# 2015-050 - Administrative Process Leading to Compulsory Releases, Administrative Review Process, Medical Employment...

Case Summary

F&R Date: 2015–10–09

The grievor was released under item 5(d) – not advantageously employable, for her failure to pass the threshold fitness testing during basic training. She contended that her failure was related to her long history of knee injuries and suggested that the Director Medical Policy (D Med Pol) should have reviewed her medical file prior to her release. She argued that she should have been released for medical reasons and that her career administrative review failed to consider all of her relevant medical information. As remedy she requested that all of her medical documents be reviewed by the D Med Pol and be taken into consideration in determining her item of release.

The Initial Authority, the Commander Canadian Forces Recruiting Group, denied the grievance on the basis that the grievor was twice assessed by local medical staff who had determined that she was not eligible for an item 3(b) - medical release.

At the request of the Committee, the D Med Pol reviewed the grievor's file and confirmed that at the time of her release, the grievor's medical employment limitations were at high risk of breaching the universality of service principle, and “were of a nature to impede her ability to successfully pass any military fitness testing …”.

Based on the available medical evidence and the subject matter expert opinion of the D Med Pol, the Committee found it more likely than not that the grievor was unable to pass the threshold fitness test because of her on-going and extensive knee issues. Therefore, the Committee recommended that the grievor's release item be amended from 5(d) to 3(b) - medical release.

CDS Decision Summary

CDS Decision Date: 2015–12–04

The CDS agreed with the Committee's findings and recommendation that the grievance be upheld. The CDS determined that the reason the grievor was unable to meet the CAF standards for fitness to be medically related. Therefore, the CDS concluded that the grievor's release item be changed to 3(b) — Medical.