# 2019-284 Careers, Component Transfer, Personnel Evaluation Report, Selection Board

Case summary

F&R Date: 2021-01-25

The grievor alleged that her component transfer from the Supplementary Reserves to the Regular Force (Reg F) was handled incorrectly, resulting in her having to accept an offer in a different sub-occupation at a lower rank. She also contends that the subsequent consideration of her Personnel Evaluation Reports (PER) at Selection Boards (SB) as being worth 50% was not properly counted, even though they were at a higher rank. The Commander, Canadian Forces Recruiting Group, acting as the Initial Authority, determined that the proper procedure for processing a skilled applicant was followed in the grievor's case. He determined that, at the time of the grievor's re-enrollment, there were no positions available in her previous sub-occupation at her previous rank. He stated that she was offered, and accepted, a position at a lower rank, and denied redress. He did not address the issue of the grievor's PERs and SB.

The Committee determined that the process by which the grievor returned to the Reg F was a component transfer, not an occupation transfer. The Committee noted that the Canadian Armed Forces had no obligation to offer the grievor her previous rank at the time of her transfer. The Committee found that the offer to the grievor of a position at a lower rank was fair and in accordance with policy. The Committee determined that the grievor's PERs at a higher rank should not have been reduced to 50%, in accordance with the Selection Board Guidance Manual. The Committee also found that the grievor's file was competitive and should have been considered and submitted to the SB for consideration. The Committee recommended that the Final Authority direct that a Supplementary Board consider the grievor's file.

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation that the grievor's file be considered by supplementary selection boards for the promotion years following the grievor's component transfer back to the Regular Force (Reg F). The FA agreed with the Committee's finding that, pursuant to the Selection Board Guidance Manual, for the purpose of the Selection Board Candidates List, personnel evaluation report scores from the grievor's previous service in the same occupation (but in a different sub-occupation) and in the same or a higher rank should not have been reduced.

Regarding the grievor's rank on transfer from the Supplementary Reserve back to the Regular Force, the FA agreed with the Committee's finding that, in accordance with the relevant policy, the rank granted was subject to the availability of a vacancy, and the grievor properly accepted an available position one rank below the former rank.