# 2012-036 Releases, Release - Compulsory, Release - Conduct/Performance, Release - Medical

Case Summary

F&R Date: 2012–06–28

The grievor was released under item 5(f) "Unsuitable for Further Service" of the table to article 15.01 of Queen’s Regulations and Orders for the Canadian Forces (QR&O), as a result of conduct issues. At the time of his release the grievor was also awarded permanent medical employment limitations (MEL) that breached universality of service (U of S), and, consequently, was deemed “Medically Disabled”. The grievor sought to change his item 5(f) release to an item 3(b) “Medical” in order to increase his access to benefits that accompany a medical release.

The issue before the Board was whether the grievor’s compulsory release under item 5(f) was appropriate.

The Director Military Careers Administration (DMCA) accepted the administrative review (AR) recommendation that the grievor receive a compulsory release under item 5(f) and, in consideration of the grievor’s MEL, the DMCA also directed that the grievor be identified as “medically disabled”, thereby entitling him to additional benefits. The initial authority (IA), the Director General Military Careers agreed with the DMCA decision and explained that the release item is assigned only after the primary reason for release has been determined based on consideration of all the circumstances. The IA found that it was the inappropriate conduct that warranted the grievor’s compulsory release and not his medical condition. The IA further stated that to assign a release item for the sole purpose of providing the grievor with additional financial benefits would be inappropriate.

The Board first considered whether an item 3(b) release was even open to the DMCA as a possibility. The Board found that it would have been open to the DMCA and the Canadian Forces to release the grievor under item 3(b) given that his MEL breached the U of S.

The Board then examined the specific issues that led to the grievor’s compulsory release to determine whether item 5(f) was the most appropriate. In a career of just over ten years, the grievor had several conduct and performance issues including a Court Martial (for stealing), multiple recorded warnings, a counseling and probation for alcohol misuse and issues relating to mismanagement of his personal finances. The grievor argued that his heavy use of prescription pain killer drugs was the cause of his conduct problems, however, the Board found that there was no independent evidence that medical or medication issues influenced or precipitated the conduct and performance problems substantiated in the file material.

The Board concluded that the release of the grievor under item 5(f) was appropriate and in accordance with the provisions of the relevant policies found at Canadian Forces Administrative Order 15-2, Annex A, and Defence Administrative Order and Directive 5019-2.

The Board recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2013–01–11

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