Reprimands / GOMORs: Appeals, Rebuttals
GOMOR Rebuttals on an Immediate Basis: A GOMOR filed in an Official Military Personnel File can be a "career killer." An outstanding Rebuttal can persuade a General Officer to rescind and destroy his Reprimand altogether, or file it locally. Contact Stockdale Army Law immediately if you were just given a Reprimand. You have likely been given 7 days to respond. Act now.
GOMOR Removals: Appeal to the Department of the Army Suitability Evaluation Board -- DASEB -- to have your GOMOR removed from your OMPF on the basis that it is unfair and unjust. Contact Stockdale Army Law for an initial consultation.
GOMOR Transfers: Appeal to DASEB to have your GOMOR transferred to the restricted section (restricted fiche) of your OMPF on the basis that it has served its intended purpose. Contact Stockdale Army Law; do not wait for one year to elapse.
GOMOR ABCMR Appeals: Appeal to the Army Board for Correction of Military Records -- ABCMR -- if your appeal to the DASEB was denied. The ABCMR is your next level of appeal after the DASEB. The ABCMR is statutorily empowered to do equity. That means the ABCMR can take whatever action it deems appropriate in the interest of justice and fairness. This is true even if it means ignoring or disregarding Army Regulations / Army Policy.
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AR 600-37
Chapter 7
Appeals and Petitions
7–1. Removal of unfavorable information from official personnel files
Appeals and petitions for removal of unfavorable information are to be directed to the DASEB. This chapter sets forth the policies and procedures whereby a person may seek removal of unfavorable information from official personnel files.
7–2. Policies and standards
a. Appeals for removal of OMPF entries. Once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. Normally, consideration of appeals is restricted to grades E6 and above, to officers, and to warrant officers. Although any soldier may appeal the inclusion of a document placed in his or her file under this regulation, the appeals of soldiers in grades below E–6 will only be considered as an exception to policy. This does not include documents that have their own regulatory appeal authority such as evaluation reports and court-martial orders. Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered.
b. Appeals for transfers of OMPF entries.
(1) Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted fiche. Normally, such appeals will be considered only from soldiers in grades E–6 and above, officers, and warrant officers. (At lower grades, the OMPF is not used for centralized selection purposes.) In addition to the cases cited in a above, such documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer would be in the best interest of the Army. The burden of proof rests with the recipient to provide substantial evidence that these conditions have been met.
(2) Appeals approved under this provision will result in transfer of the document from the performance record to the restricted portion of the OMPF. However, the transfer of administrative letters of reprimand, admonition, or censure to the restricted portion of the OMPF will not normally serve as the sole basis for promotion reconsideration by a special board, unless approved by the DMPM as a justified exception to policy.
(3) Appeals submitted under this provision will normally be returned without action unless at least 1 year has elapsed since imposition of the letter and at least one evaluation report, other than academic, has been received in the interim.
(4) If an appeal is denied under this provision (including those not accepted, as provided in a above) a copy of the letter of notification regarding this outcome will be placed in the commendatory and disciplinary portion of the performance record. The appeal will be placed in the restricted portion of the OMPF.
c. Petition for transfer of Articles 15. (See AR 27–10, para 3–43.)
(1) This provision is limited to records of nonjudicial punishment imposed under the provisions of Article 15, UCMJ, and applies only to members in grades E–6 and above, officers, and warrant officers. Records of nonjudicial punishment may be transferred upon proof that their intended purpose has been served or that their transfer would be in the best interest of the Army. The burden of proof rests with the soldier concerned to provide substantial evidence that these conditions have been met. Claims that an Article 15 is untrue or unjust, in whole or in part, will not be considered under this paragraph. The authority to adjudicate such claims rests with the Army Board for Correction of Military Records (ABCMR).