military injustice Archives

Federal Court Rejects Army’s Denial of Reservist’s Application for Retirement Benefits

Federal Judge Finds Army’s Decision Arbitrary, Siding with Plaintiff Represented by Law Offices of David P. Sheldon

WASHINGTON, D.C. — April 3, 2025 — A federal court has sided with a retired Army Reserve officer in her challenge to the Army’s decision to separate her just four months shy of qualifying for military retirement. The case, brought under the Administrative Procedure Act, was remanded for further proceedings after U.S. District Judge Loren L. AliKhan ruled that the Army’s reasoning for denying retirement benefits was “arbitrary and capricious.”

The plaintiff, a decorated Lieutenant Colonel with nearly 18 years of honorable service, had sought a modest extension of her service to reach the 20-year retirement threshold. Although her original position was deemed “overstaffed,” she successfully pursued a transfer to an understaffed Civil Affairs unit only to be discharged days before the transfer was finalized.

The Army Board for Correction of Military Records unanimously recommended correcting her records to reflect 20 years of service and to award retroactive retirement pay. But in a move the court called confusing and unsupported, a Deputy Assistant Secretary of the Army overruled that recommendation in a single paragraph. The court determined that the Army’s rejection lacked any meaningful explanation and misunderstood key facts in the case.

“This case isn’t just about one soldier, it’s about fairness and accountability in how the Army treats its own,” said Dylan Thayer, the plaintiff’s attorney and partner at the Law Offices of David P. Sheldon, a D.C.-based firm known for championing military rights. “We’re proud to fight for service members who’ve earned the benefits they were promised.”

The court’s decision sends the matter back to the Army for further review, giving the plaintiff a renewed chance to secure the retirement benefits she should have rightfully received.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon is one of the nation’s premier military law firms. With a track record of defending the rights of service members across all branches, the firm handles courts-martial, correction of military records, medical retirement claims, and constitutional rights cases. Visit www.militarydefense.com for more information.

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.

Dylan Thayer to Argue Before D.C. Circuit in Major Coleman’s Case Against the U.S. Air Force

Washington, D.C. – February 20, 2025 – Attorney Dylan Thayer will present oral arguments before the United States Court of Appeals for the District of Columbia Circuit on February 21, 2025, at 9:30 A.M., advocating for Major Thomas G. Coleman (ret.), USAF, in his case against Secretary of the Air Force Frank Kendall, III.

Major Coleman seeks to rectify a bureaucratic error that has unjustly prevented him from completing his 18-year safe harbor period for military retirement. The Air Force Board for the Correction of Military Records (AFBCMR) acknowledged the error but has failed to fully remedy its consequences. At issue is whether a military correction board, upon identifying an injustice, is required under the law of the D.C. Circuit to fully correct that injustice. Thayer will argue that the answer is unequivocally yes.

In his appeal, Major Coleman is requesting 49 days of constructive service credit to compensate for the eight to 14 months of service time he was wrongfully deprived due to Air Force administrative failures in processing his waiver and transfer request between 2012 and 2013. Despite meeting all requirements to make the year count toward his retirement, the Air Force’s error prevented him from earning the necessary 50 points for a complete year. While the AFBCMR has previously made minor adjustments, it has never fully corrected the injustice, leaving Major Coleman without the retirement protections he rightfully earned.

Thayer will emphasize that when a military correction board acknowledges an error, it is legally obligated to restore the service member to the position they would have been in but for the mistake. This case carries significant implications for service members who rely on correction boards to ensure fairness in military records and retirement eligibility.

Oral arguments will take place at the United States Court of Appeals for the District of Columbia Circuit and is listed on the court’s website: www.cadc.uscourts.gov.

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.