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

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.

When One Piece of Paper Destroys a Career: The Hidden Danger of a Reprimand

He was the kind of officer others looked up to. Showed up early, stayed late, and took care of his troops. When something needed fixing, he made sure it got done. He was tough, but fair and exactly the kind of leader you want in charge when things get hard. And that’s what got him in trouble.

After years of service, countless sacrifices, and a spotless record, one memo changed everything. A General Officer Memorandum of Reprimand, a GOMOR, landed in his official file, accusing him of “toxic leadership.” What did that mean? No one could really say. The phrase has no clear definition. It’s often thrown around when commanders simply don’t like a particular subordinate. Maybe the officer was too direct. Maybe he pushed his team harder than others. Maybe he didn’t play political games.

And just like that, his career stalled.

GOMORs, unlike regular counseling or feedback, are powerful and dangerous. They don’t just sit in a drawer. They go into your permanent record. They can make you ineligible for promotions, prevent you from transferring, or even push you out of the military completely. They can be used as a quiet way to end someone’s career, without any real due process, evidence, or chance to defend yourself.

The worst part? It’s happening more and more. Officers are getting labeled with “toxic leadership” or “loss of confidence” a vague term that carries heavy weight. Many of these officers are the ones who hold their teams accountable, who push for excellence, who challenge the status quo. But when leadership changes, or when someone higher up decides they want a different kind of personality in the position, the hammer falls.

One reprimand. One accusation. And suddenly, years of service are on the line.

That’s where the Law Offices of David P. Sheldon steps in.

Senior Military Attorney David P. Sheldon and his team have seen it all, officers who are blindsided, confused, and scared. They’ve worked with clients who were told they had no future, no promotion, and no choice but to resign. But with the right legal strategy, things can change.

Sometimes that means fighting to remove the GOMOR altogether. Other times it means correcting the record, filing an appeal, or pushing back against a board that rubber-stamped a punishment without asking questions. The team at David P. Sheldon’s, PLLC firm knows the system inside and out and they know how to affirm the service member’s rights to fair career adjudication.

They’ve helped officers get unfair reprimands removed, promotions reinstated, and careers put back on track. And in cases where the system isn’t accurate, they’ve taken the fight all the way to federal court. Because no one should lose everything they’ve worked for because of one biased letter or a leadership change that didn’t go their way.

The military is built on rules. But sometimes, those rules are applied unfairly. And when that happens, you need someone in your corner who knows how to fight back.

If you or someone you know is facing a GOMOR or LOR, especially one based on incorrect or vague claims or office politics, don’t wait. The earlier you act, the more options you have. One memo shouldn’t define your service, your future, or your legacy.

The Law Offices of David P. Sheldon is here to help you protect all that you’ve earned. Because your career shouldn’t end with a whisper in the hallway, it should be honored for the years of dedication you gave to this country.

About the Law Offices of David P. Sheldon, PLLC:

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC is a nationally respected military and federal employment law firm. Led by founder David Sheldon, the firm represents service members in GOMOR rebuttals, LOR removal, promotion restoration, discharge upgrades, security clearance appeals, and correction of military records. With decades of combined experience, the firm is committed to defending those who defend our nation.

www.militarydefense.com

Legal Disclaimer:

This content is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by viewing or sharing this content. For legal advice regarding your specific situation, please consult with a licensed attorney.

 

Melissa Diaz Successfully Passes the District of Columbia Bar

The Law Firm of David P. Sheldon PLLC is proud to announce the very successful completion and accomplishment of Melissa Diaz, passing the District of Columbia’s bar with flying colors!  In 2022, Melissa joined the firm where she has been a valued law team member. With the completion of the bar, upon admission, she will officially become a District of  Columbia licensed attorney. Melissa continues  to serve our clients with her very high level of professionalism, integrity and outstanding enthusiasm.

Congratulations on your success, Melissa!  BZ!