# 2012-015 Careers, Component Transfer, Pay
Case Summary
F&R Date: 2012–05–10
The grievor took issue with the requirement to release from the Cadet Instruction Cadre (CIC) prior to enrolling in the Regular Force (Reg F) under the Continuing Education Officer Training Plan (CEOTP). The grievor argued that as a result, he suffered a loss of seniority, pension and pay. The grievor requested that these and any other factors affected by his release be corrected. After being informed that he had, in fact, maintained continuous service and received all pay and benefits to which he was entitled, the grievor submitted that current policy grants pay protection for a Reservist non-commissioned member (NCM) upon transfer to the Reg F as an officer, while the same pay protection is not afforded a Reservist Officer transferring to a Reg F officer training plan. The grievor requested that pay protection be applied to him retroactively to his enrolment date in the Reg F.
The initial authority (IA) confirmed that the grievor's component transfer (CT) into the Reg F was processed in accordance with all applicable policies. In addition, since the grievor did not hold a Basic Military Officer qualification (BMOQ) nor a Military Occupation Specification Identification qualification at the time of transfer, the IA concluded that the grievor was granted all of the entitlements available to him. The IA found that the grievor was paid in accordance with the applicable regulations as an officer participating in the CEOTP.
As a preliminary issue, the Board noted that the grievance had been referred on a discretionary basis; however, given that the issues raised by the grievor concerned his release prior to his component transfer and his pay level, the Board was of the opinion that the file should have been mandatorily referred and concluded that it must be considered and determined by the Chief of the Defence Staff (CDS).
The Board noted that Defence Administrative Order and Directive (DAOD) 5002-6 - Continuing Education Officer Training Plan - Regular Force, provides that the rate of pay is set in accordance with Compensation and Benefits Instructions (CBI) Chapter 204 - Pay of Officers and Non-Commissioned Members. From a pay perspective, the Board found that the grievor received the rate of pay approved by Treasury Board in CBI 204.211(7). The Board also noted the grievor's view that an unfair disparity exists between NCMs and officers transferring from the Reserve Force to the Reg F, a view which seems to be shared by the Commander Canadian Forces Recruiting Group as indicated in a letter to the Director Compensation and Benefits Administration; however, the Board considered this issue outside the purview of this grievance and as such did not investigate or comment further on the matter.
The Board observed that the grievor also questioned the fact he had to release from the Canadian Forces (CF) to effect his CT. The Board examined DAOD 5002-3 - Component and Sub-Component Transfer, which provides guidance with regard to the administration of transfers between components of the CF, as well as CF Military Personnel Instruction (CF Mil Pers Instr) 03/08 which amplifies the DAOD. Based on this review, the Board noted that when there is a CT from one component to another, some administrative steps are required for standardization purposes; however, as indicated in a "Note" at the end of section 4.2 of CF Mil Pers Instr 03/08, the fact that the grievor was a member of the CIC necessitated a complete Canadian Forces Recruiting Centre (CFRC) processing.
Despite the inconveniences resulting from the requirement for complete CFRC processing, the Board was unable to conclude that the grievor was prejudiced. Notwithstanding, the Board was of the opinion that if the CFRC were to process all joining members in the same fashion, the CT process would be smoother and better aligned with the CF philosophy expressed in section 2.1 of CF Mil Pers Instr 03/08 which is to optimize opportunities and create a seamless environment for transfer between components. On this basis, the Board was of the view that the CDS may wish to consider ordering a review of the CT scheme.
The Board recommended to the CDS to deny the grievance.
CDS Decision Summary
CDS Decision Date: 2013–03–19
The CDS did not agree with the Board's recommendation that the grievance be denied. However, the CDS agreed with the Board that the grievor should not have been required to release and re-enrol as long as he has met the Reg F enrolment standards: the CDS directed CMP to review the component process.
In spite of the fact that he supported the grievor's requirement to relinquish rank as a condition of transfer, the CDS, based on QR&O 11.02, directed that the grievor's promotion to Second-lieutenant be re-instated retroactive to the date of his transfer, not the date he passed his BMOQ. Although the CDS did not accept the grievor's request to get protected rank and pay at the time of his component transfer, the CDS found it more appropriate to recognize the grievor's previous service as a Cadet Organizations Administration and Training Service (COATS) officer in this manner. Incidently, the CDS determined that should be the same for COATS officers who held the rank of at least Lieutenant at the time of transfer, regardless of the entry plan. Therefore, the CDS referred the matter to Chief - Military Personel to conduct a thorough review of the appropriate policies in order to provide suitable recognition of COATS officer's former rank and experience.
The CDS considered that the grievor's former rank of Captain and his significant responsabilities, combined with his skills and experiences, were of military value, and therefore, he invoked CBI 204.015 to grant the grievor one more pay increment in the rank of Second-lieutenant.