# 2015-022 - Counselling and Probation (C&P), Promotion

Case Summary

F&R Date: 2015–04–30

The grievor, in his final year at the Royal Military College, was charged with the two criminal code offences of driving while impaired by alcohol and having a blood alcohol level in excess of the legal limit. After numerous delays, the grievor's Chain of Command in conjunction with the staff at Director Military Careers Administration (DMCA) determined to proceed with an Administrative Review (AR) following which the grievor was placed on Counselling and Probation (C&P) with a termination date three months beyond his graduation date. Consequently, the grievor's graduation and commissioning were delayed until the completion of his C&P.

Months later, the grievor received his commission script, which was supposed to have been amended to the end date of his C&P; but it still showed 1 May as his commissioning date. The redress sought by the grievor, is to have his commissioning backdated to the date shown on his “amended” commission script.

The Initial Authority found that being on C&P delayed the grievor's commissioning and the error on the commission script should be corrected.

The Committee reviewed the commissioning and promotion policy for Regular Force officers, found in Canadian Forces Administrative Order 11-6, and concluded that being on C&P precluded the grievor from graduating and being commissioned on 1 May as he was not “suitable in all respects for promotion.” The Committee also considered the Chief of the Defence Staff's (CDS) discretion to waive some aspects of promotion criteria, but determined that there were no unique or compelling reasons for the CDS to waive promotion criteria for this grievor. The Committee recommended that the grievance be denied and the grievor's commission script amended to reflect his actual commissioning date.

CDS Decision Summary

CDS Decision Date: 2015–06–29

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