Tag: military record correction

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

Posted on by Becky Haugen

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.

Why Discharge Records Matter: GAO Report and Supreme Court Ruling Show Veterans Must Get It Right the First Time

Posted on by Becky Haugen

When service members leave the military, what gets written down on paper, especially in their discharge/separation records can shape the rest of their lives. Those documents can decide whether a veteran gets the health care they need, access to housing, a shot at a stable job, or the ability to attend college. The words printed on a DD-214 don’t just describe how someone left service. They become the gateway, or the roadblock to the benefits they’ve earned.

But what happens when those records aren’t complete? What if important details, like a PTSD diagnosis, sexual trauma, or a brain injury, weren’t included before they left the military? Can those facts be added later? Can justice be restored?

In 2025, two powerful updates made one thing very clear: veterans need to make sure their records are complete and accurate from the very start. First, the U.S. Government Accountability Office (GAO) released a major report showing that military discharge review boards are not following the rules. They’re supposed to give “liberal consideration” to veterans with service-connected trauma, but in practice, they’re not applying that rule fairly. In fact, the GAO found that veterans with similar circumstances were often treated very differently depending on which service branch handled their case. The Air Force Discharge Review Board, for example, approved just 18 percent of cases where liberal consideration should have been applied. Other boards, like the Army, approved closer to 49 percent. Even more troubling, many of these boards couldn’t explain why they made the decisions they did. Some didn’t even post the outcomes online, even though they’re required to do so.

Just a few months earlier, the Supreme Court ruled in Bufkin v. McDonough that the Department of Veterans Affairs can’t consider any new evidence if that evidence wasn’t already in the record at the time of the original benefits decision. This means that if a veteran had trauma, but it wasn’t properly diagnosed or wasn’t mentioned at all in their paperwork, the VA can’t go back and add that later. That door is now closed.

For veterans who’ve lived with PTSD, traumatic brain injuries, or military sexual trauma, this ruling is a wake-up call. Many didn’t speak up during service. Others weren’t diagnosed until years later. Some left the military under less-than-honorable conditions because of behavior linked to their trauma. These veterans have spent years trying to explain what happened, hoping to upgrade their discharge status and get access to care. But now, if their record didn’t include the right facts at the right time, they may be locked out of the system forever.

So what does all this mean? It means that the record, the discharge form, the medical files, the evaluations, and the testimony needs to be right the first time. Veterans can’t afford to wait and fix it later. The Supreme Court and the GAO have shown us that once the system decides, there’s often no turning back. That’s why getting legal help early matters so much. Lawyers who understand the discharge process can help veterans gather the right evidence, submit the strongest possible claims, and fight back when decisions don’t follow the law. They can help connect the dots between trauma and service, between symptoms and conduct, and between what a veteran lived through and what the military wrote down.

We’ve seen what happens when veterans don’t have the right records. We’ve also seen what happens when they do. With the right support and the full truth in hand, many are able to get their discharge status upgraded, their VA benefits restored, and their dignity returned. No one should be left behind because the paperwork didn’t tell their full story.

If you’re a veteran facing these challenges, or you know someone who is, now is the time to act. The rules have changed. The burden is higher on the veteran to assure their discharge records are accurate and complete.  It’s important to get it right with help from those who know how to work with the PEB, MEB, and the BCMR.

 

References and Resources

GAO Report – GAO-25-107354 (2025):
https://www.gao.gov/products/gao-25-107354

Bufkin v. McDonough, No. 22-883 (March 2025):
Supreme Court Opinion

Stars and Stripes Coverage:
https://www.stripes.com/veterans/2025-07-28/gao-finds-inconsistent-discharge-standards-18584037.html

DoD Clarification of Liberal Consideration (Hagel and Kurta Memos):
https://www.defense.gov/News/News-Stories/Article/Article/1292904/dod-clarifies-liberal-consideration-for-veterans-discharge-upgrade-requests/

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 recognized military and federal employment law firm. We defend service members’ rights in discharge upgrades, VA benefits, security clearance revocations, and correction of military records. With over 25 years of experience, we are committed to helping veterans and their families secure the justice and recognition they deserve.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Each case is different. Veterans seeking benefits or a discharge upgrade should consult a licensed attorney to discuss their individual situation.

Army Veteran Seeks Purple Heart, Combat Action Badge, and Medical Retirement in High-Stakes Legal Remand

Posted on by Becky Haugen

A decorated Army sergeant wounded in combat and medically separated with only partial recognition of his injuries is seeking long-overdue justice through a remand application now before the Army Board for Correction of Military Records (ABCMR). The veteran, who served two combat tours during Operation Iraqi Freedom, has petitioned for the correction of his military records to include a full medical retirement, retroactive award of the Purple Heart and Combat Action Badge, and all associated benefits.

The filing follows a recent Order by the United States District Court for the District of Columbia, which, on May 6, 2025, remanded the sergeant’s case back to the ABCMR for reconsideration. The Court acted on a joint motion between the veteran and the Secretary of the Army, acknowledging serious questions about the Army’s prior denials of relief.

Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the veteran argues that the Army failed to recognize or adequately rate multiple combat-related injuries, despite clear evidence of wounds sustained during enemy engagements, traumatic brain injuries (TBI), post-traumatic stress disorder (PTSD), and exposure to toxic burn pits.

“This remand is not just an opportunity to revisit the record, it’s a second chance to deliver long-denied recognition and justice to a soldier who risked everything for his country,” said Thayer. “The failure to properly document and award combat-related injuries continues to be a systemic issue that disproportionately affects those who served in high-risk environments without the benefit of thorough or consistent record-keeping.”

The veteran’s petition details incidents including a stabbing by an Iraqi combatant, repeated blast exposures, and a severe knee injury, as well as psychological trauma documented by the Department of Veterans Affairs as service-connected. Despite these facts, the veteran received only a 10% disability rating upon separation and was denied the awards that would typically accompany such injuries under Army Regulation 600-8-22.

The filing also invokes the “liberal consideration” standard under 10 U.S.C. § 1552(h), which requires that claims involving PTSD or TBI related to combat be reviewed with deference to the service member’s experience and credible evidence.

Thayer added, “If this veteran had remained with his original unit a few months longer, he likely would have received the Combat Action Badge when it was retroactively issued. The only thing that separated him from eligibility was paperwork, not merit or service.”

The ABCMR is now tasked with reconsidering the veteran’s application in light of the Court’s order, new medical evidence, and expert findings. A favorable ruling could result in back pay, a corrected discharge status, and permanent disability retirement, a rare but vital remedy for service members whose sacrifices have been overlooked.

 

 

About the Law Offices of David P. Sheldon, PLLC
Located in Washington, DC, the Law Offices of David P. Sheldon, PLLC is a nationally recognized law firm specializing in military and federal employment law. The firm has successfully represented service members, veterans, and federal employees across all branches of the armed forces in matters involving courts-martial, security clearance appeals, military record corrections, medical retirement, and whistleblower protections. With decades of experience and a reputation for aggressive and principled advocacy, the firm is committed to defending the constitutional and statutory rights of those who serve.

Law Offices of David P. Sheldon, PLLC
(202) 546-9575
lhttps://militarydefense.com

 

DISCLAIMER:
This press release is for informational purposes only and does not constitute legal advice. The Law Offices of David P. Sheldon, PLLC does not represent the individual named in the remand application unless otherwise stated. Statements made herein are based on publicly filed legal documents and do not reveal confidential client information.

 

Navy Officer’s Federal Appeal Challenges Arbitrary Promotion Denial and Career-Saving Records Dispute

Posted on by Becky Haugen

Plaintiff Seeks Judicial Review After Navy’s Unjust Delay and Career Impact

A significant appeal has been filed with the U.S. Court of Appeals for the D.C. Circuit challenging the Navy’s prolonged delay and subsequent denial of a career-critical promotion, which the plaintiff argues occurred in direct violation of federal statute. Represented by Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the plaintiff, a decorated Navy Lieutenant, asserts that the Navy’s Board for Correction of Naval Records acted arbitrarily and capriciously by ignoring mandatory promotion timelines and mischaracterizing his service record.

At the heart of the case is the Navy’s failure to promote the plaintiff within the statutory deadline prescribed by 10 U.S.C. § 624(d)(5), which limits appointment delays to 18 months. The plaintiff’s promotion was delayed nearly 21 months, a violation the Navy itself acknowledged but refused to remedy. Despite exemplary service and a family legacy of military dedication, the plaintiff’s promotion was denied, and he was subjected to an adverse personnel action stemming from a minor 2019 incident aboard the USS Howard, an incident which his command later agreed did not warrant separation from service. The District Court acknowledged the Navy’s statutory breach but held that no enforceable duty existed to promote the plaintiff. The appeal argues this interpretation defies both congressional intent and longstanding precedent affirming the obligation of correction boards to rectify such injustices.

“The Navy delayed this officer’s rightful promotion well beyond what Congress allows,” said Dylan Thayer, lead counsel. “The law is clear: such delays may not exceed 18 months, and when they do, the promotion should occurs by operation of law. Our client’s rights, and his career, have been unjustly compromised.”

The lawsuit also challenges the Navy’s decision to uphold a detachment for cause action, which alleged “gross negligence” despite the plaintiff maintaining a record of exceeding performance standards for much of his career, including multiple commendations.

“This case is not just about one officer’s career,” Thayer added. “It’s about ensuring that service members can rely on the laws Congress enacts to protect them from arbitrary administrative overreach.”

The appeal seeks to overturn the District Court’s ruling and compel the Navy to correct the plaintiff’s record and recognize his promotion as having occurred by operation of law.

 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 litigation firm representing service members and federal employees nationwide. The firm advocates in matters of military justice, administrative law, correction of records, security clearance defense, and federal employment disputes.

DISCLAIMER:

The information contained in this release is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.