I have a GOMOR in my OMPF from a DUI. Can I get it removed through DASEB?

SSG Private RallyPoint Member — Thu, 12 Mar 2020 08:02:20 -0400

It's been 5 years since it occured and I've done great things since. I've won battalion and brigade level boards, 290+ pt score, Gained college experience,Served in leadership roles and excelled, commandant list ALC, just to name a few. I havnt given up over the years. Ive had Too many people tell me that I'll never see SFC and at first it brought me down alot, however, now I'm used to it and I'm just trying to do what I can to stand out , be a good leader, and push forward in Hope's I can put a senior non commissioned officer rank on my chest.

That's just a little background. Currently, I've been looking into the regulation and daseb. Aside from submitting a request to have the deragotory information moved to restricted, j also want to make sure I dont overlook or miss anything but s there anything else I can and should do to increase the chances of success ?

Edit: this happened as a SGT and have promoted since.

Response by SFC Stephen King made Mar 12 at 2020 8:13 AM

SFC Stephen King — Thu, 12 Mar 2020 08:13:09 -0400

Great question SSG Private RallyPoint Member and your story of resilence is remarkable as I see it you should go talk to legal services and ask what can be done as opposed to relying on your own diligence. A face to face conversation with a subject matter expert is always better source of information. I truly wish you the best in your pursuit.

Response by CWO3 Private RallyPoint Member made Mar 12 at 2020 8:37 AM

CWO3 Private RallyPoint Member — Thu, 12 Mar 2020 08:37:20 -0400

Don't worry about the mule going blind, just keep loading the wagon. Actions speak, so maybe you'll get a break. If not, you kept up your end of the contract, save one mistake.

Response by SFC Private RallyPoint Member made Mar 12 at 2020 8:48 AM

SFC Private RallyPoint Member — Thu, 12 Mar 2020 08:48:25 -0400

Ssg James Preston I too admire your resilience and pushing on even with the constant doubt from others. I will tell you can have that Gomar moved to your "Restricted File". As someone who has been through the DASEB to get "unfavorable Information" removed and talking from experience. Clearly you meet the time requirements since it's been 5 years ago. Also you have to show that the punishment served its purpose and you have grown since that Gomar. I was always made to believe that the Army forgives if you do x.y.z and so forth but it never felt good Validating year after year for the board and seeing that blackmark against me. It definately hurt me for alot of years and it was a red flag evey year I was being considered. Long story short go through the DASEB and submit your packet. It's your only shot if you want to progress and it's a long process. Once my "unfavorable Information" was moved over. I picked up the next year and been grinding since then. Good luck and keep on striving!

Response by CPT Private RallyPoint Member made Mar 12 at 2020 8:50 AM

CPT Private RallyPoint Member — Thu, 12 Mar 2020 08:50:25 -0400

The 2ID Memo on GOMORs listed below is a good reference IAW the question you asked.

Response by SGM Erik Marquez made Mar 12 at 2020 8:59 AM

SGM Erik Marquez — Thu, 12 Mar 2020 08:59:06 -0400

I am not a military lawyer, and you need one.
That said, reading of chap 7 in AR 600-37 a laymen's reading indicates to me, you do not have a valid appeal.
As the SM filing the appeal.. you must
"(b) The recipient has the burden of proof to show, by clear and convincing evidence, to support assertion that the document is either untrue or unjust, in whole or in part."
Is it untrue you got a DUI?
Is it unjust you got a letter of reprimand for getting a DUI?
I think the answer to both qualifying questions is no.

Also very telling are two other points...
In this same chapter, it states even the officer that gave you the reprimand can not have it rescinded because "it has served its purpose"
And 2nd, discharge upgrades....they can not be approved because of what has happened AFTER. TO get a discharge upgraded you must prove it was wrongly issued.
It seems clear the Army's intent is not to rescind, upgrade, ect based on good behavior after the fact.
Bottom line, these boards are made up of humans, they can act humanish sometimes and follow what they feel is "just" or "right" vice an interpretation of the reg that says they must say no.
So get some real educated with mil law and regulations experiences to assist in writing your appeal.
If you dont try, you for sure wont get it rescinded.

Response by SFC Michael Hasbun made Mar 12 at 2020 10:23 AM

SFC Michael Hasbun — Thu, 12 Mar 2020 10:23:26 -0400

Good luck with that...

Response by 1SG Private RallyPoint Member made Mar 12 at 2020 10:52 AM

1SG Private RallyPoint Member — Thu, 12 Mar 2020 10:52:15 -0400

I've seen NCOs overcome a GOMOR for DUI. One, as a SSG, not only got a DUI, he got it while in DS School, so had that AER to accompany it.
You may be successful having it moved to your restricted file. Create a list of your achievements since, gather supporting documents (AER, NCOERs,
COAs, etc.), compose a sound draft, and make an appointment with legal assistant for help composing a final request.

Response by SFC Private RallyPoint Member made Mar 12 at 2020 11:12 AM

SFC Private RallyPoint Member — Thu, 12 Mar 2020 11:12:05 -0400

As pointed out, I don't believe you have a valid appeal or request for fem9. However, I have seen plenty of NCOs overcome a GOMOR with enough time. I would say the bare minimum is at least five years. Unfortunately the board will never be able to not see your GOMOR, during the records review process the members are required to view it.

Response by MSG Private RallyPoint Member made Mar 12 at 2020 11:45 AM

MSG Private RallyPoint Member — Thu, 12 Mar 2020 11:45:40 -0400

To give you some light about possibly overcoming the GOMOR...I knew a 1LT that had received one when he was a SSG (or SGT...he never specified what rank he was when he got it) but he made SFC and then get a commission. And this was after everyone told him he would never make SFC nor get the commission.

Response by CSM Darieus ZaGara made Mar 12 at 2020 3:27 PM

CSM Darieus ZaGara — Thu, 12 Mar 2020 15:27:08 -0400

Unlikely, cannot hurt to try.

Response by SSG Private RallyPoint Member made Mar 12 at 2020 4:23 PM

SSG Private RallyPoint Member — Thu, 12 Mar 2020 16:23:31 -0400

When you made the conscious decision to drink and drive, you knowingly threw your career in the trash. I have yet to hear of DASEB moving GOMOR’s to anyone’s restricted file specifically in relation to DUI’s. No grace of god will help you nor any achievement you earn. It sucks, but it’s honestly your fault for committing the offense in the first place.

Response by 1SG Private RallyPoint Member made Mar 13 at 2020 8:48 AM

1SG Private RallyPoint Member — Fri, 13 Mar 2020 08:48:22 -0400

There is a process, and I have heard of (but not personally seen) successful efforts to move a GOMOR to the Restricted file. The two cases I have assisted on were very different; in one case an officer lost track of one or more grenades, in the other the officer was accused of moral turpitude (something about porn production). In both cases, they had actually committed the offense, so basically their position was that they shouldn't be "forever punished" for what they had done.
The boards didn't see it that way.
Now I wasn't on the board, but having seen their written requests and guiding them in their production, my educated guess is that the board saw the GOMOR as the LEAST that could have happened. Each of them could have been given Article 15s or a Court Marshal for the offense.
In your case, many NCOs get reduced or a Bar to Reenlistment, if not an outright discharge for DUI. In other words, a lot of reasonable observers will say that any mitigation has already occurred.
I won't tell you not to try, though.
If you don't try, you know the answer is no.