# 2012-112 Careers, Career Progression, Component Transfer (CT), Entry into the Promotion Zone

Case Summary

F&R Date: 2012–12–19

The grievor submitted a grievance concerning the rank and pay level he received upon component transfer (CT) from the Cadet Instructor Cadre (CIC) to the Regular Force (Reg F). The grievor, a Captain (Capt) in the CIC, transferred into a specialist occupation at the rank of Lieutenant (Lt) with a pay increment (PI) level 9. The grievor was of the opinion that the Canadian Forces Recruiting Group failed to credit him with the time served as a Capt while serving in the Reserve Force (Res F). The grievor contended the experience he gained from several appointments in which he worked alongside the Reg F in Staff Officer positions, including extensive experience relevant to his new military occupation (MOC) should be sufficient to offset any requirements for time spent as a Lt.

As redress,the grievor requested either 1) immediate promotion to Capt with a seniority date effective the date of his CT; 2) immediate promotion to Capt with a seniority date effective the date he became MOC qualified; or 3) immediate promotion to Capt at a PI level that would equal his pay as a reservist Capt PI level 10 with a seniority date effective the date of his CT.

The initial authority (IA) denied the grievance on the basis that, according to Canadian Forces Administrative Order (CFAO) 11-6, an officer may not be promoted above the rank of Lt until MOC qualified in the current MOC. The IA pointed out the grievor was not granted any qualification as a result of a prior learning assessment and recognition (PLAR) review and therefore he was not entitled to be granted a rank above Lt upon CT. Regarding pay rate, the IA noted the grievor's Res F service was converted into Reg F service using previous full-time paid service (PFTPS) calculations which translated into PI level 9.

The Board noted that, according to the terms of his CT, the grievor was promoted to Second-Lieutenant with a simultaneous promotion to Lt upon completion of his basic military officer qualification course, retroactive to his date of CT. The Board agreed with the IA that the grievor could not have been promoted to Capt upon CT to the Reg F. The Board also noted that the grievor had five years of post-secondary education and consequently required three years as a Lt in his specialist occupation before he could be promoted to Capt according to Appendix 1 to Annex B to CFAO 11-6. The Board pointed out that although paragraph 25 of the CFAO provides that Res F service will be considered in determining the entry to promotion zone date on transfer, the grievor's previous service did not count toward his required three years in the rank of Lt as it was not service in the same MOC. The Board concluded that the grievor's rank awarded upon CT was in accordance with policy.

On the issue of the grievor's rate of pay on CT, the Board noted that the process used to determine if an applicant has special qualifications that could be of military value is the PLAR. A review of the grievor's PLAR indicated that his university education, CIC courses and work experience were not the equivalent of the MOC qualification course and, therefore, he was not granted any qualification. The Board was satisfied that, in the circumstances and using PFTPS calculations, the grievor was awarded the highest PI level possible.

Having concluded the grievor could not have been CT'd at the rank of Capt, the Board nonetheless noted that the grievor possessed extensive work experience in the rank of Capt, as well as a period of service at the rank of Major while so employed, and that he served almost a total of six years on Class B service; in the Board's opinion, although the grievor did not have experience in his new MOC, he had significant experience that was closely related to it. In the circumstances, given the grievor's extended service with the CIC and his extensive experience, the Board found it would be reasonable for the Chief of the Defence Staff (CDS) to use his discretionary authority to waive the three-year time in rank requirement in recognition of the grievor's time in service in the Res F.

The Board recommended that the CDS partially uphold the grievance.

The Board recommended that the CDS use his discretionary authority to waive the three-year time in rank requirement as a Lt in recognition of the grievor's years of service and that the grievor's promotion to Capt be backdated to the date he achieved his MOC qualification.

CDS Decision Summary

CDS Decision Date: 2013–04–30

The FA agreed with the Board's recommendation to partially uphold the grievance. Considering his extensive CIC and his Class B Reserve Force Service and the depth and breadth of his overall CF experience, the FA agreed with the Board's recommendation that the three-year requirement as a Lt be waived and that the grievor be promoted Capt to the date he achieved his MOC qualification.