# 2022-153 Careers, Misuse of alcohol, Career actions, Removals

Case summary

F&R Date: 2023-08-14

The grievor disputed the decision of his Commanding Officer (CO) to refer him for a medical assessment related to suspected alcohol misuse, arguing that the allegations the referral was based on were untrue. The grievor also complained that he found a copy of this medical referral in his personnel file. He considered the referral document to be inappropriate and prejudicial because it contained unproven allegations and had not resulted in any Medical Employment Limitations or further administrative action.

There was no Initial Authority (IA) decision for this file because the IA rejected the grievance for having been submitted after the three-month time limit stipulated by paragraph 7.06 of the Queen's Regulations and Orders for the Canadian Forces. 

The Committee noted that the CO's decision to refer the grievor for a medical assessment was based on the provisions of the Defence Administrative Orders and Directives 5019-7 – Alcohol Misconduct, which directs the CO to take action after receiving a report of a member's conduct deficiency involving alcohol, or even a suspected deficiency. The Committee found that the CO correctly determined that the allegations pointed to a suspected conduct deficiency involving alcohol and concluded that referring the grievor for a medical assessment based on suspected alcohol misuse was reasonable and in accordance with the applicable provisions. Finally, the Committee found that it is unfair to retain the referral document containing the unproven “allegations” on the grievor's personnel file because such a document is highly prejudicial to the grievor. 

The Committee recommended that the Final Authority grant partial redress by directing that the medical referral form not be retained on the grievor's personnel file or, in the alternative, that the unproven allegations listed on the form be deleted.