# 2018-144 Careers, Component transfer, Reversion in rank

Case summary

F&R Date: 2019-12-18

The grievor was granted a component transfer (CT) from the Reserve Force (Res F) to the Regular Force (Reg F) conditional to his acceptance of a reduction in rank. A few years later, the Canadian Armed Forces (CAF) allowed five CAF members at the same rank and in the same occupation to transfer from Res F to the Reg F without imposing a reduction in rank. The grievor requested a review of his CT and retroactive granting of his former rank.

The Initial Authority found that the object of the grievance was the initial CT and rejected it given it was submitted outside of the prescribed time limitation. The Director General Integrated Conflict and Complaint Management determined that the object of the grievance was the denial of the grievor's request for a review of his CT and therefore the grievance was submitted within the prescribed time limit.

The Committee concluded that the CAF have broad discretion regarding personnel selection criteria. The Committee found that the CAF made an informed decision, taking into account their operational and personnel requirements. It is not within the Committee's mandate to conduct a review of the CAF's broader personnel selection policy. The Committee found that the decision to CT the officers at a lower rank at that time was reasonable and policy compliant. The Committee recommended that the Final Authority (FA) deny redress.

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation that the grievor not be granted redress. The FA agreed with the Committee's findings that Naval General Message (NAVGEN) 048/16 did not apply to the grievor's component transfer, which had occurred several years prior to the issuance of the NAVGEN, and that, accordingly, the grievor could not be granted a higher rank on the basis of the NAVGEN.