Tag: cadet rights

Appeal Challenges Air Force ROTC Disenrollment Decision—Firm Argues Due Process and Fairness Violated

Posted on by Becky Haugen

The Law Offices of David P. Sheldon, PLLC has filed an appeal challenging the Air Force Reserve Officer Training Corps’ (AFROTC) decision to disenroll a cadet just weeks before his commissioning. The appeal, submitted to the Commander of the Air Force ROTC, calls for reinstatement and correction of the record, citing significant procedural flaws and violations of fairness and due-process principles.

According to the appeal, the former cadet, a first-generation American, had earned a Type II scholarship, served as a Scholastic Officer and head of the Cadet Leadership Council, and was selected to become a Remotely Piloted Aircraft (RPA) Pilot before his disenrollment in 2024.

The appeal contends that the disenrollment rested on a mischaracterization of events, including an arrest that was later expunged by court order and a minor physical-fitness-test irregularity that the cadet immediately self-reported and retested. The filing argues that Air Force regulations and constitutional standards require decisions to be based on final adjudications, not unproven allegations, and that the cadet’s expunged record cannot lawfully serve as grounds for career-ending action.

Citing Department of the Air Force Manual 36-2032 and AFROTC Instruction 36-2017, the appeal asserts that commanders are improperly instructed to act on “original events” rather than judicial outcomes, contradicting the presumption of innocence guaranteed by the Fifth, Sixth, and Fourteenth Amendments. The filing further notes that the cadet’s alleged “breach of contract” for failing to commission in the intended fiscal year was due to court delays outside his control, not misconduct.

Supporting letters from senior officers, describe the cadet as an honest, resilient leader who has demonstrated rehabilitation, faith, and renewed commitment to service.

“Every cadet deserves a fair, fact-based evaluation, not a lifetime penalty for a record the courts have cleared,” said David P. Sheldon, lead counsel on the appeal. “This case is about restoring integrity to the ROTC process and ensuring that deserving young Americans are not barred from serving their country because of bureaucratic error.”

The appeal requests full reinstatement into the AFROTC program or, alternatively, a correction of the official DD Form 785 to allow the cadet future eligibility for Officer Training School.

ABOUT THE LAW OFFICES OF DAVID P. SHELDON, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon represents service members, cadets, and federal employees in military and administrative law matters worldwide. The firm has built a national reputation for defending the rights and careers of those who serve.

DISCLAIMER

This press release is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and applicable law. Reading this release does not create an attorney-client relationship. Individuals facing ROTC disenrollment or similar administrative action should consult qualified counsel for legal guidance regarding their particular circumstances.

 

A Cadet’s Leadership, Not Misconduct, Should Define His Future

Posted on by Becky Haugen

A promising Air Force Academy cadet, just steps away from graduating and becoming a commissioned officer, now faces a 10-month probation that could unfairly derail his military career. The Law Offices of David P. Sheldon, PLLC, has formally petitioned the Superintendent of the U.S. Air Force Academy to reduce the punishment, arguing the penalty is unjust and disproportionate.

The cadet, a senior and leader on the Air Force Academy’s varsity soccer team, did not commit a crime or violate Air Force regulations. He was not accused of physical misconduct, nor did he participate in the behavior that prompted a larger investigation into team traditions. Instead, his only alleged offense was being present during horseplay that was longstanding, widely accepted, and even condoned by coaches and senior cadets.

Despite this, he has been grouped with others who faced far more serious allegations, including abusive conduct, indecent acts and is now facing the same punishment.

“This cadet followed the example set by coaches, upperclassmen, and the very culture the Academy allowed to persist for years,” said Attorney David P. Sheldon. “To hold him equally accountable for something he didn’t do and wasn’t expected to report under military law is not only unfair, it sends a dangerous message to future leaders.”

Notably, multiple witnesses, including the cadet allegedly impacted by the incident, attested that no misconduct occurred and that the environment allowed cadets to speak up if they were uncomfortable. When interviewed, one of his teammates said “the cadet was always respectful, he made sure I was okay. I trust him and would serve under him without hesitation.”

If the 10-month probation stands, this cadet will lose thousands in military pay, miss his scheduled pilot training, and fall behind in career advancement, all despite his high performance, a clean record, and full cooperation with investigators.

The legal brief highlights inconsistencies in past disciplinary actions at the Academy, citing other cadets who committed serious misconduct, yet were allowed to graduate and commission. The firm’s request calls on the Air Force Academy to recognize that this young man’s actions do not warrant a punishment that could define his career forever.

 

About The Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon is a nationally recognized firm based in Washington, D.C., representing military service members and federal employees across the globe. With decades of experience in military justice and administrative law, the firm advocates for the rights of those who serve—and ensures due process is not just a promise, but a guarantee.

 

Legal Disclaimer
This press release is for informational purposes only and does not constitute legal advice. The outcome of any legal matter depends on the unique circumstances of each case.