# 2020-131 Releases, Release - Medical

Case summary

F&R Date: 2021-08-25

The grievor challenged the decision to release him from the Canadian Armed Forces (CAF) pursuant to item 5(e) - Irregular Enrolment, 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 from 5(e) to 3(b) - On Medical Grounds. Under the circumstances, the Initial Authority found that 5(e) was the most applicable item because the grievor had not disclosed a pre-existing medical condition during his enrolment process.

The Committee thoroughly reviewed the grievor's medical and enrolment records in accordance with Defence Administrative Order and Directive 5002-1 - Enrolment, as well as the enrolment provisions of Canadian Forces Administrative Order 15-2 - Release and the Canadian Forces Health Services Group Instruction 5020-07 - Changes of Medical Category or Employment Limitations. The Committee found that the evidence overwhelmingly supported the conclusion that the grievor had a pre-existing medical condition that was not disclosed during the enrolment process and that did not meet the minimum enrolment standards.

The Committee did not consider item 3(b) - On Medical Grounds, applicable to the grievor's circumstances because that particular item applies to CAF members who have completed basic training. The grievor's medical condition manifested itself during his basic training, within 90 days of his enrolment. Consequently, the Committee concluded that item 5(e) was the most appropriate release item in accordance with QR&O 15.01.

The Committee recommended that the Final Authority not afford the grievor redress.