PRESS RELEASE
Law Offices of David P. Sheldon PLLC
100 M St SE, Suite 600
Washington, DC 20003
(202) 546 9575
www.militarydefense.com
The Law Offices of David P. Sheldon obtains relief before the Coast Guard Board for Correction of Military Records for a former Seaman wrongfully discharged. In 2019, a former Seaman was wrongfully discharged with a General (Under Honorable Conditions) characterization after being administratively separated for alleged misconduct. After a long and decorated history of service, the former Seaman faced false allegations of an alleged Alcohol Incident and Abusive Sexual Contact, which led to an erroneous CGIS Investigation and eventually forced administrative separation.
In March of 2022, the Law Offices of David P. Sheldon applied on the former Seaman’s behalf to correct this error and injustice before the Coast Guard Board for Correction of Military Records (CGBCMR). On October 25, 2022, the CGBCMR issued an Advisory Opinion, which the firm comprehensively rebutted. In the rebuttal, the Law Offices of David P. Sheldon argued that relief should be granted because the Coast Guard’s failure to abide by its rules and policy of timely reading former Seaman his rights, providing an attorney, informing the accused of the proceeding against him, and informing of the right to appear before an Administrative Separation Board and allowing the accused to exercise that right was “arbitrary and capricious.” The Coast Guard’s failure to abide by its rules and policy also violated the former Seaman’s Fifth Amendment rights, Miranda rights, and Sixth Amendment rights.
On April 2, 2024, the CGBCMR agreed that the former Seaman’s discharge was an injustice requiring correction. The CGBCMR ruled that it was in the interest of justice to upgrade the applicant’s: (1) characterization of service from General (Under Honorable Conditions) to Honorable; (2) narrative reason for separation from “misconduct” to “secretarial authority”; and (3) reenlistment code from RE-4 to RE-3.
Our client now joins the ranks of the many service members who have had their rights successfully upheld by the Law Offices of David P. Sheldon.