# 2013-035 Careers, Overpayment, Pilot's Backdated Promotions to Captain, Promotion, Recovery of Overpayment/Debt Write-Off

Case Summary

F&R Date: 2013–06–25

The grievor was denied a backdated promotion to Captain (Capt) General Service Officer (GSO) after obtaining his pilot Wings Standard in June 2011, nearly five years after his enrolment. He reported that he had never failed or postponed any training, but that Canadian Forces training delays made obtaining Wings Standard a very lengthy process. The grievor contended that the excessive time required to complete his pilot training delayed his career progression and led to loss of pay as a Capt. As redress, he requested promotion to Capt GSO, retroactive to three years after the date of his commissioning.

Although the Initial Authority, the Director General Military Careers (DGMC), acknowledged the excessive time required for pilots to complete their occupational training to Wings Standard, he found that the grievor was ineligible for a backdated promotion because he did not meet the promotion prerequisite of being occupationally qualified until the date he obtained Wings Standard.

The Committee noted that, up until October 2009, the Chief of the Defence Staff (CDS) had been exercising his authority under Queen's Regulations &Orders for the Canadian Forces, paragraph 11.2(2), to retroactively promote pilots to Capt GSO once they became occupationally qualified. However, the practice was ceased by DGMC in 2009 because it was not in accordance with the applicable promotion policy found under Canadian Forces Administrative Order 11-6, paragraph 17(f)

A recent CDS decision [Committee File 2011-128] on the same issue further explained that a promotion to Capt is meant to be a clear indication that an officer is fully trained and capable. As a consequence, the CDS agreed with the DGMC that the previous practice of granting retroactive Capt promotions to pilots was flawed. However, the CDS proposed a partial solution to the problem, suggesting that, for pilots, promotion to Lieutenant (Lt) should be based on achieving a minimum standard of qualification which the CDS defined as being upon completion of Phase II. The proposal results in pilots being promoted to Lt prior to obtaining their Wings Standard, and removes the retroactive aspect of the promotion, thereby addressing the unintended negative financial consequences for some pilots of backdating their Lt promotions to one year after commissioning. The Committee found that the grievor would benefit from the application of the CDS' proposal to his case as a means of providing partial redress and so recommended.

The Committee also urged the CDS, in the interests of justice, to swiftly make the necessary policy changes and to have them promulgated expeditiously, so that pilots will no longer be unfairly disadvantaged.

The Committee recommended that the CDS partially uphold the grievance by promoting the grievor to Lt upon completion of Phase II and adjusting his pay accordingly as the CDS has directed in the recent decision. The Committee did not support the grievor's request for retroactive promotion to Capt GSO.

CDS Decision Summary

CDS Decision Date: 2014–03–13

The CDS agreed with the Committee's findings and recommendations that the grievance be partially upheld and also, confirmed that a policy review was under way.