The GOSCA will then decide to: close the case; initiate elimination proceedings pursuant to paragraph 4.18d; or forward the action to Commander, PERSCOM, for DAADB consideration.
However, the references to the GOSCA above should be replaced with DAADB, or Commander, PERSCOM, as appropriate.
Adding a formal legal review and recommendation at the DAADB level would complement the GOSCA-level legal review, and serve as a final due process check for separation cases initiated at both the GOSCA and PERSCOM levels.
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.
In the absence of any prior agency findings of fact involving these alleged admissions, Captain Howerton faced no barrier to arguing that he met the Codd test of making at least a "colorable" allegation that the stigmatizing information was false.(105) A prior agency finding, whether by formal legal review at the GOSCA or DAADB levels, or both, would limit the Army's exposure to later civil suits challenging the separation due to the highly deferential legal standards applied to agency fact finding.(106) Instead of deferring to the courts, this returns the predicate fact finding process to the Army for these discretionary military matters.
(28.) Paragraph 2.31(c) provides: Local commanders; CDR, PERSCOM; Chief, Army Reserve (CAR); CDR, ARPERCEN; Director, Army National Guard (DARNG); TJAG, or the DACH may recommend that an RC officer be considered by a DAADB to determine if the officer's manner of performance, degree of efficiency, or misconduct constitutes consideration for involuntary separation.
The DAADB may also be employed for officer release during a commonly termed Reduction in Force, where officers are considered for separation, not for stigmatizing reasons such as substandard performance or misconduct, but based upon the needs of the service.
1.6b(1) (stating that an officer's service normally characterized as general or worse by DAADB for officers released for misconduct, moral or professional dereliction); 1.5b (stating that a General Discharge Certificate is issued because of serious misconduct for which punished).
According to standard practice in DAADB cases, the ABCMR narrowly limited its ruling to whether DAADB procedure was properly carried out under the controlling Army regulation, then AR 635-100.
Failure to he selected for regular status does not subject these career Air Force Reservists to an analogy of the Army's DAADB, however.
(95.) For DAADB referrals from PERSCOM regarding Reservists, and DAADB referrals from Army Reserve Personnel Command regarding AGR officers.