# 2019-276 Releases, Release, Release - Compulsory

Case summary

F&R Date: 2021-08-20

The grievor challenged his compulsory release from the Canadian Armed Forces (CAF) pursuant to item 5(d), Not Advantageously Employable, of Article 15.01 of the Queen's Regulations and Orders for the Canadian Forces (QR&O). As redress, he requested that his release item be amended to 3(b), On Medical Grounds. The Initial Authority found that the grievor's history of illicit drug use and unacceptable behavior supported a release under item 5(d).

Regarding the alleged drug possession that precipitated the recommendation for the grievor’s release, the Committee found that the release authorities had not conducted an impartial review of the evidence presented by the grievor. Without this crucial finding, the Committee found that the recommendation for the grievor's release under item 5(d) was unjustified.

The Committee then applied the test set out in the Chief of the Defence Staff Directive 5225-1, Consideration for Attribution of a Release Item, regarding the release of CAF members suffering form mental health issues, to the grievor's circumstances. The evidence demonstrated on a balance of probabilities that the grievor's medical condition contributed to his unacceptable behaviour.

Accordingly, the Committee recommended that the Final Authority afford the grievor redress by directing the appropriate release authorities to amend his release item from 5(f) to 3(b) of Article 15.01 of the QR&O. 

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's finding that the grievor had been aggrieved, and with its recommendation that the grievor's release item be amended from 5(d) (Service Completed – Not Advantageously Employable) to 3(b) (Medical). The CDS found it significant that the behaviours relied upon to justify the 5(d) release were recognized by medical experts as being associated with the grievor's diagnoses. The CDS expressed disappointment that the grievor had not been medically released, despite significant efforts the CAF have made towards understanding mental health issues. However, he also noted that significant steps have recently been taken to better support individual members prior to release.