# 2015-046 - Component Transfer (CT), Entry into the Promotion Zone

Component Transfer (CT), Entry into the Promotion Zone

Case Summary

F&R Date: 2015–07–10

The grievor, a non-commissioned member (NCM) in the Reserve Force (Res F), transferred to the Regular Force (Reg F) under the Special Commissioning Plan (SCP) as a specialist officer and was promoted to Sub-Lieutenant (SLt) the following day. The grievor argued that her Enter Promotion Zone (EPZ) date to Lieutenant (Navy) should be after two years as a SLt and provided an e-mail chain, which included a policy interpretation from the Director Military Careers Policy and Grievances (DMCPG) 3, to support her argument. The DMCPG 3's interpretation was based on a Chief of the Defence Staff (CDS) level decision in another grievance and indicated that all SCP officers should be promoted to Lt(N)/Captain after two years. After reviewing the case, DMCPG 5 responded that the grievor was a specialist officer and therefore was governed by Appendix 1 to Annex B of Canadian Forces Administrative Order (CFAO) 11-6 which required a minimum of three years in rank prior to promotion.

The Initial Authority (IA) referred to another grievance where the CDS determined that the Direct Entry Officer (DEO) plan was the appropriate mechanism by which reservists with degrees should be transferred to the Reg F, and directed the grievor's transfer instruction be amended to reflect DEO as her entry plan. The IA also explained that the SCP officer that was the subject of the grievance referred to in the DMCPG 3 e-mail was a general service officer, and therefore, the interpretation did not apply to the grievor, since she was a specialist officer.

The Committee found that the grievor was excluded from the transferring to the Reg F under the SCP since that plan was only open to Reg F NCMs. Consequently, the Committee found that the grievor should have been enrolled as a DEO since the enrolment criteria for that plan provides for members with current or former service. Finally, the Committee found that the promotion policy for specialist officers was clear and the grievor's EPZ date should be after three years as a SLt, in accordance with serial six of Appendix one to Annex B of CFAO 11-6.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–09–28

The FA agreed with the Committee's recommendation that the grievor's ETP instruction be amended to adjust her pay level on transfer as per CBI 204.211 (9)(a)(ii), and that her pay be adjusted accordingly. With respect to the issue relating to the grievor's EPZ date, the FA agreed with the Committee's recommendation that the grievance be denied.

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