Why a GOMOR Can Be Worse Than a Court-Martial

Here’s the question I get asked all the time: “If the government doesn’t have enough evidence for a court-martial, isn’t it better to just get a GOMOR?” My answer? Not necessarily. A GOMOR might seem like the lesser evil, but it’s not that simple. In some cases, a GOMOR can be even harder to fight and more devastating to your career. Let me break it down.

Why GOMORs Aren’t Always the Easy Way Out

Yes, a GOMOR is an administrative action, not a criminal trial. That means no jury, no cross-examinations, and no “beyond a reasonable doubt” standard. On paper, it might look like a more forgiving process than a court-martial. But here’s the kicker: a GOMOR gives you far fewer rights, far less time to respond, and sometimes, far fewer chances to save your career.

Imagine this: you’re handed a GOMOR for something as serious as sexual assault or BAH fraud. The evidence isn’t strong enough for a court-martial, but now you have seven days to respond to accusations that could end your career. Seven days to counter months of investigations and allegations. Fair? Not even close. But that’s the reality you’re facing.

Why the Stakes Are So High

Let’s say you get a GOMOR for sexual harassment. Maybe the evidence is weak, the alleged victim doesn’t want to testify, or the case doesn’t meet the threshold for a court-martial. So the government takes the administrative route. If that GOMOR gets permanently filed, here’s what happens next:

• Promotion Boards See It: Forget about climbing the ranks. Your chances of promotion are over.
• Separation Boards Get Involved: A permanently filed GOMOR often leads to administrative separation.
• Reputation Damage: That GOMOR follows you for the rest of your career, painting a target on your back for every new command you’re assigned to.

In short, a permanently filed GOMOR can do almost as much damage as a court-martial conviction—just without the prison time.

The Real Problem: A Lack of Rights

In a court-martial, you have rights. The government has to prove your guilt beyond a reasonable doubt. You can call witnesses, demand evidence, and challenge the prosecution’s case. With a GOMOR? None of that applies. You get a letter. You have seven days. And that’s it.

Oh, and by the way, those seven days? That’s assuming you don’t need more time to investigate, gather evidence, and write a rebuttal. Sure, an extension might be granted, but don’t count on it. The clock starts ticking the moment you receive that GOMOR.

How to Fight Back

If you’re staring down a GOMOR, you can’t afford to wing it. A successful rebuttal takes more than a letter denying the allegations. It’s a full-scale operation.

Here’s what it needs:

• A Solid Narrative: Your rebuttal isn’t just about saying you didn’t do it. You need to tell your story—one that’s backed by evidence and makes sense to a Commanding General.
• Credible Evidence: Sworn statements, text messages, emails—everything needs to be airtight.
• Expert Guidance: This isn’t the time for trial and error. An experienced attorney can help you build a case that stands up to scrutiny.

At my firm, every GOMOR rebuttal starts with a strategy session. We figure out the story we need to tell, the evidence we need to back it up, and the best way to present it to the Commanding General. It’s not easy. It’s not quick. But it works.

Final Thoughts

A GOMOR isn’t just a slap on the wrist. It’s a career-altering event that can end everything you’ve worked so hard for. If you’re facing one, don’t underestimate the stakes. And don’t try to handle it alone.

You have seven days to respond.

Make them count.