The DUI through civilian court and the GOMOR and flag for the DUI are two separate actions.
My first question would be, why were the charges dismissed?
Second, the flag is required for the DUI in civilian court and the GOMOR from the military side. Since the charges were dropped from the civilian court, you are no longer flagged for that action. However, you are still flagged for the pending GOMOR. This will remain in effect until the issuing commander directs what happens to the GOMOR (filed in OMPF, locally, or destroyed). Once that determination is made, then that flag must be lifted. However, you could still be barred from reenlistment for the DUI even though you were not convicted in civilian court.
A GOMOR, Bar to reenlistment, and chapter action are administrative actions. A lot of what happens in your case will be determined by why the charges were dismissed. Even soldiers who beat the DUI in civilian court normally will get a GOMOR. Once you are served the GOMOR you have the opportunity to seek assistance through your servicing Legal Assistance Office. You should receive the entire evidence packet and GOMOR when you are served. Take the packet and GOMOR to your legal assistance appointment (you will make this appointment yourself) and that attorney will help you write your rebuttal.
GOMORs are initiated by CG staff and then forwarded down to the unit to serve on the Soldier. Normally take 30 – 90 days for the unit to receive it from the CG’s office to serve on the Soldier.
Did you find this information useful? I would appreciate your feedback!
TOP
Information in this post provided by our Legal SME: ECK- Thanks ECK!
Comments
anon
If someone is charged with a crime and is found not guilty (not simply having the charges dropped, but found innocent) and a GOMOR for the allegation of the crime has already been filed, can the Not guilty verdict cause the gomor to be removed?
Mark Gerecht
Anon, When you received your GOMAR notice , you should have had 7 days to provide a rebuttal. You can contact your Legal Assistance Office to help you draft the rebuttal. In the rebuttal you can request that the GOMOR be filed locally instead of your OMPF. Once in the OMPF it is almost impossible to have it removed. Our legal SME states he has can’t remember one ever being removed from the OMPF.
Once a GOMOR is issued, the flag should be removed and the Soldier is eligible to reenlist, UNLESS the unit issued a Bar to Reenlistment because of the GOMOR. All of these are administrative action and not considered punishment. You may be able to file an appeal with HRC. Check out AR 600-37 chapter 7 and AR 601-280 (Bars) for more information
Respectfully
TOP
Sgt Mooo
I am currently a Sergeant that has been convicted with a Dwi. I’m going to get read my Gomor soon. Is it possible to get a Gomor and a field grade article 15 at the same time. In the Army.
Mark Gerecht
Yes it is possible to get both. The GOMAR is an administrative action and the field grade is punishment.