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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34291
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I received an GOMAR as a private 17 years ago and since then

Customer Question

I received an GOMAR as a private 17 years ago and since then in 2009 as a SSG, I wrote to the DASEB board and asked for removal or transfer of the GOMAR. The boards findings were in my favor and moved it to my Restricted Fiche. In 2010 I crossed over to Officer and will be up for promotion next year, with the Army downsizing I"m trying to figure out would it be a good idea to re-write the board for removal of the GOMAR and is there a statue of limitations on how long the GOMAR can rest in my file? Since after receiving the GOMAR my records have been off the charts with outstanding NCOERs and OERs.
JA: I'm trying to find the right Military Lawyer for you right now. As soon as they are ready, I will let you know. OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: Texas
JA: Have you consulted a lawyer yet?
Customer: no
JA: Is there anything else important you think the Military Lawyer should know?
Customer: no
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Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. You mention DASEB already acted...are you asking if they need to act again just because you received a commission?

Customer: replied 1 year ago.
I'm asking is there anything I need to do outside of what has already been done? For the upcoming promotion board if my GOMAR has been moved to the restricted fiche of my file and attached is a memo from the board giving me good remarks on why they decided to move the file, is there another process to remove the information all together, I read in some regulation that once a soldier commissioned to officer all degratory information is wiped from his/her record
Expert:  P. Simmons replied 1 year ago.

Thank you

The action by HRC to move this to your restricted file is all you need worry about.

The promotion board will not have access to the GOMOR (the action by DASEB took care of that).

Is there some process to remove completely?

In theory...you could file a DD149 to request the record be 'corrected' (and that information purged) though, frankly, after this many years it is unlikely the board of corrections would grant such a request.

First, there is a 3 year window to file (you are well past that), second you have to prove that the information is in error...which can be tough to do.

Bot***** *****ke: If DASEB removed to your restricted file? There is nothing more for you to do

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.