GENERAL OFFICER MEMORANDUM OF REPRIMAND (GOMOR) REBUTTALS
How To Appeal and Win Back Your Career in 7 Days
What A GOMOR Is And What It Is Not
The GOMOR as it stands in the Army is a reprimand issued by a General Officer to reprimand a Soldier for misconduct that does not warrant a court martial. Or, at least that is what it is supposed to be. For many years now, the GOMOR has become the career ending letter of reprimand issued by General Officers. These get issued either when they get upset their JAG says there is not enough evidence to move forward with a court martial or when a vindictive JAG recommends a GOMOR be issued because they know they can’t win at trial.
Just recently we had a Non Commissioned Officer facing an investigation for sexual assault of a junior enlisted member. The evidence, which includes cctv footage, showed that she was lying about her allegations. Now, while it was right and just hear the claims of an alleged victim and investigate the claims, there still must be a burden of evidence met lest we find ourselves prosecuting innocent individuals. In this case, there was never a chance they could win in court and there was not even a good ethical or moral standing to substantiate the allegations.
So what does the General do? He issues a GOMOR for sexual assault. That is correct, the General apparently believes a woman was sexually assaulted and all he issues is a letter of reprimand. That’s because he knows the allegation is B.S. and is his way of exercising extra judicial punishment that will follow this Soldier the rest of his life. Or perhaps, with the current war on sexual assault raging, the General did not have the moral fortitude to call the case for what it was, a false allegation. If the GOMOR is permanently filed in his AMHRR, they will also file what is called a Documented Sex-Related Offense (DSRO) with HRC, that will then follow him wherever he seeks any federal employment. This isn’t justice and even in the strange and stacked against the defense world we call military justice; this still is just not right.
What Happens When The 7 Day Clock Runs Out?
When you are issued a GOMOR, you have 7 days to file a rebuttal. That’s it, just 7 days and the way they issue you the GOMOR, you tend to think that it’s not a big deal. If you’ve served in the military then you have been reprimanded for some reason or another. So why not take this reprimand on the chin and move on. That’s because what happens when this 7 day clock runs out will shock even some of the most experienced and informed Soldiers.
The second option they have is to file it locally in your service record. It will stay there until you PCS and if nothing else happens. In that scenario, you can frame it and hang it above the pool table at your new house in Killeen outside of Fort Hood. The third and most damning option is to permanently file the GOMOR that will then follow you where you go. Know this, for serious allegations involving sexual assault or SHARP, they cannot locally file in your record alone. They must tear it up or permanently file it without exception.
What’s The Worst That Can Happen With a GOMOR?
Next, they’ll administratively separate you or send you to a board of inquiry or show cause board where you’ll have to show cause for retention. This becomes a difficult task when a Commanding General just gave you a GOMOR for sexual assault and you couldn’t find the time to at least put forward a rebuttal. There is a good chance you’ll be pressured into resigning your commission as an officer and that would be an unqualified resignation, which means there is no guarantee of an honorable discharge.
The Most Important Rebuttal Of Your Life
When most Soldiers receive a GOMOR, it never passes through their heads that their Army career could effectively be over in 7 days. Again, we believe the ubiquitous nature of the reprimand is partly to blame for this dilemma. How many times have you been asked a question by senior personnel during a verbal reprimand and it is quite clear that the question was rhetorical in nature. So many times, it is your job to sit there and take it for the good order and discipline of the military. Not so with a GOMOR.
We’ll get the file and go through a discovery process with the records and with you as the client. It is true that 99 times out of 100, your version of the story didn’t make its way into the GOMOR. Think back to the example we spoke about earlier. The GOMOR didn’t say, “You are receiving a reprimand for sexual assault of a junior enlisted member, though CCTV evidence speaks to the contrary.” No, the reprimand actually said, and this an authorized release of a quote from that very GOMOR, “Your behavior is abhorrent. You chose to sexually assault a fellow Soldier who trusted you and considered you a friend.”
Your Rebuttal Must Be Heard
Can you see why it is important to get your voice into the rebuttal? We’ll often interview witnesses to get their version of the story as well. If an actual incident did take place, we’ll make sure we get extenuating and mitigating circumstances. We’ll fill the holes in the investigation because we already know there were substantial reasons why they went with a GOMOR instead of a court martial. There are holes in the investigation, and we are going to make sure everyone in the chain of command knows about it.
Right Decision or Wrong Decision, No Decision Is The End Of Your Career
For those of you who have stepped outside of the wire, you know that decisions made under duress in combat are complex. However, you also know that no decision is deadly. You might make the right decision or the wrong decision during an ambush, but no decision ensures the death of everyone around you. The Army GOMOR as it is currently being utilized is an ambush on your honorable career. No decision or no rebuttal, is the end of it all.