A growing trend in the world of military “justice” is the written reprimand – or in Army terminology, the “GOMOR.” These documents have a gigantic impact on your career, and they are being used against clients and potential clients all over the world. Let me explain what we’re seeing and how you can fight it.
Punishment without Proof
One of the biggest areas of concern for the military justice experts at Golden Law has been the command decision to issue a written reprimand without sufficient proof. In the past few years, we have seen a consistent trend. Let’s use sexual assault as an example, although we are also seeing this in drug and other cases. So take this scenario — someone complains of sexual assault, taking their allegations to command or military police. An investigation is launched, and months pass as witnesses are interviewed and evidence is gathered. Then, after the investigation has closed, the complaining witness (or “victim” as they’re commonly referred to) decides not to participate in the justice process. That means they don’t want to testify, they don’t want to be a witness anymore, and they want the whole thing to end. Sometimes the “victim’s” decision not to participate comes early in the process. Sometimes, as in multiple cases we have had this past year, a “victim” decides not to participate weeks, days, or even hours before the court-martial is set to begin.
In any state or local court in the country, that would be the end of it. No “victim,” no crime.
But in the military, things are different. Whether due to politics or a lack of principle, military commanders would often rather punish the innocent than do the right thing. And so instead of dropping the case, they issue a written reprimand to the military member accused of the crime, which has a gigantic impact on their career. Commanders issue the reprimand without proof and despite the fact that the “victim” does not want to participate. The written reprimand is the quickest kind of “CYA” measure for command – you can’t turn it down and demand trial court-martial, your only right is a few days to respond in writing, and it still punishes you and protects command from the perception that they failed to address the “issue.”
Lasting Consequences
These written reprimands (“GOMORs” in the Army) have huge impacts on your career. Often times, the written reprimand is filed in a permanent file which follows the military member at every step of their career progression. Want to promote? Too bad, you have a reprimand. Reenlist? Good luck. Retire? Fat chance.
We have assisted countless clients who have appealed their reprimand and tried to get it removed from their permanent files. Those fights are long and difficult, as the military member has to go to the Board of Corrections to get it fixed. And often, by the time their unfair reprimand is removed, their career has already been negatively impacted in many ways.
What’s worse is that commanders often use these written reprimands to justify someone’s administrative discharge. That means with no “victim,” and with no proof whatsoever, a commander can issue a written reprimand and discharge you from the military without due process or a fair shake. Military members lose their careers every day based on false and unsupported allegations documented in a written reprimand.
Fight the Injustice
With so much on the line, how do you fight for your rights? First and foremost, you need to draft and submit a convincing response. The attorneys at Golden Law work with clients every single day to develop comprehensive legal arguments in response to a written reprimand. Just this year, we have submitted responses longer than one hundred pages to make sure our clients put their best case forward.
Beyond that, you must obtain and submit character letters. Find the people who know you best and have them write a letter describing the person who you are. These letters can discuss all the things you have accomplished and why you are not the type of person to commit this misconduct. Those letters can go a long way to achieving the right result.
Even if you submit a convincing response with a bunch of character letters, the command may choose to maintain the written reprimand. In that case, it is important to appeal and ask the Board of Corrections (or similar organization in your branch of the military) to remove the reprimand from your file.
This fight will be long and hard. But with the team of military justice attorneys at Golden Law by your side, we are confident that we can help you fight the injustice.
