GOMOR Rebuttals

GOMOR Rebuttals, Filing, and Appeal

Receiving a General Officer Memorandum of Reprimand (GOMOR) is a critical moment in a Soldier’s career, signifying an alleged failure to comply with military standards or policies. As a formal reprimand issued by a General Officer, GOMORs not only document misconduct but also carry substantial consequences, potentially affecting one’s military career permanently if filed in the Official Military Personnel File (OMPF). It is crucial for Soldiers to understand the magnitude of a General Officer Memorandum of Reprimand, often associated with misconduct such as inappropriate sexual relationships, sexual harassment, counterproductive leadership, and other violations.

Addressing a GOMOR requires a strategic approach, emphasizing the Soldier’s rights and the importance of crafting a comprehensive rebuttal. The rebuttal process allows for the presentation of evidence and arguments to contest the General Officer Memorandum of Reprimand. Soldiers must familiarize themselves with regulations and AR 600-37 to navigate this complex landscape effectively. This guide aims to provide an overview for dealing with a GOMOR, from understanding its implications to exploring the avenues for appeal and removal, ensuring Soldiers are well-equipped to safeguard their careers.

What is a GOMOR

A General Officer Memorandum of Reprimand (GOMOR) is a formal administrative tool used within the Army to address misconduct or substandard performance by a Soldier. This document serves as a serious reprimand and can be filed either in the Soldier’s permanent file or locally. If filed locally, the GOMOR may be removed after the Soldier changes duty stations or after three years, whereas a permanently filed General Officer Memorandum of Reprimand remains in the Army Military Human Resource Record (AMHRR) and is visible to the Army Human Resources Command and promotion boards.

GOMORs are issued by General Officers and can be for various types of misconduct, including both military and civilian offenses. The letter details the alleged misconduct with supporting evidence, such as military or civilian police reports. It’s not a punishment, per se, but rather a document that records the facts of the misconduct, notifies the Soldier, and provides an opportunity to respond.  However, it could result in ending a Soldier’s career.

The process and authority for issuing and managing GOMORs are governed by AR 600-37. Any General Officer has the authority to issue a General Officer Memorandum of Reprimand, regardless of the recipient’s unit, making it a powerful and widely applicable tool within the Army. Understanding the implications and the administrative nature is essential for all Army personnel, as it can significantly impact a Soldier’s career trajectory and opportunities within the military.

Consequences of a GOMOR

Impact on Career Progression and Status

    1. Promotion and Evaluations: Receiving a GOMOR can severely hinder a Soldier’s chances for promotion and negatively impact their NCOER/OER evaluations. This can stall a military career, making progression through ranks difficult or impossible.
    2. Visibility and Longevity: A locally filed GOMOR is visible only to the Soldier’s chain of command and is removed after a change of duty station or after 3 years. In contrast, a permanently filed General Officer Memorandum of Reprimandremains in the Army Military Human Resource Record (AMHRR), visible to the Army Human Resources Command and promotion boards, potentially affecting career opportunities indefinitely.

Administrative Actions and Separation

  • Administrative Reviews and Actions: The issuance of a General Officer Memorandum of Reprimand often triggers various administrative reviews and can be a precursor to more serious administrative actions to include administrative separation at a Qualitative Management Program(QMP)Board due to unfavorable information in the Soldier’s permanent file.
  • Basis for Separation: Particularly for officers, a GOMOR can serve as a basis for administrative separation from the service, affecting not only current status but also future civilian career opportunities and benefits.

Effects on Personal and Professional Life

  • Flagging and Restrictions: Soldiers who are flagged are typically unable to participate in Permanent Change of Station (PCS) or promote, often being perceived as guilty until proven innocent, which can tarnish their reputation and morale.
  • Consequences of Non-Rebuttal: Neglecting to effectively rebut can be seen as an acceptance of the allegations, potentially leading to severe consequences such as administrative separation or the end of a military career. This emphasizes the critical nature of the rebuttal process in defending one’s record and maintaining career viability.

Filing Options and Decisions

When confronted with a GOMOR, understanding the filing options is crucial for managing its impact on your military career. Commanders have two primary choices for filing: either in the performance section of the Army Military Human Resource Record (AMHRR) or locally within the Soldier’s current unit.

Permanent vs. Local Filing

  1. Permanent Filing in AMHRR: If the GOMOR is filed permanently in the AMHRR, it becomes a part of your permanent military record. This action requires a General Officer’s order and is visible to promotion boards and future commands, potentially affecting long-term career progression. It can also lead to administrative separation through QMP.
  2. Local Filing: Alternatively, it can be filed locally at your current unit. This option is generally less severe, as the memorandum will only be held for up to 18 months or until you are reassigned to another general court-martial jurisdiction. Local files are not visible to the Army Human Resources Command or promotion boards, providing a chance to mitigate long-term career impacts.

Rights and Rebuttals

Upon receiving a General Officer Memorandum of Reprimand, Soldiers have specific rights and a critical opportunity to submit a formal rebuttal. This rebuttal is essential as it allows the individual to address the allegations and potentially influence the final filing.

Understanding Your Rights

When notified of a GOMOR, Soldiers are entitled to review all documentation that forms the basis of the reprimand. This right ensures transparency and provides the necessary context to formulate an effective response. Furthermore, each Soldier has a designated period, typically 7 to 10 days, to prepare and submit this rebuttal.

Seeking Professional Assistance

Given the potential career implications of a GOMOR, consulting with a military defense lawyer can be invaluable. These professionals can assist in understanding the nuances of military law, ensuring that your rebuttal is comprehensive and well-structured. Proper legal representation can significantly enhance the quality of your rebuttal, potentially leading to a more favorable outcome.

Responding to a GOMOR

When faced with a General Officer Memorandum of Reprimandit’s crucial to understand the rights and the process of crafting an effective rebuttal. Upon receipt, Soldiers are granted a minimum of seven days to respond, with an extended period of 30 days for U.S. Army Reservists and Army National Guard members. The response should focus on denying the allegations or advocating for the reprimand to be filed in a local or restricted file.

Preparing Your GOMOR Rebuttal

A robust General Officer Memorandum of Reprimand rebuttal should directly address the facts presented in the General Officer Memorandum of Reprimand and provide mitigating evidence. It is advisable to include:

  1. Sworn statements from witnesses.
  2. Photographic evidence, if applicable.
  3. Character letters and accolades received.
  4. Relevant portions of Officer Evaluation Reports (OERs) or Non-commissioned Officer Evaluation Reports (NCOERs).
  5. Any applicable court judgments or legal documents.
  6. Officer Record Briefs or Enlisted Record Briefs that highlight career accomplishments.

Crafting a Strategic Response

  1. Address the Allegations: Clearly address the underlying facts and provide mitigating evidence to challenge the reprimand.
  2. Legal Representation: Consult with an experienced military lawyer who understands the nuances of military law and the mindset of a general officer. This professional can help tailor your response to influence the decision towards a local filing or complete dismissal.
  3. Character References and Documentation: Compile a list of character references and gather all relevant documents such as Officer Record Briefs, Enlisted Record Briefs, or any commendations that showcase your career achievements and personal character.

Review and Decision by the General Officer

The general officer will review the submitted materials in the GOMOR rebuttal, taking into account your response and the evidence provided. This review is crucial as it determines whether the it will be filed permanently, locally, or not at all. The cover memo, prepared with the assistance of your lawyer, plays a pivotal role in presenting your case effectively to the commanding officer. This document should articulate a compelling narrative that highlights your years of service, sacrifices, and contributions, aiming to sway the decision in your favor.

Each step in responding is critical and should be approached with thorough preparation and strategic planning, considering both immediate impacts and long-term career implications.

Appeal and Removal Process

Understanding the Appeal Process

The Department of the Army Suitability Evaluation Board (DASEB) is the primary authority for appealing a General Officer Memorandum of Reprimand. Soldiers can request the removal or transfer from their Army Military Human Resource Record (AMHRR) if they believe it was improperly filed or if they have substantial evidence to challenge its validity. The appeal process is rigorous, requiring clear and convincing evidence to prove that the information is either untrue or unjust.

Steps for Filing an Appeal

  1. Initiate the Appeal: Contact DASEB to start the appeal process. This must be done promptly to ensure timely consideration.
  2. Submit Supporting Documents: Provide all relevant documents, including any new evidence or testimonials that support the case for removal or amendment.
  3. Legal Representation: It is highly advisable to engage with an experienced military lawyer who can help review the evidence, formulate the legal arguments, and ensure that all procedural requirements are met.

Outcomes of the Appeal

The DASEB reviews all submissions and makes a recommendation based on the evidence provided. If the board finds the appeal valid, the GOMOR may be removed, altered, or transferred to a restricted section of the AMHRR, which is less damaging to the soldier’s career. However, it’s important to note that the standard for removal is stringent, and not all appeals will result in the removal of the General Officer Memorandum of Reprimand.

Conclusion

Through this article, we’ve navigated the complexities of receiving a General Officer Memorandum of Reprimand and underscored the critical importance of understanding its implications on a Soldier’s career. The rights afforded to Soldiers, coupled with the strategic execution of a rebuttal, form the cornerstone of an effective defense against the potentially career-altering effects of a General Officer Memorandum of Reprimand. By highlighting the nuances of the rebuttal process and emphasizing what the rebuttal should focus on, we’ve laid out a roadmap for those seeking to mitigate the impact of such reprimands, emphasizing the pivotal role of an informed response in guarding against unfavorable outcomes.

As we conclude, it’s crucial for Soldiers facing a GOMOR to recognize not just the immediate implications but also the long-term repercussions of this formal reprimand on their military careers. Seeking professional guidance and crafting a well-thought-out rebuttal cannot be overstated in its importance. To navigate these challenging waters with the expertise and consideration your situation warrants, it’s advisable to schedule a consultation to discuss your particular General Officer Memorandum of Reprimand. This crucial step ensures that every individual is equipped with the necessary resources and support to address a General Officer Memorandum of Reprimandeffectively, striving for a resolution that best supports their career continuation and progression within the military framework.

FAQs

  1. How does a Letter of Reprimand and a General Officer Memorandum of Reprimand differ?
    A Letter of Reprimand (LOR) can be issued by a commander and can be filed either locally or in your permanent personnel file and is considered “unfavorable information.” In contrast, a General Officer Memorandum of Reprimand (GOMOR) is a specific type of LOR issued by a General Officer to a Soldier.
  2. What exactly is a General Officer Memorandum of Reprimand?
    A General Officer Memorandum of Reprimand (GOMOR) is a formal letter of reprimand issued to a Soldier by a General Officer. It can be placed in the Soldier’s Official Military Personnel File (often referred to as the “permanent file”) or their Military Personnel Record Jacket (known as the “local file”).
  3. What steps are involved in rebutting a GOMOR?
    When a Soldier receives a GOMOR, they have between 7 to 10 days to submit a formal rebuttal. There are three main approaches to responding: (1) acknowledging the misconduct but asking for the letter to be filed locally rather than permanently; (2) denying the misconduct, providing substantiating documentation and witness statements, and asking it to be filed locally or rescinded; or (3) stating the investigation that forms the basis for the GOMOR was erroneous or unjust, and thus a new investigation should be conducted or the GOMOR should be rescinded.
  4. Can a GOMOR end a military career?
    Originally intended as a straightforward reprimand, the GOMOR has evolved into a more severe measure. If a GOMOR is permanently filed in a Soldier’s record, it can effectively end their military career. This outcome is often seen in cases where the evidence was not sufficient for a court martial, yet the system leans towards essentially convicting Soldiers through the administrative process (GOMOR) and subsequent discharge through a QMP board.
Schedule a consultation to discuss the specifics of your GOMOR and various GOMOR Rebuttal approaches.

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