# 2017-162 Careers, Commissioned from the Rank

Case Summary

F&R Date: 2017-07-20

The grievor claimed that he should have been promoted prior to commissioning. He submitted that he was entitled to a promotion because he received a posting instruction for a position at the next rank prior to the release of the commissioning message. Finally, the grievor argued that, after commissioning, he performed tasks warranting a higher officer rank.  

The Director General Military Careers, acting as the Initial Authority, determined that he could not grant the redress as there was no service requirement to promote the grievor prior to commissioning.

The Committee found that the grievor was notified of his rank entitlement and given a choice of commissioning or not. Accordingly, the Committee found there was no requirement to promote him before commissioning and that the grievor was treated fairly and in accordance with Canadian Armed Forces policies.

With regard to the posting message, the Committee noted that the grievor was ultimately never transferred to the said position and found that the grievor was properly commissioned.

With regard to his duties after commissioning, the Committee found that the grievor was assigned the full spectrum of duties associated with a higher officer rank for a period of over 90 days, thus satisfying the requirements for the Acting While So Employed (AWSE) rank. The Committee recommended that the grievor be granted AWSE promotion for the period during which he was employed in a higher rank position.

FA Decision Summary

The Director Canadian Forces Grievance Authority, acting as Final Authority (FA) agreed with the Committee's recommendation that to partially uphold the grievance and grant an AWSE promotion to the grievor. The FA found that the grievor was eligible for a promotion to the rank of Master Warrant Officer (MWO) at the time; but noted that there were no service requirement to do so. The FA also found that the administration and management of the grievor's transition to the newly restructured occupation was consistent with the Military Employment Structure Implementation Plan and that the grievor was well aware of the rank entitlement on commissioning after being provided with time to choose to do so or not. The FA found that the grievor was treated fairly and as per policy and denied the grievor's request for a retroactive promotion to the rank of MWO. The FA examined CANFORGEN 060/00, mentioned that "to be comparable to [public service] pay, the [total compensation] pay must take into consideration the unique aspects of military service: postings, operational tempo and family turbulence to name a few" and explained difference between acting pay as per the Compensation and Benefit Instructions (CBI) and total compensation. Referring to CBI 204.21(4) the FA found that three months/at least 90 consecutive days is a reasonable benchmark to use for determining entitlement to AWSE promotions. The FA found that the grievor met the three criteria and directed a retroactive AWSE promotion to the rank of captain. The FA stated that the current AWSE policy is undergoing revision and that Director General Military Careers is currently drafting a Defence Administative Orders and Directives on promotion policy which will also address the granting of acting pay and rank.