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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33104
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can you promote after receiving a GOMAR?

Resolved Question:

Can you promote after receiving a GOMAR?
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.
You can...but a GOMOR can also be used to remove a soldiers name from the promotion list.
So yes...it is possible to be promoted...but also possible the misconduct that prompted the GOMOR will stop a promotion
Customer: replied 5 years ago.

So yes and no?

I'm a 1LT and I am getting a GOMAR for AWOL for coming to work for three days in the evening instead of in the morning during duty hours-- in addition to whatever else they can stick on that charge. Does that mean I won't promote to CPT, or just wont command...?

Expert:  P. Simmons replied 5 years ago.
You will not get Capt. Not the first time. But you may be able to on your second chance if you stay out of trouble and receive good oer's.
Customer: replied 5 years ago.

How long between your first chance and second chance? Also, If I know I won't promote, how long can I stay in the military as a 1LT, I have been in the military for a total of 2 1/2 years.

Expert:  P. Simmons replied 5 years ago.
One year, your second chance is one year later. How long can you stay in? That changes year to year...but if you do not select on your second chance it is not likely you will be able to stay in much longer
Customer: replied 5 years ago.

Is there a a way to offer rebuttal to GOMAR? Is it also on your permanent record? Does it affect the kind of discharge you get should you leave the army? Also again, does it prevent you from commanding, or any other particular officer task/dut?

Can I leave my unit and transfer to another, or will a GOMAR prevent me from being transferred? Since it is questionable that I'll go to the CPT's career course, I'd like to be able to at least get out of the unit that has made the year that I have spent there in my second year of the army, quite possibley the worse and most unsupported experience in my life. Is a GOMAR worse than an article 15?

Expert:  P. Simmons replied 5 years ago.

You are allowed to file a rebuttal to your GOMOR. Once you receive a GOMOR you should request that it be filed "locally." This means that when you leave for your next assignment the GOMOR will not follow you in your record. It is in your rebuttal that you should request that it be filed "locally." Legal Assistance will review the format and substance of your rebuttal, as well as answer your questions.

The command is not required to keep the GOMOR local, but you can request.

As for an appeal. If the letter is issued and not maintained locally, you may be able to appeal.

There is a procedure described in AR 600-37, chapter 7, for requesting the Department of the Army Suitability and Evaluation Board (DASEB) to remove the LOR from your OMPF, or to transfer the LOR from the performance record to the restricted portion of the OMPF.

Once a LOR is filed in your OMPF, it is presumed to be administratively correct. Thereafter, the burden of proof rests with you to provide evidence of a clear and convincing nature that the allegations are untrue or unjust, in whole or in part, thereby warranting removal. Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered.

Appeals are normally restricted to grades E6 and above, officers, and warrant officers. For soldiers in grades below E6, an appeal will only be considered as an exception to policy.

Appeals should be in military memorandum format and accompanied by relevant, substantive evidence. Appeals should be sent directly to the President, DA, Suitability Evaluation Board, HQDA (DAPE-MPC-E), Washington, DC,###-##-####

It will not impact your discharge.

It will not prevent transfer.

No, a GOMOR is not worse than Art 15...it is less severe

P. Simmons and other Military Law Specialists are ready to help you

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