# 2012-030 Releases, Administrative Review Process, Release - Conduct/Performance

Administrative Review Process, Release - Conduct/Performance

Case Summary

F&R Date: 2012–05–30

The grievor was released from the Canadian Forces (CF) under item 5(f) - Unsuitable for Further Service, of the table to Queen's Regulations and Orders for the Canadian Forces article 15.01 for his failure to settle a private debt.

The grievor submitted that he was rushed through the review process without the benefit of being informed of his rights and responsibilities. The grievor also indicated he was harassed during the review process. The grievor requested that his release item be changed to 5(d) - Service completed- Not Advantageously Employable, which would give him an entitlement to severance pay. Alternatively, the grievor requested to be reinstated for a six-month trial period.

The initial authority (IA) found the administrative review (AR) process adequately provided the grievor with the time necessary to ascertain his rights and responsibilities. The IA found no evidence that the grievor was aggrieved and no basis upon which to grant him redress. The IA informed the grievor that reinstatement was not available in his circumstances and that he could apply for re-enrolment; however, the IA pointed out that re-enrolment would require the personal approval of the Chief of the Defence Staff (CDS) in accordance with Defence Administrative Order and Directive 5002-1 - Enrolment.

The Board determined that the grievor was placed on counselling and probation (C&P) for failing to settle a private debt and that a number of conditions were attached to the C&P, including a requirement for counselling, the settlement of the debt and the requirement that the grievor stabilize his financial situation. The Board noted that shortly after being placed on C&P, the grievor informed his Commanding Officer (CO) that he was unable to comply with the conditions of his C&P. The CO thereupon issued a notice of intent to recommend release and an AR was initiated.

The Board found that the grievor was notified of the AR process, provided with disclosure of the relevant information that would be used to reach a decision and afforded the opportunity to make representations, which he declined. While the Board acknowledged that the grievor may very well have been stressed during the period in question, in the Board's view, the grievor was aware of what he was doing when he consented to his release and there is no evidence to the contrary. The Board was also satisfied that the AR process was conducted in accordance with established policies.

Although the grievor briefly alluded to alleged harassment, the Board pointed out that he provided no details and, in any event, saw no evidence of harassment in the file materials.

The Board recommended that the CDS deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–03–21

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

Page details

Date modified: