BCMR Case Results
The Army Board for Correction of Military Records removed a reprimand and assignment restriction code from our client’s official personnel record for being unjust. The client, a promotable warrant officer, was falsely accused by his vindictive ex-wife of physically and sexually assaulting her. Several boards of inquiry cleared him of these allegations, yet the reprimand remained. This is a step in the right to direction to ensure our client keeps the promotion he deserves! Additionally, in an interesting twist of fate, the general officer who issued the reprimand is now himself under investigation.
An Air Force Academy cadet was on the verge of graduating when he was discharged with a General Under Honorable conditions for minor misconduct and an honor code violation. The firm’s requested an upgrade to an Honorable discharge based on clemency, as the client had proven himself worthy for 20 years. The Air Force Board of Corrections for Military Records granted the request and not only upgraded the client’s discharge to Honorable, it also changed the reason for separation to secretarial authority.
After a contested hearing at Walter Reed Military Medical Center, Bethesda, Maryland, Mr. Sheldon and his military co-counsel were able to convince the enlisted sailor’s commanding officer to approve a General rather than an Other Than Honorable Discharge based upon incorrect findings of the separation board.
Mr. Sheldon successfully achieved a discharge upgrade from the Navy Discharge Review Board (NDRB) on behalf of a client who had been separated with a bad conduct discharge for drug-related issues. The NDRB upgraded the discharge to a General (under honorable conditions) based materials submitted by Mr. Sheldon on the applicant’s behalf that emphasized the applicant’s post-service conduct and argued that the misconduct was a departure from the applicant’s otherwise good character. The upgrade may now open the door to various important benefits the applicant would have been denied due to a bad conduct discharge.
After years of persistence, the ABCMR granted favorable relief for an Army chaplain who had been unjustly issued a negative Officer Evaluation Report (OER) and denied promotion to colonel. The Law Offices of David P. Sheldon initially submitted an application to the ABCMR requesting immediate removal of the OER that the Board denied in 2012. The Law Offices of David P. Sheldon then filed suit against the Secretary of the Army in the United States District Court for the District of Columbia, challenging the ABCMR’s decision on grounds that is violated federal law. The court agreed and returned the case to the ABCMR. The Law Offices of David P. Sheldon continued to press the ABCMR for favorable relief and ultimately the ABCMR found that the OER was indeed unjust, ordered redaction of all adverse language from the report, and directed that the chaplain be reconsidered for promotion to colonel based upon a corrected record.
The Law Offices of David P. Sheldon successfully petitioned the Army Board for the Correction of Military Records for the Army to relieve their client’s outstanding ROTC scholarship debt. Due to health problems, the cadet could not complete satisfactorily complete the program’s physical fitness requirements. The Army stopped paying the cadet’s tuition while the university still allowed her to remain in school. As a result, the university sought substantial tuition reimbursement from the cadet. After filing an application to the ABCMR, the Board found the cadet’s benefits unjustly had been suspended and corrected her records to reflect that she had remained in the ROTC program. The corrections resulted in the Army paying the cadet’s outstanding debt with the university.
The Naval Discharge Review Board upgraded a client of the Law Offices of David P. Sheldon, upgrading the Marine’s discharge from an Other Than Honorable to a General Under Honorable.
Mr. Sheldon appeared before the Naval Discharge Review Board (NDRB) on behalf of a former Marine who had received a General (Under Honorable Conditions) (on a paper review the DRB had already upgraded the Marine from an Other than Honorable to a General) discharge for reason of misconduct several years earlier. Before the Board convened, Mr. Sheldon submitted a comprehensive memorandum with supporting exhibits to the Board members detailing the Marine’s stellar post-service conduct and arguing for an upgrade to his discharge. After conducting a hearing in which the Marine testified along with two other witnesses about his case, the NDRB voted to upgrade the Marine’s discharge to Honorable. See the report here.
The Air Force Board for the Correction of Military Records (AFBCMR) granted favorable relief for a client who was removed from the Active Guard Reserve (AGR) program and discharged with 19 years of service. After the AFBCMR initially denied an application, Mr. Sheldon filed suit in the United States District Court for the District of Columbia. The court found that the AFBCMR had violated the Administrative Procedures Act and remanded the case to the AFBCMR for appropriate consideration. Mr. Sheldon submitted additional matters to the AFBCMR who determined that the client was the victim of an injustice. The Board awarded the client constructive credit for years missed and deemed him retired and placed on the rolls.
Mr. Sheldon appeared before the Naval Discharge Review Board (NDRB) on behalf of a former Marine who had received a General (Under Honorable Conditions) discharge for reason of misconduct several years earlier (on a paper review the NDRB had already upgraded the Marine from an Other than Honorable to a General). Before the Board convened, Mr. Sheldon submitted a comprehensive memorandum with supporting exhibits to the Board members detailing the Marine’s stellar post-service conduct and arguing for an upgrade to his discharge. After conducting a hearing in which the Marine testified along with two other witnesses about his case and the Marine, the NDRB voted to upgrade the Marine’s discharge to Honorable.
The Air Force Board for Correction of Military Records (AFBCMR) issued a favorable ruling on an application submitted by Mr. Sheldon on a former Air Force member’s behalf. Due to unfortunate events, the member had earlier submitted a voluntary request for separation and resigned his commission when he otherwise would have been entitled to disability processing. Mr. Sheldon submitted an application to the AFBCMR requesting, in part, that the member be retroactively placed on the Temporary Disability Retired List (TDRL) so he could be processed as if he had had not prematurely separated. The AFBCMR concurred, exercising its broad equitable authority and correcting the member’s records to show that, rather than being discharged, he had incurred a physical disability and was placed on the TDRL. The changes to his record entitled the individual to several years of back pay and other potential monetary benefits that he was not otherwise receiving. The AFBCMR’s decision emphasizes the importance of seeking relief before military correction boards and the power they have to remedy errors and injustices in service members’ records. The decision is available here.
Through Mr. Sheldon’s representation, the Board for Correction of Naval Records ruled in favor of a Navy lieutenant who had been discharged under Don’t Ask, Don’t Tell. The BCNR ordered the Navy to allow the lieutenant to re-commission and ordered the expungement of any adverse documents in the lieutenant’s Official Military Personnel File.
The Air Force Board for Correction of Military Records ruled in favor of one of Mr. Sheldon’s clients, an Air Force Tech Sergeant who had been wrongfully discharged. The Board ruled that the Tech Sergeant should have been placed on the Permanent Disability Retired List. He was awarded back pay and allowances since his discharge in 2006.
After Mr. Sheldon filed an application before the Army Board for Correction of Military Records challenging the Army’s recoupment of educational expenses from an Army physician in the amount of $65,000.00, the Army subsequently ceased all recoupment action and paid all monies back that has been wrongfully seized from the officer.
Mr. Sheldon represented an Army officer who had received an Other Than Honorable Discharge. After litigating the case, the Discharge Review Board upgraded his discharge to Honorable.
Through Mr. Sheldon’s efforts, a Reserve member of the Army was discharged honorably after applying to the Delay and Exemption Board on the basis of hardship and because he was deemed a “key employee.”
Through Mr. Sheldon’s efforts, an Army Major’s non-judicial punishment was removed from his OMPF and the Board for Correction of Military Records deemed the officer should be considered by a Special Selection Board.
The firm obtained a favorable decision on behalf of an Air Force officer before the Board for Correction of Military Records, removing a stigmatizing reason for discharge (personality disorder) and a separation code for favorable ones.
Before the Army Discharge Review Board, the firm obtained an upgrade in a soldier’s discharge from General to Honorable.