# 2016-012 - Subsidized Education Repayment

Case Summary

F&R Date: 2016–03–29

The grievor was asked to repay the costs incurred by the public for his subsidized studies over a two year period under the Regular Officer Training Program (ROTP). Having initially recognized his obligation to repay the costs upon his voluntary release from the CAF,he argued that his subsequent re-enrolment and service as a non-commissioned member (NCM) for over four years should be considered as partial repayment for his subsidized education in the ROTP. As redress, the grievor sought to stop making repayments and have his ongoing service as a NCM officially recognized as partial repayment.

The Initial Authority (IA) found that in accordance with Queen's Regulations and Orders for the Canadian Forces (QR&O) article 15.07, there were two acceptable methods for a CAF member to reimburse the Crown following subsidized education: continue to serve for a designated period of time or financially reimburse the costs to the public associated with the training. The IA noted that only the Minister was authorized to reduce the amount to be refunded and found it appropriate in the circumstances to write a letter to the Minister in support of the grievor's case. Given that the grievor re-enrolled within a few months of his release, the IA was of the opinion that the CAF and the public had received a return on investment by way of the grievor's NCM service.

The Committee found that the grievor had served more than the anticipated period of obligatory service that he would have owed and that he had only remained out of the CAF for approximately four months prior to his re-enrolment. As such, the Committee agreed with the IA that it was not only fair to consider that the grievor had provided the CAF with value comparable to his anticipated obligatory service requirement but it was unreasonable to require him to provide monetary refund.

In accordance with QR&O 15.07(5), the Committee recommended that CDS seek from the Minister the complete reduction of the grievor's debt owed to the Crown.

FA Decision Summary

The CDS agreed with the Committee's findings and recommendation that the Minister's authority be sought and grievor's debt be completely reduced.