Tag: veterans’ rights

Army Officer Files for Correction of Military Records After Career-Ending Injustice

Posted on by Becky Haugen

Army Commander Files for Correction of Records

Attorney Dylan Thayer of The Law Offices of David P. Sheldon, PLLC filed a petition on behalf of a former U.S. Army officer, seeking long-overdue correction of her military records. The filing alleges that administrative delays, wrongful documentation, and unjust proceedings led directly to the premature end of the officer’s Army career.

The case centers on the Army’s mishandling of a General Officer Memorandum of Reprimand (GOMOR) issued in 2017. Although the officer accepted responsibility and demonstrated years of exemplary service afterward, including letters of support from commanding officers and strong performance reviews, her record was never corrected in time to prevent an unfair separation. Even the issuing general later confirmed that the reprimand had “served its intended purpose” and should have been removed.

Despite this, bureaucratic delays allowed the reprimand to influence promotion and retention boards, effectively ending the officer’s military service in 2021. The filing argues that the Army Board for Correction of Military Records must now grant relief, including reinstatement, retroactive promotion consideration, and the removal of the unjust reprimand.

“This case is about fairness, justice, and the Army’s duty to uphold its own regulations,” said Dylan Thayer, counsel for the officer. “Our client gave years of honorable service and demonstrated rehabilitation, yet her career was cut short by administrative errors that the Army itself acknowledged were unjust.”

The petition also details the severe toll the separation has taken on the officer’s mental health, including treatment for post-traumatic stress disorder, anxiety, and depression. Advocates argue that correcting her record is not only required by law but essential to restoring the integrity of the Army’s personnel system.

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 matters involving military justice, medical boards, security clearance actions, and corrections of military records. With decades of experience, the firm is committed to protecting the rights and careers of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship with the Law Offices of David P. Sheldon, PLLC.

Air Force Veteran Wins Long-Fought Battle to Restore Her Honorable Service

Posted on by Becky Haugen

Airforce Image of Uniforms

After nearly a decade of fighting to correct an injustice, a former Airman Basic has finally succeeded in having her military discharge upgraded to “Honorable.”

The Airmen enlisted in the U.S. Air Force in 2012, where she excelled serving in Germany supporting Patriot Express missions. Her career trajectory shifted, however, after a transfer stateside in 2015. There she endured domestic abuse at the hands of her spouse and faced a devastating lack of support from her chain of command. Instead of receiving protection, the Airman was pushed into marital counseling that worsened her trauma.  The abuse, combined with untreated medical issues, led to severe sleep disorders and adjustment disorder with depression. These conditions caused her to be late for work on multiple occasions, incidents her command labeled as “misconduct (minor infractions).” She was separated with a “General” discharge, stripping her of the full recognition and benefits.

Despite this, the Airman never gave up. She built a successful civilian career, proving that the issues she faced were rooted in circumstances beyond her control—not a lack of dedication or ability. She then pursued every available appeal, courageously telling her story to military review boards even after initial denials.

On May 29, 2025, the Air Force Discharge Review Board voted to correct the injustice. The Board found her prior characterization inequitable, upgrading her discharge to Honorable, changing her narrative reason to Secretarial Authority, and revising her reentry code.

“She carried this stigma for years, but knew her service was honorable,” according to her attorney< David P. Sheldon, who represented her before the Board. “This upgrade means the record finally reflects the truth.”

Her persistence not only restores her dignity but also highlights how survivors of abuse and trauma within the ranks are too often punished instead of supported.

The case was part of the Johnson et al. v. Kendall class action settlement, which required the Air Force to review thousands of discharges under more compassionate standards of equity and clemency

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 nationwide. The firm is dedicated to ensuring fairness in military justice, protecting veterans’ rights, and correcting injustices in service records.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Outcomes vary based on specific facts and legal circumstances. Past results do not guarantee future outcomes.

VA Disability Calculator Errors and Supreme Court Ruling Put Veterans’ Ratings at Risk

Posted on by Becky Haugen

This year, veterans across the country were surprised to learn that the VA’s online disability calculator, something many rely on to estimate benefits has been giving incorrect results. A recent report by Stars and Stripes revealed that flaws in the system may have caused veterans to receive the wrong combined disability rating. That could mean thousands of dollars in lost compensation for those affected.

The VA acknowledged the issue but hasn’t announced a system-wide fix to correct the miscalculations. This is deeply troubling, especially now that the U.S. Supreme Court has issued a decision that makes it harder than ever to fix these mistakes after the fact.

In March 2025, the Supreme Court issued a ruling in Bufkin v. McDonough, 601 U.S. ___ (2025). The Court decided that VA decisions can only be overturned if they meet the extremely high bar of a “clear and unmistakable error,” also known as a CUE. That means even if the VA made a mistake in calculating your disability rating, you can’t just appeal the decision unless you can prove it was obviously and unquestionably wrong.

You can read the Supreme Court’s docket entry here:
https://supreme.justia.com/cases/federal/us/604/23-713/

The recent problem with the calculator combined with this ruling puts the burden entirely on the veteran. You must now catch and fix rating errors early, before the VA finalizes its decision. Once your claim is denied or granted with the wrong rating, you may have little to no recourse.

Why is this so important? Your VA disability rating affects not only your monthly tax-free payments but also your access to healthcare, housing programs, education benefits, and your eligibility for military retirement benefits. For example, the difference between a 90% and a 100% rating can amount to more than $1,000 per month and over a lifetime, this can mean tens of thousands of dollars in lost benefits.

Now more than ever, legal experts urge veterans, service members, and federal employees to take action to ensure their ratings are accurate. First, request a full copy of your VA claims file, also known as a C-file. This file includes all documents used to decide your case. Review your medical ratings, award letters, and the VA’s decision explanation. This is your first line of defense.

Next, don’t rely on the VA’s online tools. Use trusted independent resources like https://www.dav.org/disability-calculator to double-check how your disabilities were combined. VA math uses a formula that isn’t simple addition, and errors in the calculator have already affected many veterans.

If you find an error in your rating or award decision, you should file a correction immediately. Veterans can submit a Supplemental Claim using VA Form 20-0995, which is available online at: https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf  The earlier you act, the more options you will have. Waiting too long can result in permanent loss of benefits.

Finally, consider seeking legal support. A VA-accredited attorney or representative can review your case, help you gather supporting evidence, and ensure your paperwork is accurate and complete before you submit it. Under the Supreme Court’s Bufkin decision, the window for correcting errors is now narrower than ever before.

As Attorney David P. Sheldon explains, “If you’re a veteran relying on a rating from the VA’s calculator, now is the time to double-check everything. Because under Bufkin, even honest mistakes might not be fixable after the fact.”

The takeaway is clear: every veteran must now approach their initial disability claim as if it’s their only chance to get it right. The legal system is no longer positioned to correct missteps made along the way, even when those missteps aren’t your fault.

For additional information on how the VA processes appeals and claim reviews, visit https://www.va.gov/decision-reviews/. For independent help from a nonprofit, the Veterans Consortium Pro Bono Program offers free legal assistance to qualifying veterans at https://vetsprobono.org.

 

About the Law Offices of David P. Sheldon, PLLC
Based in Washington, DC, we are a nationally recognized law firm focused on protecting the rights of military service members, veterans, and federal employees. We help clients fight unjust discharges, benefit denials, security clearance revocations, and more.

Contact the Law Offices of David P Sheldon, PLLC  https://militarydefense.com

Disclaimer
This educational post does not constitute legal advice. Every claim and rating situation is unique. Veterans are encouraged to speak with a qualified attorney to review their individual cases.

Federal Complaint Filed Over Denial of Education Benefits

Posted on by Becky Haugen

Retired Navy Commander Files Federal Complaint Over Denial of Education Benefits

Washington, D.C. – February 4, 2025 – A retired U.S. Navy Commander with nearly three decades of service has filed a federal lawsuit in the U.S. District Court for the District of Columbia (Civil Action No. 1:25-cv-00324) against the Acting Secretary of the Navy, challenging the denial of Post-9/11 GI Bill education benefits for his children.

The complaint alleges that the Commander, who was eligible for reserve retirement as of 2008, was improperly denied the right to transfer education benefits due to errors by the Navy and inadequate counseling regarding eligibility requirements. Despite fulfilling all criteria outlined by Department of Defense and Navy regulations, he was misinformed that additional years of service were required. Acting on this misinformation, the Commander extended his service commitment but later retired in 2015 to address urgent family needs, including supporting a child with autism enrolled in the Navy’s Exceptional Family Member Program.

The lawsuit claims the denial of benefits was arbitrary, capricious, and inconsistent with established military regulations and past Board for Correction of Naval Records precedents. The Commander asserts that other service members in similar situations were granted relief and that his case deserves the same outcome.

“This case is about ensuring fairness for service members who have dedicated their lives to this country and holding the Navy accountable for fulfilling its commitments to military families,” said a Dylan Thayer the Commander’s legal representative.

The complaint asks the Court to remand the case for a new review, recognize the Commander’s eligibility to transfer education benefits, and correct his military records to reflect that eligibility. The case is being handled by the Law Offices of David P. Sheldon, PLLC, a firm specializing in military justice and veterans’ rights.

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Law Offices of David P. Sheldon, PLLC
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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.