# 2013-047 - Promotion

Case Summary

F&R Date: 2013–09–30

As a result of the Chief of the Defence Staff (CDS) granting a previous grievance, the grievor's promotion to Sergeant (Sgt) rank was reinstated. However, in the interim, the grievor had transferred to the Reserve Force for about 18 months and then back to the Regular Force as a Master Corporal (MCpl) for 15 months. Following his back-dated promotion to Sgt, the grievor sought to have his three Personnel Evaluation Reports (PER) in the rank of MCpl treated as Sgt PERs and to have his file reviewed by the Selection Board for promotion to Warrant Officer (WO). He argued that he was effectively being denied an opportunity to compete for promotion to WO on his proper enter promotion zone (EPZ) date.

The Initial Authority, the Director General Military Careers (DGMC), denied the grievance, explaining that the grievor's PERs in the MCpl rank could not be considered as Sgts PERs because he had not sufficiently performed the duties required of a Sgt. The DGMC indicated that the grievor could nevertheless have been considered for promotion to WO had his first PER as a Sgt recommended an Immediate promotion, however the recommendation was only Ready.

The Committee reviewed the grievor's three MCpl PERs and agreed with the DGMC that the grievor had not sufficiently performed the full duties required of a Sgt for them to be considered as Sgt PERs.

The Committee also agreed with the DGMC that the grievor could have been considered for promotion to WO had his first PER as a Sgt recommended an Immediate promotion. However, the Committee applied the same principles used by the CDS in the prior case referred to by the grievor. The Committee found that once the grievor had demonstrated his performance and potential at the Sgt level in three Sgt PERs, his file should be scored and compared to the lowest scoring Sgt promoted to WO from the Selection Board held immediately following his EPZ date. In the event that the grievor's file scores higher, he should be promoted from that Board. If unsuccessful, the grievor should be compared to his cohorts in the subsequent Selection Boards.

The Committee recommended that the CDS partially uphold the grievance by directing that, once the grievor has received his third PER as a Sgt, his three-PER file then be considered in competition with his peers at the WO Selection Board immediately following his EPZ date and, if necessary, subsequent WO Selection Boards to determine if he should be promoted to WO.

CDS Decision Summary

CDS Decision Date: 2013–12–17

The CDS agreed with the Committee's findings and recommendation that the grievance be partially uphold.