# 2017-075 - Release, Release - Conduct/Performance, Release - Medical

Case Summary

F&R Date: 2018–02–27

The grievor was released from the Canadian Armed Forces under item 5(f) - Unsuitable for Further Service. The decision to release resulted from an administrative review (AR) into misconduct involving illicit drugs. The AR also considered various incidents of misconduct, including an alleged sexual assault that happened a few months before the drug-related incident. The grievor argued that his supervisors were spitefully trying to release him. He contends that the incidents reported by his supervisors are minor in nature and insufficient to justify a release under item 5(f). Finally, the grievor claimed that, given he was imposed medical employment limitations, he should have been released under item 3 (b) - On Medical Grounds.

The grievor's supervisors contend that his misconduct history, including the drug-related incident and the alleged sexual misconduct, warrant a release under item 5(f). The AR found that, while the medical limitations breached the bona fide occupational requirement of his occupation, they did not breach the Universality of Service principle, and as such, a medical release is not justified.

The Committee first found that the drug-related incident was serious enough to trigger the AR. It then found that the grievor's personnel file contains numerous disciplinary, remedial and administrative measures, even from the early years of his career. Hence, the Committee concluded that, given the grievor's history of misconduct, and given the nature of the most recent incidents, release under item 5(f) was justified. Therefore, the Committee recommended denying the grievance.

FA Decision Summary

FA Decision Pending