Tag: Military Law Firm Washington DC

Appeal Challenges Air Force ROTC Disenrollment Decision—Firm Argues Due Process and Fairness Violated

Posted on by Becky Haugen

The Law Offices of David P. Sheldon, PLLC has filed an appeal challenging the Air Force Reserve Officer Training Corps’ (AFROTC) decision to disenroll a cadet just weeks before his commissioning. The appeal, submitted to the Commander of the Air Force ROTC, calls for reinstatement and correction of the record, citing significant procedural flaws and violations of fairness and due-process principles.

According to the appeal, the former cadet, a first-generation American, had earned a Type II scholarship, served as a Scholastic Officer and head of the Cadet Leadership Council, and was selected to become a Remotely Piloted Aircraft (RPA) Pilot before his disenrollment in 2024.

The appeal contends that the disenrollment rested on a mischaracterization of events, including an arrest that was later expunged by court order and a minor physical-fitness-test irregularity that the cadet immediately self-reported and retested. The filing argues that Air Force regulations and constitutional standards require decisions to be based on final adjudications, not unproven allegations, and that the cadet’s expunged record cannot lawfully serve as grounds for career-ending action.

Citing Department of the Air Force Manual 36-2032 and AFROTC Instruction 36-2017, the appeal asserts that commanders are improperly instructed to act on “original events” rather than judicial outcomes, contradicting the presumption of innocence guaranteed by the Fifth, Sixth, and Fourteenth Amendments. The filing further notes that the cadet’s alleged “breach of contract” for failing to commission in the intended fiscal year was due to court delays outside his control, not misconduct.

Supporting letters from senior officers, describe the cadet as an honest, resilient leader who has demonstrated rehabilitation, faith, and renewed commitment to service.

“Every cadet deserves a fair, fact-based evaluation, not a lifetime penalty for a record the courts have cleared,” said David P. Sheldon, lead counsel on the appeal. “This case is about restoring integrity to the ROTC process and ensuring that deserving young Americans are not barred from serving their country because of bureaucratic error.”

The appeal requests full reinstatement into the AFROTC program or, alternatively, a correction of the official DD Form 785 to allow the cadet future eligibility for Officer Training School.

ABOUT THE LAW OFFICES OF DAVID P. SHELDON, PLLC

Based in Washington, D.C., the Law Offices of David P. Sheldon represents service members, cadets, and federal employees in military and administrative law matters worldwide. The firm has built a national reputation for defending the rights and careers of those who serve.

DISCLAIMER

This press release is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and applicable law. Reading this release does not create an attorney-client relationship. Individuals facing ROTC disenrollment or similar administrative action should consult qualified counsel for legal guidance regarding their particular circumstances.

 

Air Force Rescinds Family Days: Why Staying Current with Policy Matters More Than Ever

Posted on by Becky Haugen

As of April 9, 2025, the U.S. Air Force officially rescinded its standardized Family Days policy, giving unit commanders broader discretion in determining when time off can be granted. While this change may seem administrative, it underscores a critical legal point: discretionary leave is not entitlement and misunderstanding that distinction can put your career at risk.

Discretionary Time vs. Enforceable Policy

Discretionary leave, such as Family Days, has always been subject to command approval and operational needs. The rescinded policy clarifies that such days are no longer assumed or scheduled service wide. Commanders now tailor off-duty time based on local mission demands, which means past practices do not guarantee future time off.

This shift has serious implications for accountability and accurate time reporting. Service members must be vigilant in confirming their current leave status. Assuming time off is authorized based on outdated calendars or informal expectations can lead to misreporting service, potentially opening the door to administrative action or punitive measures.

When Misunderstanding Becomes Misconduct

There have been cases where discretionary time, once understood to be granted, was later deemed unauthorized under a revised interpretation or policy. In such cases, a service member who inaccurately reports duty status, intentionally or not, can be exposed to disciplinary proceedings, including loss of rank, benefits, or even separation from service.

These outcomes underscore a fundamental point in military law: policy is enforceable only as it currently stands and not as it was previously applied. Even well-meaning errors in understanding leave authorization can be construed as dereliction or falsification under the UCMJ if the service member fails to follow proper verification procedures.

What You Should Do

  1. Confirm Leave Approval – Always ensure leave is documented and approved through official channels.
  2. Stay Informed – Monitor command communications and policy updates through verified sources.
  3. Document Everything – Keep written confirmation of any discretionary time granted by your command.
  4. Seek Legal Guidance – If your leave status is in dispute or you’re facing administrative action, consult with a qualified military defense attorney immediately.

At The Law Offices of David P. Sheldon, PLLC, we have successfully defended service members facing complex and high-stakes administrative and disciplinary actions. We understand the nuances of military policy changes and how they impact your rights, rank, and retirement.

About the Law Offices of David P. Sheldon, PLLC:
Based in Washington, D.C., our firm is nationally recognized for its legal defense of service members across all branches of the military. From courts-martial and administrative separation to MEB/PEB hearings and wrongful discharge claims, we defend the rights and careers of those who serve.

Learn more: www.militarydefense.com
Serving Clients Worldwide, Based in Washington, DC

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.