Tag: David P. Sheldon law firm

USPHS Commander Seeks Correction of Records After Disputed Reprimand and Denial of Relief by Surgeon General

Posted on by Becky Haugen

A U.S. Public Health Service (USPHS) Commander is fighting to restore the officer’s reputation and career following a reprimand, contending it was unjust, retaliatory, and issued outside the bounds of lawful authority. The case, filed with the Board for Correction of Public Health Service Commissioned Corps Records (BCMR), argues that the Letter of Reprimand (LOR) issued in October 2023, was procedurally and legally flawed.

Represented by attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, the Commander’s filing asserts that the LOR was issued not only in violation of Commissioned Corps policy (CCI 211.04 and CCI 211.07) but was also motivated by retaliation after the officer raised concerns about understaffing and promotion irregularities within the Bureau of Health Services at the Eloy Detention Center.

According to the complaint, the officer formally requested relief through the Surgeon General’s redress process, submitting evidence of improper conduct, lack of authority by the issuing official, and violations of due process. But the Surgeon General, VADM Vivek Murthy, ultimately declined to grant relief, stating that “the evidence presented does not demonstrate a violation of law, executive order, regulation, or policy,” nor was the issuance “arbitrary and capricious.”

Attorney Morgan disputes this finding. “The facts clearly show that the reprimand was issued by someone without the lawful authority to do so. It followed weeks of the Commander raising staffing concerns and requesting help. Instead of support, the officer was punished for performing the duties assigned—and that’s precisely why the BCMR exists: to correct these injustices,” said Morgan.

The Commander’s petition to the BCMR requests:

  • Rescission of the LOR;
  • Expungement from the officer’s official record;
  • Restoration of lost specialty pay and backpay; and,
  • Any other equitable relief the Board finds appropriate.

The filing includes legal arguments grounded in the Administrative Procedure Act, Privacy Act, and internal USPHS regulations. The Commander also provided documentation showing that the decisions regarding patient scheduling were consistent with operational policy during a staffing shortfall—not acts of misconduct.

The case represents a broader concern for many USPHS officers navigating opaque disciplinary procedures that can derail careers, especially when whistleblowing or reporting internal issues.

About the Law Offices of David P. Sheldon, PLLC:
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm. With more than two decades of experience, the firm defends service members and federal employees in cases involving courts-martial, administrative separations, security clearances, and record corrections.

Disclaimer:
This release is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes will vary depending on specific facts and 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.

Complaint Highlights Navy’s Disparate Treatment and Violations of Federal Law

Posted on by Becky Haugen

Decorated Navy Officer Sues United States for Age Discrimination and Breach of Military Retirement Promises

Complaint Highlights Navy’s Disparate Treatment and Violations of Federal Law

Washington, D.C. — A decorated senior Navy officer has filed a lawsuit against the United States, alleging that the Navy unlawfully discharged him based solely on his age and denied him the prorated retirement benefits he was promised. The complaint, lodged in the U.S. Court of Federal Claims, contends that the Navy violated multiple federal laws and applied inconsistent retirement policies, resulting in the abrupt termination of the officer’s 13-year military career.

The officer, represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC asserts that he relied on direct assurances from Navy personnel that he would qualify for prorated retirement benefits if he served until age 62. However, when he reached the agreed-upon retirement age, the Navy discharged him without benefits, citing amended policies applied retroactively to his detriment.

“Military personnel rely on clear, consistent policies when making life-altering career decisions,” said attorney Dylan Thayer. “Our client chose to continue serving based on assurances from the Navy. The reversal of those commitments, through retroactive application of policy changes, is not only unjust but legally indefensible.”

Legal Violations Cited

The complaint alleges several federal legal violations, including:

  • Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 633a(a)), which requires that personnel actions affecting federal employees over age 40 be free from age bias. Read the statute
  • Military Pay Act (37 U.S.C. § 204(a)(1)), which mandates proper pay for military service members based on rank and years of service. Read the statute
  • Tucker Act (28 U.S.C. § 1491), authorizing claims for monetary relief when federal agencies violate contractual or statutory obligations. Read the statute

The lawsuit also highlights the Navy’s retroactive application of changes to 10 U.S.C. § 1251, governing mandatory retirement. The officer was counseled under the original law, which guaranteed retirement at age 62 with prorated benefits. Amendments made in 2021, years after his service began, eliminated that protection. Read the statute

The lawsuit seeks:

  • Full back pay from the date of discharge
  • Reinstatement to active duty without age-based disqualification
  • Restoration of retirement benefits
  • Attorney’s fees and costs under the Equal Access to Justice Act (28 U.S.C. § 2412). Read the statute

A Case with National Implications

This case raises broader questions about how the military updates policies affecting retirement and whether retroactive application can undermine service members’ legal and financial expectations.

“If the military can change the rules mid-career and apply them retroactively, no service member can be assured of receiving the benefits they were promised,” Thayer concluded.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, PLLC, located in Washington, D.C., is a nationally recognized firm specializing in military and federal litigation. The firm represents service members and federal employees in retirement disputes, discharge cases, courts-martial, and age and disability discrimination claims. Its attorneys are committed to upholding the rights of those who serve the nation.

Contact:
The Law Offices of David P. Sheldon, PLLC
100 M Street, S.E., Suite 600
Washington, D.C. 20003
Tel: 202.546.9575
www.militarydefense.com

 

Disclaimer

This press release is provided for informational purposes only. It does not constitute legal advice or establish an attorney-client relationship. Individuals seeking legal advice should consult qualified counsel.

Honoring Service: Legal Team Wins Medical Retirement for Dedicated USPHS Officer

Posted on by Becky Haugen

April 4, 2025

Senior Public Health Service Officer Secures Medical Retirement with Legal Representation from the Law Offices of David P. Sheldon

WASHINGTON, D.C. — A senior officer in the U.S. Public Health Service (USPHS) Commissioned Corps has successfully obtained a medical retirement following an in-depth review by the Medical Review Board and final approval by the Office of the Surgeon General. The officer was represented by Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon, PLLC.

The officer served the nation with distinction for more than a decade, including frontline deployments during public health emergencies. Despite a history of exceptional service, the officer developed service-connected medical conditions that rendered continued service untenable. After a thorough review, the Medical Review Board recommended permanent medical retirement, which was approved with an effective retirement date.

Annie Morgan, the officer’s legal representative, praised the outcome:

“This result reflects both the strength of our client’s record and the importance of advocating for the rights of officers who can no longer serve due to medical conditions that they incurred while in service. We’re proud to stand beside those who’ve sacrificed their health in service to this country.”

This case marks yet another success for the Law Offices of David P. Sheldon, which is nationally recognized for representing USPHS members, service members, officers, and federal employees in complex legal and administrative matters, including medical retirement, disability evaluation, courts-martial, and correction of military records.

About the Law Offices of David P. Sheldon

Located in Washington, D.C., the Law Offices of David P. Sheldon is a premier military law firm dedicated to defending the rights of U.S. service members and federal employees across all branches and uniformed services. The firm specializes in military justice, administrative law, disability and retirement proceedings, and appeals before military and federal courts. Led by founding attorney David P. Sheldon and supported by a team of seasoned litigators, the firm brings decades of experience and an unwavering commitment to justice.

Contact:

Law Offices David P. Sheldon, PLLC
202-546-9575
militarydefense.com

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.

 

 

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Posted on by Becky Haugen

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Federal Judge Finds Army’s Decision Arbitrary, Siding with Plaintiff Represented by Law Offices of David P. Sheldon

WASHINGTON, D.C. — April 3, 2025 — A federal court has sided with a retired Army Reserve officer in her challenge to the Army’s decision to separate her just four months shy of qualifying for military retirement. The case, brought under the Administrative Procedure Act, was remanded for further proceedings after U.S. District Judge Loren L. AliKhan ruled that the Army’s reasoning for denying retirement benefits was “arbitrary and capricious.”

The plaintiff, a decorated Lieutenant Colonel with nearly 18 years of honorable service, had sought a modest extension of her service to reach the 20-year retirement threshold. Although her original position was deemed “overstaffed,” she successfully pursued a transfer to an understaffed Civil Affairs unit only to be discharged days before the transfer was finalized.

The Army Board for Correction of Military Records unanimously recommended correcting her records to reflect 20 years of service and to award retroactive retirement pay. But in a move the court called confusing and unsupported, a Deputy Assistant Secretary of the Army overruled that recommendation in a single paragraph. The court determined that the Army’s rejection lacked any meaningful explanation and misunderstood key facts in the case.

“This case isn’t just about one soldier, it’s about fairness and accountability in how the Army treats its own,” said Dylan Thayer, the plaintiff’s attorney and partner at the Law Offices of David P. Sheldon, a D.C.-based firm known for championing military rights. “We’re proud to fight for service members who’ve earned the benefits they were promised.”

The court’s decision sends the matter back to the Army for further review, giving the plaintiff a renewed chance to secure the retirement benefits she should have rightfully received.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon is one of the nation’s premier military law firms. With a track record of defending the rights of service members across all branches, the firm handles courts-martial, correction of military records, medical retirement claims, and constitutional rights cases. Visit www.militarydefense.com for more information.

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.

The Law Offices of David P. Sheldon Successfully Negotiates Settlement for Defendant in Civil Suit

Posted on by Becky Haugen

Press Release

The Law Offices of David P. Sheldon Successfully Negotiates Settlement for January 6th Defendant in Civil Suit

 

On January 20, 2025, President Donald Trump issued “a full, complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.” While this historic order relieved January 6th defendants of criminal liability, many continue to face civil lawsuits stemming from the events of that day.

The Law Offices of David P. Sheldon recently represented one such defendant in a high-stakes civil case seeking $10 million in damages, including claims for wrongful death.

Thanks to the diligence and skill of our legal team, several claims against our client were dismissed. The plaintiff filed a stipulation of dismissal with regard to our client, reaching a settlement for a significantly reduced amount.

At the Law Offices of David P. Sheldon, we believe that everyone deserves high-quality legal representation. If you are a defendant in a civil suit in federal or D.C. Superior Court, contact our office today to learn how we can help protect your rights.

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
(202) 546-9575
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.