# 2010-093 - Allowance - Loss of Operational Allowances (ALOA), Allowance for Loss of Operations Allowance

Case Summary

F&R Date: 2011–02–16

The grievor, who was deployed to Afghanistan, became ill while he was home in Canada on leave. He was ultimately diagnosed with a bacterial infection and was deemed unfit to return to Afghanistan. As a result, he was medically repatriated and the Task Force Commander (TF Comd) determined that he was ineligible for the allowance for loss of operational allowances (ALOA).

The grievor submitted a grievance arguing that he was fit when he left for Afghanistan, it was likely that he contacted the bacterium in Afghanistan and he should therefore be eligible for ALOA.

The Head, Medical Policy and Standards (Med Pol & Stds) agreed that it was likely that the grievor contacted the bacterium in Afghanistan, but then concluded that his illness could not be reasonably linked to the conditions of the deployment and the grievor therefore did not meet the definition of "military casualty" to be eligible for ALOA. The initial authority relied on the opinion of the Head, Med Pol & Stds to deny the grievance.

In reviewing the specifics of the particular bacterium, along with the specific living conditions the grievor was under during his time in Afghanistan, the nature of his work, and the acknowledgement by Head, Med Pol & Stds, the Board concluded that it was likely the grievor contacted the bacterium in Afghanistan. As to it being reasonably linked to the conditions of deployment, the Board relied on the "Proximity Test" in Frye v. Canada to make a determination that the member became ill as a direct result of the conditions of his deployment.

The Board found that the grievor met the definition of military casualty and should therefore have been entitled to ALOA.

The Board recommended that the grievance be upheld.

CDS Decision Summary

CDS Decision Date: 2011–06–20

The CDS agreed with the Board's findings and its recommendation to uphold the grievance. According to the clarification received from TB, the definition of ''military casualty'' is broader than what could be depicted from CBI article 205.536. Consequently, the CDS agreed with the Board's systemic recommendation that the process for administering ALOA be reviewed, and he directed the DGCB to conduct the review.