General Officer Memorandum of Reprimand (GOMOR)

 

What is a General Officer Memorandum of Reprimand (GOMOR)?

A General Officer Memorandum of Reprimand (GOMOR) is an Army document signed by a General Officer that is used in the United States Army to record an instance of misconduct or substandard performance by a soldier.  The General Officer Memorandum of Reprimand (GOMOR) is considered to be a serious administrative action that can affect a soldier’s military career.  While other services have administrative censures, the GOMOR is unique to the Army.  It is important to note that a GOMOR is not a punishment in and of itself, but rather an administrative tool that allows Army leadership to address misconduct or substandard performance in a timely and effective manner.

What is the Purpose of a GOMOR or Letter of Reprimand?

The purpose of a GOMOR or Letter or Reprimand is to document the facts related to the misconduct, provide the soldier with notice of the offending behavior, and give the soldier an opportunity to respond to the allegation.  The GOMOR or Letter of Reprimand can then either be placed in the soldier’s local file or in their official file.  According to Army Regulations, the purpose of placing a General Officer Memorandum of Reprimand (GOMOR) in the soldier’s official file is to ensure the best interests of both the Army and soldiers are served by authorizing unfavorable information to be placed in, transferred within, or removed from an individual’s Army Military Human Resource Record (AMHRR).

What Evidence is Used to Support or Justify a GOMOR or Letter or Reprimand?

A General Officer Memorandum of Reprimand (GOMOR) and Letter of Reprimand are serious administrative actions that can be taken against Army personnel.  It is used when the behavior of an individual violates the high standards of conduct and laws and regulations of the Army.  The following are examples of evidence or supporting documents that can be used to justify a GOMOR or Letter of Reprimand:

• Statements from Witnesses: Testimony from individuals who witnessed the misconduct can provide a detailed account of what happened. Their statements can be used to support the allegations.
• Law Enforcement Reports: If the misconduct involved criminal activity, a law enforcement report can serve as evidence. These law enforcement reports can be from military investigators (CID, MPI, AFOSI, MPs) or from civilian law enforcement agencies, whether local, state, federal, or foreign.  Foreign police reports and investigations must be translated.  These reports may provide details of the incident and any charges alleged in the GOMOR or Letter or Reprimand.
• Command Investigations: A command investigation is an inquiry into an incident or situation that requires the resolution of significant issues (FM 27-1, Chapter 3, (Legal Guide for Commanders)). The findings of a command investigation can provide supporting evidence for the GOMOR or Letter or Reprimand. In the Army, these investigations are usually conducted in accordance with Army Regulation (AR) 15-6 (Procedures for Administrative Investigations and Boards of Officers).
• Medical records: If the misconduct involved substance abuse or other health-related issues, medical records can be used to support the allegations. This could include toxicology reports noting the presence of drugs or alcohol in the soldier’s blood.
• Lab Reports and Results from Urinalyses. If the misconduct involves the wrongful use of controlled substances, the results from unit urinalyses and their accompanying litigation reports can be used to support the allegations.
• Photographs or videos: Visual evidence, such as photographs or videos, can provide concrete evidence of the misconduct.
• Expert Witnesses: If the misconduct involves technical or complicated allegations, such as serious traffic accidents, financial crimes, or analysis of digital media, reports from experts such as accident reconstructionist, forensic accounts, and digital forensic examiners, can be used to support the allegations.

It is important to note that the evidence or supporting documents and evidence of a GOMOR or Letter or Reprimand must be credible and reliable and must be directly related to the misconduct that is being alleged.

What is the Burden of Proof Necessary to Find the Service Member Engaged in the Misconduct in a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand?

The Burden of Proof to prove the underlying misconduct in a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand is proof by the “preponderance of evidence.”  By the “preponderance of the evidence” is the standard of proof that is used in most civil lawsuits to determine which side wins.  It is also the same standard used in enlisted Administrative Separation Boards and officer Boards of Inquiry (BOIs).  It is also known as the “balance of probabilities” standard.  Often described as a “more likely than not,” it is a standard or proof over 50.1% that the misconduct happened.  In a civil case, the plaintiff has the burden of proving their case by a “preponderance of the evidence.”  This means that they must show that it is “more likely than not,” based on the evidence presented, that their claim is true.   The plaintiff doesn’t have to prove their case “beyond a reasonable doubt,” as they would in a criminal trial.  Instead, they must provide enough evidence to show that their version of events is more probable than the defendant’s.  The preponderance of the evidence standard is a lower burden of proof than “beyond a reasonable doubt,” which is used in criminal trials such as a court-martial.  This standard is used in civil cases because the consequences of losing are typically less severe than they are in criminal cases. Since the potential consequences of a GOMOR or Letter or Reprimand, although significant and career altering, are much less severe than the potential consequences of a court-martial, the Burden of Proof for a GOMOR and a Letter or Reprimand is the lower by the “preponderance of evidence” standard.

What Regulations or Instructions Govern General Officer Memorandums of Reprimand (GOMORs) or other Letters of Censure in the Different Services?

General Officer Memorandums of Reprimand (GOMORs) are what Letters of Reprimand in the U.S. Army are usually called when issued by a general officer.  Each specific service has service specific regulations and instructions regarding Letters of Reprimand and Letters of Censure.  All services derive their specific rules from a provision in the Manual for Courts-Martial (MCM).  In Rule for Court-Martial Rule 306(c)(2), states:

Administrative action.  A commander may take or initiate administrative action, in addition to or instead of other action [e.g., non-judicial punishment (Article 15 or “NJP”) and court-martial] taken under this rule, subject to regulations of the Secretary concerned.  Administrative actions include corrective measures such as counseling, admonition, reprimand, exhortation, disapproval, criticism, censure, reproach, rebuke, extra military instruction, or the administrative withholding of privileges, or any combination of the above.

The specific services have promulgated regulations and instructions for the issuance of letters of reprimand and letters of censure.  They are as follows:

• Army – Army Regulation (AR) 600-37 (Unfavorable Information). This regulation does not mention GOMORs by name but does outline the filing of reprimands in the AMHRR (official file).
• Air Force – Air Force Instruction (AFI) 36-2907 (Adverse Administrative Actions). There is no reference to GOMORs, but the regulation specifically addresses Letters of Counseling (LOC), Letters of Admonishment (LOA), and Letters of Reprimand (LOR).  It also discusses how to file these documents in the Service Member’s Unfavorable Information File (UIF).
• Navy and Marine Corps – JAGMAN Paragraph 0105 (Manual of the Judge Advocate General). Nonpunitive censure may be issued by any superior in the member’s chain of command, and may be either oral or in writing, however, a nonpunitive letter will be kept a personal matter between the member and the superior issuing the nonpunitive letter.  Such letters will not be kept in any official personnel record.  Only Secretariat level nonpunitive censures and punitive letters of reprimand will be entered into a member’s official personnel file.
• Coast Guard – COMDTINST M5810.1D (Military Justice Manual). Chapter 1.G.1.d. governs nonpunitive censures.  It is very similar to the Navy and Marine Corps, and in the Coast Guard nonpunitive administrative letters of censure are not punitive and may be administered either orally or in writing.  Nonpunitive letters of censure are private in nature and, other than administrative letters of censure issued by the Commandant, shall not be forwarded to the Chief of Personnel, quoted in, or appended to, performance reports, included as enclosures to investigative reports, or otherwise included in official Coast Guard records of the recipient.

Who Can Issue a General Officer Memorandum of Reprimand (GOMOR)?

The following officers have the authority to issue a General Officer Memorandum of Reprimand (GOMOR):

• A General Officer: A general officer is a senior commissioned officer in the United States Army who holds a rank of brigadier general or higher. A general officer can issue a GOMOR to a subordinate officer or enlisted member.  Any general officer in the chain of command of the soldier has the authority to issue a GOMOR.
• A Colonel or Higher: In certain circumstances, a colonel or higher-ranked officer may have the authority to issue a GOMOR or Letter or Reprimand.  This may occur in situations where a general officer is not available, or the matter does not rise to the level of requiring a general officer’s attention.  Only a general officer has the authority to direct a GOMOR to be filed in the soldier’s official file.  For issuing authorities that do not have filing authority, the Department of the Army Suitability Evaluation Board (DASEB) will deliberate to determine whether the GOMOR or Letter of Reprimand requested by a commander or agency without filing authority should be filed in the AMHRR and, if so, whether to be placed in the performance or restricted portion.
• Approval Authority: A general officer who has approval authority may also issue a GOMOR. Approval authority is the authority delegated to a general officer to approve administrative actions that have been recommended by a subordinate commander.

It is important to note that a GOMOR is a serious administrative action that can have significant consequences on a military career.  Therefore, the decision to issue a GOMOR is not taken lightly and is based on careful consideration of the circumstances and evidence of the misconduct.  If you are facing a GOMOR or Letter or Reprimand, contact one of the miliary lawyers at the Law Office of Will M. Helixon to discuss your options and formulate your response.

For What Type of Misconduct Can a GOMOR or Letter of Reprimand be Issued?

The following are some examples of misconduct for which a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand may be issued:

• Violations of the Uniform Code of Military Justice (UCMJ): This may include offenses such as fraternization, adultery, sexual assault, maltreatment of subordinates, driving while intoxicated, or drug abuse.
• Violations of Host Nation Laws: These offenses usually involve DUI and DWI cases where the blood alcohol limits (for instance in Germany) are lower than those prohibited in the UCMJ.
• Conduct Unbecoming an Officer: This may include behavior that is considered dishonorable or disgraceful, such as theft, fraud, or sexual harassment.
• Performance Deficiencies: This may include substandard performance of duties or responsibilities, not meeting military standards, or repeated violations of regulations.
• Safety Violations: This may include reckless behavior that poses a risk to others or property.
• Civilian Criminal Offenses: This may include convictions for certain civilian offenses, such as DUI or domestic violence, that affect the individual’s fitness for military service.

If you have been issued a GOMOR or Letter or Reprimand for any of the above-listed misconduct, call a military lawyer at the Law Office of Will M. Helixon for an immediate consultation to understand your rights and drafting your rebuttal.

What Information is Contained in a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand?

A General Officer Reprimand of Reprimand (GOMOR) or Letter or Reprimand identifies the Service Member and their unit, outlines the misconduct serving the basis of the GOMOR, informs the service member of the general officer’s intent to file the GOMOR in the performance portion of the Army Military Human Resource Record (AMHRR), and that the GOMOR is nonpunitive and imposed as an administrative measure not punishment under Article 15, UCMJ.  The GOMOR will also discuss the affect of the misconduct and that the Service Member has brought discredit, embarrassment, and shame to the Service Member, the unit, and the Army.  Finally, the GOMOR will identify what evidence relied upon by the issuing officer in making their findings that the Service Member engaged in the misconduct addressed in the GOMOR.

How is a Service Member Notified about a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand?

The Service Member is usually served a copy of the General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand, normally through the servicing judge advocate’s office.  The Service Member is given a copy of the GOMOR and is required to sign a receipt of acknowledgment outlining their right to submit a rebuttal prior to the general officer making a filing decision.  Ordinarily the recipient will be provided seven (7) calendar days for active-duty service members, or thirty (30) days Reservists, to submit a rebuttal including making a statement.  The acknowledgment will have the Service Member acknowledge that they have read the GOMOR and choose whether to submit a rebuttal or not.  Sometimes, the Service Member is served these documents via email and is required to return the acknowledgment via email.  Usually for good cause, the issuing general officer, through their servicing judge advocate, will grant a reasonable extension of time to submit a rebuttal.  Since the timeline for filing the rebuttal to the GOMOR and Letter or Reprimand are very short, it is of vital importance that you contact a military lawyer at the Law Office of Will M. Helixon to discuss your options and rebuttal matters.

What are the Service Member’s Options after Notification of a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand?

The Service Member has three options after receiving notification of the General Officer Memorandum of Reprimand: 1) they can choose to acknowledge the GOMOR and NOT file a rebuttal, 2) they can acknowledge the GOMOR and submit a rebuttal, or 3) they can acknowledge the GOMOR and request additional time to submit a rebuttal.  It is highly recommended that the Service Member submits a rebuttal to the GOMOR given the significant impact it may have on their career and service in the military.

Will a Service Member be Assigned Detailed Counsel to Assist in Drafting a Rebuttal to a General Officer Memorandum of Reprimand (GOMOR) or Letter of Reprimand?

Since assisting Service Members with drafting a GOMOR or Letter or Reprimand rebuttal is not a Priority I service offered by Trial Defense Services (TDS), they will only assist service members if their current caseload of courts-martial, Boards, and Nonjudicial Punishment permits.  Usually, TDS is unable to assist with writing GOMOR rebuttals.  When TDS cannot assist, the responsibility to assist Service Members with drafting GOMOR rebuttals falls on the shoulders of the Legal Assistance Office and one of the judge advocates assigned to the LA Office.  In the Army, usually first tour captains and new Judge Advocates are assigned to legal assistance as their first job in the U.S. Army.  With a service member’s career on the line, it is important that they seek the advice of a seasoned military lawyer in preparing the GOMOR or Letter or Reprimand rebuttal and not rely solely on the advice of junior Judge Advocates.  On some installations, it may take several weeks to get a legal assistance appointment, and they may be limited in what services they can provide Service Member regarding GOMORs and Letters of Reprimand.  At the Law Office of Will M. Helixon, our military lawyers have decades of the experience advising commander on the issuance of GOMORs and advising Service Member on how to effectively submit GOMOR rebuttals.  Call one of our military lawyers today for a consultation on how to best proceed regarding submitting a GOMOR or Letter or Reprimand rebuttal.

What Should a Service Member Include in a Rebuttal to a General Officer Memorandum of Reprimand (GOMOR) or Letter of Reprimand?

A General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand rebuttal should address the following three (3) concepts:

Refuting the Findings: If the Service Member has evidence of why the alleged misconduct did not happen, or it happened but was not a violation of the UCMJ, or that it happened but not in the manner alleged in the supporting evidence of the GOMOR, this is where those arguments should be made.  For example, in a sexual harassment case where it is alleged that inappropriate comments were made, this is where the service member would present evidence that those comments where not made.  They could include a statement from the Service Member, or statement from potential witnesses, and character evidence from others that attest to the Service Member’s professionalism, respect of women, great leadership in the workplace, and character for truthfulness.  It is also where evidence that the accuser has a motive to misrepresent would be presented.  Any evidence that refutes the charges and allegations is made in this section of the rebuttal.

Explaining the Misconduct.  This is often referred to as extenuation.  This is where the Service Member makes arguments, not refuting the allegation of misconduct, but rather explaining it.  For example, if the Service Member was stopped and cited for DUI under the .08 limit proscribed by the UCMJ but over the .05 limit proscribed by German Law, this is where arguments would be made about why the Service Member was driving, and how they were not intoxicated and full use of their mental and physical faculties.  It is where the service member would point out that there were no driving infractions, or accident, or any indication of intoxication other that being stopped at a random checkpoint by the Germans, and the BAC was .06, well below the UCMJ standard.  Included in this section could be statements from others who were with the Service Member that he did not appear to be intoxicated, and that he only had one or two drinks over a couple hours during dinner.  In the section explaining the facts, is where the Service Member would provide all the justifications for their misconduct short of refuting the charges.

Providing Mitigation:  This is an argument made by the Service Member that the General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand should not be a career ending action based on unique circumstances of the Service Member.  It could include facts showing the Service Member is financially supporting other family members like parents or siblings, and many people rely on their support.  It could show that the Service Member is an outstanding member of the community, volunteering both time and resources helping others.  It could show the Service Member is an active member of their church and is always concerned about others.  It is in the mitigation section where the Service Member would include Character Letters about their work performance, good military character, and helpfulness to others.  It is where the Service Member would personalize themselves to make the argument that an officially filed GOMOR or Letter or Reprimand would destroy their career and adversely impact their family.  In this section, the Service Member should include all matters in mitigation and make arguments why, even given the incident of the misconduct, that it was out of character, and there are unique circumstances warranting “a second chance.”

It is very important for a Service Member drafting a GOMOR or Letter of Reprimand rebuttal to aware that any statements made in the rebuttal can be used in a criminal prosecution as an admission of guilt if they are inculpatory.  This is generally not a concern if the criminal case is already complete, or the Service Member plans to admit to the allegations anyway.  A rebuttal statement poses a much greater risk if the case is still open or still being investigated.

Service Members facing a career ending GOMOR or Letter or Reprimand should contact one of the military lawyers at the Law Office of Will M. Helixon to fully explore and develop their rebuttal response to the GOMOR.  Our experience and thoroughness in helping Service Members with GOMOR rebuttals throughout our military and civilian careers will benefit those currently drafting their rebuttal to a GOMOR.  Call us today.

What Options Does the Issuing General Officer have When Considering a Service Member’s Rebuttal to a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand?

The general officer issuing the GOMOR can take three actions based on the rebuttal by the Service Member.  First, the general officer could rescind the GOMOR or “tear it up” as nothing happened.  This is usually when the Service Member makes a compelling case refuting the findings of the GOMOR.  Second, the general officer could direct the filing of the GOMOR in the local file of the Service Member.  Third, the general officer could direct the filing of the GOMOR in the performance section of the Service Member’s AMHRR or official file, sometimes referred to as OMPF.

What is the Difference between a Local Filing and an Official Filing in the AMHRR of a General Officer Letter or Reprimand (GOMOR) or Letter or Reprimand?

There are only two filing options for a General Officer Memorandum of Reprimand: filing in the performance portion of the AMHRR, or local filing.  Commanders do not have the option to file memoranda in the restricted portion of the AMHRR.

Local Filing of the GOMOR or Letter or Reprimand for Service Members: If local filing is intended, the Letter of Reprimand or GOMOR does not need to be referred to a higher authority for review.

• Local Filing for Enlisted Service Members. The authority to issue and direct the filing of a GOMOR or Letter or Reprimand in the local of enlisted personnel is restricted to the recipient’s immediate commander (or a higher commander in his or her chain of command), school commandants, any general officer (to include those frocked to the rank of brigadier general), or an officer exercising general court-martial Jurisdiction (GCM) over the recipient Service Member. The immediate supervisors of enlisted personnel also have authority to issue memoranda of reprimand, and may also direct filing in the local file, but only if serving in one of the capacities listed above.
• Local Filing for Officer Service Members. The authority to issue and direct the filing of GOMORs and Letters of Reprimand in an officer Service Member’s local file is restricted to: 1) the officer Service Member’s immediate commander or a higher-level commander in the chain of command (if such commander is senior in grade or date of rank to the recipient); 2) the designated rater, intermediate rater, or senior rater, under the officer evaluation reporting system (see AR 623–3); 3) a general officer (to include one frocked to the rank of brigadier general) who is senior to the recipient, or an officer who exercises general court-martial convening authority (GCMCA) jurisdiction over the recipient, or the designee of the GCMCA.

Local Filing of the GOMOR or Letter of Reprimand:  A filing in the “local file” means that the GOMOR or Letter of Reprimand will be maintained locally by the unit, usually in his local personnel file where other documents such as SGLI designations, emergency notifications, and counseling records are maintained.  Only commanders and leaders in the local unit of the Service Member would be aware of the GOMOR or Letter or Reprimand.  Paragraph 3-5(e) of AR 600-37 provides that “local filing may only be filed for up to 18 months, or until reassignment of the recipient to another general court-martial jurisdiction, whichever is sooner.  Such a letter will state the length of time the letter is to remain in the local file and provide a point of contact for the Service Member to contact after the expiration date to ensure removal.  Both the Service Member and their unit are equally responsible for removing the [GOMOR or Letter of Reprimand] from the local file after 18 months.”

Official Filing of the GOMOR or Letter of Reprimand:  A memorandum, regardless of the issuing authority, may be filed in the AMHRR upon the order of a general officer (to include one frocked to the rank of brigadier general).  The general officer directing the official filing must: exercise GCMCA over the recipient, or be the GCMCA’s designee or delegate; be a general officer commander over the recipient; been a filing authority from the recipient’s losing command; be the Commander of HRC; be any HQDA staff principal, to include the Chief of Staff of the Army, Vice Chief of Staff of the Army (VCSA), or the DAS; be a State Adjutant General or designee; or be the chief, or his or her designee, of any designated special branch pursuant to 10 USC 3064 and acting pursuant to their statutory authority over members of their respective special branches.  Memoranda filed in the AMHRR will be filed in the performance folder.

A GOMOR filed in the performance folder of the AMHRR is available for review by anyone who has the authority to view the Service Member’s military record including promotion boards, school review boards, and individuals authorized by regulation.  In essence, an AMHRR official filing puts the Army on notice of the GOMOR or Letter or Reprimand and the document can be viewed by anyone with regulatory authority to do so.  It should be noted the filing of GOMORs and other Letter of Reprimand in the AMHRR was originally for the purpose of allowing personnel managers and selection board members for use in making POSTA (positions of significant trust and authority) or PASS (positions or appointments screened for suitability) personnel decisions, and not for ALL soldiers irrespective of their anticipated duty positions, which it has become today.

What are the Consequences of a GOMOR or Letter or Reprimand filed in a Service Member’s Official File (AMHRR)?

A GOMOR or Letter of Reprimand filed in the Service Member’s AMHRR (official file) will stop a promotion dead in its tracks.  A promotion board will review the AMHRR and see the GOMOR and not select the Service Member for promotions.  Additionally, the promotion board will likely refer the Service Member’s file for an Administrative Separation Board (enlisted) or Board of Inquiry (BOI) (officer), generating the possibility of separation from the service.  Additionally, the Quality Management Program (QMP) Board routinely monitors the AMHRR for adverse and derogatory information, and a GOMOR or Letter or Reprimand would trigger a QMP Board for enlisted Service Members in the rank of Staff Sergeant and above.  The underlying misconduct noted in the GOMOR will often serve as the basis for poor performance evaluations (NCOERs and OERs) and usually will result in the imposition of a bar to reenlist for enlisted Service Members.  Those Service Members with security clearances will likely face an action to revoke the security clearance based on the official filing of the GOMOR or Letter of Reprimand.  Promotion Review Boards will potentially use the GOMOR or Letter or Reprimand as a justification for prevent of or elimination of a recent promotion (AR 600-8-20 (Officer Promotions)).  The Army Grade Determination Review Board (AR 15-80 (Army Grade Determination Review Board and Grade Determinations)) can use the GOMOR or Letter of Reprimand to retire a service member in a lower grade resulting in the loss of hundreds of thousands of dollars over the course of a lifetime of retirement pay.  For example, a Lieutenant Colonel who received a GOMOR during his final three years of service could be reduced to Major for the purposes of retirement by the Army Grade Determination Review Board.  Finally, a GOMOR filed in the AMHRR could adversely affect post-service government employment by a former Service Member.

Given these far reaching and potentially catastrophic consequences of an officially filed GOMOR, a Service Member facing a GOMOR or Letter or Reprimand should immediately call a military lawyer from the Law Office of Will M. Helixon for a consultation determine the best way to protect their career, their retirement, and potential employment outside of the service.  Call now for a consultation.

How Can a Service Member have a General Officer Memorandum of Reprimand (GOMOR) or Letter or Reprimand Removed from the Official File (AMHRR)?

 The Service Member can petition the Department of the Army Suitability Evaluation Board (DASEB) to recommend having the GOMOR or Letter of Reprimand for removal, alteration, or transfer of the unfavorable information entered in the AMHRR.  The DASEB is the initial appeal authority to have the GOMOR or Letter of Reprimand removed or transferred from the performance section of the AMHRR.

How can the DASEB Affect a General Officer Memorandum of Reprimand (GOMOR) or Letter of Reprimand and What is the Process?

The Imposing Commander May Request Removal of the GOMOR.  First, the general officer who directed filing in the AMHRR of a GOMOR or Letter or Reprimand, may request its revision, alteration, or removal if later investigation determines such information is untrue or unjust in whole or in part. The basis for such a determination must be provided to the DASEB in sufficient detail to justify the request.  The general officer who directed the filing of the GOMOR or Letter or Reprimand in the AMHRR may not initiate an appeal on the basis that the memorandum has served its intended purpose.  However, a memorandum of support may be submitted with the recipient’s appeal to transfer the GOMOR or Letter or Reprimand from the performance file to the restricted file of the AMHRR.

The Service Member May Request Removal of the GOMOR.  The DASEB will consider all appeals from Soldiers in the Regular Army, the Army National Guard of the United States or Army National Guard, USAR (in grades E–6 and above), officers, and warrant officers.  The DASEB will consider appeals from Soldiers in grades below E–6 only as an exception to policy granted by the DCS, G–1.

There is a Presumption of Validity.  Once an official document such as a GOMOR or Letter of Reprimand has been properly filed in the AMHRR, it is presumed to be administratively correct, and to have been filed pursuant to an objective decision by a competent authority.

The Procedure for Requestion Removal of a GOMOR or Letter or Reprimand from the DASEB.  There is no time restriction for submitting an appeal for removal of unfavorable information from the AMHRR, including a GOMOR or Letter of Reprimand.  The recipient has the burden of proof to show, by ”clear and convincing evidence,” to support assertion that the GOMOR or Letter of Reprimand is either untrue or unjust, in whole or in part.  “Clear and convincing evidence” is evidence of the measure or degree of proof which will produce in the mind a “firm belief or conviction” as to the facts sought to be established.  The requirement of “clear and convincing evidence” does not call for unanswerable or conclusive evidence.  Whether the evidence is “clear and convincing” requires weighing, comparing, testing, and judging its worth when considered in connection with all the facts and circumstances in evidence.  Evidence submitted in support of the appeal to remove a GOMOR or Letter or Reprimand from the AMHRR may include but is not limited to: an official investigation showing the initial investigation was untrue or unjust; decisions made by an authority above the imposing authority overturning the basis for the adverse documents; notarized witness statements; historical records; official documents; and/or legal opinions.

Procedure for Requesting the Transfer of a GOMOR or Letter of Reprimand from the Performance Section to the Restricted File in the AMHRR by the DASEB.  Soldiers must have received at least one evaluation (other than academic) since imposition of the GOMOR or Letter of Reprimand.  The recipient bears the burden of providing “substantial evidence” that the intended purpose of the GOMOR or Letter of Reprimand has been served in support of a request for its transfer from the performance file to the restricted file of the recipient’s AMHRR.  The recipient must indicate how the transfer of the GOMOR or Letter or Reprimand would be in the best interest of the Army, thereby warranting its transfer to the restricted file of the AMHRR.  Such evidence may include, but is not limited to: statements of support from the imposing authority, the Soldier’s current chain of command, the Soldier’s chain of command at the time of imposition, and/or other memoranda of support; subsequent evaluation reports (other than academic); notarized witness statements; official documents; court documents; statements of remorse; documents demonstrating rehabilitation; other documents proving the intended purpose of the document has been served; and legal documents.  Once a GOMOR or Letter or Reprimand is moved to the restricted file, it is ordinarily not seen by reviewing Boards.  Exceptions are DA selection boards, if the board president makes a specific written request; the CSM/SGM, SGM Academy, and CSM/SGM retention boards, and some government agencies may view restricted file material by written request. For more information on who may view restricted file material, see AR 600-8-104, para. 2-6 & 2-7.

Actions if Appeal is Denied by the DASEB.  If the DASEB denies an appeal, a copy of the memorandum of notification regarding the denial will be placed in the commendatory and disciplinary portion of the performance record. The appeal itself and the record of the proceedings will be placed in the restricted portion of the AMHRR.

Can a Service Member Appeal the Filing of the GOMOR to the Service Component BCMR?

Yes.  The Service Component Boards for Correction of Military Records (BCMR) have very broad authority to review and correct errors or injustices in a service member’s military record, AMHRR, or officer record brief (ORB).  This includes denial by the DASEB or either remove or transfer a GOMOR or Letter of Reprimand from the performance file to the restricted file of the AMHRR.

How can the Law Office of Will M. Helixon Assist a Service Member who has been Given Notice of a GOMOR or Letter or Reprimand?

The military lawyers at the Law Office of Will M. Helixon have vast experience advising commanders who have issued GOMORs or Letters of Reprimand in their over 40 years of military experience.  Additionally, both Will M. Helixon and John Caulwell have served as both military prosecutors and military defense lawyers, and currently live in Germany.  Their extensive experience and knowledge of defending Service Members facing the imposition of a GOMOR or Letter of Reprimand will be invaluable to those seeking to submit a rebuttal to these letters.  Further, the Law Office of Will M. Helixon can assist Service Members seeking to remove or transfer the GOMOR or Letter of Reprimand from the performance file to the restricted file of the AMHRR by the DASEB.  Finally, in the appropriate cases, the Law Office of Will M. Helixon can assist Service Member apply for relief from their Service Component Board of Correction for Military Records to remove or transfer a GOMOR or Letter of Reprimand in their AMHRR or official military file.  Call the Law Office of Will M. Helixon to set up a consultation today.

More about the Law Office of Will M. Helixon.

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters, and legal assistance matters, including the correction of military records.  No longer in Kansas City, the firm now has a European office physically located in Vilseck, Germany and in Wiesbaden, Germany. Call us today to assist with your legal issue in Germany or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.