Month: April 2025

Disappearance of FOIA Records and the Untold Story of Bureaucratic Delays

Posted on by Becky Haugen

When Records Disappear: The Fight for Truth in the Military FOIA System

The Freedom of Information Act (FOIA) was established to ensure transparency within federal agencies. However, systemic issues within the Department of Defense (DoD) have led to delays, incomplete disclosures, and, in some cases, the outright denial of information. These shortcomings have profound implications, especially for service members seeking justice or clarity regarding their records.​

A Veteran’s Perspective

Linda L. Tiller, a Senior Litigation Paralegal at the Law Offices of David P. Sheldon, PLLC, brings a unique perspective to this issue. With over 40 years of experience, including two decades with the Office of the Judge Advocate General, Appellate Defense Division, Tiller has witnessed firsthand the challenges within the FOIA process.​

She recalls:​

“Many government agencies don’t have preservation measures in place. I remember being told we had to save everything regarding a particular case; we had people scouring computer files, but nobody could figure out how to search the metadata, so in the end, it was deemed good enough. Agencies search where it should be, but that’s it. We were even encouraged to avoid emailing and have meetings or phone calls. Emails leave a paper trail. FOIA is the art of denying everything.”​

Tiller’s insights shed light on the systemic issues that hinder transparency and accountability within the DoD where service members are trying to solve a puzzle where critical information is missing. Many service members feel lost trying to get information from the Department of Defense (DoD) under the Freedom of Information Act (FOIA) where they are unable to get complete transparency, all of the records, and the full picture of their military records.​

A Father’s Quest for Truth

Take the story of Private First Class LaVena Johnson. She was a bright young soldier from Missouri, full of dreams and dedication. In 2005, while serving in Iraq, LaVena was found dead. The Army ruled it a suicide. But when her father, Dr. John Johnson, saw her body, he noticed injuries that didn’t align with that conclusion. He wanted answers. He filed FOIA requests to get the investigation records. The process was slow and frustrating. Important details were missing or withheld. Dr. Johnson felt like the system was keeping him from the truth about his daughter’s death.​

The Bigger Picture

LaVena’s story isn’t unique. Many service members and their families face similar challenges. They request records to understand decisions that affect their lives—like medical discharges, disciplinary actions, or benefits—but often encounter delays or incomplete information.

In some cases, officials have used apps like Signal to discuss military operations. These apps can delete messages automatically, making it hard to keep records. This practice raises concerns about transparency and accountability.​

Why It Matters

When the DoD doesn’t provide complete information, it can impact legal cases, benefits, and trust in the system. Service members deserve transparency. They’ve given their all for the country; the least they should expect is honesty and openness in return.​

Taking Action

If you’ve filed a FOIA request with the DoD and haven’t received a full response, you’re not alone. A group is organizing a Writ of Mandamus—a legal action to compel the DoD to fulfill its FOIA obligations. By joining, you can help push for the transparency that service members and their families deserve.​

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides experienced legal representation in military, federal employment, and national security matters. The firm’s attorneys are nationally recognized for their advocacy on behalf of service members, federal employees, and civilians navigating complex legal disputes within government agencies.

Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. If you need legal representation or assistance with a FOIA request, please contact a licensed attorney.

Sources

Air Force Civilian Paid Significant Multi Six Figure Settlement and Six Figure Attorneys’ Fees to Resolve Discrimination Case

Posted on by Becky Haugen

Law Offices of David P. Sheldon Secures Just Resolution Following EEOC Sign-Off

Washington, D.C. – April 18, 2025 — A federal civilian employee of the United States Air Force has reached a confidential settlement in a workplace discrimination case after the U.S. Equal Employment Opportunity Commission (EEOC) approved the agreement and formally dismissed the complaint with prejudice on April 16, 2025​.

The resolution followed a thorough and iterative review process by the EEOC administrative judge, who requested updates to the agreement language before ultimately granting approval. The complainant, an African American senior-ranking civilian employee, had alleged a hostile and discriminatory work environment stemming from repeated incidents involving her immediate supervisor. Claims included harassment on the basis of race and age, bullying, intimidation, and the creation of a toxic work environment​.

Annie Morgan, Senior Military Attorney with the Law Offices of David P. Sheldon, represented the complainant throughout the proceedings. “This settlement represents a meaningful conclusion to a deeply distressing chapter in our client’s federal service,” said Morgan. “She showed incredible courage by coming forward and asserting her rights. We are proud to have helped her obtain justice and preserve her professional reputation.”

The terms of the agreement include both a six-figure monetary compensation including reimbursement of attorney fees and restoration by various specific administrative remedies to be applied by the Air Force. In addition, the agreement includes provisions that support transparency and post-resolution compliance monitoring, ensuring the complainant’s dignity and rights are fully restored​.

While the exact financial terms of the settlement are confidential, the judge has issued a formal dismissal order, closing the case and granting the parties’ joint motion for resolution​.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides experienced legal representation in military, federal employment, and national security matters. The firm’s attorneys are nationally recognized for their advocacy on behalf of service members, federal employees, and civilians navigating complex legal disputes within government agencies.

Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com

 

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice or legal representation. If you or someone you know is facing injustice or abuse of authority within the federal government or military, consult a qualified attorney experienced in UCMJ and federal employment law.

Colorado’s SB25-279: What Service Members Need to Know About This Pending Military Justice Bill

Posted on by Becky Haugen

Colorado’s SB25-279: What Service Members Need to Know About This Pending Military Justice Bill

If you’re a service member living or training in Colorado, there’s a bill being reviewed right now that you should know about. It’s called Senate Bill 25-279, or SB25-279, and while it hasn’t been signed into law yet, it’s making its way through the Colorado Legislature.

So, what’s it about?

This bill would change how Colorado handles military justice for its National Guard and other state military forces. Right now, if a civilian district attorney decides not to press felony charges against a service member, that might be the end of it, at least on the civilian side. But under SB25-279, the state’s military leadership could still take action. That means you could face a court-martial through the state military system, even if the local DA says “no thanks” to filing charges.

That’s a big deal.

Even though this bill wouldn’t change federal law, it would bring Colorado’s state military code in line with the federal Uniform Code of Military Justice (UCMJ). The idea is to give Colorado’s military forces more tools to handle offenses internally. It would also expand what commanding officers in the state can do when it comes to punishment and discipline.

But let’s be clear: this isn’t law yet. It’s still a pending bill, and the Governor hasn’t signed anything. Until then, it’s just something lawmakers are debating. But if it does pass, it will start affecting military members on September 1, 2025 unless it’s challenged by voters in a future election​.

So, who does this apply to?

If you’re in the Colorado National Guard or another state military force, and you’re not on federal active duty orders (like Title 10), this bill would apply to you. It doesn’t matter if your home of record is in another state. If you’re serving in Colorado under state orders, then Colorado’s rules are the ones you need to follow.

And if you’re thinking, “Well, I’m on state duty, but I didn’t know I could be court-martialed by the state?” this is exactly why service members need to stay informed. Legal rules can shift fast, and what you thought only applied to the federal side might now apply at the state level too.

At The Law Offices of David P. Sheldon, PLLC, we represent service members across the country in both federal and military legal matters. While we’re not based in Colorado, we’re committed to helping military members stay up to date on new laws and policies like SB25-279 that could seriously impact your rights and career.

If you’re serving in Colorado and you’re unsure how this could affect you or if you’re facing legal concerns already it’s a good idea to speak with a military defense attorney who understands both the federal and state systems.

While it is important to follow the military rules and regional laws, it is also important to understand how the laws apply differently in regional justice and military systems.  SB-279 is one example of how the state is looking to update their states military judicial systems as it applies to service members in their state.

 About Us:
The Law Offices of David P. Sheldon, PLLC is a Washington, DC-based law firm that practices military and federal law nationwide. We provide legal defense and representation to service members in courts-martial, administrative hearings, and federal litigation. Our mission is to defend the rights of those who serve, wherever they serve.

Contact Us: www.militarydefense.com | (202) 546-9575

 

Disclaimer: This content is for informational purposes only. It is not legal advice and does not form an attorney-client relationship.

The Rank That Ruined Him: When Command Influence Crosses the Line

Posted on by Becky Haugen

The Rank That Ruined Him: When Command Influence Crosses the Line

It starts, sometimes, with something as ordinary as a handshake or a shared laugh on temporary duty.

For one West Point cadet, young, driven, and following the rules and it started on a trip to Hilo, Hawaii. Her superior officer, Col. William Wright, was not just a respected leader, he was her leader. She couldn’t have known then that his words, actions, and decisions would derail more than just trust in the system. They could have cost her everything.

Col. Wright, formerly director of the Geospatial Information Science Program at the U.S. Military Academy, faced charges for allegedly supplying alcohol to a cadet and making sexual comments during official travel. The legal saga that followed twisted through procedural delays and jurisdictional disputes,  until a military judge dismissed the case with prejudice in April 2025 due to a flawed retirement revocation and improper jurisdiction.

Legally, it’s over for Col. Wright.

But for the cadet at the center of it, justice likely never began.

The Problem: Power Without Accountability

One of the problems with how the military handles fraternization and undue command influence is the public often only hears the names of commanders involved. Rarely do they hear from the junior service members left reeling, often alone and punished by a system that pretends power dynamics are neutral.

Fraternization is not simply about who fraternized with whom, it’s about who had power, who controlled the situation, and who paid the price.

 When “Mentorship” Masks Manipulation

In case after case, we see this imbalance play out: a commander misuses their position under the guise of mentorship or familiarity. A junior enlisted soldier or cadet, trained to follow orders and show respect, tries to navigate an impossible terrain where saying “no” may risk retaliation, evaluation damage, or alienation in their unit.

But when the relationship crosses a line?

It’s the young service member, not the senior officer, who often faces:

  • Article 15 punishment
  • Administrative separation
  • Loss of benefits
  • In some cases, court-martial

Consent Is Complicated When Command Holds the Pen

Under UCMJ Article 134, fraternization is punishable because it risks good order and discipline. But legal nuance matters, and it’s time the military justice system reckons with the fact that true consent cannot exist in an environment dominated by command authority.

In any civilian court, power imbalance is often a mitigating or even exculpatory factor. The military must apply the same standard.

“If a young service member is told by their O-6 commander that they’re ‘special,’ or encouraged to spend time off-duty, or placed in isolated professional situations — the system must ask not what they did, but what choice they realistically had.”  David P. Sheldon, Founding Attorney

Article 37 of the UCMJ was created to prevent command interference in legal proceedings, yet it is almost never invoked in fraternization cases involving grooming or coercion. It should be.

What’s at Stake When the Law Gets It Wrong

The cadet in the Wright case has not been publicly named, rightly so. But it’s not hard to imagine what could have happened had procedural technicalities not derailed the charges.

If the command chose to protect itself…
If jurisdictional flaws hadn’t intervened…
If institutional preservation outweighed truth…

…the cadet’s career could have been extinguished.

Military careers don’t just end — they unravel.

  • A flagged file
  • Denied re-enlistment
  • Revoked GI Bill
  • Student loan repayment lost
  • A hollow DD-214 in place of retirement
  • And the mental toll? Lifelong

Let the Legal Burden Match the Rank

This isn’t about condemning all commanders. It’s about accountability and proportional justice.

“When officers cross the line, the weight of that misconduct shouldn’t fall on the shoulders of the most vulnerable. Let’s stop pretending rank doesn’t matter in relationships. Let the law and the culture evolve.”  David P. Sheldon, Military and Federal Defense Attorney

Because sometimes, a single compliment can cost a cadet everything. And sometimes, the wrong uniform walks away untouched.

Citation

Military Times, “West Point colonel’s court-martial dismissed over retirement revocation issue”, April 5, 2025. https://www.militarytimes.com/news/2025/04/05

 About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, based in Washington, DC, is a premier military and federal employment law firm. The firm represents service members and federal employees in complex matters ranging from court-martials and administrative separation to medical retirement, security clearance revocations, and appeals before the Boards for Correction of Military Records.

With over 30 years of experience, David P. Sheldon and his team fight for those who serve, protecting rights, restoring dignity, and pursuing justice across all branches.

www.militarydefense.com
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice or legal representation. If you or someone you know is facing injustice or abuse of authority within the military, consult a qualified attorney experienced in UCMJ and federal employment law.

Legal Victory for USPHS Commander Denied DOJ Representation

Posted on by Becky Haugen

WASHINGTON, D.C. (April 14, 2025) – The Law Offices of David P. Sheldon, PLLC, a Washington, D.C.-based military and federal employment law firm, announces the successful resolution of a significant case involving a United States Public Health Service (USPHS) Commander who was personally sued for actions taken in the course of his federal duties.

The Commander had signed a lease agreement for a warehouse in furtherance of a government mission. Despite the agency’s approval and continued payment of the lease by the government for over two years, the agency later vacated the property and ceased payments. The property owner filed a personal lawsuit against the Commander in state court.

When the Commander requested legal representation from the Department of Justice (DOJ) under 28 C.F.R. § 50.15, the request was never acted upon. Without the representation to which he was entitled, the Commander was left to defend himself in court and was ultimately held liable.

With legal representation by Dylan Thayer of the Law Offices of David P. Sheldon, the Commander filed suit in the United States Court of Federal Claims, asserting the government’s failure to follow required procedures. The case was ultimately resolved through a negotiated settlement, and the matter was dismissed with prejudice, bringing long-overdue closure for the officer and reinforcing the protections owed to federal personnel.

“This case reflects the real-world consequences federal employees face when agencies don’t fulfill their legal obligations,” said attorney Dylan Thayer. “We’re honored to have helped this Commander secure justice.”

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, PLLC, located in Washington, D.C., defends military service members and federal employees nationwide in both civil and criminal matters. The firm has decades of experience handling courts-martial, administrative boards, security clearance cases, and high-stakes federal litigation. Its attorneys are committed to safeguarding the rights of those who serve.

Contact Us:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600
Washington, DC 20003
202-546-9575
MilitaryDefense.com

 

Disclaimer:
This press release is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Each case is unique and results may vary depending on specific facts and legal circumstances.

 

 

Over 800 Law Firms Join Forces to Defend Constitutional Advocacy Rights in DOJ Retaliation Case Against Jenner & Block

Posted on by Becky Haugen

The Law Offices of David P. Sheldon stands in solidarity with 806 other firms nationwide in a sweeping amicus brief filed today in the United States District Court for the District of Columbia. The brief supports Jenner & Block LLP in its legal challenge against a March 25 Executive Order issued by the current Administration, which imposes punitive sanctions against the firm for its client advocacy work.

The Law Offices of David P. Sheldon, a Washington, D.C.-based litigation firm focused on military and federal law, joined this powerful coalition of law firms who argue the Executive Order represents a “grave threat to the rule of law and our constitutional system of governance”​.

“The retaliation we are witnessing against Jenner & Block—and previously against Perkins Coie, WilmerHale, and others—is nothing less than an abuse of executive power aimed at silencing lawful advocacy,” said David P. Sheldon, founder of the firm. “We are proud to stand with hundreds of our colleagues to affirm that the independence of the bar must not be undermined by political agendas.”

The amicus brief, officially titled Brief of Amici Curiae of 807 Law Firms in Support of Plaintiff’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief, underscores that the Executive Order:

  • Revokes security clearances from law firm personnel,
  • Denies access to federal facilities and contracts,
  • Allegedly punishes the firm for pro bono activities that “undermine justice and the interests of the United States”​.

Lawyers from across the political and professional spectrum warn that such actions will chill protected First Amendment activities and erode public access to legal representation.

“We’ve reached a constitutional crossroads,” Sheldon said. “If we allow government retribution against law firms based on who they represent, we dismantle the very foundation of equal justice under law.”

This brief follows similar filings in the Perkins Coie and WilmerHale cases and reflects growing concern in the legal community over executive orders targeting law firms based on their client portfolios.

Contact:

The Law Offices of David P. Sheldon
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com

Legal Disclaimer:
This press release is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Individuals or organizations seeking legal representation should contact a qualified attorney.

 

Law Offices of David P. Sheldon Wins Workplace Separation Dispute

Posted on by Becky Haugen

Law Offices of David P. Sheldon Supports Northern Virginia Professional in Workplace Separation Dispute

Washington, D.C. — The Law Offices of David P. Sheldon, PLLC, recently assisted a Northern Virginia professional in navigating a last-minute employment dispute tied to her resignation from a long-time position. Despite years of loyal service and a clean track record, the employee faced unexpected resistance during her transition to a new opportunity, illustrating a broader issue in employment law: the vulnerability of workers at the point of separation.

The client had devoted years to her role and operated with a high level of personal integrity and trust in her workplace. However, when she made the personal decision to accept a new position elsewhere, she encountered pushback related to her accrued benefits, despite what she believed to be a well-established pattern of work and mutual understanding with her employer.

As is often the case with some organizations or informal workplaces, policies were not consistently enforced or documented. This client’s situation underscores the challenges employees can face when leaving a position, even under positive circumstances. Legal protections exist for earned compensation and workplace fairness, but asserting those rights can be daunting, especially for individuals who are conflict-averse or unaccustomed to legal advocacy.

“Our client had served her institution faithfully for years,” said Annie Morgan, Virginia and Senior Attorney at the Law Offices of David P Sheldon. “She simply wanted to exit with dignity and retain what she had earned through hard work and commitment. Unfortunately, these moments, right before departure, are when we sometimes see long-serving employees treated unfairly.”

With swift legal support, the firm worked with her to bring clarity to the situation, protect her rights, and help her part ways on terms that reflected her service. In gratitude, she offered the following five-star review:

“David and his team assisted me with a difficult and stressful self-chosen separation from my employer. The entire group was thoughtful, supportive, prompt and worked within a very limited timeline. I am extremely grateful for their dedication and generosity.”

This case reflects the importance of knowing your rights when leaving a position, especially for long-term employees accustomed to informal agreements or verbal understandings. Legal support can ensure that decades of hard work are respected, and that transitions are handled fairly and lawfully.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally respected law firm representing service members, federal employees, and civilians in complex legal matters across the country. The firm’s employment law practice includes workplace separations, wrongful terminations, and disputes over compensation, benefits, and contracts. Known for its strategic counsel and client-centered approach, the firm empowers individuals to protect their livelihoods and their legacies.

Contact:
Law Offices of David P. Sheldon, PLLC
Phone: (202) 546-9575
Website: www.militarydefense.com

Disclaimer

This release is intended for informational purposes only and does not constitute legal advice. Employment law varies by jurisdiction and circumstance. If you are experiencing a workplace issue or dispute, consult a qualified attorney to assess your legal rights and options.

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.

Testimonial: Client Praises Law Offices of David P. Sheldon for Skilled Advocacy in Federal Background Investigation Appeal

Posted on by Becky Haugen

FOR IMMEDIATE RELEASE
Washington, D.C. – The Law Offices of David P. Sheldon has received high praise from a client following the firm’s effective legal representation in a challenging background investigation appeal involving a federal agency.

In a heartfelt testimonial, K.F. expressed deep appreciation for the firm’s legal guidance and tireless advocacy, noting the team’s professionalism and dedication throughout the case.

“Despite the agency’s reluctance to render a favorable decision, Mr. Sheldon’s team rolled up their sleeves and worked diligently on my case,” said K.F. “Ashleen exhibited meticulous attention to detail and extensive knowledge, ensuring the issue was resolved efficiently and on time.”

K.F. highlighted the firm’s ability to deliver results even in complex cases involving federal protocols. The client also praised the firm’s successful handling of an earlier adverse action affecting a family member, further demonstrating the legal team’s strong litigation skills and client commitment.

“Their skills as litigators are commendable,” K.F. added. “I highly recommend their services to anyone seeking prompt and practical assistance.”

About the Law Offices of David P. Sheldon
Located in Washington, D.C., the Law Offices of David P. Sheldon is nationally recognized for its excellence in military and federal employment law. The firm represents service members, federal employees, and civilians in courts-martial, security clearance appeals, medical and disability retirement cases, and other complex legal matters. Known for its tenacity and deep legal knowledge, the firm is committed to protecting the rights and careers of its clients.

To learn more, visit www.militarydefense.com or contact the office at (202) 546-9575.

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.