# 2014-207 - Release - Compulsory

Release - Compulsory

Case Summary

F&R Date: 2015–02–17

After having been declared “non-effective strength (NES)” a number of times, the grievor was released from the Canadian Armed Forces (CAF) under item 5(f). He alleged that numerous constraints associated with the requirements of his civilian job and his university courses prevented him from actively pursuing his military training and completing his occupation qualification course between 2004 and 2012. He also claimed that health problems, which he associated with a military exercise, had caused him a great deal of distress in his professional life and had led to changes in his behaviour and his motivation and interest level. He maintained that the release item was chosen deliberately so that he would not be able to receive severance pay. The grievor requested the cancellation of his release under item 5(f) and the opportunity to consult with a military mental health specialist; he also requested to be reimbursed for the legal fees associated with his grievance.

The Initial Authority (IA) considered that the grievor was unable to correct his poor attendance, a shortcoming that he demonstrated on a number of occasions. The IA was therefore unwilling to grant the grievor another chance by cancelling his release. In addition, the IA explained that the problems that the grievor was accused of were within his control, and that therefore a release under item 5(f) seemed most appropriate under the circumstances. The IA explained that he was not able to establish a link between the grievor's health problems and his military service based on the documents contained in the grievance file. Finally, the IA explained that the regulations in effect set out that a grievor has no entitlement to legal advisory services or representation to help them formulate their grievances.

The Committee determined that the grievor had demonstrated a lack of interest and motivation as well as poor attendance throughout his CAF career. It therefore found that the grievor's release was justified and that, in accordance with the policies concerning NES declarations, the release item 5(f) was appropriate. As such, the Committee was satisfied that the release item was chosen to precisely reflect the circumstances of the grievor's release, in keeping with the applicable policies.

The Committee agreed with the IA that it could not, based on the evidence presented, establish a link between the grievor's health problems and his lack of motivation. The Committee was unable to support the grievor's request to consult a military mental health specialist. Finally, the Committee found that the grievor could not be reimbursed for the legal fees associated with his grievance.

The Committee therefore recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2015–05–25

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

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