firm’s outstanding counsel and capable military appellate attorneys) who can identify the issues that will win and then bring home the very best legal arguments. That is our mission; and we will do our very best to ensure that a convincing, winning argument is presented. It may seem like all hope is lost after a verdict has come down, but the fight is far from over.

Learn more about Courts-Martial Appeals

When you are facing the serious charges that come with criminal investigations and a court martial, you need the very best advocate. After all, your reputation, career, your family’s well-being, everything you have worked for is in jeopardy. But you don’t just need a gifted maverick, you need someone that can build a defense team, someone who knows how to litigate complex cases.

David. Sheldon have won countless high-profile cases by building a team of lawyers (utilizing the firm’s outstanding attorneys and military lawyers) as well as forensic experts. That type of team building wins cases. It’s not enough to have one person when everything you have worked for lies in the balance.

We can help you if you’re facing a court-martial, including general court-martial, special court-martial, or summary court-martial.

Learn more about Court-Martial

When you are suspected of committing a crime by a military law enforcement agency, you may be tempted to give a statement, thinking the investigators will accept your explanation and drop the case.

It does not matter if you are innocent. Talking to a criminal investigator without the benefit of counsel is one of the worst mistakes you can ever make!

Anything you say, whether orally or in writing, can be used against you. Even if no disciplinary action results from the criminal investigation, a determination that you “probably” committed a crime will result in you being “titled.”

Learn more about Criminal Investigations

When separating from the military, it is vital that the reason for separation and your characterization of military service be accurately reflected on your DD 214 (Certificate of Release or Discharge from Active Duty).

If you believe either the reason for separation or characterization of service is incorrect, you can apply to your service’s DRB for a review of your case.

Learn more about Discharge Review Boards

Particularly for service members preparing to retire, almost any record of substantiated misconduct in your personnel file will be reviewed by a grade determination board.

Learn more about Grade Determination Boards

Nonjudicial proceedings are covered by Article 15, Uniform Code of Military Justice, and are frequently referred to as Article 15, Captain’s Mast, or NJP. If you are being offered nonjudicial punishment, you must take it seriously. While a guilty finding will not result in a conviction, you could be punished with extra duty, forfeiture of pay, reduction in rank, and restrictions on your freedom of movement.

Learn more about Nonjudicial Punishment

Military service is grueling. Multiple deployments, physical training requirements, and the demands of serving your country take a toll on the body and mind. Eventually, the wear and tear on your body and mind can call into question your fitness for continued service. In the normal course of things, a sick or injured service member is placed first on light or no duty. If the condition persists, it can lead to formal medical discharge processing through either the MEB and/or the PEB process. If you are going through and MEB or PEB you need the best legal help you can get to determine what you should do.

Learn more about Physical Evaluation Boards

Senior enlisted personnel and most officers are subject to additional scrutiny of their personnel files when selected for promotion.

Learn more about Promotion Review Boards

ROTC and Academy cadets may be “disenrolled,” or removed from enrollment, for misconduct, poor academic performance, honor code violations and other reasons. The procedures that must be followed differ according to the military department involved.

In all cases, the cadet is investigated and is allowed to challenge his or her disenrollment through restricted hearing procedures. For Academy cadets charged with honor code violations, it is normal for a hearing to be held before an Honor Board.

Learn more about ROTC Disenrollment

Don’t face a security clearance denial or revocation alone. Let an experienced attorney guide you through the process.

Failure to obtain or losing a severity clearance can be devastating since the clearance is usually essential to employment and advancement. Before a clearance is denied or revoked, the adjudicator sends notice to the applicant or holder of the clearance in the form of a Letter of Intent (LOI). The LOI contains an enclosure called the Statement of Reasons (SOR) that enumerates the specific reasons for the proposed adverse action on the clearance. For a favorable outcome, the respondent must address each item on the SOR to the satisfaction of the adjudicator.

Learn more about Security Clearances