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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 11992
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I just received a GOMOR for a curfew violation that was filed

Customer Question

I just received a GOMOR for a curfew violation that was filed permanently. Is it possible for the CG who issued/made the final decision on how to file it, able to "revoke" or change his decision? Iam thinking about using the CG's open door policy to explain to him all the facts of the events that led to my GOMOR recommendation, just wondering if it would make a difference? The sworn statement from the Field Officer of the Day (FOD) is partially false, which was used for part of the official notification. The CG was going thru a CoC during my recommendation......the outgoing was on leave, the Assistant Division CDR of Maneuvers was the approving authority and issued the notification.......the incoming and now present CG is who received my rebuttal response and made the final decision based off of the notification and my response etc. The sworn statement and notification are partially false, and make my curfew violation seem way worse then what it really was. Just wonder if its worth meeting with the CG via open door policy to explain to him what happened, that there are false statements etc since I wasn't able to explain/ argue my case during my rebuttal, and if he'd be able to reverse his decision, or is it final and I have to wait a year to appeal it?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

 

You should have been given a chance to address this with the CG prior to the decision to file in your record..did you not take this opportunity? If you did, what do you propose to present that is different?

Customer: replied 1 year ago.
I was advised by my JAG representative to keep my rebuttal to a 1 page response, which limited me to explaining what happened and my background of no discipline problems in my 13 yr career. I had created a draft rebuttal detailing the events of what happened, explaining that I had left the bar and went to a cab and went straight home ......and that I did NOT try to hide/sneak from the MPs and jump into a cab 10 minutes after the curfew as the FDO states. His false statements of this are in the notification and make my curfew violation seem much worse then what it really was. Again, all this was in my original rebuttal but I was advised to reduce the length and had the JAG rep modify my rebuttal to the format/length he had used before that was successful. I would like to speak to the CG directly to explain to him that what he was presented was false, that I was not trying to hide out or disobey advice from the courtesy patrol, that I indeed left and went straight home once they advised me to do so. If presented this new.....correct information, would he be able to reverse a decision and file it locally instead? His final decision was made on 3 JUL and I was notified today (9JUL)
Expert:  P. Simmons replied 1 year ago.

Thank you

 

That is tough...that is, I am surprised that JAG would advise you to "pull punches" unless there was much more out there.

 

Can you tell me your rank please?

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P. Simmons
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Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.