GOSCAGeneral Officer Show Cause Authority
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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.
The current language in paragraph 2.31j 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.
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.