# 2016-145 - Military Foreign Service Instruction (MFSI)

Case Summary

F&R Date: 2016–12–08

After having served a number of years with the British Armed Forces (BAF), including overseas missions, the grievor was enrolled in the Regular Force of the Canadian Armed Forces (CAF). He was then posted to the United States of America (USA), which gave him entitlement to level 1 of the Foreign Service Premium (FSP).

It was the grievor's view that he should have been entitled to FSP level 4, which would be more commensurate with his number of years of overseas service for both the BAF and the CAF. He contended that the Military Foreign Service Instruction (MFSI) did not define the terms “service” and “foreign service”, and there was no indication that they meant only CAF service. In addition, he pointed out that a key reason he was chosen to be posted to the USA was due to his previous BAF service overseas. He requested that his eligibility for FSP be reassessed to include his prior overseas BAF service.

The Director General Compensation and Benefits, acting as Initial Authority (IA), denied the grievance. He stated that the benefits within the MFSI were inextricably linked to enrollment within the CAF. The IA noted that the term “member” was defined as “an officer or non-commissioned member of the CF” and therefore the terms “service” and “foreign service” must equate only to that service provided by a CAF member.

The Committee reviewed the relevant portions of the MFSI and, while it did not expressly rule out foreign service with another country, its language was sufficient to conclude that only foreign service while a serving CAF member could be contemplated for the purpose of FSP. In addition, the Committee stated that the calculation of FSP points found in the MFSI makes clear that periods of foreign service must be completed by “members”, which is defined as a CAF member. As a result, the Committee found that the grievor was not entitled to a higher level of FSP, and received what he was entitled to.

FA Decision Summary

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