General Officer Memorandum of Reprimand (GOMOR) & Letter of Reprimand (LOR)

Reprimand

A letter of reprimand is an administrative censure, or a formal statement of disapproval, issued to a service member by his or her command as a warning and to create a record that he or she has failed to comply with established regulations, standards, and/or command policies. Thus, reprimands are considered “unfavorable information” and can be filed either in a service member’s local or permanent personnel file.

General Officer Memorandum of Reprimand (GOMOR)

A GOMOR is a reprimand issued by a general officer to a Soldier under his or her command. Once issued, a GOMOR can be filed either in a Soldier’s local file or the performance portion of the Soldier’s Army Military Human Resource Record (AMHRR) at the general officer’s discretion according to Army Regulation (AR) 600-37, Unfavorable Information.

Local File

A GOMOR filed “locally” in a Soldier’s military personnel record can be seen by the Soldier’s chain of command, but not by a promotion board, and it will be removed upon reassignment to another general court-martial jurisdiction or after 18 months, whichever is sooner. However, as explained below, a GOMOR cannot be filed locally if it was issued in relation to or as a result of an alleged sex-related offense such as those under Articles 120, 125, 130, and 80, UCMJ.

Permanent File

A permanently filed GOMOR is placed in the performance-disciplinary portion of a Soldier’s AMHRR and can be seen by Army Human Resources Command and promotion boards. A GOMOR remains in the performance portion of a Soldier’s AMHRR for the duration of the Soldier’s career unless he or she files a successful appeal to have it removed or transferred to the restricted portion of the AMHRR where it is not generally viewable by promotion or selection boards. However, exceptions are DA selection boards (upon a specific written request by the board president); the CSM/SGM Academy and CSM/SGM retention boards; and some other government agencies by written request as described in AR 600-8-104.

In addition, AR 600-37 mandates that commanders do not have the authority to place GOMORs (or other memoranda of reprimand, admonishment, or censure) related to or issued as a result of alleged sex-related offenses in the restricted portion of a Soldier’s AMHRR or a Soldier’s local file. Alleged sex-related offenses include those under Articles 120, 125, 130, and 80, UCMJ.

A permanently filed GOMOR may prevent a Soldier from being promoted. Also, the negative information related to the GOMOR may be referenced or recorded in a Soldier’s NCOER/OER. For noncommissioned officers (NCOs), a GOMOR, and/or a negative NCOER, may trigger a Qualitative Management Program (QMP) review. The QMP review can disqualify an NCO from continued service on the basis that he or she has not met Army retention standards for continued service. For officers, a GOMOR can also be a basis for the later initiation of administrative separation proceedings.

GOMOR Rebuttal

Submitting a rebuttal to the GOMOR is your opportunity to request that it be withdrawn and destroyed or filed in your local personnel file (except for alleged sex-related offenses). Upon receipt of a GOMOR, you will be notified of your opportunity to appeal/rebut it and the date by which your rebuttal must be received (usually 7-10 days from the day you receive it).

Generally, rebuttals consist of either denials of the allegations asserted in the GOMOR, or requests to have the GOMOR filed locally, or some combination of both approaches. As such, rebuttals can present exculpatory arguments and supporting evidence aimed at persuading the general officer you did not commit the acts alleged in the GOMOR. Alternatively, you can acknowledge the alleged misconduct but present facts and evidence minimizing the seriousness of the conduct or your culpability for the conduct in order to show that a permanently filed GOMOR is too harsh of a punishment. A third approach can be to neither admit nor deny the allegations but present evidence of your excellent duty performance and good character. Input and assistance from an experienced attorney is crucial to help you evaluate your preferred approach and to formulate the most effective and persuasive rebuttal to achieve your goals.

An expertly crafted rebuttal is the most timely and effective means by which to successfully defend a GOMOR. Once submitted, the general officer will review your rebuttal and supporting evidence to make a filing determination as to whether to withdraw and destroy it or to file it locally or permanently. If your rebuttal is successful and the GOMOR is withdrawn and destroyed, it will never reach your personnel file or AMHRR. If the GOMOR is filed locally, it can be removed after 18 months or when you PCS to another general court-martial jurisdiction, whichever occurs first. Should the reprimand be filed permanently, your rebuttal and supporting materials can be filed permanently with the GOMOR upon your request.

In addition, although a locally filed GOMOR can be automatically removed after 18 months or upon your PCS to another general court-martial jurisdiction, you can request the commander who made the filing determination to remove it prior to that time. For a GOMOR filed in your AMHRR, you can file an application to the DA Suitability and Evaluation Board (DASEB) as outlined in AR 600-37, Chap. 7 to have it removed.

If you are looking to proactively defend yourself and your career from the negative effects of a GOMOR or other reprimand by submitting a thorough, effective rebuttal, please contact Mr. Karns for a free consultation and put his thirty years of experience to work for you.