# 2016-032 - Commissioned From the Rank

Commissioned From the Rank

Case Summary

F&R Date: 2016–03–18

The grievor argued that it was unfair and discriminatory to be excluded, as a commissioned from the ranks (CFR) officer, from the 2015 Initial Baccalaureate Degree Programme (IBDP) competition. The grievor maintained that while Defence Administrative Order and Directive (DAOD) 5031-7 did not preclude CFR officers, Canadian Forces General Message (CANFORGEN) 035/15 did and it was unjust for the Chief of Military Personnel (CMP) to impose restrictions that were not reflected in the DAOD. The grievor submitted that she met the eligibility criteria set out in DAOD 5031-7 and sought the opportunity to be considered for the IBDP 2015 competition regardless of her commissioning plan.

The initial authority (IA) determined that CANFORGEN 035/15 was consistent with DAOD 5031-7. The IA found that the DAOD did not require IBDP competitions to be open to all officers but allowed for them to be limited to officers commissioned under certain plans. As such, the IA found that the IBDP 2015 competition was policy compliant and denied the grievor's requested redress.

The Committee found that the DAOD's eligibility criteria did not exclude CFR officers from applying for the IBDP. Instead, they allowed CFR applications to be considered if there was a service requirement. The Committee found it was within the discretion of the Canadian Armed Forces (CAF) to set goals, priorities and limits for its programs in accordance with its service requirements from year to year. Accordingly, the Committee determined that the decision to exclude the grievor, as a CFR officer, from the IBDP 2015 competition was reasonable and within the CAF's fundamental management right. Therefore, the Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2016–06–09

The FA agreed with the Committee's findings and recommendation that the grievance be denied.

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