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Recent GOMOR questions

Recently, my spouse (an army major) was accused of

Recently, my spouse (an army major) was accused of plagiarism while enrolled in a service school via distance learning. The issue, is that she allegedly plagiarized a paper I had submitted in 2015 while also enrolled in the same school. I was recently contacted by the investigating officer who essentially accused me of plagiarism in spite of the fact that I had submitted my paper in April of 2015 and subsequently graduated the course in June of 2015. My spouse is still in the course and submitted the paper in September of 2016. I did not help or provide any assistance with regard to the assignment in question, so it is fairly obvious she copied my old paper without my knowledge since it was saved on a laptop we both use. My immediate questions are: Can the school hold me responsible and or punish me, e.g. GOMOR, even though I graduated 18 months ago and the alleged misconduct occurred last month? Can the school even run a 15-6 on me when I am completely outside its chain of command? I did provide the IO a statement stating very plainly that I did not commit plagiarism, that I did not provide my spouse unauthorized academic assistance and that I was no longer enrolled in the school.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
I received a GOMAR a few months after my last rating period

I received a GOMAR a few months after my last rating period was completed but had to do with that rating period. Myself and 5 other people left the unit to go to another unit all unrelated to the GOMAR. My last unit is trying to give me a relief of cause based on the GOMAR but was never counseled. My question is can they do that and what grounds do I have to fight it?JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Yes but have not getting a straight answer. My senior rater which is also the commander has since left.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
I am in the Army, have served almost 6 years. I was

I am in the Army, have served almost 6 years. I was originally infantry then switched to EOD. I was changing my MOS again, unfortunately received a DUI 2 weeks before graduation. I have had no previous run ins with law enforcement, no previous UCMJ action, and outperformed my peers in military courses. I am not sure if they will discharge me. I know I am getting a GOMOR, but worried if I get a discharge, that it won't be Honorable. I understand it as receiving honorable is what i need for the GI bill. No one was injured in the dui case but my car was totaled. In your experience, what is the latest trend for punishments like this?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Arizona is where the dui took place. Fort *****, *****tucky is where I'm stationedJA: Have you talked to anyone in the chain of command about this?Customer: Yes, my commander told me that I'm getting a gomor but that's all he knowsJA: Anything else you want the lawyer to know before I connect you?Customer: I think that's it

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
Can GOMOR be expunged? What is the procedure?

I received a GOMOR 3 years ago for refusing a breathalyzer, the charge was dismissed but I still received the GOMOR. Nothing ever reflected in my evaluations and i'm currently waiting to hear back from the DASEB on the status of a request to move it into my restricted file. if it is approved I want to try and fight to have it expunged ......question: is this a fight I can win?I am stateside and the incident happened on post.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
I'm airborne, attached to the 82nd ABN DIV. I no longer wish

I'm airborne, attached to the 82nd ABN DIV. I no longer wish to jump, and my commander wants to force me to do so. If not he threatens me with UCMJ and putting a GOMAR on my record. What should I do? I'm a single parent, I'm terrified something will happen to me and have no one to raise my child.

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P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
I fell under the Army's QMP program and will be discharged

I fell under the Army's QMP program and will be discharged on November 1st with a RE code of 4 for a GOMOR that I received in 2010 for refusing a breathalyzer. I am looking to try and get that upgraded. I understand that this may be a long shot.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I'm in Florida, but the incident occurred in TennesseJA: Have you talked to a lawyer yet?Customer: I have for the QMP, but not since that attempt was unsuccesfulJA: Anything else you think the lawyer should know?Customer: This is the only adverse information in my record. Not sure if that matters, but it can't hurt I guess

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P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
I will be receiving a GOMAR for dropping Airborne Statues.

I will be receiving a GOMAR for dropping Airborne Statues. Will this effect my discharge from honorable to general? I have had two previous enlistments and decided airborne was no longer for and have decided to drop Airborne. I have been trying to drop it for at least 6 months now but my COC has been stopping me by not sending up the paper work and now claiming they have never even heard about what I was doing. I went to JAG and got the information on the requirements of what I would need to do to drop statues. Unfortunately my COC keeps pushing for me to jump again. The regulation stats that as long as I request to drop airborne before I am manifested for a jump then I am within my right without disobeying a direct order. They have stopped my paper work for 6 months and now are telling me I will jump. I'm not even sure what to do anymore.

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P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
I have a top secret clearance and I'm an O-5 in the

I have a top secret clearance and I'm an O-5 in the military. I am currently up for periodic reinvestigation for the clearance. I was accused of Sexual Harrassment of a civilian (the circumstances were minor), for which I received a GOMOR. The GOMOR was not placed in my permanent file, I was not relieved of my duties, and for all practical purposes my official military file is still clean. When I PCSed from the job where the incident occurred, I received a good evaluation report on the way out. While I was in the midst of reinvestigation for my security clearance, about a year ago, the OMB security investigator met with me. I self-reported that I had been investigated for a Sexual Harrassment complaint. Yesterday, another security investigator met with me to ask me more specific questions about the Sexual Harrassment incident, to which I tried to be open and honest. DODCAF is on the cusp of adjudicating my clearance. Can I lose my clearance over this? Prior to and after the incident my record was clean.JA: OK. The Military Lawyer will need to help you with this. Have you talked to a lawyer yet?Customer: Not yet.

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P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
I am an army officer pending a possible GOMAR. I know I can

I am an army officer pending a possible GOMAR. I know I can file a rebuttal and plan to. I was supposed to be promoted yesterday but I wasn't due to the adverse action flag. I should know the results and receive my reading (outcome/punishment) in about 2 weeks. My question is if I receive a local GOMAR, can I still be promoted? My unit is less than helpful and my legal counsel from JAG is at another installation. I wasn't allowed to have a local lawyer from JAG due to conflict of interest.JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I was assigned a TDS lawyer at another installation. It has been difficult arranging telephonic meetings with her.JA: Is there anything else important you think the Military Lawyer should know?Customer: No, she knows everythingJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

37,080 satisfied customers
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