The Military Justice Center

Fighting a GOMOR: Local vs. permanent filing

2026-09-17T15:52:50Z

Receiving a General Officer Memorandum of Reprimand (GOMOR) at Fort Bragg can significantly impact a military career. The long-term severity of that impact depends heavily on where the issuing General Officer (GO) elects to file the reprimand.

Understanding the distinction between local and permanent filing, along with crafting a strategic rebuttal, is essential to protecting your military record, promotion potential and career longevity.

Understanding the filing distinction

When a GOMOR is issued, the General Officer determines where the reprimand will be maintained:

Local Filing: A locally filed GOMOR remains in command records for up to 18 months or until you transfer (PCS) to a new General Court-Martial Convening Authority jurisdiction, whichever happens first. Once removed, it does not follow you to your next duty station or appear in your permanent personnel file.
Permanent Filing: A permanent filing places the GOMOR directly into the performance folder of your Army Military Human Resource Record (AMHRR). For enlisted Soldiers, a permanent GOMOR can trigger a Qualitative Management Program (QMP) review or administrative separation. For officers, it can adversely affect promotion opportunities and may lead to Board of Inquiry (show-cause) elimination proceedings.

Leveraging character statements

A GOMOR rebuttal may be strengthened by statements or letters of support from senior leaders, commanders and peers who can speak to your performance, character and potential for continued service. These statements can provide the General Officer with a broader view of your service and your value to the mission.

Demonstrating rehabilitation or corrective measures

Where appropriate and when the underlying facts are not in dispute, demonstrating proactive measures can support a request for local filing. Enrolling in voluntary counseling, completing relevant training, or highlighting recent professional achievements shows the filing authority that local command oversight is sufficient to address the matter.

Presenting mitigating factors or disputing the facts

Depending on the strategy of your case, a rebuttal may directly challenge the factual basis of the reprimand or present critical context surrounding the incident. If the allegations are unsubstantiated, your response should highlight evidentiary flaws and procedural errors. If mitigating circumstances exist such as severe operational stress, family hardship, or medical issues, presenting these details helps ensure the filing authority evaluates the situation fairly.

Navigating your rebuttal strategy

A GOMOR rebuttal must be tailored to the specific facts of your case, whether that means contesting the allegations outright or advocating for a local filing based on your overall service record. Consulting an experienced defense attorney promptly after receiving a GOMOR can help ensure your written submission is strategically sound and submitted within applicable deadlines.

Rebutting AR 15-6 findings before adverse action

2026-09-17T15:51:15Z

An AR 15-6 investigation can lead to serious outcomes because the findings are frequently used to support administrative separation or Article 15 action. When adverse findings are issued, service members often have a limited opportunity to respond. If you face potential administrative or disciplinary action at Fort Bragg, using this time to prepare a rebuttal can help push for a favorable result in your case.

Understanding your window to respond

Once the Investigating Officer (IO) submits the findings, the command evaluates the report to determine what adverse steps to take. Depending on the service member’s status and the type of adverse action being considered, applicable regulations may provide an opportunity to respond to the findings or proposed action. Because response rights and deadlines can vary, it is important to determine what procedures apply to your specific situation.

This is a crucial time to review the IO report carefully and prepare your response. Acting quickly can help protect your record and ensure your side of the story is officially documented before decisions are finalized.

Identifying errors in the IO report

A thorough review tests the IO’s findings against the actual evidence in the file to confirm the report accurately reflects the record. In doing so, common flaws often become apparent, including:

Misapplying Army regulations
Overlooking exculpatory evidence or mitigating facts that contradict the findings
Demonstrating that the findings are not supported by a preponderance of the evidence

Identifying these problems is important because they can affect whether the investigation's conclusions are reliable, complete, and legally sound.

Challenging witness credibility

To evaluate a witness’s credibility, consider whether bias or personal motives may have shaped their testimony. You can also highlight inconsistencies by comparing witness statements with physical evidence, digital records, or prior statements. Demonstrating these flaws shows the command why certain statements should be given little to no weight.

Submitting the formal written response

A rebuttal package should be a clear, organized submission to the command or Appointing Authority that directly addresses the findings and evidence you dispute, including:

A structured list of contested findings
Evidentiary responses contradicting the IO's narrative
Citations to relevant military regulations and procedures

The goal is to demonstrate that the adverse findings are unsubstantiated or unfair, persuading the command to dismiss or reduce proposed administrative or disciplinary actions. Keeping the tone professional and respectful helps maintain your credibility.

When prompt action matters

A strong rebuttal may help protect your military career, security clearance, and future service. Seeking experienced legal counsel immediately upon notification of adverse findings can help ensure your response is legally precise, procedurally correct, and submitted within strict command deadlines.

What happens when your unit tries to give you an OTH discharge?

2026-09-10T14:26:54Z

For many soldiers stationed at Fort Bragg, the moment feels sudden. Your commander or first sergeant calls you in, hands you paperwork, and says the unit wants to separate you with an Other Than Honorable (OTH) discharge. In that one meeting, years of service can suddenly feel at risk. If you are a service member facing this news, it helps to understand what is happening and what choices you still have.

Learning the news

Hearing that your command wants an OTH discharge does not settle the matter. It only starts a process. The notification explains the reason, such as misconduct or a pattern of behavior the command finds unacceptable. It also lists your rights, including the right to respond, the right to gather evidence the right to a hearing before a board. This is a lot to take in at once, especially while you still carry out your normal duties. Many soldiers say this moment feels rushed but you can slow down and ask questions before you decide how to respond.

Facing the board

If you are facing separation with an OTH, you qualify for an Administrative Separation Board, a panel consisting of officers — and senior enlisted members. This is different from a criminal court, but it still shapes your future. An OTH discharge can affect VA benefits, job opportunities and how people remember your service. At Fort Bragg, boards move on a set schedule so it helps to understand your timeline early. You have the right to present witnesses, submit letters and explain the full context of your situation, not just the incident the command focuses on.

Finding support

Facing a board alone can feel overwhelming, especially with so much at stake. Speaking with an attorney who understands military separation cases can bring some steadiness to a stressful time. An attorney can help you understand your paperwork, prepare your response, and make sure the board fully hears your voice during the hearing. You do not have to make every decision by yourself and having someone in your corner can make the process feel a little less uncertain.

Surviving a Fort Bragg Investigation

2026-07-14T16:43:33Z

Being the subject of a command investigation at Fort Bragg can be stressful and confusing. Fortunately, there are important steps you can take to prepare for the process and avoid making mistakes. Knowing what to expect during an AR 15-6 investigation is crucial to protect your military career.

The initial notification

Often, the first time you are told an investigation is during a counseling notifying you that you are "flagged." This leads to the suspension of favorable personnel actions, including promotions, awards and favorable transfers. A flag is a procedural requirement and not a finding of guilt.

Understanding the AR 15-6 investigation

An AR 15-6 investigation is a process Commanders use to gather evidence to make informed decisions regarding allegations of misconduct. An investigating officer (IO) is appointed to interview witnesses, collect evidence, and put together a report for the commander. Unlike a court-martial, the standard of proof is lower in an AR 15-6 investigation. The IO only needs a preponderance of the evidence to decide whether it is more likely than not that the misconduct occurred.

Asserting your absolute rights

While facing a command investigation, remember that you still hold certain rights. You can protect yourself by exercising the following prerogatives:

The right to remain silent: You do not have to make a statement, and staying silent cannot be used as proof that you are guilty.
The right to be informed: Before an IO questions you, they must inform you of all of your rights and the general nature of the allegation(s) against you.
The right to counsel: You can talk to a lawyer, either through Trial Defense Services (TDS) or a civilian military defense attorney.

Understanding this helps you avoid common pitfalls that can affect the outcome of your case.

Potential outcomes of the investigation

If the IO finds the allegations substantiated by a preponderance of the evidence, it means they believe that there is sufficient evidence against you. This finding does not always mean you will receive criminal punishment. The commander may initiate the following actions:

Administrative separation
Article 15
A General Officer Memorandum of Reprimand (GOMOR)

Conversely, an allegation that is unfounded typically results in a closed case with no punitive action.

Seeking counsel early

The window between the start of a command investigation and action against you is the most critical time to build your defense. Early intervention by a lawyer can help steer the probe toward an unfounded conclusion or a lesser administrative action.

Beyond the OTH: A guide to military discharge updates

2026-05-29T22:31:06Z

An Other Than Honorable (OTH) discharge can affect a service member’s opportunities indefinitely. Employers, benefit programs and other parties conducting background checks may deny people opportunities due to their OTH discharge records. Those who did not receive an honorable discharge often wonder whether it is possible to upgrade or alter the characterization of their discharge. Both the Board for Correction of Military Records (BCMR) and the Naval Discharge Review Board (NDRB) can theoretically review the discharge records for individual service members and alter what shows up during background checks.

When is a discharge upgrade possible?

In scenarios where service members receive an OTH discharge, the record implies an issue with the service member’s history with the military. Issues with discipline, unauthorized absences and other challenges may result in an OTH discharge that limits a service member’s opportunities and eligibility for military benefits, although some veteran benefits are likely available. For those hoping to upgrade their records, working with an attorney to petition the BCMR or NDRB can be helpful. Especially in scenarios where individuals experienced something traumatizing during their service and developed post-traumatic stress disorder (PTSD), evidence of their diagnosis and mental health challenges could convince the relevant board reviewing the situation to upgrade their discharge. Similarly, compassionate consideration is often available to those who sustained traumatic brain injuries (TBIs) during their service. TBIs could be the result of blunt-force trauma due to a blow to the head or percussive force caused by explosions. Regardless of the origins of a service-related TBI, the impact that a brain injury has on a person's behavior, cognition and personality can influence what the BCMR or NDRB decides is appropriate. If there is evidence showing that the discharge was the result of a TBI, PTSD or other mental health challenges, the board reviewing the case must provide liberal consideration of the health challenges and how they may have affected the job performance of the service member. Review boards often need to assume that mitigating factors are present when there is medical evidence validating that a TBI, PTSD or another mental health challenge impacted the service member’s behavior and their discharge. The attorney assisting the service member generally needs compelling evidence, including both treatment and diagnostic paperwork for medical professionals. Both records from the VA and from private medical practitioners can help substantiate the assertion that behavioral or performance issues stemmed from their medical challenges. Even letters submitted from friends and family can highlight how a person's behavior changed following the development of their invisible injuries. Discharge upgrades can have a profound impact on the service member who received an OTH discharge. Working with an attorney familiar with discharge upgrades is critical for those hoping to update military records to reflect the reality of their circumstances.

What happens after a DWI charge on Fort Bragg?

2026-05-29T19:29:00Z

A driving while intoxicated (DWI) charge on Fort Bragg, which extends beyond the gates, can affect more than your driving record. Because the installation operates under federal authority, you may face overlapping consequences that can influence your military status, career path and daily responsibilities.

How do military authorities handle DWI charges on a base?

When military police stop you for suspected impaired driving on Fort Bragg they will administer the traditional sobriety tests and then issue citations and a court date. From there, your case often moves in two directions within the federal system. One path involves military discipline under the Uniform Code of Military Justice. The other path may involve federal prosecution using North Carolina impaired driving laws to define what counts as DWI. Even though the incident happens on a federal installation, the Court will rely on state rules through the Assimilative Crimes Act. That means federal authorities may use North Carolina law to decide whether the conduct counts as DWI, even though the case stays in the federal system instead of state court.

What are the possible military consequences?

A DWI on base may affect your military standing in several ways. The Chain of Command will consider several factors to determine their response to the charge. Their decision often depends on your rank, service history and the specific facts of the stop. Command teams usually have discretion when deciding how to respond, so results can vary. You may face consequences such as:

Loss of driving privileges on base, which will limit your ability to travel for work or daily needs
Required alcohol education or treatment programs
Administrative actions, such as a Letter of Reprimand, that may affect promotions or assignments

These outcomes may also influence your security clearance or job assignments, since your command may review your judgment and reliability as part of its decision-making.

What is the federal court process like?

Because Fort Bragg falls under federal jurisdiction, a Federal Magistrate Judge will hear these matters instead of a North Carolina state judge. Depending on the facts, a first offense DWI under the adopted state law may lead to fines, probation or other penalties. It may also affect your civilian driver’s license through state motor vehicle authorities. Since the military and federal systems operate separately, you may need to follow requirements in both at the same time.

What can you expect next?

After a DWI charge on Fort Bragg, the process often moves through an investigation, command review and federal court scheduling. Each step may affect the next, depending on the details of the case and how authorities evaluate the situation.

Understanding your legal situation

A DWI on a military installation can involve both military law discipline and federal court proceedings. Because these systems can overlap, understanding how they work together may help you stay aware of what could happen as your case moves forward.

Examining a service member’s rights at an Article 15 hearing

2026-04-16T03:58:49Z

The military has no tolerance for misconduct, no matter how minor. With this in mind, service members must act immediately when accusations of Uniform Code of Military Justice (UCMJ) violations are brought against them, as any offense could lead to severe repercussions that have the potential to affect careers. Individuals in the armed forces accused of engaging in conduct unbecoming of a service member could find themselves in a dire situation, which may involve being asked to be present at an Article 15 hearing.

What is an Article 15 hearing?

The military has a wide array of tools at its disposal for handling service member misconduct. One of the most commonly employed methods for addressing minor misconduct is an Article 15 hearing. Article 15 hearings are non-judicial punishment for UCMJ violations and are conducted to instill good order and discipline at a Commander’s level without pursuing a Court Martial.

A commander will conduct the hearing and examine the evidence against the service member, in addition to any evidence provided by the accused. Once the evidence has been presented, the commander will decide if the accused is guilty of the allegations against them and hand down the appropriate punishment.

A summarized Article 15 is the lowest level of Article 15.

More severe offenses may require a Command Grade Article 15 hearing, in which a commander will supervise the process. Guilty personnel could face up to 14 days of restriction and extra duties, admonishment, forfeiture of pay for a week and a reduction in rank.

A Field Grade Article 15 is the next most severe type and conducted by a Battalion Commander or higher. The punishments associated with this type of hearing include up to 45 days of extra duty and restriction, a verbal reprimand, forfeiture of 50% of pay for two months and a rank reduction.

What rights do accused service members have?

As with any hearing or trial, the accused always has rights. First, personnel have the right to retain legal representation. Individuals also have the right to examine the evidence and allegations against them. Furthermore, service members retain the right to appear at the hearing, remain silent, have a spokesperson advocate for them and present evidence to refute the accusations. Personnel can also refuse to appear at an Article 15 hearing and opt for a court-martial trial instead if they wish. Finally, if they are found guilty, the accused can appeal the decision, but they must do so within five days. There is much to consider when confronted with the reality of attending an Article 15 hearing. A law firm with extensive military law experience can help personnel determine if appearing at the hearing is in their best interest or if they should request a court-martial trial. Legal representation can also help individuals construct a case that shows them in a positive light.

Security clearance problems: how revocations happen and how to fight them

2026-04-06T20:33:59Z

Service members whose security clearances have been suspended may be on the brink of losing their entire military careers. Regardless of why an individual’s security clearance was suspended, personnel need to take swift action to protect their position in the military and to avoid a complete separation. By taking the proper measures, military members can successfully defend themselves and have their security clearance reinstated.

When will the military suspend an individual’s security clearance?

Numerous actions or criminal offenses can lead to a service member losing their security clearance such as criminal misconduct, financial issues, or drug or alcohol-related problems which can be presumed to be in violation of personal conduct guidelines or violated security measures in the past.

When a commanding officer has learned of improper conduct or a criminal conviction and they intend to suspend or revoke the clearance, they will send the matter to DSCA. DSCA will then send the member a Statement of Reasons (SOR) outlining the reasons for revoking their security clearance. This is not the end of the process, however. Personnel do have the opportunity to advocate for themselves.

How can service members regain their security clearance privileges?

Upon receiving a Statement of Reasons, service members will have a deadline of 30 days to challenge the loss of their security clearance. Personnel should make sure to collect court records, financial documents, debt repayment notices, treatment records and character references or other information related to the allegations they face.

After gathering sufficient evidence, filing a written response or requesting a hearing should be a service member’s next step. Taking these steps can help personnel construct a case that has a strong probability of success. Service members should be careful not to engage in this process alone, however. By seeking information or guidance from a knowledgeable military law attorney, military personnel can be sure that they are using every option available to regain their privileges.

Protecting security privileges for local service members

Receiving a SOR can completely change a service member's career. But, personnel do have the opportunity to explain themselves and prove that one action or mistake does not define their entire career. Upon receipt of an SOR, service members should immediately attempt to secure legal guidance to maximize their chances of overturning a security clearance suspension and to protect their military careers.

What service members need to know about the military separation process

2026-03-09T17:02:21Z

Service members who do not follow the military’s regulations or code of conduct could find themselves facing profound consequences such as a permanent separation from their branch of the military.

The ability to appear in front of a Board applies only in certain circumstances. However, all Service Members have some due process rights to respond. To provide the most persuasive response, it is imperative to find and retain knowledgeable legal representation to have any chance at staying in uniform.

What is an Administrative Separation Board?

An Administrative Separation Board is available to Service members who are facing an Under Other Than Honorable characterization of service or has a certain number of years in service. This is service dependent. A board is a hearing and it consists of three Senior Leaders who are tasked with evaluating the evidence and then deciding the following: 1) did the alleged misconduct occur; 2) if so, should the Service member be separated; and 3) if yes to both previous questions, what characterization of service should they receive. Unlike the court-martial process, administrative separation is administrative and not punitive. Consequently, the standard of proof for the Government is far less – preponderance of the evidence rather than beyond a reasonable doubt.

The administrative separation process

Service members will learn of the military’s plan to separate them from their duties through a formal notice. Upon receiving a formal notice, military personnel should promptly find legal counsel to defend themselves. Then, the board date will be set. The board is where the Government has to prove their case. It is also the opportunity for the Servicemember to offer evidence and bring in their own witnesses to defend against the allegations and prove military character. One of the rights at the board is the ability to cross-examine and witness the Government cals. Then the board will assess the evidence presented by both sides and make its findings and recommendations. The board deliberates in a closed session outside the presence of any other party. Once they have answered the three questions in order, they will call the parties back on the record and announce their decision.

What are the consequences of a separation?

Separation from the military for any other reason than the end of the expiration of term of service or retirement could affect VA benefits as well as the future possibility of reenlisting. It could affect things such as taking advantage of the Post-9/11 GI Bill, VA Home loans, amongst others. It is important to speak to a VA accredited attorney to fully understand the consequences.

The Fight

The administrative separation process can be daunting and Servicemembers do not need to fight this battle alone. With guidance from experienced and accomplished military lawyers, personnel can build a case to defend their career and their hard-earned benefits.

What happens when you get charged with a DWI on Fort Bragg?

2026-03-03T17:35:38Z

The decision to drive while intoxicated can carry significant consequences regardless of where the offense occurred. However, if a member of the military is pulled over on base, such as Fort Bragg, they will not only face immediate military administrative sanctions but federal charges as well. This means servicemembers can expect to appear in federal court which could jeopardize their military career. Military personnel can help minimize the impact by finding legal counsel from attorneys who possess thorough knowledge of both the federal court and military systems.

The immediate process after arrest

After the police perform routine sobriety tests and make their decision to arrest, a servicemember will be compelled to appear in court in front of a magistrate judge. The accused military member will learn of the charges being placed against them and can expect to have their on-base driving privileges revoked. The State of North Carolina will also suspend a servicemember’s civilian license for a period of 30 days. Once the civilian license suspension has been fulfilled, military personnel will still be incapable of driving on Fort Bragg. If found guilty of a DWI, the military member could face the following: supervised probation, community service, monetary sanctions, suspension of their license, and be required to undergo an alcohol assessment.

Military consequences and sanctions

Beyond the civilian consequences, servicemembers could additionally face non-judicial punishments or other adverse consequences from their commanding officer. Convicted military personnel may see a bar to reenlistment, administrative separation, or written reprimands. In some cases, a DWI could result in the loss of a security clearance.

The path forward after being charged

Serious criminal accusations can impact every part of a servicemember’s life, from their driving privileges to their military career and legacy. A local attorney with an understanding of both civilian and military legal systems can pave a path forward to help military personnel protect their freedoms and reduce the impact on their military career.