In the event the GOSCA decides to deny a hearing, or where another Department of the Army entity initiates the DAADB referral, the RC officer must be entitled to request an adversarial hearing when submitting their case before the DAADB.
31j states that the initiating GOSCA need only "consider the [RC] officer's rebuttal and either close the case .
However, the references to the GOSCA above should be replaced with DAADB, or Commander, PERSCOM, as appropriate.
Requiring formal legal review at the GOSCA level would ensure adequate due process to the RC officer, while preserving the GOSCA's discretion to choose the separation forum.
Rather, the Army can formally incorporate the recommended legal review framework into the existing GOSCA and DAADB processing steps.
Since Gonzalez, informal legal reviews probably occur routinely at the GOSCA and DAADB levels.
However, the Army cannot rely on this type of adhoc process, nor is it necessary that a GOSCA convene the equivalent of a formal and cumbersome Article 32 proceeding, or an Air Force PODB equivalent, every time the GOSCA wants to separate a Reservist.