# 2015-066 Releases, Post-Traumatic Stress Disorder, Release - Compulsory, Sexual misconduct

Case summary

F&R Date: 2015-09-30

The grievor objected to being recommended by his commanding officer (CO) for release under item 2(a) for drug use and a conviction for possession of child pornography. The grievor was diagnosed with post-traumatic stress disorder (PTSD) / Operational stress injuries (OSI) from 2008 in Afghanistan and argued that his misbehavior was due to his medical issues. He requested that the Final Authority (FA) consult with the Canadian Armed Forces medical system regarding his OSI.

At the time of the grievance submission, there was not yet an administrative review (AR) result from the Director Military Career Administration (DMCA). However, the DMCA has now decided to release the grievor under item 2a.

The Initial Authority denied redress, indicating that the grievor's actions merited the item 2a release, notwithstanding the grievor's PTSD/OSI.

The Committee obtained copy of the AR file and noted that it contained a subject-matter expert opinion from the Director of Medical Policy indicating a degree of causal link between grievor's PTSD/OSI and his misconduct. The Committee found that the CO was required to make a recommendation as part of the AR process and that the grievor was not treated unjustly by the CO's action in recommending his 2a release.

The Committee recommended that the grievance be denied

FA decision summary

The grievance was resolved informally.