# 2020-039 Careers, Release, Release - Compulsory, Release - Conduct/Performance

Case summary

F&R Date: 2021-03-09

The grievor challenged an administrative review (AR) decision to release him from the Canadian Armed Forces (CAF) under item 5(f) - Unsuitable for Further Service, pursuant to the Queen's Regulations and Orders for the Canadian Forces Article 15.01. The Initial Authority found that a 5(f) release was reasonable and proportional to the grievor's misconduct.

Upon careful review of the evidence provided by the Military Police, an independent harassment investigator, and by the person who submitted the AR regarding the misconduct, the Committee found the evidence clearly and convincingly demonstrated that the grievor had engaged in sexual misconduct, which is contrary to CAF policies. The Committee also found that the AR process was fair and policy compliant. Noting that the grievor had engaged in the misconduct shortly after completing CAF values and ethics training and that he refused to accept responsibility for his actions, the Committee further found that 5(f) was the most appropriate release item, under the circumstances.

The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.