# 2014-186 - Acting While So Employed, Component Transfer (CT), Promotion, University Training Plan Non-Commissioned...

Case Summary

F&R Date: 2015–07–31

After undergoing a component transfer from the Reserve Force to the Regular Force, the grievor attended university under the Regular Officer Training Plan (ROTP). Upon graduation, she was promoted to the rank of Captain, however, several months later she was reduced in rank to Lieutenant (Lt), after the discovery of administrative errors regarding her correct rank following graduation. The grievor argued that her previous qualifying reserve service were not properly assessed and that the University Training Plan Non-Commissioned Members (UTPNCM) or the Commissioning from the Ranks Plan (CFRP) were more suitable entry plans for her situation than the ROTP. The grievor requested the reinstatement of her substantive rank of Captain backdated to the date of her university graduation or, in the alternative, an Acting While So Employed (AWSE) rank until she entered the Captain promotion zone.

The Initial Authority (IA) denied redress and found that the ROTP was the appropriate plan for the grievor, and that her prior service had been recognized in the rate of pay she was given upon transfer. The IA also found that the grievor should have been a Second Lieutenant upon graduation and directed further corrective action in this regard.

The Committee reviewed the subsidized education training plans and agreed with the grievor that the UTPNCM was the more suitable plan to recognize her significant previous Reserve Force service. The Committee noted that the Chief of the Defence Staff had also directed this change in entry plans in several previous files of a similar nature.

The Committee found that it was unfair to not recognize the grievor's service at a higher rank despite the administrative error. The Committee also found that she had been employed, in large part, in Captain positions since graduating from university.

The Committee recommended that the grievor be treated similar to others under the UTPNCM and be promoted to Lt upon graduation from university. The Committee further recommended that acting rank be granted for the period of service that the grievor actually wore the rank of Captain, and that AWSE be granted for the periods during which the grievor was filling a Captain position and fulfilling the duties of the position.

CDS Decision Summary

CDS Decision Date: 2016–02–15

The CDS partially agreed with the Committee's findings and recommendations. The CDS agreed with the Committee's finding that the grievor should have been commissioned in rank of 2Lt with immediate promotion to Lt upon graduation under the UTPNCM. The CDS did not agree with the Committee's recommendation that the requirements for an AWSE promotion to Captain be waived for the period in question: although the grievor's previous experience and skills were notable and certainly have contributed to his early success as a junior officer in his occupation, it is not sufficient. However, given the very unique circumstances of the grievor's case and in recognition of not only his stellar performance, but also the recommendation in the PER for an immediate promotion citing that he is an ideal candidate for an accelerated promotion, the CDS decided to promote him to Capt (substantive) effective earlier.