GOMOR Rebuttals and Appeals – Reprimand Rebuttal Lawyers
If you received a General Officer Memorandum of Reprimand or other written reprimand, do not face it alone. Contact Gonzalez & Waddington at 1-800-921-8607 to speak with a military defense lawyer about your options.
What Is a GOMOR and Why It Matters
A General Officer Memorandum of Reprimand, often called a GOMOR, is one of the most powerful and most abused tools in the Army reprimand system. It is supposed to be administrative, not punitive. In practice, commands often use GOMORs to punish Soldiers when there is not enough evidence for Article 15 nonjudicial punishment or a court martial.
Once a GOMOR is filed in a Soldier’s Army Military Human Resource Record, it can act like a career ending sentence. It follows the Soldier to every board, every assignment, and every promotion decision. A single administrative letter can do more damage than a minor court martial conviction if it is not handled correctly from the start.
If you received a GOMOR, you still have rights. You can rebut it, you can challenge how it was issued, and in many cases you can appeal for removal or transfer. The key is to treat the GOMOR as a serious threat and to build a deliberate strategy, not a rushed emotional response.
Authority to Issue a GOMOR
AR 600 37, Unfavorable Information, controls when negative information can be placed in a Soldier’s file, moved within that file, or removed. The regulation says commanders must take appropriate action when they receive unfavorable information about Soldiers in their command.
The authority to issue and direct the filing of a GOMOR usually rests with general officers and school commandants. They have the power to place a reprimand in the Soldier’s official performance file or to file it locally.
One of the most serious problems with the GOMOR process is that AR 600 37 does not set a clear standard of proof. There is no requirement that the allegation be proven by a preponderance of the evidence, or beyond a reasonable doubt. As a result, many Soldiers receive GOMORs based on weak investigations, incomplete facts, or accusations that are later disproven.
Your Rights When Responding to a GOMOR
Even though a GOMOR is administrative, the Soldier still has important due process rights. AR 600 37, paragraph 3 2, gives every Soldier two basic protections when a GOMOR is proposed.
First, the Soldier has the right to review the documentation that forms the basis for the GOMOR. That documentation should be complete enough and unredacted enough to allow a meaningful response. If key information is blacked out or withheld, your ability to rebut the allegations is impaired and your lawyer can challenge that practice.
Second, the Soldier has the right to a reasonable amount of time to make a written response. Active duty Soldiers usually receive seven calendar days. National Guard and Reserve Soldiers usually receive thirty calendar days. In many cases, commands will grant reasonable extensions when the issues are complex or when the Soldier is gathering supporting statements.
Your rebuttal can be written by you, by a Trial Defense Services lawyer, or by civilian counsel. The content and tone of that rebuttal are critical. Some Soldiers are told to accept responsibility and ask for local filing, even when the facts are not clear. That advice can be dangerous.
Should You Admit Fault in a GOMOR Rebuttal
Any admission of guilt or responsibility in a GOMOR response can be used against you later. Your own words may appear in an Article 15 hearing, a court martial, a separation board, or a Board of Inquiry. Once you admit something on paper, you cannot erase it.
In some cases, accepting limited responsibility may support a mitigation or rehabilitation argument. In other cases, any admission gives the command and future boards ammunition to use against you. The decision to deny, explain, mitigate, or remain silent on specific facts is very fact specific. It should be made only after careful consultation with a military defense lawyer who understands the long term impact.
Where a GOMOR Can Be Filed
Commanders who issue GOMORs generally have two filing options. They can order permanent filing in the performance portion of the AMHRR. They can also order local filing in unit or local files.
Permanent Filing in the AMHRR
A GOMOR can be placed in a Soldier’s AMHRR only by a general officer. That general must be senior to the Soldier or must be acting on direction from a general court martial convening authority. When a reprimand goes into the AMHRR, it goes in the performance folder. Promotion boards, QMP boards, and selection boards all see it.
AR 600 37 says that unfavorable information should go into the performance folder only after considering the circumstances and the availability of non punitive options. In practice, many commands go straight to permanent filing. Once a GOMOR is in the AMHRR, it is presumed to be correct and it stays there unless it is removed or transferred through the appeal process.
Local Filing
The other option is local filing. A locally filed GOMOR may remain in a local file for up to eighteen months or until the Soldier moves to a new general court martial jurisdiction, whichever happens first. The letter should state how long it will be kept and identify a point of contact for removal. The unit and the Soldier share the responsibility to ensure the letter is removed on time.
Local filing is still serious, but it does not follow the Soldier through their whole career the way a permanent AMHRR filing does. When possible, convincing a general officer to file locally instead of permanently can make the difference between a salvageable career and a dead end record.
Anonymous complaints and unsigned statements cannot be filed in a Soldier’s AMHRR and should not be stored locally as unfavorable information.
Consequences of a GOMOR
A GOMOR is more than a letter. It changes how your chain of command sees you and how the Army evaluates you. Once you are flagged for unfavorable information, you cannot promote or move smoothly through the system. Many leaders will assume guilt and treat you accordingly.
A GOMOR can trigger review by the Qualitative Management Program, Promotion Review Boards, and Standby Advisory Boards. It can also prompt security clearance reviews. If the underlying allegation raises concerns about judgment, honesty, or reliability, the clearance process can become another battlefield.
In many cases, a GOMOR is only the first step. It may later be used to justify nonjudicial punishment, court martial charges, or an administrative separation board. How you respond at the GOMOR stage can shape all of those future actions.
Appealing a GOMOR in the AMHRR
Once a GOMOR goes into the AMHRR, it is not the end of the story. Soldiers can appeal for removal or transfer. The primary appeal body for many Soldiers is the Department of the Army Suitability Evaluation Board, also known as DASEB.
DASEB reviews appeals from active duty Soldiers, National Guard Soldiers, and Reservists in grades E6 and above. It can recommend that unfavorable information be removed, modified, or transferred. It does not hear appeals from retirees or former Soldiers. Those cases usually go to the Army Board for Correction of Military Records.
A GOMOR that is properly filed is presumed to be regular and correct. That presumption can be overcome, but the burden rests on the Soldier. The officer who ordered the original filing can also later request that the letter be revised, altered, or removed if later investigation shows it was untrue or unjust, in whole or in part.
Removal of a GOMOR
In a removal appeal, the Soldier asks that the GOMOR be completely taken out of the AMHRR. Removal is the most powerful remedy. It erases the document and prevents future boards from seeing it.
To succeed, the Soldier must prove by clear and convincing evidence that the GOMOR is untrue or unjust. Evidence that may support removal can include official investigations that disprove the allegation, decisions by higher authorities that overturn the adverse action, sworn statements from witnesses, court records, and legal opinions.
There is no deadline to request removal. A Soldier can seek removal years after the GOMOR was filed. Waiting, however, often means years of damage to promotions, assignments, and reputation. Early action is usually better.
Transfer of a GOMOR to the Restricted File
Transfer is another form of relief. In a transfer appeal, the Soldier asks that the GOMOR be moved from the performance folder to the restricted folder of the AMHRR. Promotion boards may not see restricted file entries in the same way, depending on the board and the policies in effect at the time.
A Soldier must meet certain thresholds to request transfer. There must be at least one evaluation report after the GOMOR was imposed. The Soldier must show, by substantial evidence, that the intended purpose of the GOMOR has been served and that transfer is in the best interest of the Army.
Evidence supporting transfer may include statements of support from the imposing authority or current chain of command, strong OERs or NCOERs, court documents, sworn statements from colleagues, and proof of rehabilitation such as training, treatment, or community service. In many cases, this type of appeal focuses less on truth or falsity and more on rehabilitation, performance, and long term potential.
Retired Soldiers, separated Soldiers, and those in the Individual Ready Reserve who want removal or transfer of a GOMOR usually must apply to the Army Board for Correction of Military Records, rather than DASEB.
How a Military Defense Lawyer Can Help With a GOMOR
Every phase of the GOMOR process is a chance to improve your position. A skilled military defense lawyer can often influence how and where the GOMOR is filed, how the facts are framed, and how future boards view your record.
At the rebuttal stage, your lawyer can help you decide whether to deny the allegations, attack the investigation, explain your conduct, or focus on mitigation and rehabilitation. A smart strategy balances the need to fight the allegation with the need to avoid unnecessary admissions that might harm you later in a criminal or administrative forum.
At the appeal stage, a lawyer can gather new evidence, work with witnesses, obtain investigative records, and assemble a persuasive narrative for DASEB or the Army Board for Correction of Military Records. The goal is to show that the GOMOR was either wrong from the start or that it has already served any legitimate purpose and now only harms both you and the Army.
Gonzalez & Waddington has defended Soldiers facing GOMORs, separation boards, court martials, and clearance reviews across the world. Our team understands how GOMORs are issued, how they are used, and how to fight them at every stage.
If you received a GOMOR or other written reprimand, time works against you. Contact Gonzalez & Waddington at 1-800-921-8607 or visit https://ucmjdefense.com/contact to schedule a confidential consultation with a military defense lawyer who understands how to fight these cases.
GOMOR Rebuttals and Appeals Frequently Asked Questions
What is a GOMOR in the Army
A General Officer Memorandum of Reprimand is a written reprimand signed by a general officer that can be permanently or locally filed. It is an administrative tool, but in practice it often functions like a career ending punishment when it is placed in the performance section of a Soldier’s AMHRR.
How serious is a GOMOR
A GOMOR is very serious. A permanently filed GOMOR can block promotions, trigger QMP or promotion review boards, harm security clearances, and justify separation. It also shapes how future commanders and boards view you. For many Soldiers, a GOMOR does more damage than some minor criminal convictions.
Do I have a right to respond to a GOMOR
Yes. Under AR 600 37 you have the right to see the documents that support the proposed GOMOR and a reasonable amount of time to submit a written response. Active duty Soldiers usually receive seven days. Guard and Reserve Soldiers generally get thirty days. You can request an extension and you can have a lawyer help you write your rebuttal.
Should I admit guilt in my GOMOR rebuttal
That decision is very case specific. Any admission in a rebuttal can be used against you later at Article 15, court martial, separation boards, or other proceedings. Sometimes a limited acknowledgment can help support mitigation. In other cases it creates long term damage. You should speak with a military defense lawyer before admitting anything in writing.
Can a GOMOR be removed from my record
Yes. You can appeal a GOMOR for removal or transfer. For many Soldiers, the Department of the Army Suitability Evaluation Board is the first appeal forum. To remove a GOMOR, you must show by clear and convincing evidence that it is untrue or unjust. To transfer it to the restricted file, you must show that the intended purpose has been served and that transfer is in the best interest of the Army.
Do I need a lawyer for a GOMOR rebuttal or appeal
You are not required to have a lawyer, but an experienced military defense lawyer can significantly improve your chances. Attorneys like Michael and Alexandra Gonzalez Waddington understand AR 600 37, DASEB, ABCMR, and how commands use GOMORs to shape careers. They can help you choose the right strategy, avoid self inflicted damage, and build a strong record for rebuttal and appeal.