Commissioning Restored: Legal Advocacy Secures Future for Disenrolled ROTC Cadet

When a promising ROTC cadet faced sudden disenrollment just days before his scheduled commissioning and college graduation, it nearly derailed years of dedication, training, and commitment to military service. But with the support of his family and the swift intervention of the Law Offices of David P. Sheldon PLLC, justice prevailed.

This case, led by Attorney David P. Sheldon, is a reminder of the stakes involved when ROTC disenrollment actions occur without a full and fair understanding of the facts. And more importantly, it demonstrates how legal support can make the difference between a lost opportunity and a restored future.

“The Law Office of David Sheldon is nothing short of responsive, professional, and deeply committed when it comes to representing their clients,” shared the cadet’s mother. “Thanks to Mr. Sheldon and his team, our son was given back his chance to serve.”

A Misjudged Moment with Major Consequences

The cadet had a long-standing record of strong academic performance, demonstrated leadership, and unwavering commitment to his service branch. However, in the final week before commissioning, a procedural misunderstanding and a misinterpretation of events led his detachment to pursue disenrollment based on concerns that did not reflect his true conduct or character.

Without legal intervention, these types of allegations, especially when raised so close to graduation can lead to devastating outcomes. In this case, the cadet’s future service, graduation standing, and career trajectory were all placed at risk.

“They listened to us, answered every question, and most importantly, they believed in our son when others didn’t,” said the cadet’s mother.

Standing Up for Integrity, Due Process, and Leadership Potential

The Law Offices of David P. Sheldon worked quickly to ensure the cadet’s record and intentions were accurately represented. Through a combination of legal advocacy, supporting testimony, and thorough documentation, the firm ensured that his conduct was reviewed in full context.

Multiple community members and mentors provided strong character references, attesting to the cadet’s fitness for service and his long-standing desire to serve his country. These efforts helped create a balanced view that ultimately enabled ROTC leadership to revisit their decision.

“This was never about just fixing a mistake,” said Attorney David P. Sheldon. “It was about ensuring that a capable and committed future officer was not denied his rightful opportunity to serve based on an incomplete or unfair process.”

The Outcome: Commissioning Achieved, Future Secured

Although the cadet was unable to commission on his originally scheduled date, the firm’s legal efforts led to a reversal within 48 hours. He officially entered active duty just days later and now serves proudly in the U.S. Air Force.

This case stands as a powerful reminder: disenrollment decisions—especially those made under pressure or without full context—must be carefully examined. Cadets and their families should know that they have the right to contest those decisions, and that competent legal counsel can make all the difference.

“Justice was served,” the family shared. “Thanks to this team, our son is fulfilling his dream and wearing the uniform with pride.”

Air Force Rescinds Family Days: Why Staying Current with Policy Matters More Than Ever

As of April 9, 2025, the U.S. Air Force officially rescinded its standardized Family Days policy, giving unit commanders broader discretion in determining when time off can be granted. While this change may seem administrative, it underscores a critical legal point: discretionary leave is not entitlement and misunderstanding that distinction can put your career at risk.

Discretionary Time vs. Enforceable Policy

Discretionary leave, such as Family Days, has always been subject to command approval and operational needs. The rescinded policy clarifies that such days are no longer assumed or scheduled service wide. Commanders now tailor off-duty time based on local mission demands, which means past practices do not guarantee future time off.

This shift has serious implications for accountability and accurate time reporting. Service members must be vigilant in confirming their current leave status. Assuming time off is authorized based on outdated calendars or informal expectations can lead to misreporting service, potentially opening the door to administrative action or punitive measures.

When Misunderstanding Becomes Misconduct

There have been cases where discretionary time, once understood to be granted, was later deemed unauthorized under a revised interpretation or policy. In such cases, a service member who inaccurately reports duty status, intentionally or not, can be exposed to disciplinary proceedings, including loss of rank, benefits, or even separation from service.

These outcomes underscore a fundamental point in military law: policy is enforceable only as it currently stands and not as it was previously applied. Even well-meaning errors in understanding leave authorization can be construed as dereliction or falsification under the UCMJ if the service member fails to follow proper verification procedures.

What You Should Do

  1. Confirm Leave Approval – Always ensure leave is documented and approved through official channels.
  2. Stay Informed – Monitor command communications and policy updates through verified sources.
  3. Document Everything – Keep written confirmation of any discretionary time granted by your command.
  4. Seek Legal Guidance – If your leave status is in dispute or you’re facing administrative action, consult with a qualified military defense attorney immediately.

At The Law Offices of David P. Sheldon, PLLC, we have successfully defended service members facing complex and high-stakes administrative and disciplinary actions. We understand the nuances of military policy changes and how they impact your rights, rank, and retirement.

About the Law Offices of David P. Sheldon, PLLC:
Based in Washington, D.C., our firm is nationally recognized for its legal defense of service members across all branches of the military. From courts-martial and administrative separation to MEB/PEB hearings and wrongful discharge claims, we defend the rights and careers of those who serve.

Learn more: www.militarydefense.com
Serving Clients Worldwide, Based in Washington, DC

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

Law Offices of David P. Sheldon, PLLC Files Lawsuit Against U.S. Air Force Over Delayed Wrongful Death Claim

Law Offices of David P. Sheldon, PLLC Files Federal Lawsuit Against U.S. Air Force Officials Over Unreasonable Delay in Wrongful Death Claim

Washington, D.C. – February 17, 2025 – The Law Offices of David P. Sheldon, PLLC has filed a lawsuit in the United States District Court for the District of Columbia on behalf of Shawn Bogen, a widow seeking justice after the tragic drowning of her husband, Andrew Bogen, at a Department of the Navy-managed swimming facility in Japan.

The lawsuit, filed against senior officials of the United States Air Force, including Chief of the Foreign Torts and Litigation Branch, Stephen J. Eriksson, and Acting Secretary of the Air Force, Gary A. Ashworth, challenges the agency’s failure to take timely action on Ms. Bogen’s wrongful death claim under the Military Claims Act (MCA).

Mr. Bogen, a civilian Department of Defense Education Activity teacher, drowned at the Purdy Fitness Center Pool in Yokosuka Naval Base, Japan, on August 29, 2022. Despite visible distress, on-duty lifeguards failed to respond promptly, resulting in his untimely death.

Ms. Bogen initially filed her claim under the MCA in November 2023, yet the Air Force has refused to either approve or deny the claim, instead insisting that she first pursue a separate claim under the Federal Employees’ Compensation Act (FECA)—despite clear legal precedent demonstrating that FECA does not apply in this case.

“The government’s refusal to take action on Mrs. Bogen’s claims is not just an administrative failure—it is an injustice,” said Dylan Thayer, lead counsel for the plaintiff. “By unlawfully withholding and unreasonably delaying a decision, the Air Force is denying a grieving widow the closure and compensation she is legally entitled to.”

The lawsuit, brought under the Mandamus Act (28 U.S.C. § 1361) and the Administrative Procedure Act (5 U.S.C. § 706(1)), seeks a court order compelling the Air Force to take immediate action on Ms. Bogen’s claims and provide the justice she and her family deserve.

The Law Offices of David P. Sheldon, PLLC remains committed to holding military and government agencies accountable and ensuring fair treatment for service members, federal employees, and their families.

For more information, please contact:

David P. Sheldon
Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Phone: (202) 546-9575
Website: www.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.