Military defense attorney Archives

A retired U.S. Navy Commander praises the Law Offices of David P. Sheldon for Providing Exceptional Counsel During a Complex Military Legal Matter

Posted on September 29, 2025September 29, 2025 by Becky Haugen

As a career Navy officer, this Commander never expected to need legal counsel — but when complex military legal challenges arose, they knew they needed elite representation. From the very first call, the Law Offices of David P. Sheldon, PLLC provided the guidance, clarity, and advocacy that turned a difficult chapter into a victorious one. Here’s what this Commander had to say about our work, our values, and why they trust our team without hesitation.

“As a retired Military Officer facing complex legal issues, we felt overwhelmed and uncertain about where to turn. From the very first consultation, David Sheldon LLC and team demonstrated not only a deep understanding of military law, but also a genuine respect for our service and situation. Their dedication, attention to detail, and strategic approach gave us confidence every step of the way. We had never been in a position of need for legal counsel but selecting Sheldon was a great choice and the results superlative.”

Commander, US Navy

Army Chaplain Files New ABCMR Petition Following Court Victory

Posted on September 11, 2025 by Becky Haugen

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.

Oral Argument in Dudt v. Driscoll Before the D.C. Circuit Court of Appeals

Posted on September 5, 2025September 10, 2025 by Becky Haugen

Law Offices of David P. Sheldon, PLLC Presents Oral Argument in Dudt v. Driscoll Before the D.C. Circuit Court of Appeals

Washington, D.C., September 4, 2025 — The Law Offices of David P. Sheldon, PLLC appeared before the United States Court of Appeals for the District of Columbia Circuit today in the case of Andrew Dudt v. Daniel Driscoll, Secretary of the Army (No. 24-5084).

Attorney Dylan Thayer argued on behalf of Major Andrew Dudt, U.S. Army, challenging the Army’s decision-making process and raising critical issues of procedural fairness, due process, and regulatory consistency. Representing the Army, the U.S. Department of Justice appeared through counsel Bradley Silverman.

The case was heard by Circuit Judges Rao and Walker, and Senior Circuit Judge Randolph. The panel pressed both sides on how military authorities apply and interpret regulations in disciplinary and administrative matters that affect service members’ careers, reputations, and futures.

This case underscores the high stakes faced by service members when adverse administrative actions are taken without proper safeguards. The outcome of this appeal could set precedent for how military regulations are reviewed in federal courts and how due process rights are upheld for service members nationwide.

“Our argument before the D.C. Circuit today is about fairness and accountability,” said Dylan Thayer, attorney for the appellant. “Major Dudt, like all service members, deserves decisions made under consistent rules and with full respect for his rights. We are confident that the Court understands the gravity of what is at stake—not just for our client, but for others serving in uniform.”

The Court’s decision, expected in the coming months, could provide important guidance for both service members and military authorities in the interpretation and enforcement of regulations.

About the Law Offices of David P. Sheldon, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC represents service members, veterans, and federal employees in high-stakes litigation. With extensive experience in military defense and federal appeals, the firm is dedicated to ensuring fairness, accountability, and justice for those who serve our nation.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice.

Law Offices of David P. Sheldon, PLLC to Argue Military Defense Case Before the D.C. Circuit Court of Appeals

Posted on August 28, 2025 by Becky Haugen

Attorney Dylan Thayer and The Law Offices of David P. Sheldon, PLLC will argue before the U.S. Court of Appeals for the D.C. Circuit on Thursday, September 4, 2025, at 9:30 a.m. (ET) in Courtroom 31 the case of Andrew Dudt v. Daniel Driscoll (No. 24-5084).

Attorney Dylan Thayer will present oral argument on behalf of the Army Major, a service member challenging the military’s handling of adverse actions that, he asserts, were imposed without fair process. The appeal raises critical questions about whether military authorities followed proper procedures, applied regulations consistently, and respected the constitutional and statutory rights of those serving in uniform.

This case centers on due process protections for service members, including whether decisions affecting careers and reputations must meet the same standards of fairness that apply in civilian federal employment. The Major contends that military officials relied on procedurally flawed processes and inconsistent regulatory interpretations that denied him a fair opportunity to defend himself.

At stake is not only the future of one service member but also the precedent the Court may set for thousands of others who face similar disciplinary or administrative actions. A ruling from the D.C. Circuit could reaffirm that military regulations must be enforced with integrity, consistency, and respect for constitutional rights.

“This hearing underscores the principle that service members deserve the same fundamental fairness that they sacrifice to protect for others,” said Dylan Thayer, plaintiff’s attorney. “We are asking the Court to ensure that military authorities are held accountable to the rule of law and that no one’s career is jeopardized by arbitrary or inconsistent decisions.”

Oral argument before the D.C. Circuit is a critical stage in the appellate process, where judges directly question counsel to test the strength of legal theories and evaluate how the case fits into established precedent. This hearing provides the Court an opportunity to clarify how far military authorities can go when interpreting regulations, and whether service members are entitled to the same safeguards of fairness expected in all other federal contexts.

The outcome could influence how future adverse actions are reviewed, providing guidance not only to military commands but also to boards of correction, administrative review bodies, and federal courts tasked with evaluating service member rights.

Event Details

Case: Andrew Dudt v. Daniel Driscoll (No. 24-5084)
Court: U.S. Court of Appeals for the D.C. Circuit
Date/Time: Thursday, September 4, 2025, at 9:30 AM (ET)
Location: Courtroom 31

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees in high-stakes legal disputes. With a record of litigating precedent-setting cases before military courts, federal agencies, and appellate courts, the firm is committed to ensuring fairness, due process, and justice for those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice.

Colorado’s SB25-279: What Service Members Need to Know About This Pending Military Justice Bill

Posted on April 17, 2025 by Becky Haugen

Colorado’s SB25-279: What Service Members Need to Know About This Pending Military Justice Bill

If you’re a service member living or training in Colorado, there’s a bill being reviewed right now that you should know about. It’s called Senate Bill 25-279, or SB25-279, and while it hasn’t been signed into law yet, it’s making its way through the Colorado Legislature.

So, what’s it about?

This bill would change how Colorado handles military justice for its National Guard and other state military forces. Right now, if a civilian district attorney decides not to press felony charges against a service member, that might be the end of it, at least on the civilian side. But under SB25-279, the state’s military leadership could still take action. That means you could face a court-martial through the state military system, even if the local DA says “no thanks” to filing charges.

That’s a big deal.

Even though this bill wouldn’t change federal law, it would bring Colorado’s state military code in line with the federal Uniform Code of Military Justice (UCMJ). The idea is to give Colorado’s military forces more tools to handle offenses internally. It would also expand what commanding officers in the state can do when it comes to punishment and discipline.

But let’s be clear: this isn’t law yet. It’s still a pending bill, and the Governor hasn’t signed anything. Until then, it’s just something lawmakers are debating. But if it does pass, it will start affecting military members on September 1, 2025 unless it’s challenged by voters in a future election.

So, who does this apply to?

If you’re in the Colorado National Guard or another state military force, and you’re not on federal active duty orders (like Title 10), this bill would apply to you. It doesn’t matter if your home of record is in another state. If you’re serving in Colorado under state orders, then Colorado’s rules are the ones you need to follow.

And if you’re thinking, “Well, I’m on state duty, but I didn’t know I could be court-martialed by the state?” this is exactly why service members need to stay informed. Legal rules can shift fast, and what you thought only applied to the federal side might now apply at the state level too.

At The Law Offices of David P. Sheldon, PLLC, we represent service members across the country in both federal and military legal matters. While we’re not based in Colorado, we’re committed to helping military members stay up to date on new laws and policies like SB25-279 that could seriously impact your rights and career.

If you’re serving in Colorado and you’re unsure how this could affect you or if you’re facing legal concerns already it’s a good idea to speak with a military defense attorney who understands both the federal and state systems.

While it is important to follow the military rules and regional laws, it is also important to understand how the laws apply differently in regional justice and military systems. SB-279 is one example of how the state is looking to update their states military judicial systems as it applies to service members in their state.

About Us:
The Law Offices of David P. Sheldon, PLLC is a Washington, DC-based law firm that practices military and federal law nationwide. We provide legal defense and representation to service members in courts-martial, administrative hearings, and federal litigation. Our mission is to defend the rights of those who serve, wherever they serve.

Disclaimer: This content is for informational purposes only. It is not legal advice and does not form an attorney-client relationship.

Law Offices of David P. Sheldon Secures Disability and Retirement Benefits in Medical Evaluation Board Determination

Posted on March 31, 2025September 10, 2025 by Becky Haugen

Washington, DC — April 1, 2025 — The Law Offices of David P. Sheldon announces a successful challenge to a Medical Evaluation Board (MEB) determination on behalf of a Commissioned Corps Officer. Following submission of an Officer Response Form requesting a Full & Fair Hearing with the Medical Appeals Board, the USPHS found the officer unfit for duty, not due to his misconduct, but due to his service-connected disability. This allows him to earn his rightfully owned retirement benefits and corresponding VA benefits.

“When military service results in a disability, which prevents a service-member from finishing their career, they are entitled to compensation for that disability and to the retirement benefits they have rightfully earned,” said Senior Military Defense Attorney Annie Morgan. “We’re proud to have secured this fitness‑for‑duty determination, ensuring our client will have the resources – both financial and medical – to properly treat his service-connected disability moving forward.”

Law Offices of David P. Sheldon
202-546-9575
militarydefense.com

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon, headquartered in Washington, D.C., is a nationally recognized firm specializing in military and federal employment law. With decades of combined experience, the firm advocates for servicemembers, veterans, and federal employees facing administrative injustices, ensuring their rights are protected and their records accurately reflect their service. Known for its commitment to integrity, personalized client service, and tenacious representation, the firm has successfully secured corrections of military records, restoration of benefits, and vindication of career reputations.

Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.

Department of Defense Policy on Transgender Service Members

Posted on February 27, 2025March 25, 2025 by Becky Haugen

Department of Defense Policy on Transgender Service Members

The recently issued Department of Defense (DoD) memorandum dated February 26, 2025, which effectively reverses prior policies allowing transgender individuals to serve openly in the military, raises significant legal and constitutional concerns. The stated rationale for this new policy—asserting that a history of gender dysphoria or related medical treatments is incompatible with military service—appears to be a broad and categorical exclusion rather than an individualized assessment of fitness for duty.

As legal advocates for military service members, veterans, and those facing adverse administrative actions, the Law Offices of David P. Sheldon strongly opposes policies that impose blanket bans on service members based on characteristics unrelated to individual merit, performance, and capability. The U.S. District Court has previously expressed skepticism toward similar policies, noting that they amount to “total discrimination,” rather than a justifiable regulation tied to military readiness or operational effectiveness.

The Constitution, particularly the Equal Protection Clause of the Fifth Amendment, prohibits the government from engaging in arbitrary discrimination. A policy that broadly excludes individuals with gender dysphoria from service—without consideration of their actual abilities, medical history, or demonstrated service performance—risks violating fundamental constitutional protections. Federal courts have previously struck down similar categorical exclusions for lacking a sufficient rational basis, particularly when they serve primarily to target a politically vulnerable group rather than advancing legitimate governmental interests.

Furthermore, the policy’s immediate effect on transgender service members raises serious concerns about due process and the fairness of administrative separations. Service members who were previously allowed to serve openly and receive necessary medical care now face potential involuntary discharge or denial of medical treatment, despite their proven dedication and fitness for service. These actions could also conflict with existing military regulations that require individualized medical assessments and due process protections for those facing administrative separation.

In practical terms, this policy threatens to undermine military readiness rather than enhance it. The DoD has invested significant resources in training and integrating transgender service members under prior policies. Removing qualified individuals from service without cause unrelated to performance or conduct disregards the military’s stated mission of maintaining a highly capable and diverse fighting force.

The Law Offices of David P. Sheldon stands ready to challenge this policy through all available legal avenues, advocating for service members who are unjustly targeted under its provisions. We urge Congress, the courts, and military leadership to recognize that discrimination—under any pretext—undermines both national security and the core principles of fairness and equality that define our armed forces.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon is a premier military law firm based in Washington, D.C., dedicated to defending the rights of service members, veterans, and federal employees. With extensive experience in military administrative and criminal defense, our firm represents clients in courts-martial, discharge upgrades, security clearance cases, and other military-related legal matters. We are committed to upholding justice and ensuring fair treatment for those who serve our nation.

To consult with the experienced Washington, DC based Military Attorneys at the Law Offices of David P Sheldon, PLLC contact our office at (202) 546-9575 or visit www.militarydefense.com, or request a consultation.

Disclaimer:

The information provided in this article 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.

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces

Posted on February 24, 2025March 25, 2025 by Becky Haugen

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces in SrA Bryce Roan’s Case

Washington, D.C. – On Wednesday, February 26, 2025 Senior Trial and Appellate Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, will present oral argument before the Court of Appeals for the Armed Forces (CAAF) in the case of Senior Airman (SrA) Bryce Roan. The argument will focus on the government’s failure to disclose exculpatory evidence, violating SrA Roan’s constitutional and statutory rights to a fair trial under Brady v. Maryland and Rule for Courts-Martial 701.

SrA Roan was convicted of wrongful use of cocaine following a positive urinalysis during a unit-wide drug sweep. However, critical evidence indicating the possibility of a false positive due to a pre-workout supplement was withheld by military prosecutors. This evidence was later disclosed in a separate but related court-martial, where Roan’s roommate was acquitted of the same offense. Despite clear indications of gross negligence by investigators—including the destruction of key investigative records—the government proceeded with Roan’s prosecution without full disclosure of exculpatory evidence.

CAAF granted review on the following issues:

Whether the lower court erred in finding that the withheld evidence was immaterial, thereby violating the principles established in Brady v. Maryland.
Whether the government’s failure to disclose evidence violated SrA Roan’s rights under Rule for Courts-Martial 701.

“The failure to disclose exculpatory evidence is an affront to every service member’s right to a fair trial,” said Annie Morgan, who will argue the case on behalf of SrA Roan. “This case is about more than one Airman—it is about ensuring integrity in military justice. We will not stop fighting until justice prevails.”

The Law Offices of David P. Sheldon, PLLC, a nationally recognized military law firm based in Washington, D.C., continues to champion the rights of service members in complex court-martial cases and appeals.

For more information, please contact:

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
www.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.

Annie Morgan on Military Justice & Women in the Armed Forces – Dog Tag Diaries Podcast

Posted on February 12, 2025February 19, 2025 by Becky Haugen

Guest Appearance by Annie Morgan on the Dog Tag Diaries Podcast to Discuss Military Justice and Defending High Value Detainees at Guantanamo Bay

Washington, D.C. – February 12, 2025 – The Dog Tags Podcast, hosted by Captain Kim and Captain Dakota, features a powerful new episode with special guest Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. Known for her fierce advocacy for service members and extensive work in military justice, Morgan shares her insights on legal challenges within the military, her experiences representing detainees at Guantanamo Bay, and the ongoing push for military justice.

Dog Tag Diaries, hosted by Captain Kim and Captain Dakota, has become a trusted platform for sharing authentic stories of experiences in the military—particularly those highlighting the voices and experiences of women in service. This episode adds another meaningful conversation to their growing library of compelling content.

Episode Highlights Include:

Annie Morgan’s work as military attorney for detainees at Guantanamo Bay
Defending military members and her commitment to justice for the military community
The importance improving conditions for women in the armed forces
Her own experiences of being part of the military community from childhood to now a Senior Military Attorney for the Law Offices of David P. Sheldon

Where to Listen:
The Dog Tag Diaries Podcast is available on Dog Tag Diaries. Don’t miss this episode featuring Annie Morgan and other inspiring voices from women in the military community. “Join Captain Kim as she explores Annie’s experiences defending airmen and navigating the intricacies of criminal justice.”