# 2012-027 Pay and Benefits, Pay, Promotion, Re-Enrollment, Time in Rank (TIR)

Case Summary

F&R Date: 2012–04–12

The grievor initially enrolled in the Canadian Forces (CF) as a non-commissioned member (NCM); he was later accepted in the University Training Plan - NCM, and became an officer. After six years in one military occupation, he transferred to another occupation, but voluntarily released before qualifying in that occupation.

Eight years later, the grievor applied for re-enrolment. A Prior Learning Assessment Recognition was conducted which determined that based on the fact that the grievor had been out of the military for an extended period and that he was unqualified he could not be granted additional qualifications except for a bypass of a portion of the basic military officer qualification. The grievor was offered re-enrolment in the same occupation he was in and at the same rank he held at the time of his release, with a pay increment (PI) level 1. The grievor accepted the offer.

The grievor later requested a review of the terms he was offered on re-enrolment given his previous CF service. He was informed that service prior to a continuous interruption of more than five years does not qualify for additional pay increments unless the applicant maintained relevant skills or qualifications deemed to have military value. It was indicated that the grievor had been out of the CF in excess of five years, had not reached the operational function point in his occupation and had not maintained relevant skills while he was out of the CF.

The grievor objected to the interpretation that his skills must be pertinent only to his specific occupation and argued that sub-paragraph 204.015(4)(a) of Compensation and Benefits Instructions (CBI) refers to skills or qualifications which are deemed to be of military value. He submitted a number of examples of responsibilities he has been given since his re-enrolment as a result of his previous knowledge and experience and initially requested that he be granted time in rank (TIR) of three years and PI level 4. He later indicated that he would accept TIR of 18 months to two years with the PI level 1 he was given at enrolment.

The Board noted that the grievor's previous service was recognized in that he was granted the rank of Lieutenant upon re-enrolment, but found that the grievor had not made a case that he had exceptional qualifications or that his civilian experience had resulted in the maintenance of relevant skills or qualifications of any particular military value. Despite the grievor's submissions outlining his notable service since re-enrolment, the Board was of the opinion that the determination of credits at the time the grievor applied for re-enrolment could only be based on the information available at that time.

The Board concluded that the grievor had been treated fairly, in accordance with applicable policy and that he was not misled to believe that he would receive anything beyond what he agreed to upon re-enrolment.

The Board recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–01–21

The CDS partially agreed with the Board's recommendation to deny the grievance. He agreed with the Board's finding that given the grievor's nine years of broken service, he was treated in accordance with the regulations and policies governing PI and TIR. However, since the grievor was employed in a position that has far exceeded what was required from his rank, the CDS partially uphold the grievance by promoting him to the rank of Captain retroactively in accordance with QR&O chapter 11.