A Veteran’s Fight for Justice Continues in Federal Court Against the U.S. Navy

Veteran’s Fight for Justice Continues in Federal Court Against the U.S. Navy

A decorated U.S. Navy veteran has taken his fight for justice to the U.S. Court of Appeals for the D.C. Circuit, challenging what he contends is an unfair and unlawful disability rating that stripped him of the retirement benefits he earned through combat service. Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the case asks the appellate court to correct a series of errors by the Navy’s Physical Disability Board of Review (PDBR).

A Story of Service and Sacrifice

This veteran served honorably as a Petty Officer First Class in covert reconnaissance squadrons, flying dozens of combat missions across Iraq, Afghanistan, and the Balkans. His role placed him in direct danger, tracking enemy positions, calling in strikes, and witnessing devastation at close range.

One mission in particular, an air campaign that resulted in over 180 enemy combatants killed in action, left lasting scars. In the months that followed, he developed the hallmarks of post-traumatic stress disorder (PTSD): intrusive memories, nightmares, anxiety, and depression. By 2007, Navy doctors determined his PTSD was permanent, ending his career as a flight technician.

Despite his clear diagnosis, the Navy awarded him only a 10% disability rating, far below the 50% rating mandated by federal law (VASRD § 4.129) for service-related PTSD severe enough to cause separation from service. That rating meant severance pay instead of medical retirement, a decision that has denied him lifetime benefits for over 15 years.

A Long Legal Battle

The veteran sought relief through the PDBR, which in 2022 admitted his PTSD was service-connected and warranted a retroactive 50% rating. Yet the Board simultaneously cut his rating back to 10% without ever conducting a follow-up medical examination, contradicting both statute and regulation.

Federal district court upheld the Navy’s decision earlier this year, prompting the veteran to appeal. His case now rests with the D.C. Circuit, where his attorneys argue that the Navy’s actions were arbitrary, capricious, and contrary to law and that the proper remedy is full medical retirement.

“This case is about more than numbers on a chart,” said Dylan Thayer, lead counsel. “It is about honoring the sacrifices of those who served in combat, ensuring that the law is applied fairly, and correcting years of injustice.”

Broader Implications

The outcome of this appeal could have lasting implications for thousands of veterans who were medically separated with low ratings between 2001 and 2009, a period Congress has acknowledged was plagued by systematic under-rating of combat-related disabilities.

For this veteran, the case is deeply personal. “After everything he gave in service to his country, he deserves the benefits promised under law,” Thayer added.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney–client relationship. Every case is unique, and results depend on the facts and circumstances of each matter.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized boutique law firm representing service members, federal employees, and veterans in complex military and federal employment matters. With decades of combined experience, the firm advocates for those facing injustice in courts-martial, boards of inquiry, correction boards, security-clearance cases, and federal appeals.

When the Military Orders Silence: The Hegseth Directive, Navy Reporting Guidance, and the First Amendment Risks

Social Media Naval Branch

 

New Navy Guidance: Reporting Improper Social Media Use

On September 15, the Chief of Naval Operations released a memo instructing how to receive, refer, and track reports of “unprofessional personal social media use.” Navy Times The memo directs that reports be forwarded through the chain of command, with periodic status updates up to the CNO level, but states that the Chief of Naval Personnel is not to perform investigations unless the matter warrants accountability tied to unprofessional use. Navy Times

This formal process institutionalizes oversight and surveillance of Sailors’ online behavior. It underscores that social media posts are no longer purely personal acts: they are subject to command visibility and may trigger review or discipline.

The Navy Social Media Handbook also confirms that Sailors remain subject to the UCMJ at all times, including off-duty, and that “improper or inappropriate online behavior … may result in administrative or disciplinary action.” CSP Navy /navy.mil

Thus, the Navy is actively building procedural infrastructure to catch and escalate online speech potentially deemed unprofessional.

The “Hegseth Order” & Posts about Charlie Kirk

In parallel, top Defense leadership has signaled strong intent to punish service members for celebratory or mocking posts about the death of Charlie Kirk, a private citizen not holding public office. Reports suggest that commanders have suspended or removed personnel whose posts are under review. Navy Times

Because the target was not in government, service members’ comments about Kirk do not implicate contempt under UCMJ Article 88, which applies to certain high officials. And unless there is a whistleblower scenario or clear misconduct, these posts do not fall cleanly within protected communications.

What is left is a commander invoking good order and discipline as justification to suppress speech.

Constitutional & UCMJ Constraints

  1. Parker v. Levy and Military Speech Limits

The Supreme Court in Parker v. Levy, 417 U.S. 733 (1974), upheld that military speech can be restricted when necessary to prevent interference with duty, morale, or discipline. But that case also implies that restrictions must be tied to actual harm or disruption, not imagined ones.

  1. Lawfulness of Orders & Narrow Tailoring

Under military law (e.g. the Manual for Courts-Martial), a service member must obey a lawful order. If an order is overbroad, arbitrary, or lacks a proper military purpose, it may itself be invalid.

An order to silence commentary about a private citizen, without showing that it actually harms unit cohesion, is at risk of being invalidated.

  1. Risk of Political Suppression

When the content suppressed is political or ideological rather than directly linked to military function, the risk is that discipline becomes a form of political censorship. Courts have been wary of allowing the UCMJ to be used as a blunt instrument for silencing dissenting views that do not threaten mission performance (Brown v. Glines, 444 U.S. 348 (1980)).

  1. Interaction with Navy Reporting Memo

The Navy’s new memo strengthens the command’s ability to monitor, log, and escalate social media concerns up the chain, potentially amplifying the reach of broad speech restrictions like the Hegseth directive.

Because reporting is formalized, a sailor’s post might be flagged even without direct local command knowledge, increasing the chance of review or discipline for commentary that might otherwise have remained unremarked.

That procedural structure amplifies the stakes: if the order is invalid, the entire reporting and investigative chain may be operating under unjustified authority.

  1. What Service Members Should Know
  • Not all speech is punishable, but suppression must be tied to real discipline or mission harm, not mere political disagreement.
  • Orders must be lawful. A directive to punish posts about a private citizen must bow to constitutional limits or risk being struck down.
  • Procedural rights matter. If accused, a service member is entitled to notice, to respond, and to challenge whether the order was lawful.
  • Representation is essential. Where broad or vague commands are used to silence dissent, legal counsel must push back, not merely accept “command authority” as absolute.

The interplay between the Hegseth directive, new Navy reporting protocols, and constitutional protection presents a serious danger: that normal political speech by service members could be censored under the guise of discipline.

At the Law Offices of David P. Sheldon, PLLC, we stand ready to defend service members whose voices are suppressed. If you are under threat of investigation or discipline for your online speech, we can challenge overreach and help protect both your career and your rights.

References & Resources

  • Parker v. Levy, 417 U.S. 733 (1974) – Full Text
  • Brown v. Glines, 444 U.S. 348 (1980) – Full Text
  • Uniform Code of Military Justice (10 U.S.C. §§ 888, 892, 933, 934) – UCMJ Articles
  • Manual for Courts-Martial, Part IV, ¶14 – 2024
  • Military Whistleblower Protection Act, 10 U.S.C. § 1034 – Cornell Law School

Army Veteran Wins Medical Retirement After Long Fight for Justice

After fighting for over 10 years an army veteran gets justice

After more than a decade of pain, appeals, and repeated denials, a U.S. Army veteran has finally secured justice. On September 12, 2025, following a formal hearing before the Physical Evaluation Board (PEB), the Board recognized what years of medical evidence had already made clear: the veteran’s combat-related injuries rendered him unfit for service and entitled him to a medical retirement.

This decision marks the end of a grueling journey that began with a Humvee accident in Iraq in 2008, where the soldier sustained traumatic brain injury, multiple orthopedic injuries, and post-traumatic stress disorder. Rather than receiving the disability evaluation process required by Army regulations, he was left in limbo for years on temporary medical profiles, eventually separated at the end of his service contract in 2011 without the medical retirement he deserved. Despite his documented conditions, which later earned him a 100% permanent and total disability rating from the Department of Veterans Affairs, the Army refused to grant him retirement benefits. For over a decade, he fought through the Army Board for Correction of Military Records and multiple PEB reviews, compiling an extensive record of medical evidence, VA ratings, and legal arguments to prove what should have been recognized years ago, that he was permanently unfit for service. The member even filed suit in District Court, obtaining a remand, which led to his ultimate victory.

“This case demonstrates the perseverance of a soldier who refused to let bureaucracy erase his sacrifice,” said Attorney Dylan Thayer, who represented the veteran. “Our client gave everything for his country, and after years of struggle, the system has finally acknowledged that he was entitled to a medical retirement from the very beginning. It is an honor to stand by him in securing this result.”

The Board’s decision not only restores the veteran’s dignity but also grants him critical benefits, including retirement pay, health care, and backdated entitlements. It sends a broader message that service members should not have to fight for years to obtain the care and recognition that the law already promises them.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents U.S. service members, veterans, and federal employees in military and federal employment law matters, including courts-martial defense, PEB/MEB representation, ABCMR appeals, and security clearance defense. The firm is dedicated to correcting injustices and protecting the rights of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship.

 

Army Chaplain Files New ABCMR Petition Following Court Victory

Army Chaplain Fights for Justice

A Step Forward in Restoring Honor and Correcting Injustice

An Army Chaplain has filed a new application with the Army Board for Correction of Military Records (ABCMR) seeking the removal of a General Officer Memorandum of Reprimand (GOMOR) from her official record. This filing follows her decisive federal court victory earlier this summer, when the U.S. District Court for the District of Columbia found that the Army’s prior refusal to grant relief was “arbitrary and capricious” and remanded her case to the Board

A Career of Service, a Battle for Justice

The Chaplain’s story is one of resilience, faith, and dedication to the soldiers she served. After joining active duty in 2016, she rose to become a Battalion Chaplain in the 101st Airborne Division. Her record included consistent high marks for performance and leadership, along with deep personal commitments to the spiritual and moral well-being of her troops

In 2022, following an administrative dispute with a subordinate soldier, she received a GOMOR. While the Army initially attempted to end her career, a Board of Inquiry later determined she should be retained, recognizing that her conduct did not rise to the level of separation. Even so, the reprimand remained in her permanent record, a stain that hindered her advancement despite subsequent “highly qualified” evaluations and strong endorsements from peers and leaders

In February 2024, the ABCMR itself unanimously recommended removing the reprimand, citing her remorse, strong performance, and the unfair severity of the GOMOR. But in April 2024, that recommendation was overturned by the Deputy Assistant Secretary of the Army. The Chaplain challenged the decision in federal court, and on July 14, 2025, the District Court sided with her, ordering the case returned to the Board for proper reconsideration

Moving the Ball Forward

Now, with her latest ABCMR filing, the Chaplain is seeking to finish what began three years ago: the full restoration of her record and her honor.

“This case is about more than one reprimand,” said her attorney, Dylan Thayer, of the Law Offices of David P. Sheldon, PLLC. “It is about ensuring that a decorated chaplain’s career is not defined by an isolated incident, especially after she has demonstrated unwavering integrity, remorse, and continued excellence in service.”

For the Chaplain, the filing is not simply about personal vindication. It is about correcting the record so that her service is remembered for what it truly is faithful, compassionate, and dedicated to the soldiers she was called to serve.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is nationally recognized for its representation of service members, veterans, and federal employees. The firm has extensive experience in military law, corrections of military records, courts-martial defense, and federal employment litigation.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Viewing this information does not create an attorney-client relationship.

Drug Boats: Where Questions of Lethality and Legality Meet — New Analysis From USNI

Full analysis on DOD Bombing of Valenzuelan Drug TrafficOn 2 September 2025, the U.S. military carried out a precision strike against
a suspected drug-smuggling vessel. (Department of Defense)

Drug Boats: Where Questions of Lethality and Legality Meet — New Analysis From USNI


Delve into the intricate intersection of maritime law enforcement and lethal force in “Drug Boats: Where Questions of Lethality and Legality Meet.” Co-authored by Annie Morgan, a Senior Military Attorney at the Law Offices of David P Sheldon, PLLC, this thoughtful examination draws on Annie’s distinguished background—including appearances before the War Courts at Guantánamo Bay, the Court of Military Commissions Review, and the D.C. Circuit.


Together, the article navigates the thorny legal terrain surrounding drug interdiction by sea, weighing the consequences of policy, precedent, and power. Insightful, timely, indispensable.


Read the full article

Drug Boats: Where Questions of Lethality and Legality Meet
By Annie W. Morgan, Esq. and James Halsell
September 2025
Proceedings
Vol. 151/9/1,471

 

Meet the Power Team: Linda & LeAnn – Our Legal Superheroes

Super Heroes Linda and LeAnn

At the Law Offices of David P. Sheldon, PLLC, we believe every great law firm has its champions. For us, those champions are none other than Linda Tiller and LeAnn Hendrick—a dynamic duo who bring extraordinary strength, insight, and dedication to our clients. Together, they are the ultimate power team: unstoppable in their pursuit of justice, fearless in the face of challenges, and unwavering in their commitment to excellence.

Linda Tiller: The Strategist

With decades of experience navigating the complexities of federal and military law, Linda has a sharp mind that sees every angle. Known for her meticulous preparation and deep knowledge of procedure, she is the strategist who maps out the battlefield and ensures our clients are always steps ahead. Her superpower? Turning complex legal tangles into clear, winnable strategies.

LeAnn Hendrick: The Advocate

LeAnn brings unmatched energy, compassion, and tenacity to every case. Clients feel her dedication instantly—she listens, she empowers, and she fights as though each client’s cause were her own. Her superpower? Transforming client concerns into powerful advocacy that resonates in the courtroom and beyond.

A Force for Our Clients

When Linda and LeAnn join forces, their talents amplify. They balance precision with passion, intellect with empathy, and strategy with action. Think of them as the Justice League of our firm—protecting the rights of service members, veterans, and federal employees with the courage and determination of true heroes.

At the end of the day, Linda and LeAnn aren’t just part of our team—they are the shield and the sword for our clients. Their combined strength makes us proud to say:

L & L: We Get the Job Done!

Federal Employment Law Virtual Town Hall on Monday, August 19 at 2:00 PM ET

Federal Employment Town Hall Hosted by MLPN August 19, 2025

Attorney David P. Sheldon and Annie Morgan to Join Expert Panel for Federal Employment Law Zoom Town Hall on August 19, 2025 @ 1 PM CT/2 PM ET for Virtual Town Hall

Question and Answer Panel for MLPN

David P. Sheldon, founding attorney at the Law Offices of David P. Sheldon, PLLC, and Annie Morgan, Senior Military Attorney at the firm, will speak on a national expert panel during a Federal Employment Law Virtual Town Hall on Monday, August 19 at 2:00 PM EST. The event, hosted by the Military Law Practitioners Network (MLPN).

The panel will address how ongoing legal developments, including agency-driven contract terminations and the erosion of union protections, are impacting job security, due process rights, and available legal remedies for federal workers.

Panelist Profiles

David P. Sheldon
As the founder of a nationally recognized federal and military law firm based in Washington, D.C., Mr. Sheldon has decades of experience representing service members and federal employees in complex legal forums, including MSPB, federal courts, and Boards for Correction of Military Records. He is a trusted advocate in RIF appeals, wrongful discharge, and employment record correction.

Annie Morgan
A Senior Military Attorney at the Law Offices of David P. Sheldon, Annie Morgan brings extensive litigation experience on behalf of service members and federal workers. Her work includes advocating before military boards and defending clients facing termination, discharge review, and misconduct allegations.

Published Resources & Articles By Law Offices of David P Sheldon, PLLC

  • Fighting for Your Rights as a Federal Employee: Challenging Unjust Terminations – Outlines procedural protections under Title 5, VEOA, and the MSPB, and action steps for RIF victims
  • Displaced Federal Workers: Preparing grievances and appeals, challenging improper RIFs – Best practices and timelines for appeals and legal avenues
  • Federal Employees Facing Wrongful Termination and Reinstatement – Advises on clearing personnel records, appeals, and preserving future benefits

Event Details: Federal Employment Law Q&A:  A Town Hall Meeting with David P. Sheldon, Law Offices of David P. Sheldon, PLLC, Washington DC

About the Law Offices of David P. Sheldon, PLLC

Established in Washington, D.C., this national firm specializes in military and federal employment law, advising service members, veterans, and federal employees on wrongful termination, RIF challenges, disability appeals, and record corrections. The firm’s experience spans MSPB, BCMR, federal courts, and administrative appeals  .

Contact & More Info:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546‑9575 • www.militarydefense.com

Disclaimer

This town hall is for informational and illustrative purposes only and does not establish an attorney-client relationship.  Attendees with individual legal needs are encouraged to consult a qualified attorney.

 

 

 

 

 

After Air Force Discrimination Settlement, National Guard Memo Signals Internal Response to Harassment Concerns

Civilian HR Memo Appears in Wake of High-Profile EEOC Settlement: A Sign of Policy Reinforcement at the National Guard Bureau?

In the aftermath of a significant EEOC-approved discrimination settlement involving a senior Air Force civilian, new developments have emerged at the Temple Army Readiness Center (TARC), home to several Army National Guard Bureau (NGB) offices, including Civilian Human Resources.

Recently, a memo titled “Civilian Management” authored by Lisa M. Sessions, HR Specialist (ARNG-HCM-CMB), was discovered posted at TARC. Though the document itself offers a high-level overview of HR responsibilities for Title 5 and Title 10 civilians, its timing and location suggest it may be more than routine communication.

While the memo does not reference any specific case or individual, those familiar with ongoing personnel matters at TARC note that it was likely posted in response to HR concerns and as a corrective step following the resolution of a federal discrimination case.

That case, which involved allegations of workplace harassment, racial and age-based discrimination, and a hostile supervisory environment was resolved in April 2025 with a multi-six-figure settlement and six-figure attorney fee reimbursement after formal EEOC review and judicial approval. According to public information, the complainant, a high-ranking African American federal civilian, had endured repeated incidents that prompted legal action and ultimately institutional remedies.

Legal professionals reviewing the matter believe the Civilian Management memo may reflect an effort by HR leadership at NGB to assert visibility, clarify roles, and demonstrate responsiveness to emerging personnel challenges. However, questions remain about the memo’s authorship authority, distribution method, and whether proper protocols were followed in its posting at a secure federal site like TARC.

More notably, the memo’s content, while affirming the administrative scope of Civilian HR does not explicitly reference EEO procedures, anti-harassment protocols, or the rights of employees to report misconduct, leaving some observers to question whether the posting sufficiently addressed the concerns it may have intended to quell.

“Given the legal and financial consequences federal agencies now face when harassment is mishandled, internal communications must be both timely and policy-compliant,” one legal analyst familiar with the matter commented. “Posting an HR overview may be part of a good-faith response, but without context or clear EEO guidance, the impact is limited.”

The Civilian Management branch of the Army National Guard oversees a broad array of personnel actions, from staffing and classification to labor relations and awards administration. Whether this memo reflects a shift in internal culture or simply a reactive gesture remains to be seen.

What is clear is that agencies across the federal spectrum are now operating under heightened scrutiny, especially when cases of discrimination and retaliation surface. As recent legal outcomes continue to shape institutional responses, effective policy implementation will be judged not only by documentation, but by procedural integrity and employee trust.

 

Disclaimer:
The information provided in this blog post is for general informational and commentary purposes only and does not constitute legal advice, nor does it reflect the official views or statements of any government agency or party involved in the referenced matters. The authors do not represent the federal government, the complainant, or any individuals mentioned in this narrative. All opinions expressed are based on publicly available information and are intended to contribute to the broader discussion on workplace rights, procedural transparency, and civilian personnel policy within federal agencies. Readers are encouraged to consult with legal counsel for advice regarding specific circumstances.

Betrayed by the System: Honorably Separated Army Veteran Fights Back After Privacy Breach

Former Army Soldier Brings Lawsuit under the Privacy Act Seeking Justice for the Illegal & Unlawful Dissemination of Documents Within His Official Military Personnel File.

In a new federal lawsuit filed in the United States District Court for the District of Columbia files against the Department of the Army for violations of the Privacy Act, 5 U.S.C. § 552a, a former Army soldier fights back. The case tells the story of a decorated Army veteran whose confidential military records were unlawfully accessed and weaponized in a personal dispute, leading to profound personal and economic harm.

The plaintiff, a former Staff Sergeant honorably discharged after nearly a decade of service, had earned multiple commendations, including the Army Commendation Medal and three Army Achievement Medals. His Official Military Personnel File (OMPF), protected under federal law, should have remained confidential. Instead, a tangled web of misconduct ensued: through illicit access by a member of his former unit, personal records including an official photograph stamped “FOR OFFICIAL USE ONLY” were leaked to his estranged former girlfriend who was unaffiliated with the military. Those records were then used maliciously during court proceedings to shame and discredit him.

This filing asserts that a current Army Staff Sergeant deliberately obtained and shared these records without consent or legal justification, violating the core tenets of the Privacy Act. A subsequent Army investigation confirmed the breach, yet the Army withheld details of disciplinary action against the violator, citing “privacy concerns,” a bitter irony, considering the veteran’s rights had already been severely violated.

At stake is not merely personal redress. This case seeks to hold the Army accountable for systemic failures in safeguarding service members’ records. The complaint demands monetary damages for emotional and financial injuries, the correction of inaccurate or derogatory records, and legal fees, but more critically, it serves as a bellwether to ensure federal agencies uphold their sacred trust to protect those who have served.

What This Filing Means for the Defendant

The Department of the Army must now answer for its breach of duty under the Privacy Act. The lawsuit challenges not only the actions of the individuals involved but also the Army’s systemic inability to prevent, detect, or properly respond to the unauthorized disclosure of protected information. A successful verdict could force greater transparency, reform, and accountability within military record-keeping systems.

Correcting a Deep Wrong

Beyond personal vindication, this legal action seeks to affirm a basic principle: that those who serve their country should not have their private histories weaponized against them. Through this suit, the plaintiff demands that the government right this wrong, restoring dignity, enforcing accountability, and strengthening privacy protections for all service members.

About the Law Offices of David P. Sheldon:

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized military and federal employment law firm. With decades of experience defending service members and federal employees, the firm brings unparalleled dedication to safeguarding the rights, careers, and reputations of those who serve our nation.  The firm previously won the right of servicemembers the right to sue in Cummings v. Department of the Navy and In re: Sealed Case, Mr. Sheldon won the right for National Guard members to sue under the Privacy Act-even if the member is under state orders.

Contact Us: Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
militarydefense.com
Phone: (202) 546-9575