# 2015-057 Releases, Release - Compulsory, Sexual misconduct

Case summary

F&R Date: 2015-09-17

The grievor, a Cadet Organizations Administration and Training Service officer, was convicted for child pornography and sentenced to 90 days in prison. The Director Military Career Administration’s administrative review (AR) determined that an item 2(a) release was appropriate. The grievor also had a concurrent AR / Medical employment limitations that determined that he would have been released 3b if not for his compulsory release. The grievor did not object to being released but he suggested that he should get an item 3(b) release.

The Initial Authority (IA), Director General Military Careers, found that the grievor was correctly released under item 2(a) and annotated "disabled". The IA denied the grievance.

The Committee noted that the grievor did not initially object to the item 2(a) release and that he acknowledged his guilt. Thus, his argument was simply that he felt it would be fair to release him under item 3(b) since he no longer met the Universality of Service (UofS). The Committee referred to Canadian Forces Administrative Order 15-2, noting that the Canadian Armed Forces has the authority and the obligation to select the most appropriate release item [the prime reason for the release] for the grievor. The Committee found that in light of the uncontested facts and the policy, the item 2(a) release was an appropriate decision and recommended that the grievance be denied.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation that the grievance be denied.