# 2017-115 - Release - Compulsory, Reserve Force

Release - Compulsory, Reserve Force

Case Summary

F&R Date: 2018–02–28

The grievor disputed the decision by the Director Military Careers Administration (DMCA) to release him under item 5(f) – Service Completed - Unsuitable for Further Service, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. He argued that relevant factors in his file had not been entirely considered, that he was not provided with counselling to correct his deficiencies, that his actions were not always entirely within his control and, that a second medical opinion should have been sought after he presented new medical information.

As redress, he sought to have his release item changed to 3(a), 3(b), or 5(d).

The Committee found that the grievor had not submitted any new medical information indicating that his medical situation had significantly changed since the Director Medical Policy reviewed his file.

The Committee also found that a lack of documented counselling sessions does not necessarily invalidate the legitimacy of the remedial measure.

The Committee found that the grievor's Medical Employment Limitations did not violate the Universality of Service requirements and, therefore, did not support a medical release.

The Committee disagreed with DMCA's suggestion that a member's behavior is considered to be wholly within his control if he understands the nature and consequences of his actions. The Committee explained that the proper test is whether the deficient conduct is linked to the member's medical condition.

The Committee found that the deficient conduct and performance of the grievor were not beyond his control. Based on his extensive record of serious conduct and performance deficiencies, as outlined in his remedial measures and in the list of convictions under the National Defence Act and Criminal Code, the Committee found that the grievor was indeed an administrative burden to his unit.

Consequently, the Committee found that a release under item 5(f) was warranted and recommended that the grievance be denied.

FA Decision Summary

FA Decision Pending

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