How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34319
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I received a GOMOR about a year ago and I am working on proof

Resolved Question:

I received a GOMOR about a year ago and I am working on proof to get the letter remove. Just like they explained to me, it is based on perception. The statements are he said, she said kind of without any hard proof. I was accuse of adultery by a third person and at not time the parties involved confirm that there was a relationship going on. On top of that, because of my position Drill Sergeant I was place in a position where I was acuse of other things that had nothing to do with the main accusation. I tried to get a paternity test from the person that I supposely got pregnant but she did not agree. She denied that the child is mine and in her statement she admited to a kiss, which it happened but to nothing else. Last time I check a kiss is not sexual intercourse and that soldier at the time of the kiss was part of another brigade and didnt have anything to do with me or my work. I am trying to build a defense with strong enough arguments to get that GOMOR removed from my records. I am gathering statements from my supperiors at my last duty station where the incident happended supporting and explaining some of the situations that I am acused of. Can I get any help or advice? How likely is for that GOMOR to be removed? Thank you
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist

IAW AR 600-37 (Unfavorable Information), Chapter 3, a letter or reprimand may be filed in either your Military Personnel Record Jacket (MPRJ) or your Official Military Personnel File (OMPF). In order to receive a GOMOR, there need only be facts to support the finding of responsibility. The higher standard of "beyond a reasonable doubt" does not apply to a GOMOR.

If there is evidence that supports the accusation, that information can be used to issue a GOMOR.

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. Now, it seems you may have already transferred...if this is the case, you no longer have the option to request that it be "filed locally" Further the command is not required to keep the GOMOR local even if you had requested.

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,NNN-NN-NNNN

So, how can you prove...the standard is "clear and convincing" which is a higher standard than required to put the GOMOR in the file in the first place. Basically, if your appealing, you have to prove it did not not happen.

A paternity test would be the best...if you can convince her to have the child submit to one and the test shows your not the dad...that can be a big help (I am assuming that the argument is your the dad here). Another affidavit from her that there was not sex would also help. Statements from your peers/superiors that support your good charachter will also help.

Put together a package and take it into TDS...the should be able to help you proof it and make sure its good to submit.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work. Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you do not seek to establish an attorney-client relationship with me, nor do I with you; (3) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises; (4) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf. If you do not agree with these terms and conditions, then you must advise me immediately.
P. Simmons and other Military Law Specialists are ready to help you

Related Military Law Questions