# 2019-179 Releases, Misuse of alcohol, Release - Compulsory

Case summary

F&R Date: 2020-10-23

The grievor was arrested for driving while intoxicated and, following an Administrative Review (AR), was to be released from the Canadian Armed Forces (CAF) under item 5(f) of the table to Queen's Regulations and Orders for the Canadian Forces QR&O article 15.01. The grievor sought to have the release item changed to 3(b) or 5(d), arguing that post-traumatic stress disorder (PTSD) and other emotional issues contributed to his alcohol misuse and that the actions leading to release were not entirely within his control.

In the AR decision, the Director of Military Career Administration noted that the grievor's medical condition was compliant with Universality of Service (UoS). The Director General Military Careers, acting as the Initial Authority, concluded that the 5(f) release item was justified because the grievor's behaviour and conduct were within his control.

The Committee first found that the grievor met the UoS requirements and that a 3(b) release item was not appropriate. The Committee next found that the grievor's medical condition had been sufficiently considered by CAF authorities at the time of the release item decision. The Committee noted that the grievor had a significant history of alcohol-related misconduct before the events leading to the onset of PTSD symptoms, including being placed on counselling and probation twice for alcohol-related misconduct. The Committee acknowledged the grievor's medical condition but found that the grievor was released based on factors within his control and that a 5(f) release item was the most appropriate release item. The Committee recommended that redress not be granted.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation not to afford the grievor redress.