Can you stay in the army with a GOMOR?
As many cases are, it really just depends. There are two ways that we see people with GOMORs in their records end up having to be potentially made to leave the service. The first one is if they are an officer there are typically automatic provisions that are going to mean that once that bad paper is screened and seen by your higher level, HRC or your personnel command, it’s going to automatically trigger that officer to at least have to face the mail. Or excuse me, answer the mail or face the music about whether or not they can be made to stay, or they have to be kicked out.
The second way that we see people having to decide whether or not they get to stay in the military, based off of a GOMOR, is if the command also independently decides that because that GOMOR has been issued. Because they believe that underlying misconduct occurred, they are going to initiate on their own that separation action or that board of inquiry, or that show cause board, if it’s, if it also is an officer, and that certainly happens for enlisted folks as well.
So can you stay in the military with a letter reprimand? Potentially in the army, it’s much harder. And you are going to at least have to be made to suffer through potentially another process, if you’ve served for six years or longer. If you have somebody who has not served for six years or more, then it certainly is a lot easier for the command to try to put you out whether or not that happens automatically or whether or not that’s something that they initiate on their own is another matter.
Jocelyn Stewart is a UCMJ court-martial attorney who specializes in defense of allegations of sexual assault for all branches of the military worldwide. Contact the Law Office of Jocelyn C. Stewart at 1-888-252-0927
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