“I Didn’t Do It”: The Dangers of Denying Culpability Without Evidence
The most difficult GOMOR to fight is not the one where the soldier is guilty. It is the one where the soldier is innocent.
When you are guilty, the strategy is clear: Mitigation, rehabilitation, and “whole soldier” defense. But when you are innocent—falsely accused of sexual assault, drug use, or insubordination—you face a terrifying paradox. If you admit to it, you lose your career. If you deny it, the Commander often views you as having “no integrity” and files the reprimand permanently anyway.
At Gonzalez & Waddington, we defend the falsely accused every day. We know that a “naked denial” (saying “I didn’t do it” without evidence) is a trap. To win, you must understand the rigged game you are playing.
The 51% Trap: Preponderance of the Evidence
This means the General only needs to be 51% sure you did it. If it is your word against an accuser’s word, and the General finds the accuser slightly more credible, you lose. Worse, because you denied it, the General will likely write in your permanent file: “Soldier lacks integrity and refuses to take responsibility for their actions.”
This label—”Lacks Integrity”—is a career killer. It guarantees you will fail future boards.
The “Naked Denial” vs. The “Forensic Denial”
Most soldiers write what we call a “Naked Denial.” It looks like this:
“I respectfully deny the allegation. I did not sexually harass Private Smith. I am a professional NCO and would never do that.”
This fails because it offers the General no new information. The General has already read the investigation and decided you likely did it. Your opinion of yourself does not change the evidence.
The Gonzalez & Waddington Approach: The Forensic Denial
When we represent an innocent client, we do not just deny the allegation; we dismantle the investigation. We give the General a reason to doubt the 51%.
Case Study Strategy: The “He-Said-She-Said” Defense
The Allegation: An NCO is accused of making a sexual comment to a subordinate in the motor pool. There were no witnesses.
Our Rebuttal Strategy: Instead of just denying the comment, we attacked the timeline and credibility:
- Evidence A (Timeline): We pulled gate logs showing the accuser wasn’t even at the motor pool at the time alleged in their sworn statement.
- Evidence B (Motive): We attached counseling statements showing the NCO had recently corrected the accuser for being late, establishing a motive for a false fabrication.
- Evidence C (Character): We included statements from female soldiers who had worked with the NCO for years, attesting to his strict professionalism.
The Result: The General could no longer be 51% sure. The GOMOR was withdrawn.
The Polygraph Trap
In desperation, many innocent soldiers say, “I’ll take a polygraph! That will prove it!”
Do not do this. Military polygraphs are investigative tools often used to coerce confessions. If the results are “Inconclusive” (which happens often due to stress), the Command will treat it as a failure. If you pass, the Command can simply ignore it.
We only recommend polygraphs under very specific, controlled circumstances involving private examiners, not government agents.
Why You Need a Lawyer to Deny Allegations
Denying an allegation is an act of war against the investigation. You are telling the Commander, “Your investigator got it wrong.”
To do this successfully, you need a lawyer who can spot confirmation bias, leading questions, and procedural errors in the file. A civilian defense counsel can aggressively attack the quality of the investigation in a way that a uniformed subordinate cannot.
If you are innocent, you cannot afford to be polite. You need to be right, and you need to prove it.
Frequently Asked Questions
What happens if I deny it and they file it anyway?
If you deny the allegation and the GOMOR is permanently filed, the rebuttal becomes your primary evidence for the subsequent Board of Inquiry. By vigorously contesting the facts now, you preserve your right to fight the separation later.
Can I be separated for a GOMOR even if there is no proof?
Yes. Administrative Separation Boards also use the “Preponderance of Evidence” standard. You can be fired from the military for a crime that a court-martial could never prove.
Should I admit to a lesser offense to get leniency?
This is a dangerous gamble. Admitting to “unprofessionalism” to avoid a “sexual harassment” label can sometimes work, but it can also be used as a confession to support the original charge. Never make partial admissions without legal counsel.
Innocence is Not Enough. You Need a Defense.
If you have been falsely accused, do not rely on the truth setting you free. Rely on a forensic legal defense.
Contact Gonzalez & Waddington today at 1-800-921-8607 or visit ucmjdefense.com.
