# 2018-143 Careers, Component transfer, Pay, Reversion in rank

Case summary

F&R Date: 2019-10-22

The grievor maintained that the Canadian Armed Forces (CAF) did not fairly consider her prior service when assessing her file on component transfer (CT) from the Reserve Force (Res F) to the Regular Force (Reg F). She unsuccessfully asked several times for a file review, citing errors in her personnel records. Despite her commanding officer’s support of her request for review of the rank and rate of pay granted on CT, the Director Military Careers Administration indicated that he could not proceed with the requested review.

The Acting Director General Military (DGMC), acting as Initial Authority (IA) rejected the grievance as having been submitted outside of the time limit prescribed in the Queen's Regulations and Orders for the Canadian Forces and that it was not in the interest of justice to accept it. According to the IA, the time ran from the date of the CT. However, the Canadian Forces Grievance Authority found the time ran from the Director Military Career Administration's refusal to review her case, thus the grievance had been submitted within the prescribed time limit.

The Committee concluded that DGMC personnel had not shown enough interest in the complainant's career administration. Yet again, the absence of an adequate program for the CT of officers from the Res F to the Reg F and a regrettable choice among existing programs led to a grievance, whereas a sound analysis of the complainant's request would have made it possible to make the necessary corrections to her file. Moreover, the Committee reiterated the fact that the assessment of the interest of justice should take into account both the interest of the member and that of the CAF in order to avoid having a grievance rejected simply because the member is unable to justify the alleged delay in submitting the grievance.

The Committee recommended that the Final Authority (FA) grant the complainant redress; specifically, that the date of her promotion to the rank of Captain be the same as the date of her CT to the Regular Force and that her pay be adjusted accordingly; that the FA acknowledges the improper treatment of the complainant at the time of her CT and with regard to the unwarranted delay in granting redress.