Tag: David P. Sheldon PLLC

Appeal Challenges Air Force ROTC Disenrollment Decision—Firm Argues Due Process and Fairness Violated

Posted on by Becky Haugen

The Law Offices of David P. Sheldon, PLLC has filed an appeal challenging the Air Force Reserve Officer Training Corps’ (AFROTC) decision to disenroll a cadet just weeks before his commissioning. The appeal, submitted to the Commander of the Air Force ROTC, calls for reinstatement and correction of the record, citing significant procedural flaws and violations of fairness and due-process principles.

According to the appeal, the former cadet, a first-generation American, had earned a Type II scholarship, served as a Scholastic Officer and head of the Cadet Leadership Council, and was selected to become a Remotely Piloted Aircraft (RPA) Pilot before his disenrollment in 2024.

The appeal contends that the disenrollment rested on a mischaracterization of events, including an arrest that was later expunged by court order and a minor physical-fitness-test irregularity that the cadet immediately self-reported and retested. The filing argues that Air Force regulations and constitutional standards require decisions to be based on final adjudications, not unproven allegations, and that the cadet’s expunged record cannot lawfully serve as grounds for career-ending action.

Citing Department of the Air Force Manual 36-2032 and AFROTC Instruction 36-2017, the appeal asserts that commanders are improperly instructed to act on “original events” rather than judicial outcomes, contradicting the presumption of innocence guaranteed by the Fifth, Sixth, and Fourteenth Amendments. The filing further notes that the cadet’s alleged “breach of contract” for failing to commission in the intended fiscal year was due to court delays outside his control, not misconduct.

Supporting letters from senior officers, describe the cadet as an honest, resilient leader who has demonstrated rehabilitation, faith, and renewed commitment to service.

“Every cadet deserves a fair, fact-based evaluation, not a lifetime penalty for a record the courts have cleared,” said David P. Sheldon, lead counsel on the appeal. “This case is about restoring integrity to the ROTC process and ensuring that deserving young Americans are not barred from serving their country because of bureaucratic error.”

The appeal requests full reinstatement into the AFROTC program or, alternatively, a correction of the official DD Form 785 to allow the cadet future eligibility for Officer Training School.

ABOUT THE LAW OFFICES OF DAVID P. SHELDON, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon represents service members, cadets, and federal employees in military and administrative law matters worldwide. The firm has built a national reputation for defending the rights and careers of those who serve.

DISCLAIMER

This press release is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and applicable law. Reading this release does not create an attorney-client relationship. Individuals facing ROTC disenrollment or similar administrative action should consult qualified counsel for legal guidance regarding their particular circumstances.

 

Uncleared and Present Danger: What the Latest Security Clearance Revocations Mean for Your Career

Posted on by Becky Haugen

The Bigger Picture: What Just Happened?

Uncertain Futures

When news broke that Director of National Intelligence Tulsi Gabbard had revoked the clearances of thirty-seven current and former officials, many people shrugged, thinking it only affected Washington insiders. But the truth is far more unsettling. This decision is a reminder that the single document that allows someone to enter a secure building, open a classified file, or work on a sensitive project can be taken away in an instant.

For anyone working in the federal government, the military, or with a defense contractor, a security clearance is not just a piece of paper, it is the lifeline of their career. Without it, doors close. Positions disappear. Contracts collapse. Future employment is stalled-out.

Why Security Clearances Are So Critical

Imagine building a career around years of specialized training, loyalty to your country, and a deep knowledge of national security issues. Now imagine that, overnight, all of it is put on hold because your clearance is gone. For most, losing a clearance doesn’t just mean being moved to a different desk. It often means being placed on unpaid leave, reassigned to a job that doesn’t exist, or let go entirely.

Contractors are hit even harder. When one person on a project loses clearance, the whole contract may fall apart. Teams can be dismantled, deadlines missed, and jobs lost, not because of poor performance, but because the government decided that someone no longer had the “key” to the classified world.

The Legal Fallout and Career Risks

These recent revocations raise serious legal concerns. In the normal course of business, an employee whose clearance is questioned has the right to know the reasons and respond before any decision is final. When that process is skipped, due process itself is undermined. That isn’t just unfair, it is potentially unlawful.

There is also the matter of privacy. Federal law, through the Privacy Act of 1974, is designed to protect the personal information of government employees. By publicly naming those whose clearances were revoked, officials may have crossed a legal line. Beyond the legalities, the reputational damage is enormous. Once someone is known as having “lost their clearance,” future job prospects in government or contracting become uncertain, even if the decision was never justified in the first place.

Why This Matters for Everyone With a Security Clearance

Security clearances have always been viewed as neutral, based on trust, judgment, and reliability, not politics or personalities. The recent actions challenge that tradition, and the ripple effect spreads quickly. If professionals begin to believe their careers can be destroyed without explanation, many of the best and brightest will walk away from government service. The talent pool shrinks, morale drops, and national security itself can be weakened.

For individuals, the lesson is clear: your clearance is your career. Protect it as you would protect any other professional license or credential. And if it is ever challenged, act quickly. With the right legal representation, it is possible to appeal and, in some cases, restore a security clearance. But time matters, and experience matters even more.

Where We Come In

At the Law Offices of David P. Sheldon, PLLC, we have seen firsthand the devastation a clearance revocation can bring to a family. Paychecks stop, benefits vanish, and years of hard work are suddenly in jeopardy. We have dedicated our practice to helping federal employees, contractors, and service members fight back when their livelihoods are at risk. Our experience spans every corner of the clearance process, from responding to initial concerns to challenging wrongful decisions in court.

Reading List & Resources

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., our firm is nationally recognized for defending the rights of service members, federal employees, and contractors. Whether you face a security clearance revocation, a military board action, or a federal employment dispute, our attorneys bring decades of experience to protect your career, your livelihood, and your future.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with an attorney regarding your specific situation.

Decorated Public Health Service Officer Fights Unjust Forced Retirement: What’s at Stake in Her Appeal

Posted on by Becky Haugen

A decorated officer in the U.S. Public Health Service Commissioned Corps has filed a formal appeal to halt what her legal counsel describes as a premature and procedurally flawed forced retirement that jeopardizes her pension, professional standing, and years of public service. The appeal was filed by her attorney, Annie Morgan of the Law Offices of David P. Sheldon, PLLC.

The officer, a Commander with over 20 years of honorable and decorated service, was notified last month that she would be involuntarily retired effective August 1, 2025. The decision followed a sudden Return to Service order and placement in a non-duty pay status without written documentation or the due process outlined in Public Health Service policy. Despite these irregularities, and her active efforts to secure a new assignment, an Involuntary Retirement Board (IRB) was convened and recommended her retirement.

Her legal team asserts that the IRB’s action is not only premature, but also denies the officer the opportunity to complete her service on her own terms—potentially costing her:

  • Additional creditable time in service toward retirement,
  • A higher annuity under the High-36 pension calculation,
  • Future eligibility for promotion to O-6 (Captain),
  • And the ability to preserve her professional record and legacy.

“This is more than a personnel dispute, it’s a matter of justice, fairness, and a decorated officer’s right to continue serving,” said attorney Annie Morgan. “She secured a new federal assignment before her scheduled return date. There’s no reason to push her out early. The loss of rank, retirement earnings, and professional dignity are too great a price for a flawed administrative process.”

The Commander, who has received Presidential Unit Commendations, served in national leadership roles, and was hand-selected to lead critical emergency response teams, has since accepted a position with the Bureau of Prisons in Victorville, California. However, with just weeks to go before her return, her leadership informed her that the retirement process was “already underway” and refused to facilitate her reassignment.

Her appeal argues for reinstatement so that she may continue her service and retire with the full benefits, respect, and recognition she has earned.

About The Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC is a premier military and federal employment law firm based in Washington, D.C., with a legacy of defending the rights and careers of service members and federal officers across the nation. The firm provides trusted representation in administrative appeals, courts-martial, involuntary separations, and national security matters.

 

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Past performance does not guarantee future results. Individuals seeking legal counsel should contact an attorney for specific guidance regarding their case.

Commissioning Restored: Legal Advocacy Secures Future for Disenrolled ROTC Cadet

Posted on by Becky Haugen

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.”

Navy Officer’s Federal Appeal Challenges Arbitrary Promotion Denial and Career-Saving Records Dispute

Posted on by Becky Haugen

Plaintiff Seeks Judicial Review After Navy’s Unjust Delay and Career Impact

A significant appeal has been filed with the U.S. Court of Appeals for the D.C. Circuit challenging the Navy’s prolonged delay and subsequent denial of a career-critical promotion, which the plaintiff argues occurred in direct violation of federal statute. Represented by Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the plaintiff, a decorated Navy Lieutenant, asserts that the Navy’s Board for Correction of Naval Records acted arbitrarily and capriciously by ignoring mandatory promotion timelines and mischaracterizing his service record.

At the heart of the case is the Navy’s failure to promote the plaintiff within the statutory deadline prescribed by 10 U.S.C. § 624(d)(5), which limits appointment delays to 18 months. The plaintiff’s promotion was delayed nearly 21 months, a violation the Navy itself acknowledged but refused to remedy. Despite exemplary service and a family legacy of military dedication, the plaintiff’s promotion was denied, and he was subjected to an adverse personnel action stemming from a minor 2019 incident aboard the USS Howard, an incident which his command later agreed did not warrant separation from service. The District Court acknowledged the Navy’s statutory breach but held that no enforceable duty existed to promote the plaintiff. The appeal argues this interpretation defies both congressional intent and longstanding precedent affirming the obligation of correction boards to rectify such injustices.

“The Navy delayed this officer’s rightful promotion well beyond what Congress allows,” said Dylan Thayer, lead counsel. “The law is clear: such delays may not exceed 18 months, and when they do, the promotion should occurs by operation of law. Our client’s rights, and his career, have been unjustly compromised.”

The lawsuit also challenges the Navy’s decision to uphold a detachment for cause action, which alleged “gross negligence” despite the plaintiff maintaining a record of exceeding performance standards for much of his career, including multiple commendations.

“This case is not just about one officer’s career,” Thayer added. “It’s about ensuring that service members can rely on the laws Congress enacts to protect them from arbitrary administrative overreach.”

The appeal seeks to overturn the District Court’s ruling and compel the Navy to correct the plaintiff’s record and recognize his promotion as having occurred by operation of law.

 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 litigation firm representing service members and federal employees nationwide. The firm advocates in matters of military justice, administrative law, correction of records, security clearance defense, and federal employment disputes.

DISCLAIMER:

The information contained in this release is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.