On Monday, January 9, 2023, the Law Offices of David P. Sheldon won an Army Board for Correction of Military Records (“ABCMR”) case to have our client’s records corrected by the Department of the Army and his promotion awarded. The firm was able to obtain the relief less than six months from being retained.
This case involved adverse findings of an Army Regulation 15-6 investigation that were later unfounded by “clear and convincing evidence” and thus did not meet the definition of “reportable information.” Even after this finding and an ABCMR order to correct the records, the Department of the Army failed to correct and grant the requested relief.
The Law Offices of David P. Sheldon worked tirelessly to correct this injustice by requiring the Department of the Army to give our client the remedy he deserved and prevent any further undue hardship. After years of being stonewalled by the Department of the Army, our client finally received his order to correct his records and promotion from Lieutenant Colonel to Colonel.
The Law Offices of David P. Sheldon again thanks our client and the Department of Justice for helping to right this injustice. Specifically, we wish to express appreciation to our client for allowing the Law Offices of David P. Sheldon to advocate on your behalf and help reconcile significant relief in the correction of records, affirmation of promotion and related benefits.
Press Release: Nell v. Wormuth et al.
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Read the complaint here.
The Law Offices of David P. Sheldon File Federal Complaint on Behalf of Wrongfully Accused Army Reserve Colonel
On December 10, 2021, the Law Offices of David P. Sheldon filed a federal complaint opening the matter of Nell v. Wormuth, et al. in the District Court for the District of Columbia. Army Reserve Colonel Karl Nell was falsely accused of whistleblower retaliation by a vindictive subordinate, who was seeking to avoid consequences for their failure to perform their duties and their attempts to sabotage Col. Nell’s reform efforts for a badly under performing unit. These false accusations were found substantiated by the Department of the Army Investigator General, despite two different investigating officers expressing deep concerns about the accuser’s truthfulness. Despite Col. Nell demonstrating the factual errors in the investigation report no less than seven times to both the Army Board for the Correction of Military Records and the Department of the Army I.G., these findings were repeatedly upheld. In its last decision, the ABCMR went so far as to hold that nonbinding commentary overrode its statutory authority to set aside IG findings.
Having been repeatedly stonewalled by the Department of Defense institutions tasked with correcting errors or injustice, Col. Nell came to the firm in April of 2021 to clear his good name of these wrongful findings. Now, the path to relief for him has begun with the filing of the federal complaint. The firm will be moving for partial summary judgment shortly, in order to set aside the ABCMR’s completely unsupported final decision, which was in blatant violation of its own foundational statute.