# 2014-132 - Promotion, Re-Enrollment, Selection Board

Promotion, Re-Enrollment, Selection Board

Case Summary

F&R Date: 2015–02–26

The grievor enrolled in the Regular Force (Reg F) in 1980, and was promoted to the rank of Sergeant substantive in 1995. In 1999, his rank changed to Petty Officer 2nd Class (PO2). In 2001, he transferred to the Supplementary Reserve Force (Supp Res) and, in 2002, was promoted to the rank of Petty Officer 1st Class (PO1) “while so employed” (WSE).

The grievor transferred back to the Reg F in 2012 and was re-enrolled in his substantive rank of PO2. He filed a grievance contesting his rank on re-enrollment and stating that he had been told that he could have been considered for re-enrollment at the rank of PO1 had he completed the Intermediate Leadership Qualification (ILQ) course. He complained that he had requested the ILQ course while he was in the Supp Res but was unfairly denied compared to other members in the Supp Res.

Lastly, the grievor raised an issue with his merit ranking at the time of his re-enrollment. He explained that he was incorrectly assessed in his 2009/2010 PER as a PO1, although his substantive rank was PO2.

As the Initial Authority (IA), the Commander Canadian Forces Recruiting Group denied the grievance, finding that the grievor was granted the appropriate rank on re-enrollment. The IA also explained that the grievor's request to attend the ILQ course while serving with the Cadet Organizations Administration and Training Services (COATS) was not supported because the ILQ is considered leadership training required for career advancement and therefore not applicable to the grievor while serving with COATS. Finally, the IA confirmed that the 2009/2010 PER was revised following the submission of the grievance and he considered that the matter was dealt with.

The Committee first observed that, pursuant to Canadian Forces Military Personnel Instruction 20/04, paragraph 4.13 (a.)(3), since an A/WSE promotion is only for the duration of current Reserve Service in the same position, the grievor would have reverted to his substantive rank upon completion of his Class B Service. The Committee also noted pursuant to Canadian Forces General Message 002/11, that the grievor would have been granted a PO1 rank on re-enrollment only if his substantive rank in the Reg F had been PO1. Since the grievor did not achieve the substantive rank of PO1, even if he had held the ILQ qualification upon his re-enrollment, he would not have been re-enrolled in the rank of PO1. The Committee found that the grievor was granted the appropriate rank on re-enrollment.

The Committee also observed that the grievor was not eligible to attend the ILQ course while he was in the Supp Res as this course is primarily for members in the Reg F who require it for their career progression. There is in fact a long waiting list to attend it. In answer to the grievor's assertion that others in COATS took courses, the Committee found that the courses attended by those members were pertinent to their current position and considered occupational knowledge or requirement to perform their daily duties.

The Committee noted that although the 2009/2010 PER had been revised, it was unclear whether the revised PER had been reviewed secretarially for possible consideration by a Supplementary Board. The Director Military Careers Support Services was consulted and confirmed that no such review was conduted. Accordingly, the Committee recommended that the Career Manager be directed to conduct a secretarial review of the grievor's PER file to determine whether there was a requirement for consideration by a Supplementary Board. The Committee recommended that the remainder of the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–06–30

The FA agreed with the Committee's findings and recommendations, and the grievance was denied.

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