Tag: military defense

Denial of Benefits and Delayed Justice for Federal Personnel and Military Service Members

Posted on by Becky Haugen

Rainbow pride flag

Federal and Military Employees Face Challenges to Retirement Benefits and Constitutional Rights Amid Policy Shifts

In August 2025, the U.S. Air Force rescinded previously approved Temporary Early Retirement Authority (TERA) benefits for service members with 15 to 18 years of service. While this action has largely affected transgender personnel, it signals broader administrative discretion that could impact retirement and benefits decisions for a wider group of federal and military employees.

Executive Order 14183, signed in January 2025, reinstated restrictions on transgender military service, citing unit cohesion and readiness concerns. The Supreme Court allowed enforcement of this order in May 2025, and the Department of Defense has since issued guidance to proceed with separations. These shifts, coupled with administrative backlogs caused by the government shutdown, have created uncertainty for many service members who rely on timely processing of retirement and benefits applications.

Constitutional and Legal Implications

The rescission of benefits raises serious constitutional concerns. Under the Equal Protection Clause, policies that discriminate based on characteristics such as gender identity or sexual orientation must meet strict scrutiny. Additionally, abrupt denial of earned benefits implicates the Due Process Clause, as service members and federal employees may be deprived of property without meaningful opportunity for review.

Legal challenges are ongoing, including lawsuits such as Talbott v. USA, where advocacy organizations are contesting the constitutionality of the transgender service restrictions. These cases may set important precedents affecting the broader federal workforce.

Impact on the Broader LGBTQ+ Workforce

While policy changes have specifically targeted transgender service members, gay, bisexual, and other LGBTQ+ military and federal employees are also affected. Administrative delays, reduced government operations, and shifting policy interpretations create uncertainty for all personnel relying on earned benefits and retirement eligibility. Even those not directly targeted may face obstacles in planning their careers, navigating appeals, or securing timely access to benefits. This environment underscores the importance of strong legal protections and oversight to ensure that all LGBTQ+ service members and federal employees receive fair treatment and due process.

Government Shutdown Complications

The ongoing government shutdown further complicates the situation. Limited operations in military and federal offices slow the processing of appeals, retirement applications, and administrative remedies. Federal courts, operating with reduced staffing, are also experiencing delays, slowing the adjudication of constitutional and administrative claims. This combination of policy reversals and shutdown-related delays increases the risk that personnel may be separated or denied benefits before their claims can be fully reviewed.

Legal Remedies and Next Steps

Affected service members and federal employees may pursue several avenues:

  1. Administrative Appeals: Filing appeals within the Department of Defense or relevant federal agency.
  2. Judicial Review: Seeking federal court adjudication on constitutional and administrative law grounds.
  3. Class Action Litigation: Addressing systemic effects when multiple personnel are impacted.

Engaging experienced counsel specializing in military and federal employment law is essential to protect rights and benefits.

Recent News Articles and Resources

Disclaimer:
This update is for informational purposes and does not constitute legal advice. Service members and federal employees should consult an attorney specializing in military or federal employment law for guidance.

About the Law Offices of David P. Sheldon, PLLC:
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., provides expert legal representation to military service members and federal employees facing legal challenges. Specializing in military justice, veterans’ rights, and federal employment law, the firm is committed to protecting the rights, benefits, and careers of those who serve our nation.

 

 

Army Chaplain Files New ABCMR Petition Following Court Victory

Posted on by Becky Haugen

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.

Law Offices of David P. Sheldon Files Key Legal Motion in Military Defense Case

Posted on by Becky Haugen

The Law Offices of David P. Sheldon is pleased to share an important legal update regarding a recent filing in a military defense case. Led by attorney Dylan Thayer, our firm has submitted a critical motion in the United States Court of Appeal for the District of Columbia Circuit on behalf of a dedicated service member in the United States Army. This motion seeks to overturn a wrongful conviction that threatens both the career and reputation of a decorated officer, underscoring our firm’s unwavering commitment to ensuring justice for those who serve in the armed forces.

Legal Strategy and Advocacy

The motion, filed in a high-stakes military law matter, presents compelling arguments that challenge procedural inconsistencies, evidentiary issues, and violations of due process that have unfairly impacted our client, a Senior Non-Commissioned Officer (NCO) with over 15 years of honorable service. This case involves allegations that were based on flawed investigative procedures, raising significant concerns about the fairness of the military justice process.

Attorney Dylan Thayer, an experienced advocate in military defense law, crafted a well-researched and forceful legal argument addressing key issues related to military regulations and procedural fairness. The motion highlights due process violations and improper handling of exculpatory evidence that could have significantly altered the outcome of the original proceedings.

“This filing is a testament to our firm’s dedication to fighting for service members’ rights,” said Thayer. “The stakes in this case are high—our client’s career, military benefits, and lifelong reputation are on the line. We take immense pride in providing strong, strategic legal representation to ensure that justice is upheld.”

Commitment to Military Defense

The Law Offices of David P. Sheldon has built a reputation as a leading firm in military law, representing service members across all branches of the military. Based in Washington, DC, our team is known for its expertise in courts-martial appeals, discharge upgrades, security clearance matters, and military administrative proceedings. Our attorneys bring decades of experience to the table, providing clients with top-tier legal advocacy in complex military cases.

This latest filing reflects our ongoing commitment to defending those who have dedicated their lives to serving our country. We will continue to monitor this case closely and provide updates as developments unfold.

For more information about our legal services or to schedule a consultation, visit militarydefense.com or contact our office directly 202-546-9575.

About the Law Offices of David P. Sheldon
Located in Washington, DC, the Law Offices of David P. Sheldon is a premier military defense law firm dedicated to representing service members in a wide range of legal matters. With a proven track record of success, we are committed to protecting the rights of those who serve. Learn more at 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.

 

Testimonial: “I highly recommend the Law Offices of David P. Sheldon for all of your military legal needs.”

Posted on by Becky Haugen

Mr. Sheldon and his team were great right from the start. He laid out a knowledgeable plan of defense with a course of action that was born out of experience, with every intention of leveling the playing field to get to a fair result. I was caught up in a broken system filled with bias, privilege, and presumption. He was the voice that I needed in order to be heard and given even a chance of receiving some sort of justice. His advice and legal council brought peace and reassurance throughout the process and a result that could not have been achieved otherwise. I highly recommend the Law Offices of David P. Sheldon for all of your military legal needs as a very resourceful, informed, and experienced high powered firm that has a personal touch of immediate availability and response time. He will genuinely fight on your behalf and is an outstanding advocate to have by your side no matter what the charge or accusation. I was facing a command that was trying to end my career and ruin my record over contradictory instructions and technicalities that were being applied maliciously in an unequal fashion, but instead I am being allowed to remain in service to eventually retire as planned. I am extremely grateful for Mr. Sheldon and his team.

T.S. CDR Navy

Military Defense is a Sponsor at the PHS Symposium May 24-26, 2022

Posted on by Becky Haugen

The 2022 Symposium will be the 55th annual meeting of the nation’s top Federal, Tribal, State and Local public health providers, administrators and emergency responders/planners.

This event is the only annual meeting dedicated exclusively to the work of U.S. Public Health Service Commissioned Corps officers.  Attendance strengthens the nation’s public health and emergency response capability, while building relationships that will further the mission and objectives of agencies  and provides specific education and training based on specialty. The 2022 Symposium is the 55th annual meeting of the nation’s top Federal, Tribal, State and Local public health providers, administrators and emergency responders/planners.

Event details are located at: https://www.phscof.org/symposium/
Military Defense is a Sponsor at the PHS Symposium in Phoenix May 24-26, 2022.
Please stop by the Military Defense booth and pick up some medical kits, stress balls and luggage wraps.
Congratulations to COA PHS for a successful 2022 conference.

WPO. He was waterboarded at VMI. His tormentors still got into the military.

Posted on by Becky Haugen

Cadet gets disenrollment over-turned:

“The cadet planning to commission into the Army nearly lost his chance to become an officer. After he graduated from VMI in May 2020, the U.S. Army Cadet Command initiated disenrollment proceedings against him after learning about the lawsuit in a Post article, said his lawyer, David Sheldon.”
 

“Eventually, after a hearing in which the VMI graduate acknowledged his wrongdoing, the Army made its ruling, Sheldon said. He could become an officer.”

 

https://www.washingtonpost.com/dc-md-va/2021/12/30/vmi-waterboarding-hazing-rat-line/

Discharge Upgrade Provides Marine Positive Future

Posted on by Becky Haugen

Listen:
After Discharge Upgrade, Marine Finally Finds a Reason to Live

“At the hearing, the Marine colonel in charge reads Hartnett’s record; and he says, here we have a promising young Marine until 1991. And then, the colonel asks, what happened? David Sheldon – the lawyer – says that’s the question no one had ever bothered to ask.

SHELDON: He could hear a pin drop in that room when he was describing the trauma that he had went through, and how it impacted upon him.”

National Public Radio Special Series:

Veterans And Other-Than-Honorable Discharges

Originally Aired:Heard on All Things Considered