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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32798
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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On May 2011 a Reserve Soldier was Removed from BOLC due to

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On May 2011 a Reserve Soldier was Removed from BOLC due to the pending out come of a 15-6 investigation on whether he/she and thier classmates cheated during the course. The soldier has since then been transferred branches and units/commands went to BOLC for the new branch and has been back drilling with his/her unit (1 month 2 weeks a summer). The soldier got a revised DA 1059 stating that they have been CLEARED form the inverstigation and could RETURN to BOLC pending the units approval(which would not happen because the soldiers has already transferred and been to another BOLC). Today June 2013 the Sodlier got a phone call from thier new command stating that they will be receiving a GOMAR for cheating in BOLC in 2011 and they have document supporting the decision(Sworn statements). Can this be done after two years and by a new command? Mind you the soldier was on Active duty status when this happened and is now on reserve status.

Any advice on this would help if the punishment has to be taken it is what it is, but if the soldier can be saved that would be great also.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I want to make sure I want to know if the soldiers commander can issue a GOMOR for an incident that happened 2 years ago, prior to the transfer from active duty to a reserve status?
Customer: replied 3 years ago.
The soldier is on reserve status now and the incident occurred while under a different command while the soldier was on active duty status. The current reserve command wants to issue the GOMAR because the previous commands the soldier were under did not do so. Is this allowed?
Thank you

You are using the acronym GOMAR....I am assuming you are referring to "general officer memorandum of reprimand" or GOMOR.

I am sorry to have to bear bad news. What you describe is not inappropriate.

A GOMOR is an administrative action. It is a reprimand...not more, no less. There is no statute of limitations on issuing one...nor is it prohibited that a subsequent commander/command can issue one.

Army Regulation 600-37 (Unfavorable Information), provides that an administrative memorandum of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the Soldier.

Now...this same regulation provides a method to appeal the GOMOR.

Once a LOR is filed in the OMPF, it is presumed to be administratively correct. Thereafter, the burden of proof rests with the soldier 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 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,NNN-NN-NNNN

Let me know if you have more questions...happy to assist if I can
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you!

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