# 2013-101 - Release - Compulsory

Case Summary

F&R Date: 2014–03–12

The grievor was released from the Canadian Armed Forces (CAF) for failing his Basic Military Officer Qualification – Land course twice, and for conduct prejudicial to good order and discipline.

The grievor acknowledged having failed the course twice, but he claims that the reason for his second failure was an exceptional personal situation. He made it clear that he has never had an absence without leave, ethical problem or poor conduct, and he has demonstrated leadership and management skills. He feels that if the CAF gave him the opportunity to take the course again, he would be able to succeed. Failing that, he asked if it might be possible for him to serve as a non-commissioned member.

The Initial Authority (IA) denied the grievance, explaining to the grievor that he had demonstrated “significant” difficulty the entire time he was taking the course, and that he had shown little improvement between the two courses. Moreover, the IA indicated that the grievor's performance, which was well below average, gave him reason to believe that he did not have the necessary ability to become either an officer or a non-commissioned member of the CAF.

The Committee had to determine whether the decision to release the grievor was justified and in accordance with the applicable policy. From the information in the file, particularly in the course reports, the Committee noted that the Grievor had had considerable difficulty with leadership and his basic officer and soldier skills. The Committee was of the opinion that the grievor had had to retake examinations on a number of occasions and yet remained unable to achieve the required standard. Not only did he have difficulty in demonstrating the required officer qualities, but also in meeting basic military service expectations. The Committee furthermore noted that the grievor had demonstrated conduct prejudicial to good order and discipline. The Committee concurred with the IA that the Grievor's performance demonstrates that he lacks the necessary abilities to become an officer or a non-commissioned member of the CAF.

The Committee therefore found that the decision to release the grievor under Item 5 (d) – Service Completed, was justified. Accordingly, it recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2014–07–29

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.