# 2018-048 Careers, Enrollment Transfer Posting instruction

Enrollment Transfer Posting (ETP) instruction

Case summary

F&R Date: 2019-05-16

The complainant first enrolled in the Canadian Armed Forces (CAF) in 2007 and served for 531 days. In 2012, he began procedures to re-enrol in a new occupation. Two years later, he accepted an enrolment offer that he believed would see the CAF grant him one year and 70 days of seniority. It was not until after he enrolled that he realized that he was only credited with 70 days of seniority by the CAF because his service had been continuously interrupted for more than five years. The grievor argued that it was unreasonable for the re-enrolment process to take almost two years and, since he had begun the re enrolment process before the five-year period had elapsed, he requested that the CAF recognize all of his prior service.

The Initial Authority (IA) concluded that the delays in the administration of the grievor's re-enrolment file were not unreasonable, and that, given the continuous interruption of more than five years, the CAF could not recognize his prior service, but credited him with the equivalent of the Basic Military Qualification Course. The IA also concluded that the grievor's employment between his two periods of service could not be considered valid from a military perspective, as it did not replace or shorten the training required for his new occupational group.

The Committee recognized that the Chief of the Defence Staff has the discretion to recognize skills and experience deemed to have military value upon enrolment, which affects not only the pay increment (PI) and incentive credit (IC), but also the time credit for promotion (TCP). The Committee reviewed the skills acquired and maintained by the grievor during his break in service and concluded that those skills were similar to those of the occupation into which the grievor re-enrolled. The Committee also found that the recognition of basic military qualifications alone is sufficient to conclude that the grievor maintained skills deemed to have military value.

The Committee recommended that the CAF recognize the grievor's entire period of prior service and amend the PI, IC and TCP granted upon enrolment.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as the Final Authority (FA), agreed with the Committee's recommendation to grant the grievance, but for different reasons. Firstly, the FA refused to consider previous similar cases to which the grievor referred. He explained that Compensation and Benefits Instructions (CBI) 204.015(4) clearly stipulates that qualifying service for pay increments does not include any service prior to a continuous interruption of more than five years unless the member has maintained skills or qualifications of value to the Canadian Armed Forces (CAF). After refusing to recognize the grievor's civilian experience and education as relevant, as the Committee had concluded, the FA indicated that “While the 20-month timeframe for your re-enrolment may seem long, as indicated, there is no established standard for completing an enrolment process. However, given the delays caused by the closure of one of the recruiting centres, a situation which was beyond your control and under CAF responsibility, I am prepared to recognize your prior service as eligible under CBI 204.015 at the time of your re-enrolment.” [Translation]

The FA also addressed the fact that the grievor had had to submit his grievance twice and that 18 months had gone by before the grievor received a decision. He recalled that the existing policies require that the Initial Authority (IA) examine the grievance and render a decision within four months. He said that the 18-month wait was unacceptable and reminded the IA of the “importance of the right of a member who feels aggrieved to file a grievance and obtain a decision within the time limits prescribed in [Queen's Regulations and Orders for the Canadian Forces] 7.15 (Duties of Initial Authority).” [Translation]

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