# 2020-021 Pay and Benefits, Imposed restriction

Case summary

F&R Date: 2020-09-30

Upon re-enrolment in the Canadian Armed Forces, the grievor was informed that he was not entitled to an imposed restriction (IR) or separation expense (SE) in relation to his posting to his first place of duty. He requested that the Chief of Military Personnel (CMP) consider his situation for an exception, as is permitted by Canadian Forces General Message (CANFORGEN) 184/12.

The Committee found that the grievor had not been properly informed and thus he had never submitted a formal IR exception request to the CMP for consideration. In considering the totality of the grievor's circumstances, the Committee found that there was justification for an exception to the IR policy. Consequently, the Committee recommended that the Final Authority (FA) grant the grievor an exception to the IR policy and ensure that he was paid any SE to which he may be entitled as a result of being approved for IR status.

FA decision summary

The FA agreed with the Committee's finding that during the first six months of his posting, the grievor met the conditions of Compensation and Benefits Instruction 208.997 and therefore was eligible for SE. Following that, the FA agreed with the Committee's finding that while CANFORGEN 034/15 was issued to provide clarification to paragraph 7 of CANFORGEN 184/12, it did not cancel 184/12, which clearly stated in paragraph 10 that exceptions to the IR policy may be authorized by CMP. The FA agreed with the Committee's finding that despite a lack of documentation, it was credible that the grievor inquired about IR and that he should have been told to submit a request through his chain of command to the career manager for approval and/or consideration as an exception. The FA considered the factors listed in paragraph 6 of CANFORGEN 184/12 and agreed with the Committee's finding that granting an exception to the IR policy and according the grievor IR status and SE benefits for the duration of his posting (other than while he was deployed) was appropriate in the circumstances.

The FA accepted the Committee's recommendations that the grievor be paid SE for the first six months of his posting and that the grievor be granted IR and paid SE for the duration of his posting. The FA did not address the Committee's recommendation that CANFORGEN 184/12 and 034/15 be cancelled as they have been superseded by Canadian Forces Military Personnel Instruction 17/01.