# 2013-011 Pay and Benefits, Education Reimbursement - Primary Reserve, Exception, Reserve Force

Education Reimbursement - Primary Reserve, Exception, Reserve Force

Case Summary

F&R Date: 2013–03–28

Upon being informed by her unit Commanding Officer (CO) that she might be eligible to claim reimbursement of the education expenses she incurred while serving in the military, the grievor, a Reservist attending university, submitted her education reimbursement claims covering three academic years. Unfortunately, her original submission was lost and she had to re-submit her claims, explaining why they were now being submitted late. The grievor's claims were split in two because she had served in two different units during the three years for which she was seeking reimbursement. A submission, covering two of the academic years, was received and considered by the Exception Board, which determined that the grievor's circumstances were sufficient to justify the approval of the now late submission and so authorized the grievor's reimbursement. However, the grievor was also informed by the Exception Board staff that there was no record of her claim for the third academic year and that she was required to again re-submit, which she did. The Exception Board then considered and denied the grievor's last claim on the basis that the statutory limit of one year had been exceeded.

The Board had to determine whether the grievor should be reimbursed the education fees for her third academic year. The Board noted that the grievor's CO had reviewed her original three-year reimbursement submission and that he had indicated that he was satisfied that it met the conditions set out in article 210.801 of the Compensation and Benefits Instructions for the Canadian Forces (CBI). The Board further noted that the Exception Board had accepted the grievor's assertion that her original submission was within the applicable CBI timelines. Accordingly, the Board found that, before it was lost, the claim for the third academic year was initially submitted within the timelines found in article 210.801(7) of the CBI and article 203.05 of the Queen's Regulations and Orders for the Canadian Forces.

Based on the existence of a DND 728 (Document Transit and Receipt), signed by a staff member of the Exception Board Secretariat, the Board concluded that the Exception Board had in fact received the grievor's education reimbursement claim for her third academic year in time to be considered along with the other two academic years, which the Exception Board approved. In the Board's view, had the grievor's claim for the third academic year been included with the other two claims, as it could and should have been, it would have been processed and granted by the Exception Board for the same reasons.

As a result, the Board recommended that the Chief of the Defence Staff uphold the grievance and that the grievor's eligible educational expenses for her third academic year be reimbursed in accordance with article 210.801 of the CBI.

CDS Decision Summary

CDS Decision Date: 2013–09–26

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

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