A general officer memorandum of reprimand can end a career quietly, long before anyone tells you it has. GOMOR removal is possible, but the Army sets a high bar: you must show by clear and convincing evidence that the reprimand is untrue or unjust, in whole or in part. Most soldiers have a second, more realistic option as well — asking the board to move the document to the restricted folder where promotion boards will not routinely see it. This article explains both paths, who qualifies for each, and what the evidence has to look like.
By Kevin Courtney, Esq. | Former USMC Judge Advocate | California Attorney
What a GOMOR Is and Where It Ends Up
A GOMOR is an administrative reprimand, not a criminal conviction. A general officer issues it in response to conduct the Army considers a failure to meet its standards. Common triggers include a DUI, a positive urinalysis, an adverse investigation, a relationship problem, or a financial or integrity issue. It carries no confinement and no forfeiture. Its power comes entirely from where it gets filed.
Army Regulation 600–37, Unfavorable Information was certified current on 2 October 2020. Under it, a commander has only two filing options for a reprimand: the performance folder of your Army Military Human Resource Record (AMHRR), or a local file. Commanders cannot direct filing it straight into the restricted folder. A local file lasts up to 18 months, or until you transfer to another general court-martial jurisdiction. A performance-folder filing, by contrast, follows you for the rest of your career. It then sits in front of every promotion, command, and schooling board.
Only a general officer — including one frocked to brigadier general — may direct filing in the AMHRR. Before that happens, the Army must refer the memorandum to you for comment. Active duty soldiers and Army Reserve soldiers in Troop Program Units get 7 calendar days to respond. Army National Guard and Reserve soldiers not on active duty get 30 calendar days. That rebuttal is your cheapest and best chance to keep the document local, and far too many soldiers waive it.
GOMOR Removal and Transfer Are Two Different Requests
Soldiers often use “removal” loosely. The Department of the Army Suitability Evaluation Board (DASEB) treats these as separate requests with different standards, different evidence, and very different odds.
- Removal takes the document out of your record entirely. You must prove the reprimand is untrue or unjust, in whole or in part.
- Transfer moves the document from the performance folder to the restricted folder. You must prove the reprimand has served its intended purpose and that moving it serves the best interest of the Army.
Removal attacks the merits. Transfer concedes the merits and argues that the reprimand did its job. Because of that difference, transfer is the more common form of relief for a soldier who cannot show the underlying facts were wrong. Choosing the wrong request — or asking for both without explaining why — weakens an otherwise reasonable appeal.
Who Can Request GOMOR Removal From the DASEB
The DASEB is a standing board inside the Army Review Boards Agency and serves as the initial appeal authority for unfavorable information in the AMHRR. It typically sits as a panel of colonels, and when it hears an enlisted case, at least one sergeant major sits as a voting member. Voting members are always senior in grade to the soldier whose record is under review.
AR 600–37 limits who may appeal. The board considers appeals from Regular Army, Army National Guard, and Army Reserve soldiers in the grades of E–6 and above, along with officers and warrant officers. Soldiers below E–6 may appeal only as an exception to policy granted by the Deputy Chief of Staff, G–1.
Just as important, the DASEB does not accept appeals from people who have left the military. The Army Review Boards Agency also publishes a list of reasons it closes applications without action. Three of them catch soldiers most often:
- Less than one year has passed since the reprimand was imposed.
- You have not received a non-academic evaluation report since the filing.
- The document is not actually in your AMHRR.
Confirm your eligibility first. Otherwise you may spend months building a package the board returns unread.
The Standard of Proof for GOMOR Removal
Here is the rule that decides most cases. Once a document has been properly filed in the AMHRR, the DASEB presumes it is administratively correct and that a competent authority made an objective decision to file it. The burden then shifts to you. To win GOMOR removal, you must produce clear and convincing evidence that the reprimand is untrue or unjust, in whole or in part.
Clear and convincing is a demanding standard — substantially more likely true than not. It is well above a preponderance of the evidence. In practice, that means the board is not weighing your version against the general officer’s version and picking the better story. It starts from the assumption that the general officer got it right.
So what actually moves a board on the merits? Usually one of four things:
- A later official investigation showing the original one was flawed.
- A decision by an authority above the imposing officer that overturned the underlying action.
- Documentary proof that a key factual assertion in the memorandum is wrong.
- Evidence that the Army denied you the process its own regulation required.
Notably, there is no time limit for filing a removal appeal. You can raise a genuine error years later.
What a Transfer Request Has to Show
Transfer to the restricted folder follows a different track. You must have received at least one evaluation report, other than an academic report, since the reprimand was imposed. Then you carry the burden of showing by substantial evidence that the document has served its intended purpose and that the transfer is in the best interest of the Army.
Strong transfer packages usually combine several of the following:
- A memorandum of support from the imposing general officer, or from the chain of command at the time of the imposition.
- Support from your current chain of command, written by leaders who know your work now.
- Subsequent evaluation reports showing sustained, documented performance since the incident.
- A clear statement of remorse and accountability — the regulation expressly lists remorse as a consideration.
- Documents showing rehabilitation: completed treatment, restitution, education, additional responsibility earned.
One caution worth understanding before you invest in this route. Under AR 600–37, moving a document to the restricted folder will not normally serve, by itself, as the basis for promotion reconsideration by a special selection board. Transfer protects your future boards. It does not automatically undo the board that already passed you over.
Common Mistakes That Sink a GOMOR Removal Appeal
Most denials share the same handful of flaws.
Arguing feelings instead of evidence. The regulation is blunt about this. The DASEB will not consider appeals that merely allege an injustice or error without supporting evidence. It also returns appeals claiming the intent has been served without proof. A sincere three-page letter, standing alone, is not a case.
Requesting removal when the facts support transfer. If you cannot attack the underlying conduct, asking the board to erase it invites a straightforward denial. Match the request to the evidence you actually have.
Ignoring the imposing authority. Support from the general officer who signed the reprimand carries real weight. Many soldiers never ask, assuming the answer will be no.
Filing too early. Without the required evaluation report and enough time to build a record of performance, a transfer request arrives before you have anything to show.
Underestimating what a denial costs. If the DASEB denies your appeal, the notification of denial goes into the performance portion of your record. The appeal itself and the proceedings go to the restricted portion. A weak, premature appeal therefore adds a document to the folder boards actually read.
GOMOR Removal After You Retire or Separate
The DASEB will not hear your appeal once you are out. Retired soldiers, separated soldiers, and soldiers in the Individual Ready Reserve apply instead to the Army Board for Correction of Military Records (ABCMR) using DD Form 149. The ABCMR also holds exclusive authority over requests to remove a record of Article 15 nonjudicial punishment or a court-martial — the DASEB cannot do it.
If you are still serving and the DASEB denies you, the ABCMR is your next forum. Include the DASEB decision letter and your prior correspondence with the application. The ABCMR applies an “error or injustice” standard, and its relief is discretionary. If that board denies relief as well, federal court review may remain available in narrow circumstances. I walk through that path in my article on challenging a records-board decision in federal court.
When to Talk With an Attorney
Not every reprimand needs counsel. Suppose the underlying facts are undisputed, you are two years past the incident with strong evaluations, and your former commander will support you. In that case, a well-organized transfer request is within reach on your own.
Counsel matters most when the stakes or the complexity rise. Four situations stand out: the GOMOR triggered a show-cause board or elimination action; the underlying investigation was flawed and you need to attack it; a prior appeal already failed; or a promotion or retirement grade turns on the outcome. Serious GOMOR removal appeals are evidence-intensive. They require a theory of error or injustice, a developed record, and supporting statements gathered deliberately rather than at random.
Courtney Military Law Group represents soldiers, veterans, and retirees nationwide in records-correction matters, including DASEB appeals and ABCMR petitions. If you are weighing your options, you can request a records-correction case review. When you write, tell us your component and grade, and the date the reprimand was imposed. Also say whether it sits in the performance folder, whether you rebutted it, and what you have tried so far.
Practical Takeaways
- Fight the filing decision first. The 7–day rebuttal is the cheapest relief you will ever get.
- Pick one request — removal or transfer — and build the record that request actually requires.
- A GOMOR removal appeal has no deadline. Transfer requires at least one non-academic evaluation and, per ARBA, generally a year on file.
- Support from the imposing authority is the single most valuable document in a transfer package.
- Once you separate or retire, the DASEB closes to you and the ABCMR becomes your forum.
Sometimes the reprimand also produces an elimination action or a separation board. That proceeding usually moves faster than any appeal, so it deserves attention first. For officers, see my guidance on what to consider before signing a resignation in lieu of elimination, along with the firm’s page for officer show-cause and elimination defense. For a broader look at correcting a military record, start with our military records correction attorney page. You can also see how a comparable correction works in removing a personality disorder narrative from a DD–214.
Frequently Asked Questions About GOMOR Removal
Can a GOMOR really be removed from my record?
Yes. GOMOR removal is possible, but rarely on sympathy alone. The DASEB presumes a properly filed reprimand is correct, and you must show by clear and convincing evidence that it is untrue or unjust in whole or in part. These appeals succeed most often when new evidence undermines the underlying investigation or the Army failed to follow its own filing procedures.
How long does a GOMOR stay in my record?
A locally filed reprimand stays up to 18 months, or until you move to another general court-martial jurisdiction, whichever comes first. A reprimand filed in the performance folder of your AMHRR stays permanently unless a board removes it or transfers it to the restricted folder.
What is the difference between removal and transfer to the restricted folder?
Removal deletes the document from your record and requires proof that it is untrue or unjust. Transfer leaves the document in your record but moves it where promotion and selection boards do not routinely see it. Transfer requires proof that the reprimand has served its intended purpose and that the move benefits the Army.
Can I appeal to the DASEB after I retire?
No. The DASEB does not accept appeals from people who are no longer serving. Retired, separated, and IRR soldiers apply to the ABCMR on DD Form 149.
Will moving my reprimand to the restricted folder get me promoted?
It protects future boards, but AR 600–37 provides that a transfer will not normally, by itself, justify promotion reconsideration by a special selection board. Any reconsideration generally requires an exception to policy.
Can the DASEB remove an Article 15?
No. Only the ABCMR may remove a record of nonjudicial punishment or a court-martial from your record. The DASEB can, however, consider transferring an Article 15 record to the restricted folder under the same intended-purpose standard.
Does it hurt me to file an appeal and lose?
It can. When the DASEB denies an appeal, the denial memorandum goes into the performance portion of your record, where boards will see it. That is a strong reason to file when your evidence is ready, not the moment you are eligible.
A Note on Sources and Legal Advice
The rules described here come from AR 600–37 and the published guidance of the Army Review Boards Agency on appealing unfavorable information. Regulations and board procedures change. Verify the current version before you rely on any deadline or eligibility rule.
This article is general information and is not legal advice. Every case is different, and outcomes depend on the record, the requested relief, the applicable board, and the strength of the evidence. Past results do not guarantee future outcomes. If you have questions about your situation, speak with a qualified military law attorney.
You can read more client reviews of the firm, or request a case review to discuss your reprimand and the forum that fits your situation.
