# 2012-007 Careers, Promotion, Time Credit for Promotion (TCP)

Case Summary

F&R Date: 2012–03–14

The grievor, a reservist, initially enrolled as a non-commissioned member and attained the rank of Leading Seaman (LS); he later became an officer under the Reserve Entry Scheme Officer program. Following his promotion to Sub-Lieutenant (Slt), it was determined that he would be eligible for promotion to the next rank three years hence. The grievor submitted a grievance stating that, based on his interpretation of the applicable promotion policy, he was entitled to additional qualifying time for promotion to Lt(N); in his view, "former service in the Canadian Forces (CF) in other than officer rank" as set out in Annex A of Canadian Forces Administrative Order (CFAO) 49-12 - Promotion Policy - Officers - Primary Reserve, automatically entitled him to additional qualifying time towards promotion. As remedy, he requested that the effective date of his promotion to Lt(N) be amended to correctly reflect his time served in the ranks of Naval Cadet (NCdt) and Acting sub-Lieutenant (A/Slt) with associated back pay.

The initial authority (IA) denied the grievance informing the grievor that his eligibility for promotion to Lt(N) was in accordance with relevant policies and that his situation did not meet the criteria of CFAO 49-12 Annex A, Serial 5, Note 2b. The IA agreed with the grievor that the term "former service" is not clearly defined in the policy; however, he explained that Serial 5 is intended for members with previous service in the ranks of Petty Officer 2nd class and above and the grievor's time served as a LS did not meet the intent of Note 2b. The IA added that previous service cannot be connected to current service and that it did not make sense for the grievor's current time as NCdt and A/Slt to count twice for time in rank calculation.

A synopsis was prepared by a staff member of the Director General Canadian Forces Grievance Authority prior to the grievance being referred to the Board. It was explained that the grievor simply spent the minimum time required in each rank in order to be promoted and it was recommended that the final authority deny the grievance.

The Board agreed with the grievor that the term "former service" is vague. However, in the Board's opinion, it is reasonable to conclude that "former service" means previous service, i.e. an individual who has left the CF, but who is now re-applying. The Board added that Queen's Regulations and Orders for the Canadian Forces, article 6.02 - Action prior to Enrolment of Persons with Former Service, also mentioned by the grievor in his grievance, would seem to support this view as it clearly implies a break between a former period of service and the beginning of another.

Furthermore, although it remained the Board's view that the grievor did not have former service, similarly to the IA, the Board was of the opinion that in order for Serial 5 "Former service in the Canadian Forces in other than officer rank" to apply to a member, it is implicit that the member must have former service in one of the non-officer ranks listed in Note 2b. As such, Serial 5 would not be applicable to the grievor.

The Board found that the policy was applied correctly and that the grievor was not entitled to additional qualifying time for the rank of Lt(N).

The Board recommended to the Chief of the Defence Staff that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2012–07–03

The FA agreed with the Board's findings and recommendation that the grievance be denied.