# 2018-109 Careers, Compulsory Occupational Transfer, Entry into the Promotion Zone, Promotion

Case summary

F&R Date: 2019-03-27

The grievor complained that his Entry into the Promotion Zone (EPZ) date to the rank of Captain was incorrecty calculated.

The Committee determined that since the grievor transferred to a specialist occupation, in accordance with the applicable policies, he was required to spend three years as Lieutenant before being eligible for a promotion to Capt. The Committee also determined that the grievor's case was unique enough that the Chief of the Defence Staff should consider waiving the three-year time in rank criterion in this specific case.

FA decision summary

The Final Authority (FA) determined that administrative errors related to the dissemination of the grievor's medical information delayed the grievor's Compulsory Occupational Transfer (COT) and career and caused the grievor stress, and accordingly, granted a remedy.

The FA found that the date of the grievor's promotion to second lieutenant (2Lt) had been corrected and that, based on the Canadian Forces Administrative Order 11-6 Annex A, the proper date for promotion to lieutenant (Lt), substantive, was the same day as his COT.

The FA found that, pursuant to Canadian Forces General Message 150/15, members of a specialist occupation, including Heath Care Administration (HCA), had to spend three years in the occupation in the rank of Lt to be eligible for promotion to captain.

Given the delays caused by the administrative errors in the grievor's case, the FA used the discretionary power under Queen's Regulations and Orders for the Canadian Forces article 11.01 to waive the three year requirement and allow promotion to Capt the day the grievor was trained as an HCA.

The FA found that, in accordance with the Canadian Forces Personnel Appraisal System Directive, it was appropriate that the grievor had not received Personnel Evaluation Reports as a 2Lt or Lt.