# 2016-050 - Enrollment Transfer Posting (ETP) instruction, Re-Enrollment

Case Summary

F&R Date: 2016–04–28

The grievor was a qualified Resource Management Support Clerk (RMS Clk) in the Air environment for five years before she voluntarily released from the Regular Force (Reg F). She later applied for re-enrolment in the Reg F as a skilled RMS Clk, with a noted preference for the Air environment. The grievor initially refused two re-enrollment offers, in the Air environment, due to family circumstances at the time. She ultimately accepted another re-enrolment offer over the phone, which she believed was for a skilled RMS Clk position in the Air environment. One hour before the formal re-enrolment, she was provided a copy of her Enrolment/Transfer and Posting (ETP) instructions and she noticed that the offer was for an RMS Clk in the Land environment. She brought this to the attention of the Military Career Counsellor (MCC) at the Canadian Forces Recruiting Centre (CFRC) who advised that an error had occurred but that a change could only be entertained once she arrived at her gaining unit.Having already terminated her civilian employment, the grievor felt she had no choice but to proceed with the re-enrolment in the Land environment. The grievor applied twice for a change of environment to Air, and was unsuccessful both times. She claimed that her re-enrolment in the Land environment was an error and requested a reassignment to the Air environment.

The initial authority (IA) denied redress, concluding that there was no proof that the CFRC failed to inform her that the re-enrollment offer was for the Land Environment, and that ultimately she knowingly accepted the terms of service offered to her as an RMS Clk in the Land environment.

The Committee concluded that the merit of the proposal made by the MCC to accept re-enrollment in the Land environment and to seek a change later on, were oversold to the grievor. The Committee opined that the interests of the CAF in approving a change of Distinctive Environmental Uniform (DEU) were perceived very differently by the CFRC, when seeking to enroll a skilled candidate and by Director Military Careers (D Mil C) in administering the career in progress of one of many corporal RMS Clk in light of the occupation's DEU target distributions.

The Committee concluded that the impact of individual cases on the DEU distribution targets for the RMS Clk occupation (25% Air environment, 50% Land environment and 25% Sea environment) is negligible and that annual attrition provides significant flexibility to compensate for the impact of individual cases. The Committee was also satisfied that the grievor meets the criteria stipulated in CANFORGEN 029/02 - Change of Distinctive Environmental Uniform (DEU), subject to the weight to be given to them.

The Committee recommended to the CDS that he uphold the grievance and direct the D Mil C to identify an appropriate offset in the 2016 RMS Clk DEU by-rank distribution in order to accommodate the grievor's request.

CDS Decision Summary

CDS Decision Date: 2016–06–06

The FA agreed with the Committee's findings and recommendation that the grievance be granted and that the grievor be reassigned to the Air environment and immediately be issued the DEU Air.