# 2016-131 - Release - Medical

Case Summary

F&R Date: 2016–10–18

The grievor, a member of the Reserve Force, was assigned Medical Employment Limitations (MEL) because of a chronic medical condition that was deemed to be at high risk of not complying with the principle of Universality of Service (U of S), leading to the decision to medically release him from Canadian Armed Forces (CAF). The grievor was granted a period of accommodation prior to his release taking effect. The grievor is contesting the decision to medically release him from the CAF based on his civilian psychologist's assessment that he no longer meets the diagnostic criteria for Post-Traumatic Stress Disorder (PTSD) or Major Depressive Disorder (MDD). Accordingly, the grievor submits that he is no longer in breach of the U of S.

The Initial Authority (IA) denied the grievance, concluding that the grievor was treated fairly in accordance with the applicable policy. However, the IA reminded the grievor to ensure that all medical information is placed on his medical file, through his CAF physician, and that if new information justifies a review of the assigned MEL, his file and the release decision will be reviewed as required.

The Committee's found that until such time as a new CF 2088 form (Notification of Change of Medical Employment Limitations) is initiated by the grievor's CAF physician and approved by the Director Medical Policy, the MEL currently assigned to the grievor remain valid and a medical release is warranted.

The Committee recommended that the Final Authority denies the grievance, but ensures the ongoing process to review new medical evidence is completed prior to the grievor's scheduled release.

FA Decision Summary

There is no Final Authority decision as the grievor withdrew the grievance.