Facebook
X
LinkedIn
  • This field is for validation purposes and should be left unchanged.

Recent Posts

Article 138 Complaints: One of the Most Powerful—and Most Misunderstood—Rights in the Military

GOMORs in the Army: Why an Administrative Reprimand Can Follow You for Years

A Father, a Soldier, and the Law: Attorney Nicholas DauSchmidt Speaks in Rome on Parental Child Abduction and Enforcement Gaps in Europe

The Case of the Black Sheep Burglary: A True Account of a Trial Lawyer’s Jury Service

What to Know About Unlawful Command Influence in the Military

How Social Media Can Impact Your Court Martial Defense

When Should You Consult a Military Attorney?

Can You Join a Different Military Branch After Being Discharged? What the Regulations Say

GOMORs in the Army: Why an Administrative Reprimand Can Follow You for Years

Few documents create more confusion for Soldiers than a General Officer Memorandum of Reprimand, commonly known as a “GOMOR.” Some Soldiers hear the word “administrative” and assume the matter is relatively minor. Others believe that a GOMOR is tantamount to being court-martialed and they are entitled to all the due process rights a Soldier might receive at trial. Both assumptions are not accurate and, unfortunately, at the Jordan UCMJ Law Group we have seen many Soldiers very misinformed on the reality of GOMORs.

A GOMOR is, essentially, a written censure issued by a general officer. It may address conduct ranging from an alcohol-related incident or an inappropriate relationship to alleged dishonesty, poor judgment, or leadership failures. Although it is not itself a criminal conviction, a permanently filed GOMOR can become one of the most consequential documents in a Soldier’s military record.

At the Jordan UCMJ Law Group, we regularly speak with Soldiers who focus almost entirely on whether they will be charged under the UCMJ while underestimating the administrative action developing alongside the investigation. In many cases, the criminal allegation fades while the GOMOR remains. GOMORs are “easy” for commands to issue and even regular letters of reprimand (LOR) from lower-level commanders can be elevated to a permanently filed level—if forwarded to the proper approval authority at the general officer level. 

What a GOMOR Actually Is

At its core, a GOMOR is an administrative memorandum expressing official disapproval of a Soldier’s conduct. “Army Regulation 600-37 Unfavorable Information” governs unfavorable information and establishes the basic procedures for referring, responding to, and filing reprimands in a Soldier’s record.

The issuing general officer does not need a court-martial conviction before issuing a GOMOR. A reprimand may be based on an investigation, civilian police report, command inquiry, witness statements, or other information the issuing authority considers credible. This means the GOMOR process can continue even when civilian charges were dismissed, military prosecutors declined prosecution, or the available evidence would not support a criminal conviction.

Before unfavorable information is permanently filed, the Soldier must receive notice of the proposed action, an opportunity to review the supporting documentation, and a meaningful opportunity to submit written matters. The response may deny the allegation, explain disputed circumstances, identify legal or factual errors, or present mitigation and evidence of rehabilitation in favor of the Soldier.

The Filing Decision Is Often the Real Fight

One of the most important features of a GOMOR is that issuance and filing are separate decisions. A general officer may issue the reprimand but later decide to rescind it, place it in a local file, or direct filing of it in the Soldier’s Army Military Human Resource Record (AMHRR).

A locally filed reprimand remains within the command’s records for a limited period under the governing rules. It may still affect the Soldier in the immediate term, but it is much less damaging than permanent filing because centralized promotion and selection boards generally will not see it. Local filings “go away” once a Soldier changes duty station.

A reprimand placed in the performance portion of the AMHRR remains visible throughout the Soldier’s career. Promotion boards, assignment managers, and other Army decision-makers may consider it. For officers, permanently filed adverse information may also support elimination or show-cause proceedings. For noncommissioned officers, it can contribute to qualitative management program (QMP) or retention concerns.

This is why a rebuttal should rarely focus only on whether the issuing general officer used an unfair phrase or misunderstood a minor fact. The response must address the ultimate filing decision. Even when some misconduct occurred, the Soldier may still present a powerful case that permanent filing is unnecessary, disproportionate, or inconsistent with the Soldier’s overall record and demonstrated potential for continued service.

A GOMOR Is Not the Same as an Article 15 (Non-Judicial Punishment (NJP))

An Article 15 proceeding is imposed under the UCMJ and may include punishment such as reduction, forfeiture of pay, restriction, or extra duty. A GOMOR is administrative censure and does not itself impose those punishments.

The distinction, however, should not create false comfort. In some careers, a permanently filed GOMOR may cause greater long-term damage than relatively modest Article 15 punishment. The reprimand can influence decisions years after the event, particularly when a board reviews the Soldier’s entire official record without hearing live testimony or receiving a complete explanation of the surrounding circumstances.

The government may also pursue both actions arising from the same incident. A Soldier might receive an Article 15, a GOMOR, a referred evaluation, a flag, and separation notice based on the same allegation or overlapping allegations. Successfully resolving one action does not automatically terminate the others. Each process requires its own analysis and response.

Building an Effective Rebuttal

A strong GOMOR rebuttal begins with an honest assessment of the evidence. The correct strategy depends on whether the Soldier completely denies the allegation, disputes important portions of it, accepts responsibility, or seeks primarily to demonstrate mitigation and rehabilitation. A response that apologizes for conduct the Soldier insists never occurred can undermine credibility. Conversely, a blanket denial may be ineffective when reliable evidence establishes at least part of the misconduct.

Relevant materials to rebut may include sworn witness statements, text messages, photographs, official records, medical evidence, prior evaluations, awards, and letters from character references who understand both the allegation and the Soldier’s character. The most persuasive authors explain how they know the Soldier, acknowledge the seriousness of the allegation and their knowledge of it, and describe why continued service without permanent filing remains warranted.

A rebuttal should be direct, professional, and organized. Attacking investigators, blaming subordinates, or accusing the command of corruption without evidence can distract from legitimate defenses. The objective is not to express every frustration a Soldier might feel. It is to give the filing authority a credible factual basis and a principled reason to select the least damaging appropriate filing outcome.

Soldiers should also review the material supporting the reprimand; ideally this is done with the help of experienced legal counsel. Investigative reports sometimes contain inconsistent statements, unsupported conclusions, omitted context, or allegations beyond the investigation’s actual findings. Identifying those problems precisely is more persuasive than simply claiming the process was unfair.

Common Mistakes Soldiers Make

The first common mistake is waiting until the rebuttal deadline is close before seeking legal advice. Suspenses are often short, while obtaining records and meaningful character statements takes time. If additional time is reasonably necessary, counsel may request an extension, but a Soldier should never assume one will be granted.

The second mistake is treating the rebuttal as a personal letter rather than a legal and strategic submission. Emotion is understandable, but unsupported outrage rarely changes a filing decision. The response must connect the evidence to the requested outcome. Even if unsuccessful in avoiding permanent filing, a good response can lay the foundations for later removal via the Army Review Board Agency (ARBA).

The third is focusing exclusively on proving innocence while ignoring alternative arguments. A rebuttal can preserve a denial and still explain why permanent filing would be disproportionate if the issuing authority reaches a different factual conclusion. Effective advocacy often presents the strongest primary position while responsibly addressing the decision-maker’s other possible findings.

Finally, Soldiers sometimes submit character letters from individuals who know little (or nothing) about the allegation or use identical template language. A smaller number of detailed, candid statements usually carries more weight than a stack of vague endorsements.

Can a Permanently Filed GOMOR Be Removed?

Permanent filing does not always end the matter, but later relief is challenging and should never be treated as a substitute for an effective initial rebuttal. Eligible Soldiers may petition the Department of the Army Suitability Evaluation Board (DASEB) to remove unfavorable information or transfer it to the restricted portion of the record. Separated or retired Soldiers generally pursue correction through the Army Board for Correction of Military Records (ABCMR).

The applicable standard depends on the requested relief. An appeal may argue that the reprimand is untrue or unjust (removal of the GOMOR), that its intended purpose has been served (movement to the restricted fiche of the AMHRR), or that transfer is now in the Army’s best interest. Successful petitions are normally supported by sustained strong performance, new evidence, rehabilitation, and a clear explanation of why continued placement in the performance record no longer serves a legitimate purpose.

Passage of time alone does not erase a GOMOR, and an excellent record after filing does not automatically establish error or injustice. The best petitions combine regulatory analysis with evidence demonstrating both the problem with the original action and the Soldier’s conduct since it occurred.

Final Thoughts

GOMORs occupy a difficult and unique space in military practice. They are administrative rather than criminal, yet their practical consequences can be career-ending. A Soldier may avoid a court-martial, receive no Article 15 punishment, and still face promotion failure, separation, or lost opportunities because of a permanently filed reprimand.

The rebuttal process is not a simple formality. Often, it is the Soldier’s best opportunity to correct the record, place disputed facts in context, demonstrate accountability or rehabilitation, and influence where the reprimand will be filed. It is also the chance to lay the groundwork for further appeal should the initial rebuttal not be successful. That opportunity should be approached with the same seriousness as any other career-defining legal proceeding. Experienced military defense counsel can help determine the right strategy before a short suspense becomes a permanent career problem.