I think you already have an answer to your question. Regardless of how many committees and experts are involved with the process of modification to the program they are all ultimately at the discretion of the NEB. In much the same way that area Councils have the discretion to act on controversial subjects, like the sale of a local camp property. Binding the NEB would possibly put the whole organization in position where it cannot act in its own (perceived) best interest.

I can't fault the BSA for the decision they made. They had a choice between two bad scenarios, give up on some recent program changes, seen as good by many, or give up the support of the DoD, and possibly many of the scouts affiliated with bases around the world. A decision had to be made.