# 2012-131 - Promotion, Promotion Criteria, Reserve Force

Case Summary

F&R Date: 2012–12–28

The grievor's promotion to the rank of Captain was delayed by his brigade on the basis that he did not have the Army Junior Officer Staff Qualification (AJOSQ) as provided by a Canadian Forces Occupational Specification (CFOS) for infantry officers. The grievor contended that the completion of the AJOSQ was not a mandatory requirement and that he should have been promoted as he met all the criteria. The issue before the Board was whether the decision to defer his promotion was taken in accordance with the applicable policies and practices.

The Area Commander, acting as the initial authority, noted that the completion of the AJOSQ was not a requirement as per the policies and that it was not required in the other brigades under his command. However, he found that the brigade commander had the discretion to require a higher promotion standard and that the decision was equitable given that it was applied to all similar promotion recommendations within that brigade.

The Board examined the relevant promotion policies and noted that the CFOS was not in line with the current Canadian Forces Professional Development Framework. As such, although most army officers complete the AJOSQ prior to being promoted to the rank of Captain, the Board found that it is not a mandatory requirement. The Board further noted that the CFOS was not updated to reflect the changes found in the Canadian Forces Administrative Order 49-12, the Land Force Command Order 29-12 and the Defence Administrative Order and Directive 5031-8 which require the AJOSQ be completed for a promotion to the rank of Major. In practice, as recommended in CANFORGEN 153/06, most of the members complete the AJOSQ before being promoted to the rank of Captain. However, the current policies do not make it a requirement and therefore the Board found that it should not have been required by the brigade commander. The Board also made the point that it is the Area Commander's responsibility to ensure the uniform application of policies and found that the requirement of a higher standard within one brigade was unfair.

The Board recommended that the Chief of the Defence Staff (CDS) uphold the grievance. The Board recommended that the CDS grant a retroactive promotion to the rank of Captain and order that the grievor’s pay be adjusted accordingly.

As this case revealed that a brigade unjustly required a higher standard for promotion to the rank of Captain for all the infantry officers, the Board recommended that all similar files be reviewed so that retroactive seniority date and pay be granted, if necessary. The Board also recommended that the CDS direct a review of the CFOS to ensure a consistent application of the promotion requirements.

CDS Decision Summary

CDS Decision Date: 2013–11–27

The CDS agreed with the Board's findings and recommendation that the grievance be upheld. The CDS agreed with the Board's systemic recommendation all similar files where this brigade unjustly required a higher standard for promotion to the rank of Captain for the infantry officers, be reviewed so that retroactive seniority date and pay be granted, if necessary. The CDS also agreed with the Board's systemic recommendation that the Canadian Forces Occupational Specification for infantry officers be reviewed to ensure a consistent application of the promotion requirements.