# 2014-096 - Administrative Review, Counselling and Probation (C&P), Release - Conduct/Performance

Case Summary

F&R Date: 2014–09–30

As a result of an Administrative Review (AR), the grievor was released under item 5(f) of the Table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces, Unsuitable for Further Service. The grievor challenged the release decision indicating that a more appropriate action would have been to award him a further and longer period of Counselling and Probation (C&P). The grievor had previously been issued two C&P: one for Misconduct and the second one for Alcohol Misconduct, both for a period of six months.

The Committee had to determine if the decision to release the grievor under item 5(f) was appropriate.

The Initial Authority (IA) agreed with the AR decision and denied the grievance. The IA explained that the grievor breached the terms of his first C&P for Misconduct when he lied to his Commanding Officer and when he disobeyed the order not to wear his uniform downtown. The IA also believed that the grievor breached the terms of the second C&P he received for Alcohol Misconduct when he was detained under the Detention of Intoxicated Persons Act.

The Committee reviewed the guiding policy on Remedial Measures, Defence Administrative Orders and Directives (DAOD) 5019-4 and determined that the grievor was not in breach of the terms and conditions of either C&P because the monitoring period was already completed when the incidents that caused the AR happened. The Committee noted that the DAOD 5019-4 provides that an AR or other administrative action may be initiated if a member repeats a deficiency after the monitoring period which was the case with the grievor. The Committee found that the grievor had been made aware that future misconduct could result in an administrative action including release. The Committee also agreed that the grievor's actions were not compatible with the needs of the Canadian Armed Forces (CAF). Finally, the Committee determined that the grievor's actions were within his control and that his conduct seriously impaired his usefulness to the CAF, therefore finding that the AR decision to release the grievor under item 5(f) was appropriate.

CDS Decision Summary

CDS Decision Date: 2015–04–10

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