# 2018-073 Releases, Release, Release - Compulsory

Case summary

F&R Date: 2021-03-12

The grievor contested his release under Item 5(f) – Service Completed; – Unsuitable for Further Service, of the table to the Queen's Regulations and Orders for the Canadian Forces 15.01. The grievor denied the allegations of plagiarism and submission of fraudulent documents that were the basis of the decision, by the commanding officer of the educational institution, to release him. After acknowledging that his attitude had not always been exemplary, the grievor argued that his release was a disproportionate consequence under the circumstances. He asked to be reintegrated into the Canadian Armed Forces (CAF), as if he had never been released, with applicable pay and benefits.

The Initial Authority (IA) did not grant redress. The IA found the decision to release the grievor reasonable, justified and issued in accordance with applicable policies. The IA indicated that, accusations of plagiarism and submission of fraudulent documents aside, the grievor's performance had been unacceptable and justified his release.

The Committee concluded the evidence on file showed that the allegations against the grievor were unsubstantiated, that there had been a breach of procedural fairness and that his release was unjustified. The Committee reiterated its analysis regarding the Chief of the Defence Staff not having the authority to cancel a release, rendering full redress for the resulting harm impossible. The Committee recommended that the Final Authority (FA) facilitate the grievor's re-enrolment in the CAF, preferably in an occupation that suited him best, provided the grievor consented and met the requirements. The Committee also recommended to the FA that appropriate remedies be considered to compensate the grievor for damages.

FA decision summary

The CDS agreed with the Committee's findings and recommendation. The CDS did find that the grievor was aggrieved and partially afforded the redress sought. As such, the CDS ordered the withdrawal of all reference documentation relating to the initial counselling and all documentation in the personnel file related to the grievor's release under item 5(f). The CDS offered to facilitate the grievor's re-enrollment, if that is the grievor's wish, into an available trade for which he is qualified. If the grievor does not wish to re-enroll, his release item will be changed to indicate release 4(c) (voluntary).