# 2014-092 - Administrative Review, Component Transfer, Medical Employment Limitation (MEL), Medical Record, Release...

Administrative Review, Component Transfer, Medical Employment Limitation (MEL), Medical Record, Release - Voluntary

Case Summary

F&R Date: 2014–12–08

After having won a selection process, the grievor requested a voluntary release from the Regular force (Reg F) in order to component transfer to the Cadet Organizations Administration and Training Service (COATS). His request was approved. However, on the eve of his transfer, the grievor underwent a medical exam for release and was informed that he was suffering from a chronic medical condition which would likely lead to the assignment of permanent Medical Employment Limitations (MELs) in breach of the Universality of Service principle. The grievor's physician asked the Director Medical Policy (D Med Pol) to stop the voluntary release process until the grievor underwent further evaluation. The D Med Pol indicated that he did not have the authority to cancel a voluntary release. A request to cancel the voluntary release was submitted by the grievor's chain of command, but was not supported by his career manager.

An Administrative Review was conducted and it was determined that the most appropriate item of release from the Reg F was 4(a) – Voluntary - of the Table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces, annotated with the mention “disabled”. As the grievor was assigned a permanent medical category, which was below the minimum medical standards required for the COATS, and although he had been effectively component transferred, he was never authorized a period of Reserve service with the COATS. He was eventually released from the Canadian Armed Forces (CAF).

The grievor disputed the fact that, once he was informed that he was suffering from a medical condition that could possibly change his release item to 3 (b) – Medical, he was not allowed to delay or cancel his voluntary release.

The Initial Authority (IA), the Director General Military Careers, denied the grievance. He found that the career manager's decision to deny the grievor's request to cancel his voluntary release was justified, based on the fact that the occupation was above the Preferred Manning Level (PML) at the time.

The Committee had to determine if the decision to release the grievor from the Reg F under item 4(a) was appropriate and in accordance with the applicable policies.

The Committee first indicated that the relevant issue was the grievor's medical condition and not the PML. The Committee found that the grievor ought to have been released under item 3(b) as his situation felt squarely within the parameters of paragraph 3 of Annex A to the Canadian Forces Administrative Order 15-2, Release Administration. His circumstances clearly changed during the processing of his voluntary release, his medical condition was discovered before he was released and the medical condition for which he was assigned a permanent category was the same for which he was assigned a temporary category in the past.

Finally, the Committee noted that a release under item 3(b) would have generated a six-month notice prior to release. Most importantly, it would have triggered access to a series of transition services not otherwise available to the grievor.

The Committee recommended that the grievor's release item be changed to 3(b), that he be afforded additional remedies, in order to mitigate the consequences of his improper release. At a minimum, the grievor should be compensated, financially or otherwise, for the normal six-month notice he would have received prior to being medically released, for the services that would have been available to him, taking note that some of those services may still be available to the grievor and, for any other benefits he would have been entitled to.

CDS Decision Summary

CDS Decision Date: 2015–07–08

The CDS agreed with the Committee,s findings and recommendation that the grievor's release item be changed to 3(b). As for additional remedies, the CDS directed that DCSM conduct a review and initiate the appropriate transitional services to assist the grievor's reintegration into civilian life exclusive of reenrolment in the CAF.

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