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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19008
Experience:  Lawyer and current JAG officer.
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Can you receive a GOMAR and a FG Article 15 same offense?

Customer Question

Hello,
Can you receive a GOMAR and a FG Article 15 for the same offense?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, you can receive both for the same offense, as neither is a criminal law action, so the concept of "double jeopardy" doesn't apply. In fact, a person can get an GOMAR, Article 15, referral evaluation and administrative discharge, all for the same offense or offenses, as each step is administrative and not criminal.

Now, that being said, I have seen instances where defense has successfully argued that due to the GOMAR, no reprimand can be issued as a punishment in the Article 15 too...because that is essentially the same punishment. However, nothing precludes getting a GOMAR and Article 15.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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