# 2013-106 - Component Transfer (CT), Promotion, Reserve Force

Case Summary

F&R Date: 2014–03–12

The grievor enrolled under the Continuing Education Officer Training Plan with an offer indicating that he would be promoted to Second Lieutenant (2Lt) on completion of occupational training. The grievor was unsuccessful on the final course required to be occupationally qualified and subsequently component transferred to the Reserve Force (Res F) in the same occupation. As he was considered fully qualified in his Res F occupation, he was promoted to 2Lt two months after his transfer and to Lieutenant (Lt) the following day. The grievor entered the promotion zone (EPZ) to Captain (Capt) three years later and was ultimately promoted to Capt three months after his EPZ date.

The grievor felt that he should have been commissioned and promoted to 2Lt on the date that he graduated university while still in the Regular Force (Reg F). Alternately, he sought a promotion to 2Lt with simultaneous promotions to Lt and Capt upon the date of his component transfer to the Res F.

The grievor's Commanding Officer (CO) acted as the Initial Authority but lacked the authority to grant the redress sought. The CO did, however, agree that the grievor should have been promoted to 2Lt on transfer to the Res F.

The Committee first found that Canadian Forces Administrative Order (CFAO) 11-6, which provides the guiding policy on the promotion of Reg F officers, did not support the grievor's commissioning and promotion prior to his becoming qualified in his occupation. Next, based on serial 13 of the table at Appendix 3 to Annex A of CFAO 49-10, the policy governing rank on enrollment for officers in the Res F, the Committee determined that the grievor should have been promoted to the rank of 2 Lt on the date of his transfer since he was considered occupationally qualified in the Res F. Regarding his promotion to Lt, the Committee reviewed CFAO 49-12, the policy on promotion for officers in the Res F, and determined that Serial 7 of the table at Annex A applied to the grievor since he did not fit into any other category. Under serial 7, the grievor could be promoted to Lt once he attained his occupation qualification, which he had on the date of his transfer. Therefore, the Committee found that he should have been promoted simultaneously to LT upon his component transfer.

Finally, concerning his promotion to Capt, the grievor believed that his service in the Reg F as an Officer Cadet constituted former service under Serial 5 of Annex A to CFAO 49-12. However, the Committee found that his service, first in the Reg F and then in the Res F, was continuous and, therefore, that Serial 5 of Annex A to CFAO 49-12 did not apply to him.

Accordingly, the Committee determined that the grievor's EPZ to Capt should be three years after his promotion to Lt, on the date of his component transfer, in accordance with Serial 7 of Annex A to CFAO 49-12. After confirming with the grievor's former CO that there was a Capt position available at the time and that he would have supported the promotion, the Committee found that the grievor should be promoted to Capt effective the date of his corrected EPZ. Therefore, the Committee recommended that the grievance be upheld and that redress be partially granted by backdating the grievor's promotion to Lt to the date of his component transfer and by backdating his promotion to Capt effective his corrected EPZ to Capt.

CDS Decision Summary

CDS Decision Date: 2014–06–18

The Final Authority agreed with the Committee's findings and recommendation and directed that the grievor's promotion to Lt be backdated to the date of his component transfer and his promotion to Capt be backdated to the corrected EPZ. The Final Authority also ordered the necessary adjustments to the grievor's pay record.