# 2020-023 Careers, Re-Enrollment, Time Credit for Promotion

Case Summary

F&R Date: 2021–01–27

After eight and a half years of service and having attained the rank of Master-Corporal, the grievor took a voluntary release from the Regular Force (Reg F). Six years later he re-enrolled in the Reg F into a different occupation and was granted the rank of Private with time credit towards promotion (TCP) of 70 days. He contended that this was unfair and failed to recognize his qualifications and previous experience, including his tour in Afghanistan.

The Initial Authority (IA) found that in accordance Canadian Forces Administrative Order 49-4, the grievor had no qualifications in his new occupation and was therefore not entitled to a higher rank or TCP. The IA also found that because the grievor's break in service was greater than five years, his previous service did not count as “qualifying service” for the purpose of calculating his pay level on enrolment, pursuant to article 204.015 of the Compensation and Benefits Instructions for the Canadian Forces (CBI).

The Committee examined a myriad of policies, orders, directives and instructions that applied to the grievor and found that many were outdated, vague or at cross purposes to each other, and that clear direction regarding rank and pay on enrolment was lacking. Nonetheless, the Committee determined that, although rank and pay were related, they were two separate aspects of a re-enrolment offer and should be considered separately. On the pay issue, the Committee found that in accordance with CBI 204.015, the grievor had no qualifying service that would justify a higher pay increment. On the rank issue, the Committee noted that Defence Administrative Order and Directive granted the Commander Canadian Forces Recruiting Group the authority to offer skilled applicants a higher rank on enrolment based on “qualifying service, academic, or special qualifications”. The Committee found that given the grievor's significant previous service, including operational service, it was unfair to treat him as a new soldier. Consequently, the Committee recommend that the grievor be granted the rank of Acting Lacking Corporal backdated to the date of his re-enrolment. 

FA Decision Summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as Final Authority , agreed with the Committee's finding that the grievor had not demonstrated that he had acquired skills of military value which would permit his service previous to the interruption of over five years to be credited for the purpose of calculating pay increment. However, she also agreed with the Committee that granting the rank of Acting/Lacking Corporal was consistent with his prior service, and followed the Committee's recommendation that this be done.