Posted on Oct 14, 2014
GOMOR criteria inquiry for senior leaders and commanders
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During a recent retread of the "Letters from a Fired Army Officer" thread I found myself pondering a question. I could look this up, but I've found that feedback from the community can be very enlightening. My question is primarily for Senior leadership and commanders: "What criteria/circumstance would you use/have used to recommend that a GOMOR be issued to a commissioned officer?"
I will post my most recent experience involving this issue (no, not me) a little later, but wanted to start the discussion.
I will post my most recent experience involving this issue (no, not me) a little later, but wanted to start the discussion.
Posted in these groups: 
Military Industry
Military Industry
Posted 10 y ago
Responses: 4
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What criteria/circumstance would you use/have used to recommend that a GOMOR be issued to a commissioned officer?"
- Any illegal, immoral, or unethical activity that caused me to lose trust in an officer. Illegal can be either violations of UCMJ or civilian law. Immoral activity would be higher level and not lower level. By higher level I mean having sexual relations with another Soldiers spouse. Some people consider premarital sex to be immoral. That is what I mean by lower level that I do not consider worthy of a GOMOR since what happens between two consenting and single adults is generally not the concern of the chain of command. Unethical activity would be things such as unethical actions while serving as a COR. Some things can be legal (and therefore not a violation of UCMJ) but not be ethical and therefore worthy of a GOMOR.
- Anything that is directed as mandatory by my chain of command such as receiving a DUI. A younger officer receiving a DUI for a 0.09 BAC is worthy of several legal actions but not necessarily a career killing GOMOR. Most commands I have been in, however, the CG has retained authority for officer misconduct and a DUI almost always results in a GOMOR.
- The question asks about criteria but a significant criteria is whether to local file or OMPF file the GOMOR. A locally filed GOMOR has a big but temporary impact whereas an OMPF filed GOMOR has a big and enduring impact. Career killing in today's environment. Sometimes the decision on where to file the GOMOR is just as important as the decision to give a GOMOR in the first place.
- Any illegal, immoral, or unethical activity that caused me to lose trust in an officer. Illegal can be either violations of UCMJ or civilian law. Immoral activity would be higher level and not lower level. By higher level I mean having sexual relations with another Soldiers spouse. Some people consider premarital sex to be immoral. That is what I mean by lower level that I do not consider worthy of a GOMOR since what happens between two consenting and single adults is generally not the concern of the chain of command. Unethical activity would be things such as unethical actions while serving as a COR. Some things can be legal (and therefore not a violation of UCMJ) but not be ethical and therefore worthy of a GOMOR.
- Anything that is directed as mandatory by my chain of command such as receiving a DUI. A younger officer receiving a DUI for a 0.09 BAC is worthy of several legal actions but not necessarily a career killing GOMOR. Most commands I have been in, however, the CG has retained authority for officer misconduct and a DUI almost always results in a GOMOR.
- The question asks about criteria but a significant criteria is whether to local file or OMPF file the GOMOR. A locally filed GOMOR has a big but temporary impact whereas an OMPF filed GOMOR has a big and enduring impact. Career killing in today's environment. Sometimes the decision on where to file the GOMOR is just as important as the decision to give a GOMOR in the first place.
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MAJ (Join to see)
Sir,
Thank you for your thorough and in depth answer on the question I posed. I also have served in units where the CG reserved the right for GOMOR adjudication at the behest of the chain of command. To expound on that is the CG would lay specifics of officer misconduct that warranted his/her immediate attention. Anything else would be brought through the COC for recommendation. It has been awhile since I last visited this discussion, but if I remember correctly, one of my peers received a GOMOR, but felt that since it was placed in his restricted file, it should not have had any bearing on the reduction board that occurred a few months ago. When you mentioned that the CG has the choice to local file the GOMOR or place in the official file, it seems in that case by placing it in his restricted file only delayed the inevitable, the end of his career. I will end my thoughts for now by saying though we as officers have a tacit knowledge of what will garner you GOMOR, we probably would benifit from a established standard set that still affords personal discretion, much like the UCMJ. Again, sir, thank you for your insight!
Thank you for your thorough and in depth answer on the question I posed. I also have served in units where the CG reserved the right for GOMOR adjudication at the behest of the chain of command. To expound on that is the CG would lay specifics of officer misconduct that warranted his/her immediate attention. Anything else would be brought through the COC for recommendation. It has been awhile since I last visited this discussion, but if I remember correctly, one of my peers received a GOMOR, but felt that since it was placed in his restricted file, it should not have had any bearing on the reduction board that occurred a few months ago. When you mentioned that the CG has the choice to local file the GOMOR or place in the official file, it seems in that case by placing it in his restricted file only delayed the inevitable, the end of his career. I will end my thoughts for now by saying though we as officers have a tacit knowledge of what will garner you GOMOR, we probably would benifit from a established standard set that still affords personal discretion, much like the UCMJ. Again, sir, thank you for your insight!
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The GOMOR is an interesting beast. In a sense, it is an administrative black mark that doesn't really carry any real punishment except for curtailing future promotions. It can also be negated by properly falling on your sword and accepting that you screwed the pooch and don't make any further mistakes, as long as the failure isn't too epic.
What I find interesting is a tendency for Commanders to use the GOMOR/GOLOR rebuttal letter as a "confession" in pursuing a Court Martial.
What I find interesting is a tendency for Commanders to use the GOMOR/GOLOR rebuttal letter as a "confession" in pursuing a Court Martial.
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MAJ (Join to see)
Chief, thanks! So that I understood you correctly, you are saying that a Soldier/Officer would submit a rebuttal to a GOMOR and the commander uses that rebuttal as a 'confession' in support of a court martial? If so, never heard of it and I don't readily see how it could be used in that way. Without giving any definitive information, could you expound on that?
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CW2 Joseph Evans
MAJ (Join to see),
Allegations of misconduct were made and a 15-6 was initiated. The investigating officer conducted interviews regarding the allegations and rumors. The 15-6 recommendation was that there were some improprieties, but in and of themselves, were unique incidents that had been corrected or at least not repeated, but that there was inadequate evidence at that time to support the major allegation and CID may need to get involved. A GOMOR was recommended and filed by the BN Commander based on the substantiated findings of the 15-6. All minor with one exception. A GOMOR was issued by the CG and a rebuttal was returned. The General's determination was that the GOMOR was to remain local. The rebuttal contained acceptance for lapses in judgment that led to some of the allegations. The CID investigation was completed and the BN CDR decided there was enough to proceed with a Court Martial. The charge sheet included all references to the prior 15-6 and the rebuttal letter with the admissions were all entered into evidence. Because the GOMOR is administrative in nature while UCMJ is criminal in nature, this was not considered a "double jeopardy". I understand it is generally considered poor form for a command to use this approach, however, it is still legal, and has been used... Although, probably not often.
Allegations of misconduct were made and a 15-6 was initiated. The investigating officer conducted interviews regarding the allegations and rumors. The 15-6 recommendation was that there were some improprieties, but in and of themselves, were unique incidents that had been corrected or at least not repeated, but that there was inadequate evidence at that time to support the major allegation and CID may need to get involved. A GOMOR was recommended and filed by the BN Commander based on the substantiated findings of the 15-6. All minor with one exception. A GOMOR was issued by the CG and a rebuttal was returned. The General's determination was that the GOMOR was to remain local. The rebuttal contained acceptance for lapses in judgment that led to some of the allegations. The CID investigation was completed and the BN CDR decided there was enough to proceed with a Court Martial. The charge sheet included all references to the prior 15-6 and the rebuttal letter with the admissions were all entered into evidence. Because the GOMOR is administrative in nature while UCMJ is criminal in nature, this was not considered a "double jeopardy". I understand it is generally considered poor form for a command to use this approach, however, it is still legal, and has been used... Although, probably not often.
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I find this entire conversation interesting and provocative.
As a future officer (Candidate), I am intrigued to see the dialogue that hopefully comes from this.
As a future officer (Candidate), I am intrigued to see the dialogue that hopefully comes from this.
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