Officer vs. Enlisted GOMORs: Why Your Defense Strategy Must Be Different
In the civilian world, a lawyer defends every client with the same goal: “Not Guilty.” In the military administrative system, however, the rank of the client dictates the strategy entirely.
A strategy that saves a Private First Class (E-3) will destroy a Captain (O-3). Why? Because the military views Enlisted misconduct as a discipline problem, but Officer misconduct as a character flaw.
At Gonzalez & Waddington, we see too many Officers trying to use “Enlisted” defenses—apologizing, promising to do better, and asking for a second chance. For an Officer, there are rarely second chances. There is only “Up or Out.”
The “Rehabilitation” Myth
The Goal: Retention & Rehabilitation.
The Argument: “I made a mistake. I am young. With good NCO leadership and training, I can be rehabilitated and continue to serve.”
Why it Works: The Army expects young soldiers to make mistakes. If you show potential, they will keep you.
The Goal: Survival.
The Argument: “The allegation is factually incorrect. Here is the evidence proving I upheld the standards of an Officer.”
Why “Rehab” Fails: Officers are expected to be the standard. If you admit you need “fixing,” you are admitting you are unfit to lead. You effectively resign your commission.
The Promotion Board Reality
For Officers, a permanently filed GOMOR is a “Career Killer.”
When an Officer’s file goes before a promotion board, the board members spend only seconds reviewing it. If they see a GOMOR in the “restricted” or “performance” fiche, the file is almost automatically discarded.
Because Officers operate on an “Up or Out” timeline, failing to promote twice results in automatic discharge. Therefore, an Officer’s GOMOR rebuttal cannot just be about “staying in today.” It must be about clearing the record for tomorrow. This requires a “Scorched Earth” legal defense that attacks the validity of the GOMOR itself, aiming for nothing less than total withdrawal or local filing.
The “Show Cause” Trigger
For Officers, a GOMOR often triggers a Board of Inquiry (BOI), also known as a “Show Cause” board. The name says it all: You must show cause why you should be allowed to stay.
This is a higher
