For a Junior Enlisted soldier, a GOMOR is a hurdle. For an Officer or Senior NCO, it is often a career-ender. The moment a GOMOR is filed permanently, your promotion packet is dead. The question shifts from “How do I get promoted?” to “How do I save my pension?”

At Gonzalez & Waddington, we counsel senior leaders through the hardest decision of their careers: Do you fight the reprimand to the death, or do you negotiate a “Golden Parachute”?

Sometimes, the biggest win isn’t staying in. It’s getting out with your rank, your Honorable Discharge, and your retirement check intact.

The High-Stakes Gamble: Board vs. Negotiation

If you have 18+ years of service, you are in the “Sanctuary” zone, but you are not safe. A Board of Inquiry (BOI) or Administrative Separation Board can still strip you of your retirement if they determine your misconduct warrants an Other Than Honorable (OTH) discharge.

The “RILO” Strategy (Resignation in Lieu of Elimination)

For Officers facing a “Show Cause” board, the RILO is often the smartest play. It is a legal deal: “I will go quietly, but only if you guarantee my discharge characterization.

However, you cannot just submit a standard RILO request. It must be crafted like a legal brief. It must convince the General that:

• Your decades of honorable service outweigh this one mistake.
• Proceeding to a Board of Inquiry would be a waste of government resources.
• Your misconduct was an isolated incident, not a character flaw.

If written poorly, the General will recommend disapproval of the RILO and force you to the Board anyway.

The Grade Determination Board Trap

Even if you are allowed to retire, you are not out of the woods. The Grade Determination Board (GDB) decides what rank you retire at. If you are a Lieutenant Colonel (O-5) with a GOMOR for misconduct, the GDB can bust you down to Major (O-4) for retirement pay purposes.

This difference can cost you $500,000 to $1,000,000 over a lifetime.

We draft your GOMOR rebuttal specifically to target the GDB criteria. We plant evidence now that proves you served “satisfactorily” in your current grade, making it harder for them to demote you later.

You Need a Negotiator, Not Just a Fighter

There is a time to scorch the earth, and there is a time to shake hands and walk away with your wallet. Knowing the difference requires experience.

Michael Waddington has handled high-profile negotiations for senior officers involving sex scandals, toxic leadership allegations, and financial improprieties. We know how to leverage the command’s desire for a “quiet resolution” to secure your financial future.

Frequently Asked Questions

If I resign, do I admit guilt?

Usually, a RILO requires an admission that “substandard performance” or “misconduct” occurred. However, we carefully word this admission to limit legal liability while satisfying the regulatory requirements for the resignation.

Can they take my retirement if I have over 20 years?

Yes. If a Board gives you an Other Than Honorable (OTH) or Bad Conduct Discharge, you lose your retirement regardless of how many years you served. The “20-year lock” is a myth when it comes to misconduct discharges.

When should I hire a lawyer?

Immediately upon receiving the GOMOR. The rebuttal you write today sets the stage for the negotiation tomorrow. If you write an angry, defensive rebuttal, the Command will be less likely to offer you a graceful exit later.