# 2014-178 - Air Force Order 5006-17 Promotion Policy - Air Reserve, Promotion Criteria, Reserve Force

Air Force Order 5006-17 Promotion Policy - Air Reserve, Promotion Criteria, Reserve Force

Case Summary

F&R Date: 2015–03–31

The grievor's promotion to the rank of Corporal (Cpl) was delayed by the requirements of Air Force Order (AFO) 5006-17 – Promotion Policy – Air Reserve (Res)" He argued that he was disadvantaged by being in the Air element with regards to promotion. The grievor argued that having met the conditions for promotion to the rank of Cpl, notably the Qualification Level (QL) 1 and the time in rank (TIR) requirements, as defined in the Canadian Forces Administrative Order (CFAO) 49-5, he therefore should have been promoted.

The Royal Canadian Air Force Commander, acting as the Initial Authority, stated that the Air Force qualification standards were approved and implemented by the occupational managing authority and he denied the grievance having determined that the Air Res promotion policy was fair, reasonable and appropriately applied to the grievor.

The Committee determined that the grievor met both the TIR and QL qualifications to be eligible for promotion in accordance with CFAO 49-5, but there was no evidence on file that he met the other promotion conditions. The Committee found that the grievor should have been considered for promotion if he met all the conditions and requirements for promotion in accordance with CFAO 49-5.

The Committee, in considering if the grievor was disadvantaged by the Air Res promotion policy, found that the Air Res has implemented a promotion standard for Air Reservists which is inconsistent with CFAO 49-5.

The Committee recommended that the grievor's file be assessed for promotion to the rank of Cpl.

The Committee also recommended that the Chief of the Defence Staff direct a review of AFO 5006-17 to ensure it is consistent with CFAO 49-5, as well as a review of the files of other Air Reservists who may have been affected by AFO 5006-17 since its implementation.

CDS Decision Summary

CDS Decision Date: 2015–09–03

The FA did not agree with the Committee's findings and recommendations, including the systemic recommendations. The FA was of the opinion that CFAO 49-5 establishes the minimum criteria and although the requirements found in AFO 5006-17 for Air Res promotions to the rank of Capl are higher, it does not contravene the CFAO policy. In accordance with DAOD 1000-2, instruments can supplement and/or amplify policy and instruction and since the Comd Royal Air Force, who holds the authority to promote Reservists within his command, has the authority to publish supplemental orders outlining promotion criteria as long as he does not contravene a higher policy (here the CFAO). For the FA, requiring a QL 5 for the operationally functional point which requires 18 mths employment in the grievor's "purple" QL 3 trade, and while the CFAO does not require such criteria, is correct.

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