# 2012-113 Careers, Commissioned From the Rank, Promotion

Case Summary

F&R Date: 2012–12–17

The grievor re-enrolled in the Canadian Forces (CF) as a non-commissioned member (NCM) of the Reserve Force and was promoted to the rank of Sergeant (Sgt) in 2000, and to Warrant Officer (WO) in 2007. In 2010, he was commissioned in the rank of Lieutenant (Lt) under the Commissioning from the Ranks Plan (CFRP).

The issue before the Board was whether the grievor was entitled to additional qualifying time in the rank of Lt making him eligible for promotion to the rank of Captain (Capt) in 2011.

The grievor contended that Annex A, Serial 5, note 2(b) of the Canadian Forces Administrative Order (CFAO) 49-12 – Promotion Policy – Officers – Primary Reserves, applied to his case as an officer commissioned under CFRP. More specifically, he argued that his previous service in the ranks of Sgt and WO should have been taken into consideration and used to reduce his qualifying time in the rank of Lt needed for his promotion to Capt.

The Initial Authority (IA), the Commander of a Land Force Area, denied the grievance and found that, in accordance with CFAO 49-12, Annex A, Serial 4, the grievor would enter the promotion zone for the rank of Capt in 2012. The IA explained that by requiring just two years of qualifying time in the case of members commissioned under the CFRP rather than the normal three years, the Plan already reflected credit for previous service.

A subject matter expert (SME) opinion was sought from staff at the Director Military Career Policy and Grievance (DMCPG) regarding the applicability of CFAO 49-12, Annex A, Serials 4 and 5 to the grievor. The SME explained that members commissioned under the CFRP (Serial 4) had no qualifying time requirement for promotion to Lt because it was assumed that they already had the requisite qualification to be employed in their occupation. Further, CFAO 11-9, paragraph 7, states that “Nominees must belong to a MOC closely aligned with the officer MOC for which they are nominated”. Therefore, members receive recognition for having experience or educational qualifications in their area of occupation by being expedited to the rank of Lt prior to occupational qualification training, if and as required.

The SME explained that Serial 5, on the other hand, implies that the member has experience derived from service in the CF that is unrelated to the occupation sought. In such cases, the member will need to achieve the requisite occupational qualification and perhaps a degree. In fact, it is the lack of related experience or qualifications that separates these members from their CFRP counterparts. The member to whom Serial 5 applies can be credited for the time spent achieving the qualification through reducing the time required for promotion to Capt. For example, a member normally requires three years of qualifying service for promotion to Capt, however, that requirement can be reduced if he/she meets the criteria in note 2b – specifically, qualifying time spent as a senior NCM.

The Board agreed with the SME that Serial 5 does not apply to CFRP members. In addition the Board noted that CFAO 49-12, paragraph 18, indicates that seniority in rank “[…] may include additional periods granted on enrolment in or transfer to the Primary Reserve for former service in the Canadian Forces […]”.

Therefore, in the Board's view, Serial 5 applies only when members with former service in the CF are enrolled in or transferred to the Primary Reserve (P Res). This was not the case for the grievor. Therefore, the Board found that Serial 4 was correctly applied in the grievor's situation.

Finally, the Board observed that the applicable policy, CFAO 49-12, has been in effect since 1978 and is in need of updating. The Board was advised that CFAO 49-12 would be replaced by a new Defence Administrative Orders and Directives within the next year.

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

CDS Decision Summary

CDS Decision Date: 2013–06–26

The FA agreed with the Board's finding and recommendation that the grievance be denied.