Army Veteran Seeks Purple Heart, Combat Action Badge, and Medical Retirement in High-Stakes Legal Remand

A decorated Army sergeant wounded in combat and medically separated with only partial recognition of his injuries is seeking long-overdue justice through a remand application now before the Army Board for Correction of Military Records (ABCMR). The veteran, who served two combat tours during Operation Iraqi Freedom, has petitioned for the correction of his military records to include a full medical retirement, retroactive award of the Purple Heart and Combat Action Badge, and all associated benefits.

The filing follows a recent Order by the United States District Court for the District of Columbia, which, on May 6, 2025, remanded the sergeant’s case back to the ABCMR for reconsideration. The Court acted on a joint motion between the veteran and the Secretary of the Army, acknowledging serious questions about the Army’s prior denials of relief.

Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the veteran argues that the Army failed to recognize or adequately rate multiple combat-related injuries, despite clear evidence of wounds sustained during enemy engagements, traumatic brain injuries (TBI), post-traumatic stress disorder (PTSD), and exposure to toxic burn pits.

“This remand is not just an opportunity to revisit the record, it’s a second chance to deliver long-denied recognition and justice to a soldier who risked everything for his country,” said Thayer. “The failure to properly document and award combat-related injuries continues to be a systemic issue that disproportionately affects those who served in high-risk environments without the benefit of thorough or consistent record-keeping.”

The veteran’s petition details incidents including a stabbing by an Iraqi combatant, repeated blast exposures, and a severe knee injury, as well as psychological trauma documented by the Department of Veterans Affairs as service-connected. Despite these facts, the veteran received only a 10% disability rating upon separation and was denied the awards that would typically accompany such injuries under Army Regulation 600-8-22.

The filing also invokes the “liberal consideration” standard under 10 U.S.C. § 1552(h), which requires that claims involving PTSD or TBI related to combat be reviewed with deference to the service member’s experience and credible evidence.

Thayer added, “If this veteran had remained with his original unit a few months longer, he likely would have received the Combat Action Badge when it was retroactively issued. The only thing that separated him from eligibility was paperwork, not merit or service.”

The ABCMR is now tasked with reconsidering the veteran’s application in light of the Court’s order, new medical evidence, and expert findings. A favorable ruling could result in back pay, a corrected discharge status, and permanent disability retirement, a rare but vital remedy for service members whose sacrifices have been overlooked.

 

 

About the Law Offices of David P. Sheldon, PLLC
Located in Washington, DC, the Law Offices of David P. Sheldon, PLLC is a nationally recognized law firm specializing in military and federal employment law. The firm has successfully represented service members, veterans, and federal employees across all branches of the armed forces in matters involving courts-martial, security clearance appeals, military record corrections, medical retirement, and whistleblower protections. With decades of experience and a reputation for aggressive and principled advocacy, the firm is committed to defending the constitutional and statutory rights of those who serve.

Law Offices of David P. Sheldon, PLLC
(202) 546-9575
lhttps://militarydefense.com

 

DISCLAIMER:
This press release is for informational purposes only and does not constitute legal advice. The Law Offices of David P. Sheldon, PLLC does not represent the individual named in the remand application unless otherwise stated. Statements made herein are based on publicly filed legal documents and do not reveal confidential client information.

 

Veteran Files Federal Lawsuit to Correct Military Records for Denial of Earned Combat Honors and Benefits

Veteran Challenges Army’s Denial of Earned Honors and Benefits in Federal Court

Washington, D.C. – The Law Offices of David P. Sheldon, P.L.L.C., announced today that a federal lawsuit has been filed challenging the Army Board for the Correction of Military Records’ refusal to award a decorated U.S. Army veteran full medical retirement, back pay, and well-earned honors for combat service. Attorney Dylan Thayer, of the Washington, D.C.-based firm, is representing the plaintiff in this case, which seeks to correct unjust decisions made regarding his military record and disability benefits.

The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that the Army improperly denied the plaintiff the Combat Action Badge and the Purple Heart, despite clear evidence of combat injuries and engagement with enemy forces. The legal action also challenges the Army’s decision to discharge the plaintiff with a partial disability severance rather than granting full medical retirement.

“Our client has given years of honorable service to his country and has suffered significant, documented combat injuries,” said Dylan Thayer. “The Army Board’s refusal to grant him the recognition and compensation he rightfully deserves is both unjust and inconsistent with the law. This lawsuit seeks to correct these wrongs and ensure that his sacrifices are properly honored.”

The complaint asserts that the Army’s denial was arbitrary, capricious, and contrary to military regulations. Despite overwhelming medical and service records supporting the plaintiff’s claims, the Board refused to amend his records or provide the benefits to which he is entitled.

“The Army’s decision contradicts its own regulations and policies,” said Thayer. “We are confident that the court will recognize the injustice in this case and direct the Army to rectify these errors.”

This lawsuit is part of a broader effort by The Law Offices of David P. Sheldon to advocate for veterans who have been denied benefits through wrongful injustices and denial of the law.

For further information or media inquiries, please contact:

Law Offices of David P. Sheldon, P.L.L.C.
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: 202-546-9575
militarydefense.com

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.