# 2014-136 - Careers, Reversion in rank

Case Summary

F&R Date: 2015–04–08

The grievor submitted that her reversion in rank was unfair and unjust and failed to take into consideration all of the relevant circumstances. She acknowledged having failed her training qualification course, but argued that Canadian Forces Administrative Order (CFAO) 49-4 did not dictate an absolute requirement for reversion upon course failure and her Commanding Officer (CO) had not initiated a reversion request.

The Initial Authority (IA) found that, in accordance with Annex C, subparagraph 14(a) of CFAO 49-4, the Director Military Careers was authorized to revert rank for members who failed to qualify on the first attempt to attain a required qualification. The IA concluded that the decision to revert the grievor's rank was correct and consistent with CFAO 49-4.

The Committee found that the decision to revert the grievor's rank was taken without authority based on the following:

1) The grievor was reverted in rank for inefficiency, pursuant to Queen's Regulations & Orders article 11.10, due to her course failure. As such, there was a regulatory requirement for the reversion to be initiated by the grievor's CO that had not been followed;

2) The decision to revert the grievor was discretionary and could only be made following an Administrative Review of all relevant facts, conducted in accordance with Defence Administrative Order and Direction 5019-2. In the Committee's view, the review had not included a proper review of all of the relevant facts;

3) The Career Manager had substituted his own recommendation for reversion, rather than obtaining the CO's as required, and had based it on reasons that were unsubstantiated and oversimplified.

The Committee recommended that the decision to revert the grievor's rank be rendered null and void and that the grievor's rank be reinstated.

CDS Decision Summary

CDS Decision Date: 2015–08–31

The FA did not agree with the Committee's findings and recommendation that the decision to revert the grievor's rank be declared null and void and that her rank be reinstated. The FA found that the grievor was treated fairly in accordance with the rules, regulations and policies. While Annex Fof CFAO 49-4 states that a reversion or occupational transfer must be initiated by the member's CO, the DAOD 5019-2 refers to other individuals, including CM, who may recommend an administrative review in respect of a member's training failure. Although the appropriate notification of the grievor's course failure did not ocur, the CM recommended rank reversion which was in turn approved by A/D Mil C, based in documented evidence, in accordance with the authority granted to him.