# 2014-064 - Release - Compulsory

Release - Compulsory

Case Summary

F&R Date: 2015–01–30

The grievor, a member of the Reg Force since 16 September 2009, challenged his Commanding Officer's (CO) recommendation dated 15 November 2012 that he be compulsorily released from the Canadian Armed Forces (CAF). The grievor argued that the CO used previous remedial measures (RM), which the grievor considered to be invalid, as justification for his recommendation for release. He also contended that he was subjected to harassment and suffered from a medical condition, both of which affected his mental health and that the CO had ignored this information in his decision to proceed with the release recommendation.

The IA found that despite any procedural errors in the RM, the grievor had been given ample opportunity over a number of years to correct his unacceptable behaviour, all of which was under his control. Furthermore, the IA found that the grievor had not provided any medical evidence to show that his conduct and performance issues were the result of a medical condition.

The Committee noted that the RM had not been grieved at the time they were issued and therefore were not before the Committee. The Committee only examined the issue of the CO's recommendation for release. Nonetheless, the Committee noted that the RM had been successful in helping the grievor overcome his deficiencies, at least in the short term, as he successfully completed each monitoring period.

On the issue of the recommendation for release, the Committee found that the CO had appropriately weighed the evidence before him and put forth a reasonable recommendation. The Committee noted that the CO's recommendation would prompt a comprehensive administrative review process where the grievor would have the opportunity to argue his case since the CO would not be the decision-maker as to whether or not the grievor was ultimately released.

The Committee recommended the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–04–21

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

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