5 “Innocent” Mistakes in GOMOR Rebuttals That Are Used Against You Later
You have 7 days to write the most important letter of your life. You want to sound honest, remorseful, and human. So, you sit down and write from the heart.
Stop.
What you think is “honesty” typically looks like “liability” to the military legal system. At Gonzalez & Waddington, we frequently review rebuttals written by soldiers (and inexperienced lawyers) that contain fatal errors—statements that feel safe but actually trigger security clearance revocations, medical boards, or administrative separation.
Here are the 5 most common “innocent” mistakes that will come back to haunt you.
Why you wrote it: You wanted to sound transparent and trustworthy by admitting to a smaller flaw.
The Legal Consequence: You just confessed to uncharged misconduct. The General can now cite this new admission as a “pattern of misconduct” to justify a General Discharge (Under Honorable Conditions) instead of an Honorable one. Never admit to crimes you haven’t been charged with.
Why you wrote it: You wanted mitigation. You wanted the General to understand your struggle.
The Legal Consequence: You didn’t just explain your tardiness; you triggered a “Fitness for Duty” evaluation. Worse, this statement can be flagged by the Central Adjudication Facility (CAF) under Guideline I (Psychological Conditions), putting your Top Secret clearance at risk. Mitigation must be handled by a lawyer who knows how to present it without signaling instability.
Why you wrote it: Because it feels true.
The Legal Consequence: The General Officer appointed CPT Miller. When you attack CPT Miller without irrefutable proof, you are questioning the General’s judgment. It looks like deflection. A lawyer knows how to expose toxic leadership through objective evidence (climate surveys, witness statements) rather than personal attacks.
Why you wrote it: You are desperate and scared for your family.
The Legal Consequence: It falls on deaf ears. Generals are responsible for “Good Order and Discipline.” Financial hardship is not a defense to misconduct. In fact, admitting you are in financial distress can trigger Guideline F (Financial Considerations) scrutiny for your clearance. We focus the argument on the Army’s loss (your skills), not your loss (your paycheck).
Why you wrote it: You watched Law & Order.
The Legal Consequence: You look ignorant of military regulations. GOMORs only require a “Preponderance of Evidence” (51%). Arguing the wrong legal standard tells the General you don’t understand the gravity of the administrative process. We argue the correct standard, attacking the credibility and weight of the evidence.
How to Rebut Without Self-Sabotage
Writing a GOMOR rebuttal is like walking through a minefield. One wrong sentence about your mental health or finances can blow up your future career prospects in the civilian world.
Michael Waddington and Alexandra Gonzalez-Waddington act as your mine sweepers. We know exactly what triggers the security clearance adjudicators and the separation boards. We craft rebuttals that are legally safe, factually aggressive, and free of accidental confessions.
Frequently Asked Questions
If I already submitted a rebuttal with mistakes, can I fix it?
It is difficult. Once submitted, it becomes part of the official record. However, if separation action is initiated, we can sometimes “clean up” the damage by submitting a new legal brief to the Separation Board clarifying your previous statements.
Do JAGs catch these mistakes?
Sometimes, but JAGs are often overworked and may simply proofread your letter for grammar rather than strategic legal pitfalls. They are not security clearance experts. We are.
Is it better to say nothing than to make a mistake?
Silence is often viewed as an admission of guilt in the administrative process. You must respond, but you must respond correctly. That is why professional counsel is essential.
Don’t Acciendentally End Your Career
Your words have consequences. Let us write the words that protect you.
Contact Gonzalez & Waddington today at 1-800-921-8607 or visit ucmjdefense.com.
