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Can a Lawyer Get My GOMOR Filed Locally?

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Short answer: Sometimes. The general officer who issued the reprimand decides whether a General Officer Memorandum of Reprimand (GOMOR) is filed locally or permanently, and that decision is made largely on the rebuttal packet. A rebuttal built for the filing decision, backed by evidence and by letters from your chain of command, is often the biggest factor in where the reprimand ends up. Civilian military defense lawyer Alexandra González-Waddington of Gonzalez & Waddington explains how the decision is made and what moves it.

What is the difference between local filing and permanent filing?

Under AR 600-37, a GOMOR can be filed in one of two places, and the difference can decide a career.

Local file Permanent file (AMHRR)
Where it is kept At the unit Performance section of the Army Military Human Resource Record
How long it lasts Generally removed after three years or when you leave the command, whichever comes first For the rest of your career unless moved or removed by a board
Who sees it Your current command Promotion boards, QMP boards, assignment managers, and officer show-cause authorities
Typical career effect A setback A common cause of QMP separation and officer show-cause boards

In this video, Alexandra González-Waddington explains how the filing decision is made and what a lawyer can do to influence it.

Video: GOMOR Local Filing vs. Permanent Filing | Can a Lawyer Keep It Out of Your AMHRR? (5:20) — watch on YouTube

Who decides where the GOMOR is filed?

The general officer who issued the reprimand makes the filing decision after reading your rebuttal, usually with a recommendation from the staff judge advocate. The decision considers the nature of the misconduct, your record, your response, and whether the purpose of the reprimand can be served by local filing.

In practice it turns on three questions: how serious the general believes the conduct was, whether you have taken responsibility for what is true and fixed it, and whether the packet gives the general a defensible reason to choose local filing.

What moves the decision toward local filing?

  1. Correcting the record with proof. Where the investigation got the facts wrong, show it with documents and statements. Generals do not want to file a permanent reprimand on facts that turn out to be false.
  2. Acceptance of responsibility where the facts are true. A soldier who owns a mistake reads very differently from one who fights everything.
  3. Evidence of rehabilitation. Completed treatment or counseling, corrective training, and a clean record since the incident.
  4. A record that makes the conduct an aberration. Years of strong evaluations, deployments, and awards.
  5. Letters from senior leaders. Ideally including your current battalion commander, saying they want you retained and believe local filing is appropriate. This often carries the most weight, because it tells the general that the chain of command below has already made that call.

What pushes a GOMOR toward permanent filing?

  • Denying conduct that the evidence clearly proves.
  • A rebuttal that attacks the investigator or the command instead of the evidence.
  • A pattern, such as a prior reprimand or Article 15.
  • Misconduct that Army policy directs toward permanent filing or limits local filing for, such as some substantiated sexual harassment findings and certain alcohol-related offenses. Check the current policy for your situation.
  • Silence. A GOMOR with no rebuttal is very likely to be filed permanently.

Can a lawyer guarantee local filing?

No. The filing decision belongs to the general officer, and no lawyer can promise the outcome. What a lawyer can do is make sure the general has the strongest possible reasons, in a form that is easy to approve, before the decision is made. Timing matters: the response is normally due 7 calendar days after service. See how long you have to respond to a GOMOR.

What if the GOMOR is filed permanently anyway?

Two paths remain:

  • The Department of the Army Suitability Evaluation Board (DASEB) can transfer a permanently filed reprimand to the restricted portion of the AMHRR, which promotion boards do not see, if you show that the reprimand has served its purpose. Generally that means at least one year since filing, at least one evaluation since, and evidence of good service.
  • The Army Board for Correction of Military Records (ABCMR) can remove a reprimand that was unjust or in error.

See GOMOR removal and the DASEB for how those petitions work.

Key takeaways

  • A locally filed GOMOR stays at the unit and is generally removed after three years or when you leave; a permanently filed GOMOR is seen by every board.
  • The imposing general decides, usually on the strength of your rebuttal packet.
  • Proof that corrects the record, acceptance where the facts are true, rehabilitation, a strong record, and chain-of-command letters move the decision toward local filing.
  • If the GOMOR goes permanent, the DASEB and ABCMR are the next options.

Frequently asked questions

Can a lawyer get my GOMOR filed locally?

Sometimes. No lawyer can guarantee it, but a rebuttal built around the filing decision, supported by evidence and letters from your chain of command, often makes the difference between local and permanent filing.

Who sees a locally filed GOMOR?

Generally only your current command. It is not placed in the AMHRR, and promotion and QMP boards do not see it.

Should my battalion commander write a letter?

If your battalion commander supports local filing, a letter saying so is often one of the strongest parts of the packet. Letters from other senior leaders who know your work also help.

Can I ask for local filing and still dispute the facts?

Yes. Many rebuttals contest the facts that are wrong, accept responsibility for what is true, and ask in the alternative for withdrawal or local filing. How to balance those requests depends on the evidence.

How long after a permanent filing can I go to the DASEB?

Generally at least one year after the reprimand was filed and after at least one evaluation report. You also need evidence that the reprimand has served its purpose.

Video transcript

Transcript of the video “GOMOR Local Filing vs. Permanent Filing | Can a Lawyer Keep It Out of Your AMHRR?,” with Alexandra González-Waddington of Gonzalez & Waddington.

Read the full transcript of this video

Local file versus permanent file. Can a lawyer keep your general officer memorandum of reprimand local? Sometimes, but it depends on the facts of the case, your military record, and the commander making the decision. The filing decision is the general’s, but it’s made on the rebuttal packet, and a well-built packet is the single biggest factor in where the reprimand goes. I’m Alexandra González-Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. A locally filed general officer memorandum of reprimand is a bad month. A permanently filed general officer memorandum of reprimand is a different career. Here’s the difference and how the decision gets made.

First, the two files. Under AR 600-37, a general officer memorandum of reprimand can be filed in the local file kept at the unit or in the performance portion of the Army Military Human Resource Record, the AMHRR, formerly the OMPF. A local file general officer memorandum of reprimand is destroyed when you leave the unit or after three years, whichever comes first, and no promotion board, no QMP board, no assignments manager ever sees it. A permanent file general officer memorandum of reprimand is read by every board for the rest of your career and is the most common single cause of QMP separation and officer show-cause boards.

Second, who decides and how? The general officer who issued the reprimand makes the filing decision after reading your rebuttal, with a recommendation from the staff judge advocate. The regulation says the decision should consider the nature of the misconduct, your record, your response, and whether the reprimand’s purpose can be served by local filing. In practice, the decision turns on three things: how serious the general thinks the conduct was, whether you’ve taken responsibility and fixed it, and whether the packet gives them a reason to be lenient that they can defend.

Third, what moves the decision toward local filing? One, a rebuttal that corrects the record where the investigation got it wrong, with proof. Generals don’t want to file a permanent reprimand on facts that turn out to be false. Two, genuine acceptance of responsibility where the facts are true. A soldier who owns it reads differently from one who’s fighting everything. Three, evidence of rehabilitation: treatment completed, counseling, a clean record since. Four, a record that makes the conduct look like an aberration: years of strong evaluations, deployments, awards. Five, letters from senior leaders, ideally including your current battalion commander, saying they want you retained and believe local filing is appropriate. That last one matters more than anything, because it tells the general that the chain of command below them already made this call.

Fourth, what pushes it toward permanent? Denying conduct the evidence proves. A rebuttal that attacks the investigator. A pattern, meaning a prior general officer memorandum of reprimand or Article 15. Offenses the Army has designated for permanent filing by policy, like sexual harassment findings and some DUI cases, where the general’s discretion is narrower. And silence. A general officer memorandum of reprimand with no rebuttal goes permanent almost every time.

Fifth, if it goes permanent anyway, the Department of the Army Suitability Evaluation Board can transfer a general officer memorandum of reprimand to the restricted file, invisible to boards, if you show the reprimand has served its purpose. Generally, you need a year since filing, at least one evaluation since, and evidence of good service. It’s a real path, and we use it. The Board for Correction of Military Records can remove a general officer memorandum of reprimand that was unjust or erroneous.

At Gonzalez & Waddington, our general officer memorandum of reprimand practice is built around the filing decision, because everything else in a soldier’s career depends on it. So, can a lawyer keep your general officer memorandum of reprimand local? Often, with a rebuttal built for the general’s decision and letters from the people the general listens to. And if it goes permanent, the DASEB is the next fight.

I’m Alexandra González-Waddington, a civilian military defense lawyer and co-founder of Gonzalez & Waddington. We defend service members worldwide facing military investigations, courts-martial, administrative separation boards, and military disciplinary actions. If your career, reputation, or freedom is on the line, you need experienced military defense lawyers fighting for you. When the government builds a case, we build your defense. Visit ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation.

Talk to a military defense lawyer

Gonzalez & Waddington has prepared hundreds of GOMOR and letter of reprimand rebuttals and has represented service members stationed in more than 20 countries. Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.

This article is general information, not legal advice. Every case is different, past results do not guarantee a similar outcome, and reading it does not create an attorney-client relationship.

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