# 2021-127 Pay and Benefits, Pay

Case summary

F&R Date: 2022-08-09

The grievor, a reservist, argued that his entitlement to Sea Duty Allowance (SDA) should have started three years sooner than was calculated by a SDA audit. He contended that he had four additional periods of eligible service that should count towards his SDA entitlement, and he sought retroactive SDA payments.

The Initial Authority (IA), the Commander Naval Reserve, granted partial redress, finding that one period was eligible service and advancing the SDA entitlement date accordingly. The IA agreed that the grievor had served on ships for the remaining three periods but deemed them ineligible to count towards SDA entitlement because they were training periods.

The Committee found that the SDA provisions in Chapter 205.35 of the Queen's Regulations and Orders for the Canadian Forces (QR&O) and, subsequently, in the Compensation and Benefits Instructions (CBI) 205.35, specified that the grievor need only have served in a designated sea-going position for the periods to count as eligible service. Neither the QR&O nor the CBI identified training as a disqualifying factor and a Canadian Armed Forces Subject Matter Expert confirmed the same. Therefore, the Committee found that the contested three periods were eligible service and recommended that the grievor's entitlement to SDA be revised and that he be reimbursed accordingly.

The Committee recommended that redress be granted.

FA decision summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as Final Authority, agreed with the Committee's findings and recommendation. Consequently, in accordance with CBI 205.35, Sea Duty Allowance (SDA), the grievor reached SDA Level 2, and the DCFGA directed the Director General Compensation and Benefits to make the amendment accordingly