# 2011-077 - Pay, Relinquishment of Rank, Relinquishment of Rank for Military Training Plan, Reversion in Rank

Case Summary

F&R Date: 2011–10–31

The grievor, a Major (Maj) was accepted for subsidized education in a Military Training Plan (M Plan) under Canadian Forces Administrative Order 9-62 which required senior officers to voluntarily revert to the rank of Captain (Capt) before training began. The grievor would retain his Military Occupation Specification Identification (MOSID) until qualified to serve in the new MOSID. Some 26 months after commencing training, it was realized by Canadian Forces (CF) authorities that the grievor had not been reverted in rank. Consequently, he was retroactively reverted in rank to Capt effective the date he started his M Plan training and subjected to recovery of the overpayment.

The grievor contested the reversion, arguing that he had reached an agreement with the new MOSID advisor and the M Plan administrators that he would retain his Maj rank during his training and revert to Capt on transfer to the new MOSID, without a reduction in pay.

There was no initial authority decision.

The Board found that the relinquishment of rank, as required by the M Plan policy, is not a Treasury Board requirement, and that, in accordance with Queen’s Regulations and Orders article 11.12, relinquishment can only occur when a CF member requests relinquishment and permission is granted by an appropriate authority; the Minister of National Defence, the Chief of the Defence Staff (CDS) or a designated Assistant Deputy Minister.

The Board also found that the CDS had not delegated his approval authority and that the grievor’s reversion in rank could not stand because:

• the grievor did not actually request to relinquish his rank, and

• neither the Chief of Military Personnel nor his staff had the necessary authority to approve such a request to relinquish rank, even if there had been one in this case.

Given that the retroactive reversion could not stand, the Board recommended that the CDS uphold the grievance, declare the grievor’s reversion to Capt to be null and void, and direct that his pay as a Maj be restored for the M Plan training period.

The Board also recommended that the CDS direct that a formal process be put in place for senior officer M Plan candidates to request permission to relinquish their rank and for the CDS to approve or deny it, in order to conform to regulations.

The Board considered that it would be appropriate for the CDS to direct a review of former senior officer M Plan candidates and, where relinquishment is found not to have occurred in accordance with regulations, direct that they be paid according to their substantive rank.

CDS Decision Summary

CDS Decision Date: 2012–09–12

The CDS did not agree with the Board's recommendation to grant the grievance. The CDS did not agree with the Board's finding that relinquishment within QR&O Chapter 11 is the only means a revert in rank can occur. The CDS was of the opinion that situations under CFAO 9-62, namely program such Military Chaplain Training Plan, do not require a specific permission from him: the CDS was of the opinion that once a member indicates his willingness to a rank reversion when he applies to such a program, his permission to revert this member is implied by CFAO 9-62 once the member is selected. Therefore, the CDS denied the grievance and he did not endorse the Board’s systemic recommendation that a formal process be implemented to request formal permission to relinquish rank for M plan candidates to conform to QR&O.