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.