# 2021-093 Pay and Benefits, Release, Subsidized Education Repayment

Case summary

F&R Date: 2022-05-16

The grievor contested the validity of his release item from the Canadian Armed Forces (CAF). He argued that he requested his voluntary release from the CAF under duress and incurred financial obligation as a result. The grievor was an Officer Cadet attending a civilian university, subsidized under the sponsorship of the Regular Officer Training Program (ROTP), and experienced prolonged and ongoing academic difficulties. The CAF then determined that he could no longer continue his subsidized education and required that the grievor choose between reverting to a Non-Commissioned Member occupation and completing his obligatory service or requesting a voluntary release with financial obligation. The grievor failed to make a choice and the CAF ordered him to report for duty until his compulsory release or face disciplinary action under the National Defence Act if he did not do so. The grievor explained that he requested his voluntary release against his will only to avoid the threat of disciplinary action and to avoid additional disruption to his education. As redress, the grievor sought to have his release item amended from voluntary release to a compulsory release, which would relieve him from the financial obligation he incurred.

The Initial Authority (IA) acknowledged that the grievor experienced academic challenges during his tenure under the ROTP that originated from an unusual enrolment but did not accept this as an explanation for his ongoing academic difficulties. The IA rejected the grievor's allegation that he requested his voluntary release under duress and found that neither the grievor's personal choice to remain in school nor his desire to avoid potential disciplinary action constituted evidence that he was forced to request his voluntary release. Accordingly, the IA denied the grievance.

The Committee noted that the CAF had authorized the grievor to continue his subsidized education on at least two occasions despite poor academic performance, contravening the direction found in Canadian Forces Administrative Order (CFAO) 9-12. The Committee further noted that the CFAO provides that officer cadets who are not acceptable for further training or for whom there is no military requirement

for retention may be compulsorily released. The Committee found that the CAF should have previously compulsorily released the grievor in accordance with the CFAO. The Committee further found that the CAF also incorrectly applied the CFAO to the grievor when it required him to choose between reverting to a Non-Commissioned Member occupation and completing his obligatory service or requesting a voluntary release with financial obligation. Finally, in light of the misapplication of the CFAO, the Committee found that the grievor's request for his release was not truly voluntary.

The Committee recommended that the Final Authority amend the grievor's release item from a voluntary release to a compulsory release and relieve him from the financial obligation he incurred.