AR 600-37 Decoded: How to Challenge What's in Your Military Personnel File
AR 600-37 governs unfavorable information in your OMPF. Most soldiers don't know they can challenge, remove, or transfer documents — or that there are strict rules about what commanders can put in your file in the first place.
What Can Legally Go in Your OMPF
Your Official Military Personnel File has two sections with different access rules. Understanding which fiche a document is in — and whether it should be there at all — is the first step to challenging what doesn't belong.
Performance Fiche
Awards, evaluations, positive documents. Accessible to promotion boards and selection boards for routine purposes.
Restricted Fiche
Documents accessed only under specific circumstances. Not routinely seen by promotion boards. Can be unsealed for investigations or certain administrative actions.
What Requires Specific Authority to File
General Officer Memorandum of Reprimand (GOMOR)
Must be filed by a general officer or DASEB. Not a company or battalion commander.
A lieutenant colonel commanding a battalion cannot file a GOMOR. This is a hard authority limit. If you received a document labeled a GOMOR from someone who is not a general officer, that is an unauthorized filing and can be challenged on authority grounds alone.
Letter of Reprimand (LOR)
Commander must specify: local file only, or OMPF. A locally filed LOR does NOT go to the OMPF.
This distinction is critical. If the commander did not explicitly specify OMPF filing, the default is local. If you are told an LOR "will be in your permanent record" without a formal filing decision, ask for written clarification of where it is being filed.
LORs Filed in the OMPF
Must follow the mandatory referral process — soldier gets to respond in writing before filing.
The referral process is not optional. A filing without the referral process is procedurally defective and can be challenged independently of whether the underlying conduct was accurately described.
Criminal Records and Investigation Findings
Specific rules govern which fiche receives which type of record.
The regulation distinguishes between records going to the performance fiche versus restricted fiche based on the nature of the finding. A record filed in the wrong fiche can be challenged under AR 600-8-104.
- ✗File documents in the OMPF without going through proper channels or without the required filing authority.
- ✗File derogatory documents without providing the soldier an opportunity to respond in writing.
- ✗Use the OMPF as a personal punishment tool by documenting things that do not meet the regulatory threshold for OMPF filing.
The Mandatory Referral Process
Before any unfavorable document is filed in the OMPF, AR 600-37 establishes a mandatory referral sequence. This is not a courtesy — it is a procedural prerequisite. A filing that skips this process is defective and challengeable on procedural grounds alone, independent of whether the underlying document is accurate.
The soldier must be notified in writing of the intent to file.
The soldier must receive a copy of the exact document to be filed.
The soldier has a minimum of 7 calendar days to provide a written rebuttal.
The rebuttal is filed WITH the unfavorable document — it cannot be separated.
The filing authority reviews both the document and the rebuttal before making the filing decision.
If the referral process was skipped or truncated — even if the underlying document is accurate — the filing can be challenged on procedural grounds alone. You do not have to prove the document was wrong. You have to show the process was not followed. Contact Trial Defense Service if you believe the referral process was not completed before a document was filed in your OMPF.
- ✗Filing a document in the OMPF without giving the soldier the required 7-day response window.
- ✗Refusing to file the soldier's rebuttal with the document, or delaying the filing of the rebuttal.
- ✗Presenting the referral as purely informational ("this is being filed, just so you know") rather than as an opportunity for meaningful response.
Challenging Documents Already Filed — DASEB
Once a document is in your OMPF, the Department of the Army Suitability Evaluation Board (DASEB) is your primary avenue for relief. DASEB can transfer a document from the performance fiche to the restricted fiche, or remove it entirely. These are different standards with different evidence requirements.
Transfer to Restricted Fiche
The document has served its intended purpose. Subsequent record demonstrates rehabilitation. Continuing prejudice is disproportionate to underlying conduct.
Removal from OMPF
The document is factually inaccurate or legally unjust (factual/legal error), OR has served its purpose and removal is in the best interest of the Army AND the soldier.
Evidence That Works vs. Evidence That Does Not
- ✓Strong subsequent NCOERs and awards since the document was filed
- ✓Promotions achieved after the document — demonstrates the Army has already recognized rehabilitation
- ✓Time elapsed: 5+ years with a clean record significantly strengthens the petition
- ✓Documented mitigating circumstances at the time (combat deployment, personal crisis, medical condition)
- ✓Character statements from senior leaders with direct knowledge of current performance
- ✓Evidence the underlying facts were wrong, if the document is factually inaccurate
- ✗"I didn't deserve it" without specific factual or procedural basis
- ✗Expressions of anger at the commander who filed the document
- ✗Arguments that the punishment was too harsh, without showing subsequent rehabilitation
- ✗Generic character statements from people who did not observe relevant conduct
- ✗Assertions that the issuing commander was biased, without supporting documentation
The Nuclear Option — Army Board for Correction of Military Records
The ABCMR can correct ANY military record — not just OMPF documents. This includes evaluation reports, discharge characterization, rank restoration, and records involving multiple interconnected documents. The standard is clear injustice or material error, which is a higher bar than DASEB.
Processing time is typically 12–18 months. Legal representation is allowed and advisable for complex cases. Do not go to ABCMR as a first step — exhaust DASEB remedies where applicable before escalating.
When to Use ABCMR Instead of (or After) DASEB
DASEB Denied
DASEB denied the petition and the injustice is clear and documented. ABCMR reviews denials and can reach different conclusions based on the same record plus additional evidence developed for the ABCMR petition.
Multiple Interconnected Records
The error involves more than one document — for example, a GOMOR, a subsequent NCOER that referenced the GOMOR, and a promotion board non-selection that resulted. ABCMR can correct the entire chain. DASEB handles only the individual document.
Constitutional Rights Violation
The document was filed in retaliation for a protected communication (IG complaint, congressional inquiry, EO complaint). Retaliatory adverse personnel actions raise due process and First Amendment issues that ABCMR is equipped to address.
Upgrading Discharge Characterization
If you were separated with a less-than-honorable characterization that is unjust or based on errors, ABCMR is the primary avenue for upgrade. DASEB does not handle discharge characterization.
Local Files vs. OMPF — The Key Distinction
Not everything that looks official goes in the OMPF. The difference between a local unit file and the OMPF determines whether a document follows you — and whether promotion boards ever see it.
Local (Unit) Files
- —Locally filed LORs (commander specifies "local file only")
- —DA Form 4856 counseling statements — do NOT automatically go in the OMPF
- —Other local administrative documents
Destroyed when the soldier PCSs or separates. Do NOT follow the soldier to a new unit. CANNOT be accessed by promotion boards.
OMPF (Official Record)
- —GOMORs and LORs specifically filed in the OMPF by proper authority
- —Criminal records and investigation findings meeting filing thresholds
- —Evaluation reports, awards, positive documents
Follows the soldier throughout their career. Accessible to promotion boards (performance fiche) or under specific circumstances (restricted fiche).
- ✗"This counseling statement will be in your permanent record." — If it is a local-file DA Form 4856, it will NOT be in the OMPF. Ask directly: "Is this being filed in my OMPF or locally?" Get that answer in writing.
- ✗"This LOR will follow you everywhere." — If the commander has not filed it in the OMPF through proper channels, it is a local document. It will be destroyed when you PCS. Always confirm in writing whether an LOR is being filed locally or in the OMPF.
- ✗Referencing a locally filed counseling statement in an NCOER as though the document itself is a rateable event — the conduct may be ratable, but the administrative document's existence is not an independent basis for an evaluation finding.
Frequently Asked Questions
The questions that come up most — answered directly.
Can my battalion commander file a GOMOR in my OMPF?
No. A General Officer Memorandum of Reprimand must be filed by a general officer. A battalion or brigade commander who is a colonel or below does not have authority to file a GOMOR. What they can issue is a Letter of Reprimand — and critically, they must specify whether it is filed locally (unit file only) or in the OMPF. A locally filed LOR does not travel with you and does not go to promotion boards.
What is the mandatory referral process and what happens if it was skipped?
Before any unfavorable document is filed in the OMPF, AR 600-37 requires the soldier to be notified in writing, given a copy of the document, and provided a minimum of 7 calendar days to submit a written rebuttal. That rebuttal must be filed with the document — it cannot be separated. If the referral process was skipped or truncated, the document can be challenged on procedural grounds alone, independent of whether the underlying content was accurate.
What is DASEB and what can it actually do for me?
The Department of the Army Suitability Evaluation Board hears petitions to transfer a document from the performance fiche to the restricted fiche (where promotion boards typically do not see it) or to remove it from the OMPF entirely. The transfer standard is that the document has served its purpose and is causing disproportionate continuing prejudice. The removal standard is higher: the document must be factually inaccurate, legally unjust, or have served its purpose with removal in the best interest of the Army.
Will a counseling statement (DA Form 4856) show up on promotion boards?
No. A DA Form 4856 counseling statement does not automatically go in the OMPF. Counseling statements are local administrative documents. They are not filed in the OMPF unless the commander takes a separate filing action under AR 600-37. When a soldier PCSs or separates, local file documents — including counseling statements — are destroyed. They do not travel to a new unit. They cannot be accessed by promotion boards.
How strong does my record need to be to win a DASEB petition for transfer?
The DASEB looks for evidence that the document has "served its intended purpose." Strong subsequent NCOERs, awards, promotions, and time elapsed (5+ years with a clean record significantly strengthens the case) all support a transfer petition. Character statements from senior leaders who know your current performance matter. What does not work: expressing that the original punishment was unfair without showing what you have done since.
What is the ABCMR and when should I use it instead of DASEB?
The Army Board for Correction of Military Records can correct any military record and applies a "clear injustice or material error" standard — a higher bar than DASEB. Go to ABCMR when DASEB has denied the petition and the injustice is clear, when the case involves multiple interconnected records, when a constitutional rights violation is involved, or when the document was filed in retaliation for a protected communication. ABCMR processing typically takes 12–18 months and legal representation is allowed and advisable.
Can a commander reference a locally filed counseling statement in an NCOER?
The conduct itself may be rated in an NCOER if it falls within the rating period, but a locally filed counseling statement cannot be referenced as the basis for a rating simply because the document exists. The NCOER rating must reflect the rater's assessment of the soldier's performance — the existence of a local administrative document is not an independent basis for a negative rating. If the conduct itself is not rateable, the document's existence does not make it so.
Does the restricted fiche actually protect me at promotion boards?
For most promotion purposes, documents in the restricted fiche are not routinely reviewed by promotion selection boards. However, the restricted fiche can be accessed for certain administrative and investigative purposes. Transfer to restricted is not the same as removal — the document still exists and can be accessed under specific circumstances. If removal is the goal, you must meet the higher DASEB or ABCMR removal standard, not just the transfer standard.
This analysis provides general educational information about AR 600-37 only. It is not legal advice and does not establish an attorney-client relationship. Military regulations are periodically revised — always verify citations against the current edition. Contact Trial Defense Service or a military defense attorney for guidance specific to your situation.