Understanding Letters and Memos of Reprimand
A Letter of Reprimand (LOR) serves as a formal admonition or criticism given to a Soldier for not adhering to established standards or regulations. Depending on the severity, an LOR can be filed locally or in the Soldier's permanent personnel record, categorized as "unfavorable information."
A General Officer Memorandum of Reprimand (GOMOR) is a specific type of LOR issued by a general officer to a subordinate. The filing location of a GOMOR—locally, permanently, or in the restricted section of the Army Military Human Resource Record (AMHRR)—is at the general officer's discretion. Refer to Army Regulation (AR) 600-37, Chapter 7 for more details.
Implications of Receiving a GOMOR/LOR:
Receiving a GOMOR or LOR can tarnish a Soldier's reputation. A GOMOR/LOR filed locally is visible to the command chain but not to promotion boards and is removed after a station change or three years. In contrast, a permanently filed GOMOR/LOR remains in the AMHRR, affecting promotion prospects and potentially triggering a Qualitative Management Program (QMP) review. Officers might face separation based on a GOMOR.
Responding to a LOR/GOMOR:
Upon receiving a reprimand, Soldiers have the right to submit a rebuttal within a specified timeframe, usually 7-10 days. However, the Soldier can request a reasonable extension to this suspense date. If you hire Harnish Law, PLLC, we will reach out to the Command's JAGs and get you that extension. The rebuttal can argue for the allegations' denial, mitigation, or request for local/restricted filing. Assistance from an experienced military attorney is crucial in formulating an effective response, which should include a legal review of the GOMOR, evidence that helps your argument, supporting documents, and witness statements.
Decision on Filing:
After reviewing the rebuttal, the general officer decides whether to file the reprimand permanently, locally, or not at all (rescind). The officer may also choose to file the rebuttal with the reprimand.
Appealing a Local File Letter:
While no formal process exists for removing an LOR from a local file, Soldiers can request its removal from the commander responsible for the filing.
Appealing or Transferring a Letter in the AMHRR:
Soldiers can petition the Department of the Army Suitability and Evaluation Board (DASEB) to remove or transfer a reprimand from the Performance File to the Restricted File. Clear and convincing evidence is required to prove the reprimand is unjust or has served its purpose.
Seeking Removal or Transfer:
For removal, Soldiers must demonstrate the inaccuracy or injustice of the reprimand. For transfer, evidence should show the reprimand's purpose is fulfilled, and transfer benefits the Army. Typically, only E-6 and above ranks can appeal, with exceptions considered on a policy basis.
Getting Assistance:
Soldiers issued a GOMOR/LOR should promptly seek help from an experienced attorney and prepare a comprehensive rebuttal with witness statements and supporting documents. The more thorough and substantiated the rebuttal, the better the chances of a favorable outcome.
Soldiers can appeal a GOMOR through several methods. One is to request the Department of Army Suitability and Evaluation Board (DASEB) to transfer it to the restricted section, typically available to E6 and above. This requires showing that the GOMOR's purpose has been served and that transfer benefits the Army. Another method is to appeal for its removal from the OMPF, which requires clear and convincing evidence that the allegations are untrue or unjust. This is a more challenging route, and the burden of proof lies with the Soldier.
In summary, GOMORs and LORs are serious reprimands with potentially significant career implications. Understanding the process, consequences, and response strategies is crucial for any Soldier facing such a situation.