How many chances does one have to get a GOMOR filed locally for an APC?

Alice San — Wed, 12 Dec 2018 20:00:51 -0500

My husband has been recently charged with APC off post. The civilian side is not a big deal since he ll see the record expunged. We are worried for the military side. He s a SSG promotable, he already received a GOMOR stating that a decision of where it ll be filed was not made yet, and we sent a rebuttal. He was given a FA code by HRC, and received a letter that he s removed from the position of DS and possibly they ll remove his badge. We all know that a Gomor filed in the permament records means QMP, QMP means separation. He is an outstanding soldier (almost 13 years in,), this is the first bad thing in his military carreer. Commander, 1SG and Sargeant major said they re on his side... however, I am trying to be rational and assess all the possibilities. How many possibilities do we have to see this GOMOR filed in his local files? Any experiences?

Response by Alice San made Dec 13 at 2018 12:28 AM

Alice San — Thu, 13 Dec 2018 00:28:54 -0500

Please, I am in need of opinions

Response by SSG Laurie Mullen made Dec 13 at 2018 3:44 AM

SSG Laurie Mullen — Thu, 13 Dec 2018 03:44:35 -0500

Disregard

Response by SFC Private RallyPoint Member made Dec 13 at 2018 4:48 AM

SFC Private RallyPoint Member — Thu, 13 Dec 2018 04:48:10 -0500

You mean your husband got a DUI? I understand it's not called a DUI, but it's still a DUI and definitely an alcohol related incident. Even if it will be expunged, it means he was found guilty. As for the QMP, I have never seen a QMP retained when it was an alcohol related incident.
As for being locally filed - the general who writes the reprimand is the person who you are appealing to. Unlike a punitive reprimand that requires a burden of proof, and has a review at a higher level, an administrative reprimand only requires enough proof that a service member could have likely committed the act they're being reprimanded for. They can be reprimanded just for having poor judgment for being in the situation they were reprimanded for.
What does that mean? The general who gave them the GOMOR is the one you are appealing to. Unless you are providing new information, they will not likely have it filed locally. His best chance is a strong letter of reference from his command team for the board.... However, again - in all the QMP notices I've counseled, I've never seen one retained for alcohol incident. If he was found innocent he could contend the GOMOR and the QMP. But expunged doesn't equate to innocent, it's the civilian equivalent of forgiven.
Your husband will be offered half separation pay.

Response by Alice San made Feb 27 at 2019 11:38 AM

Alice San — Wed, 27 Feb 2019 11:38:25 -0500

Will an expungement of his APC (DUI) play in his favor in the phase of rebuttal of QMP notification?