# 2019-017 Careers, Component Transfer, Entry into the promotion zone, Reserve Force

Case summary

F&R Date: 2019-12-18

The grievor complained about his promotion date to Acting Sub-Lieutenant (A/SLt) following his enrolment in the Naval Reserve. The Committee found that there were numerous contradictions and inconsistencies between the various applicable orders, directives and policies, particularly in regard to enrolment plans and promotions for Naval Reserve Logistics officers. Relying on the hierarchy of orders, the Committee found that the grievor was only required to complete his Basic Military Officer Qualification course to be eligible for promotion to A/SLt and recommended that the grievor be promoted effective the date he completed that course.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority (FA), disagreed with the Committee's findings and recommendation. Like the Committee, he found that Reserve Entry Scheme – Officers (RESO) program was the correct entry plan for the grievor. Like the Committee, he found that the Canadian Armed Forces and Royal Canadian Navy policies contradicted each other. However, the FA explained that Defence Administrative Orders and Directives (DAOD) 5002-8 provides that a RESO officer is eligible for promotion to A/SLt when (1) Basic Military Officer Qualification (BMOQ) is granted and (2) they meet the conditions and standards specified in Canadian Forces Administrative Order (CFAO) 49-12. The FA noted that CFAO 49-12 does not set any conditions and standards for this case, so he instead reviewed Queen's Regulations and Orders for the Canadian Forces (QR&O) article 11.02, which the CFAO amplifies. QR&O article 11.02 requires that the member meet such conditions and standards as the Chief of the Defence (CDS) has prescribed. The FA explained that the Chief Military Personnel (CMP), as the functional authority for the Logistics occupation, publishes the occupational specifications, which should be viewed as standards prescribed by the CDS. These require completion of the Logistics Officer Common Course to progress to A/SLt.

The FA clarified that although DAOD 5002-8 provides that achieving BMOQ renders a RESO officer "eligible for promotion", this only means eligible for promotion once the officer also meets any standards identified by the CMP as the occupation's functional authority, through the Director Personnel Generation Requirements.

The FA did not grant redress.