Army AR 15-6 Investigations and GOMORs: A Comprehensive Guide for Servicemembers

Introduction: A Pressing Concern for Soldiers

Imagine returning to your unit after a training exercise, only to find out that you’re under investigation based on allegations of misconduct. Your chain of command directs an Army AR 15-6 investigation to gather evidence and determine whether disciplinary action is warranted. Soon, you receive a General Officer Memorandum of Reprimand (GOMOR)—a stern warning that could potentially end your career if permanently filed in your Official Military Personnel File (OMPF).

This scenario is not uncommon, and many servicemembers have experienced a similar surge of anxiety and confusion. AR 15-6 investigations are used for myriad purposes, from looking into allegations of leadership failures to examining matters like property accountability and even false sexual assault allegations. Yet, due to the breadth and complexity of these investigations, soldiers often feel overwhelmed. How do you respond to the investigating officer? What are your rights under the UCMJ? And if you receive a GOMOR, how do you craft a compelling GOMOR rebuttal to protect your career and reputation?

In this article, we’ll break down the mechanics of AR 15-6 investigations, clarify how they intersect with the Uniform Code of Military Justice, discuss the significance of a GOMOR, and provide actionable strategies for mounting an effective defense. Whether your command is investigating you for misconduct, subpar performance, or something else entirely, understanding these processes is vital to safeguarding your rights and future.

Understanding AR 15-6 Investigations

AR 15-6 is the Army regulation that establishes policies and procedures for conducting formal investigations and boards of officers. When an issue arises—ranging from financial misconduct to allegations of ethical lapses—a commander can initiate an AR 15-6 investigation to fact-find and recommend administrative or disciplinary actions if appropriate.

Key Components of an AR 15-6 Investigation:

• Appointment of an Investigating Officer (IO): A commissioned officer (sometimes a warrant officer or senior NCO in certain cases) is appointed to conduct a thorough and impartial inquiry.
• Collection of Evidence: The IO gathers documentary evidence, conducts interviews, and records sworn statements from relevant witnesses.
• Findings and Recommendations: After reviewing all available evidence, the IO presents a written report with findings (what happened) and recommendations (what action, if any, should be taken).
• Commander’s Decision: The appointing authority or higher-level commander reviews the report, decides on a course of action, and may direct an administrative separation board, non-judicial punishment under Article 15, or other measures.

An AR 15-6 investigation can also serve as the springboard for more serious inquiries, such as CID investigations, especially in cases that involve criminal misconduct under the UCMJ (e.g., Article 120 UCMJ sexual assault cases).

Common Reasons for AR 15-6 Investigations

AR 15-6 investigations are a staple of Army administrative procedure and can be triggered for various reasons. Below are some typical scenarios:

• Misconduct or Violation of Orders: Alleged misconduct—ranging from insubordination to financial irregularities—can prompt a commander to initiate an investigation.
• Accidents or Incidents: Training accidents, vehicle mishaps, or other serious incidents often require a formal review to determine causation and corrective measures.
• Leadership or Command Climate Issues: Toxic leadership, harassment, or allegations of substandard performance may require an in-depth look at the unit environment.
• False Sexual Assault Allegations: Although more commonly investigated by CID, a command might initiate an AR 15-6 for preliminary fact-finding if the allegations are unclear or administrative in nature.
• Property Loss or Damage: Mismanagement or loss of government property can also prompt an AR 15-6 to establish accountability.

Regardless of the impetus, the process can have profound consequences, including permanent notes in your file or even separation from the service.

How AR 15-6 Investigations Intersect with the UCMJ

While AR 15-6 investigations are administrative in nature, they intersect significantly with the Uniform Code of Military Justice (UCMJ). If an investigating officer suspects criminal activity, they can refer findings to the appropriate authority for potential punitive action. This means that, although you are not initially charged with a crime, the investigation could escalate, leading to formal charges or a referral to a court-martial if the evidence supports it.

For instance, if an AR 15-6 uncovers facts suggesting a violation under Article 120 UCMJ (sexual assault), the command may decide to involve CID or the prosecution, thereby heightening the severity of the case. Understanding your rights at the intersection of these processes is crucial. It’s advisable to seek counsel—preferably a civilian military defense lawyer who specializes in military law—to ensure you have an advocate well-versed in both administrative and punitive systems.

The Significance of a GOMOR

A General Officer Memorandum of Reprimand (GOMOR) is a formal reprimand issued by a general officer. It can stem directly from an AR 15-6 investigation, but commanders can also issue it as a separate administrative measure if they believe a soldier has committed misconduct or performed poorly.

Key Points About GOMORs:

• Two Filing Options: A GOMOR can be filed locally in a soldier’s unit file or permanently in the OMPF. A locally filed reprimand is typically destroyed upon a soldier’s PCS or after a set timeframe, whereas a permanently filed GOMOR can effectively end a soldier’s career prospects.
• Severity: Although not a criminal conviction, a GOMOR is severe. It can bar reenlistment, derail promotion opportunities, and lay the groundwork for further actions like an administrative separation board.
• Rebuttal Opportunity: Soldiers do have the right to respond with a GOMOR rebuttal, offering their side of the story or contesting the findings of any prior investigation.

Receiving a GOMOR often comes as a shock, particularly when you believe the allegations are unfounded or the punishment is disproportionate. Swiftly responding with a comprehensive rebuttal is essential to mitigating damage to your record.

Crafting a Strong GOMOR Rebuttal

Your rebuttal can be the turning point between a career-ending event and a second chance. A well-prepared GOMOR rebuttal can persuade the issuing authority to rescind, downgrade, or locally file the memorandum instead of placing it in your permanent file.

Below are steps to help you craft a compelling response:

1. Act Promptly
   • Time is of the essence. Most commands grant a relatively short window (often 7-10 days) to respond. Start gathering evidence and seeking counsel immediately.
2. Seek Legal Advice
   • Consult a civilian military defense lawyer or your military defense counsel for insights on the strongest arguments and relevant regulations to cite in your favor.
3. Assemble Supporting Evidence
   • Witness statements, character references, performance evaluations, and any documentary evidence that counters or contextualizes the allegations can strengthen your rebuttal.
   • If the GOMOR stems from an AR 15-6 investigation, highlight inconsistencies or procedural errors in the investigation (e.g., missing evidence or biased interviewing techniques).
4. Explain Mitigating Factors
   • If there were extenuating circumstances—such as an error rooted in confusion, poor guidance, or short staffing—offer a clear explanation backed by relevant documents or witness testimony.
5. Maintain a Respectful Tone
   • Despite your frustration, remain courteous and professional throughout your rebuttal. A respectful tone can influence how your chain of command perceives you and your case.
6. Request a Favorable Outcome
   • End your rebuttal by stating your desired outcome—e.g., withdrawal of the GOMOR, a lesser level of filing, or leniency in your punishment.

Your GOMOR rebuttal’s success often hinges on your ability to demonstrate that the reprimand is either unwarranted or overly severe based on the evidence.

Overcoming Challenges in AR 15-6 Investigations

AR 15-6 investigations can be stressful. Here are common challenges soldiers face, along with strategies to address them:

• Limited Access to Evidence
  • You might not have the same investigative resources as the command. Gather any documents you can from your immediate environment—emails, memos, or logs—and request copies of relevant records under open government regulations, if permissible.
• Command Influence
  • Leaders at higher echelons sometimes unintentionally (or intentionally) steer an investigation’s outcome. A knowledgeable attorney can spot undue command influence and object to it.
• Inconsistent or Biased Witnesses
  • Some witnesses may have personal biases or conflicting motivations—financial, relational, or career-related. Thoroughly vet their credibility. In more severe cases, such as false sexual assault allegations, you may even need to consider cross-examining Cluster B personality disorders (e.g., narcissists or individuals with borderline personality disorder) to highlight inconsistencies in their accounts.
• Potential for Criminal Escalation
  • If at any point the investigation points to a violation under the UCMJ—especially serious offenses like Article 120 UCMJ—the command may escalate the matter. Retain or consult with a civilian military defense lawyer early to prepare for this possibility.
• Career Repercussions
  • Even if you aren’t criminally charged, the findings can lead to non-judicial punishment (Article 15), letters of reprimand, or an administrative separation board. Staying proactive and well-advised throughout the process can mitigate severe career setbacks.

Defense Strategies for AR 15-6 Investigations and GOMORs

• Proactive Evidence Gathering
  • Collect supportive materials early. Don’t wait until after the investigating officer finishes their inquiry; you have the right to present your own evidence and witnesses.
• Countering Misleading or False Accusations
  • If you suspect the allegations stem from personal vendettas, misunderstandings, or a personality disorder in the accuser, you may need specialized strategies like cross-examining Cluster B personality disorders.
  • Gather text messages, social media posts, and other communications that could illuminate the nature of your relationship with the accuser.
• Identifying Procedural Errors
  • AR 15-6 requires certain procedural steps. If the IO was biased or ignored critical witnesses, these are grounds to challenge the findings.
• Collaboration with Legal Counsel
  • Both your assigned military defense counsel and a civilian military defense lawyer can review evidence, interview witnesses, and submit formal written responses challenging the investigation’s conclusions.
  • A civilian attorney can devote more time and resources to your case, especially if it involves multiple complexities like CID investigations or potential criminal charges.
• Command Negotiation
  • An experienced attorney may also negotiate with the command to reduce the severity of any potential action—such as requesting a locally filed GOMOR over a permanently filed one, or pushing for lesser administrative measures in lieu of separation.

Potential Outcomes After an AR 15-6 Investigation

1. No Action
   • The command might determine that the allegations are unsubstantiated and close the case with no further action.
2. Administrative Action
   • This may include counseling, a locally filed GOMOR, or other non-punitive measures. While not as severe as court-martial charges, these can still impact your promotion and career progression.
3. Permanent GOMOR
   • A permanent reprimand is placed in your OMPF, significantly damaging your prospects for reenlistment or advancement.
4. Non-Judicial Punishment (Article 15)
   • Depending on the severity of the findings, you could face extra duty, loss of pay, or a rank reduction.
5. Administrative Separation Board
   • The commander may decide that the misconduct warrants an involuntary separation hearing. If separated, your characterization of service (Honorable, General, or Other Than Honorable) profoundly affects your future benefits.
6. Referral to Court-Martial
   • If the alleged offense is sufficiently grave—especially under Article 120 UCMJ—the command might pursue court-martial charges. A conviction could lead to confinement, punitive discharge, or both.

Understanding these possible outcomes underscores the importance of handling every stage of the investigation and GOMOR rebuttal process with diligence and professional expertise. For more detailed information on military legal standards, visit the U.S. Army Judge Advocate General’s Corps website.

Frequently Asked Questions

Q: Can I refuse to cooperate with an AR 15-6 investigation?
A: While you can invoke your rights against self-incrimination under the UCMJ, refusing to participate altogether might cast suspicion. A balanced approach—seeking legal counsel before making any statements—is often more prudent.

Q: If the AR 15-6 investigation leads to a GOMOR, can I still defend myself?
A: Yes. The GOMOR process includes a rebuttal opportunity, and the final filing decision may be influenced by a well-prepared defense.

Q: Do I need a civilian military defense lawyer if I already have a military attorney?
A: While not mandatory, a civilian attorney can dedicate more specialized attention to your case. Combining the expertise of both counsels can strengthen your defense, especially in complex cases involving false sexual assault allegations or CID investigations.

Q: Can a GOMOR affect my civilian life if I separate from the Army?
A: A permanently filed GOMOR might be discovered by future employers through background checks or when reviewing your DD214. It can negatively impact federal employment prospects and certain licensing boards.

Closing Thoughts

Facing an AR 15-6 investigation or a GOMOR is undoubtedly stressful. From the potential for career-altering administrative actions to the risk of punitive measures under the UCMJ, these processes require a firm understanding of your rights and proactive defense strategies. Whether your situation involves allegations of poor leadership, misconduct, or false sexual assault allegations, don’t face these challenges alone. Engaging the services of a civilian military defense lawyer can make a critical difference in safeguarding your reputation, career, and future.

If you or a loved one are facing legal issues in the military, contact Gonzalez & Waddington, Civilian Military Defense Lawyers, at 1-800-921-8607 for a free consultation. Our experienced team represents servicemembers worldwide.