# 2014-052 - Initial Counselling (IC), Remedial Measures
F&R Date: 2014–09–30
The grievor was issued an Initial Counselling (IC) and seven incidents were identified on the Statement of Deficiencies in which it was alleged that the grievor demonstrated continuous disregard for the Chain of Command. The grievor sought to have the IC removed from his file and that a finding be made as to the intent behind the issuance of the remedial measure.
The Initial Authority found that the IC was appropriate and accurate. He stated that the IC was not intended to deal with any singular incident, but rather it was intended to demonstrate the cumulative effect of the repetitive incidents of disregard for the proper etiquette of engaging his Commanding Officer in issues which were primarily within her scope of responsibilities.
The Committee had to determine if the IC received by the grievor was warranted and administered in accordance with the applicable policies
The Committee first found that the IC was not administered in accordance with the requirements set-out in the DAOD 5019-4. Remedial Measures The Committee then reviewed the seven reported incidents to determine if they justified the administration of a remedial measure for the “continued demonstration of disregard for the Chain of Command”.
In addition, the Committee found that:
• the reported incidents were isolated and very different in nature and when advised the grievor did not repeat the deficiency;
• the incidents do not support the allegation that the grievor demonstrated a continued disregard for the Chain of Command.
• the IC could be viewed as having a punitive purpose, thereby contravening the rehabilitative purpose of a remedial measure when combining the failures in administering the IC in accordance with the DAOD and the lack of evidence to support the reported deficiency.
The Committee recommended that the grievance be upheld and that the IC be removed from the grievor's file.
CDS Decision Summary
CDS Decision Date: 2015–05–22
The FA agreed with the Committee's findings and recommendation that the grievance be upheld and that the IC be removed from the grievor's file.
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