# 2014-065 - Counselling and Probation (C&P), Release - Conduct/Performance

Counselling and Probation (C&P), Release - Conduct/Performance

Case Summary

F&R Date: 2014–08–27

Having been released under item 5(f) – Unsuitable for further service, to the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces (item 5(f)), the grievor sought to be reinstated in the Canadian Armed Forces or to be compensated in lieu.

The Initial Authority (IA), the Director General Military Careers, denied the grievance finding that the decision to release the grievor under item 5(f) was both policy compliant and appropriate.

The Committee had to determine whether the grievor breached his Counselling and Probation (C&P) for alcohol misconduct and if so, whether the breach was sufficient to justify a compulsory release.

The Committee found that the grievor had breached the conditions of his C&P for a Conduct Deficiency Involving Alcohol (CDIA), when he was found guilty of being intoxicated in public, an offence under Ontario provincial law which also constitutes a CDIA under Defence Administrative Order and Directive 5019-7 (Alcohol Misconduct), during his monitoring period.

The Committee reviewed the grievor's entire career and found that, although he was known as a high performer, his short military career was marred by a significant number of conduct deficiencies, many of which involved alcohol. As a result, the Committee found that the grievor's release under item 5(f) was appropriate.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–07–08

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

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