# 2017-068 - Release - Compulsory, Release - Medical, Release - Voluntary
Release - Compulsory, Release - Medical, Release - Voluntary
F&R Date: 2017–12–27
The grievor disputes his release under item 5(d) – Not Advantageously Employable, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces and seeks re-enrolment.
On enrolment in the Canadian Armed Forces (CAF), one of factors in the grievor's medical category was assigned incorrectly. When that medical category was subsequently lowered, he no longer met the minimum requirements for his occupation.
Initially, the grievor requested a voluntary release. However, over the next two months, he twice reversed his request; first seeking a Compulsory Occupation Transfer (COT) and then later asking for a voluntary release again. Consequently, the Commanding Officer (CO) decided to release him under item 5(d) on the basis that he considered the grievor to be an administrative burden. Upon receipt of the Notice of Intent to Recommend Release, the grievor objected to the compulsory release and restated his desire to receive a COT.
The CO, acting as Initial Authority, denied the grievance. He cited the grievor's indecisiveness regarding further service in the CAF, as well as his alleged drug use, as reasons why he considered the grievor to be an administrative burden to the unit and the CAF.
The Committee first observed that the CO should not have acted as IA for his own decision. Then the Committee found that the grievor was not properly referred to the Base Personnel Selection Officer for COT consideration after he was removed from his occupational training due to a lowered medical category.
On the matter of the grievor's indecisiveness, the Committee found that the concept of indecisiveness did not meet the policy definition of an administrative burden and, therefore, did not justify his item 5(d) release.
Regarding the CO's referrence to the grievor's alleged involvement in a drug related incident as further justification for his release decision, the Committee found that the alleged drug related incident occurred after the CO decided to release the grievor and that the CO lacked the delegated authority to release the grievor for drug related reasons. As such, the Committee found it inappropriate to refer to the drug incident, after the fact, as justification for releasing the grievor under item 5(d) as an administrative burden.
The Committee concluded that the CO's decision to release the grievor under item 5(d) was not justified in accordance with applicable CAF policy and recommended that the Final Authority offer the grievor an opportunity to re-enrol on a priority basis. The Committee also recommended that an Administrative Review be conducted in the event that the grievor re-enrolls in the CAF, in order to determine whether any administrative measures should be issued to the grievor as a result of the alleged drug incident.
FA Decision Summary
FA Decision Pending
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