Service members have an absolute right to submit evidence that rebuts, explains, or mitigates unfavorable information. AR 600-37, paragraph 3-2, affords service members two important due process rights in rebutting a GOMOR. First, the recipient of a GOMOR is entitled to the “opportunity to review the documentation that serves as the basis for the proposed filing.” The documentation should be largely unredacted to enable the Soldier to meaningfully rebut the allegations.
Second, the Soldier is entitled to a “reasonable amount of time to make a written statement in response.” Active duty Soldiers are typically provided seven calendar days to respond, while Army National Guard and Reserve Soldiers receive 30 calendar days. Commanders will typically grant reasonable requests for extension of time beyond these deadlines.
The service member or their attorney can prepare a written statement in response. When drafting a rebuttal, it’s important to consider both the content of the response and whether providing evidence in support would be helpful or harmful.
Soldiers are often told simply to accept responsibility in their GOMOR response and beg that the reprimand be filed locally.
However, any admission of guilt can later be used against a Soldier at Article 15 punishment, court-martial, chapter board, or any other administrative or criminal proceeding. The decision of what approach to take in a GOMOR rebuttal is highly fact-specific and should be made in consultation with an attorney.
