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.