# 2017-034 Careers, Compulsory Occupational Transfer, Entry into the Promotion Zone, Medical Employment Limitation

Case Summary

F&R Date: 2017–07–31

The grievor contested the date of his Entry into Promotion Zone (EPZ) for the rank of Lieutenant Navy (Lt(N)), after he completed a Compulsory Occupational Transfer (COT).

The grievor enrolled in the Canadian Armed Forces (CAF) with a colour vision (CV) category of CV2, and was assigned to an occupation requiring a category of CV2. Subsequently, it became apparent during basic occupational training that the grievor's CV was impacting his ability to work. As a result, he was transferred to another occupation and his EPZ date to Lt(N) was amended based on the date of his COT.

The grievor disputed the new EPZ date, arguing that the CAF was aware of his CV limitation at the time of his enrolment and should not have placed him in an occupation where he could not succeed.

The Initial Authority (IA), the Director General Military Careers, denied redress, finding that the grievor was appropriately enrolled in his initial occupation with the required CV rating. The IA noted that had the grievor been more forthcoming about his CV limitations, he would probably have been assigned to a different occupation with a different CV rating.

The IA found that policy requires an EPZ date to reflect rank seniority within one's current occupation and that the EPZ date must be adjusted if a member changes occupations. As a result, the IA found that it was appropriate to amend the grievor's EPZ date to Lt(N) upon transfer to his new occupation.

The Committee determined that the grievor was issued a category of CV2 on enrolment in accordance with policy. Although the CAF noted at the time that the grievor may have difficulty distinguishing certain colours, he met the enrolment standard and no further testing was required. The Committee also found that the grievor met the CV factor for his occupation at the time of recruiting and that there was no failure on the part of the CAF during the enrolment medical screening process.

Regarding the EPZ date, the Committee agreed with the IA's interpretation of the CAF policy

The Committee found that the date of the grievor's EPZ to the rank of Lt(N) was correctly amended in accordance with CAF policy and recommended that the grievance be denied.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation not to afford the grievor redress.The FA agreed with the Committee that the grievor's situation is one of unfortunate circumstance, and the FA did not believe that the grievor misrepresented his color vision impairment nor that the CAF failed to properly enroll the grievor. Notwithstanding, the FA found that one's color vision impairment can be assessed better to determine if it will affect their ability to safely conduct CAF operations. In order to provide his perspective and hopefully to avoid such situation in the future, the FA forwarded his decision, along with the Committee's findings and recommendation, to DMed Pol. That said, the FA found that the grievor's calculation of EPZ on COT was treated in accordance with the applicable dispositions.