GOMOR vs Article 15: Key Differences in Military Disciplinary Actions
Key Differences In Military Disciplinary Actions.
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What Is The Difference Between A GOMOR And Article 15?
If you’re in the military and have received a GOMOR or an Article 15, you might be confused. You may wonder what the difference is and which one is more serious. Both are types of military discipline, but they have different processes and can impact your career in unique ways.
This guide will help you understand the difference between a General Officer Memorandum of Reprimand (GOMOR) and nonjudicial punishment under Article 15 of the UCMJ.
What Are The Key Differences Between GOMOR And Article 15?
A GOMOR and an Article 15 are both serious disciplinary actions in the military, but they work in different ways and have different outcomes.
What is a GOMOR?
A GOMOR, which stands for General Officer Memorandum of Reprimand, is an official letter from a general that points out a service member’s mistake or bad behavior. It’s an administrative action, not a legal punishment under the Uniform Code of Military Justice (UCMJ). Think of it like a formal note for your official record.
A GOMOR can be filed in two ways:
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Locally: The letter stays with your local unit for a limited time.
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Permanently: The letter goes into your Official Military Personnel File (OMPF), where promotion boards can see it forever.
Before a GOMOR is filed, you have the right to write a response to explain your side of the story. However, there is no formal hearing or trial.
Even though a GOMOR doesn’t take away pay or reduce your rank, it can seriously damage your career. It might stop you from getting promoted, lead to negative performance reviews, or even cause the military to start the process of removing you from service.
What is an Article 15?
An Article 15 is a form of nonjudicial punishment. This means a commander can punish a service member for breaking the rules without sending them to a full military trial, known as a court-martial. Unlike a GOMOR, an Article 15 is a direct punishment.
Possible punishments from an Article 15 can include:
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A reduction in rank for enlisted members.
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Losing a portion of your pay.
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Being assigned extra duties.
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Being restricted to a specific area.
When you face an Article 15, you have more legal rights. You can talk to a lawyer, see the evidence against you, and present your own evidence. In most situations, you can also refuse the Article 15 and demand a trial by court-martial instead. An Article 15 is recorded and can hurt your chances for promotion and future assignments.
Main Differences Summarized
The biggest difference is their purpose:
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A GOMOR is an administrative tool used to document misconduct and can affect your career long-term.
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An Article 15 is a punitive tool used to directly punish a service member for a specific offense.
A GOMOR is part of the administrative system, while an Article 15 is part of the military justice system under the UCMJ. Because of this, an Article 15 comes with more procedural rights, like the right to a lawyer and the option to demand a trial.
Both can lead to you being separated from the military, depending on the situation. It is very important to know which one you are facing to understand your rights and how to respond.
How Does The GOMOR Process Compare To The Article 15 Process?
While both actions can impact a Soldier’s career, they are handled differently by the legal system and different people make the decisions. A GOMOR is a formal written warning from a general that goes into your administrative file. An Article 15 is a disciplinary action under military law that can lead to punishment. The process, your rights, and the long-term consequences for each are very different.
The GOMOR Process: A Formal Warning
A GOMOR is a serious step that usually happens after an official investigation has proven misconduct. It isn’t given out lightly. In most cases, the evidence already exists from:
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An AR 15-6 investigation
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A CID or military police investigation
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Civilian police records, like for a DUI or assault
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A command investigation into broken rules
Once a general reviews the investigation, they decide if a written reprimand is needed. After that, the process happens in a few steps.
Getting the Memo
You are officially given the signed GOMOR and all the evidence against you. The memo explains what you supposedly did wrong. At this point, you haven’t been punished, but your career could be in jeopardy.
Your Chance to Respond
Before a final decision is made, you have a chance to submit a written response, usually within seven days. This is called a rebuttal. Your rebuttal can include:
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Legal arguments against the findings
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Evidence that proves you are innocent
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Statements from people who support your character
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Information about special circumstances
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Proof that you have corrected your behavior
There is no live hearing. The general only looks at the written documents to make a decision.
The Filing Decision: Local or Permanent
After reading your response, the general decides where to file the GOMOR. The options are:
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Local filing: Kept at your unit for a limited time. This is less serious.
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Permanent filing: Placed in the performance section of your official military human resources record (AMHRR).
A permanent filing means promotion boards will see the reprimand. For officers and senior non-commissioned officers (NCOs), this can stop promotions and even lead to being kicked out of the military.
Options for Review After Filing
If the GOMOR is filed permanently, it’s not easy to remove. You must use formal processes to ask for it to be removed, such as:
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Asking the Department of the Army Suitability Evaluation Board (DASEB) for a review.
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Applying to the Army Board for Correction of Military Records (ABCMR).
These boards check if the reprimand was unfair, incorrect, or filed improperly. They usually don’t re-investigate the original incident unless there was a legal mistake.
The Article 15 Process: Punishment Under Military Law
An Article 15 is a type of nonjudicial punishment under the Uniform Code of Military Justice (UCMJ). It is a formal disciplinary action that comes with specific rights and can result in punishment.
The process starts when you are given a written notice that tells you:
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Which UCMJ rule you are accused of breaking
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Details about the alleged offense
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That your commander intends to give you nonjudicial punishment
Once you get this notice, you have to make a big decision.
Choosing Your Rights
You are informed of your rights, which include:
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The right to talk to a military lawyer
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The right to stay silent
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The right to turn down the Article 15 and demand a trial by court-martial
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The right to present evidence and have witnesses
If you demand a court-martial, your case goes to a formal military court where the government must prove you are guilty beyond a reasonable doubt. If you accept the Article 15, your commander handles it, and they only need to believe it’s more likely than not that you did it.
The Hearing
If you accept the Article 15, your commander holds a hearing where:
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The commander looks at the evidence.
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You can present your own evidence and witnesses.
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You can make a statement or choose to stay silent.
The commander decides if you committed the offense.
Possible Punishments
If you are found guilty, the commander can give you punishments. The types of punishment depend on the commander’s rank. For example, a field-grade officer can give punishments like:
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Reducing an enlisted Soldier’s rank
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Taking away half of one month’s pay for two months
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Assigning extra duties for up to 45 days
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Restricting you to a specific area for up to 60 days
These punishments start right away.
Your Right to Appeal
After you are punished, you have five days to appeal. The next higher commander reviews your appeal. You can argue that there was a legal mistake, there wasn’t enough evidence, or the punishment was too harsh.
How it’s Filed
An Article 15 is filed in your military record. Depending on your rank and what your command decides, it might be filed in the performance section, where promotion boards can see it.
Why Would The Army Choose A GOMOR Instead Of An Article 15 — Or Vice Versa?
The Army uses GOMORs (General Officer Memorandums of Reprimand) and Article 15s for different reasons. These tools are not the same, and commanders choose which one to use based on the situation, the evidence, and what they want to achieve.
What is a GOMOR?
A GOMOR is used to officially record bad behavior or poor choices without giving formal punishment under the UCMJ (Uniform Code of Military Justice). Here are some reasons why a GOMOR might be used:
- The issue is about leadership or professionalism but isn’t a clear UCMJ violation. For example, if someone’s actions hurt the Army’s reputation but don’t break the rules in a punishable way.
- The goal is to impact the Soldier’s career long-term rather than punish them immediately. A GOMOR in a permanent file can affect promotions, command assignments, or even staying in the Army.
- The evidence is strong but not suited for formal punishment. Since a GOMOR is administrative, it doesn’t require a formal trial or proof beyond a reasonable doubt.
- The problem involves trust or professional reputation. A GOMOR can show a loss of confidence in someone’s ability to lead or meet standards.
A GOMOR focuses on documenting behavior and deciding if the Soldier should stay in the Army. It does not take away rank or pay.
When The Army May Use Article 15
An Article 15 is used when a Soldier breaks the UCMJ and deserves punishment. Here are some reasons why commanders might choose this option:
- The offense is a clear UCMJ violation. Examples include being AWOL (Absent Without Leave), disobeying orders, using drugs, or assaulting someone.
- The commander wants to punish the Soldier. Article 15 allows for penalties like losing rank (for enlisted Soldiers), losing pay, extra duties, or restrictions.
- The evidence proves the misconduct, but the offense doesn’t need a court-martial. This is a faster, less formal way to handle violations.
- Quick accountability is necessary. Commanders can address the issue right away, and the Soldier can still appeal or request a court-martial in most cases.
Unlike a GOMOR, Article 15 is specifically tied to the UCMJ and includes formal protections like the right to consult a lawyer.
Why Commanders Choose One Over the Other
Commanders use GOMORs or Article 15s based on their goals:
- GOMORs are about documenting misconduct and influencing future career decisions.
- Article 15s are about punishing UCMJ violations right now.
Both tools are available to commanders everywhere, under the same rules and standards. Understanding why a commander chooses one over the other can help Soldiers prepare for what comes next and make informed decisions.
Taking The Right Step After Receiving A GOMOR Or Article 15
If you receive a GOMOR or an Article 15, you must make an important decision very quickly. You often only have a few days to write a response or make a choice. Once the paperwork is filed or the punishment is given, it is much harder to change the result.
Before you respond or accept punishment, you need to understand the long-term effects. These actions can impact your promotions, your ability to stay in the military, future command roles, and your security clearance. The best way to respond depends on the facts of your case, the evidence against you, and what you want for your career.
If you don’t know what to do, you should talk to a military defense lawyer. A lawyer who often deals with GOMORs and Article 15s can make things clearer. Fortis Military Defense, LLC is a law firm in Atlanta that represents service members all over the world. They focus only on military justice. Looking at your case early with a lawyer can help you make a smarter choice.
Frequently Asked Questions About GOMORs and Article 15 Actions
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Who has the legal authority to issue a GOMOR?
Only a general officer, or an officer exercising general court-martial convening authority, has the power to issue a General Officer Memorandum of Reprimand.
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How many days does a service member have to submit a rebuttal to a GOMOR?
A service member is typically given 7 calendar days from the date they are formally served with the memorandum and its supporting evidence to submit a written response.
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What is the deadline to appeal an Article 15 punishment?
A service member must submit a formal appeal to the next higher commander within 5 calendar days after the punishment is imposed by the initial commander.
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Can a service member refuse an Article 15 nonjudicial punishment?
Yes, in most cases service members have the right to refuse an Article 15 and demand a formal trial by court-martial, unless they are attached to or embarked on a vessel.
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Which administrative boards handle requests to remove a permanent GOMOR from a military record?
Service members must apply to the Department of the Army Suitability Evaluation Board for an initial review or petition the Army Board for Correction of Military Records to appeal a permanent filing.