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.
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