# 2021-269 Releases, Medical Condition, Release

Case summary

F&R Date: 2023-03-24

The grievor contested the decision of the Acting Director Military Career Administration (A/DMCA) to release her under item 5(d) of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces instead of item 3(b) as she said it was made without considering her particular situation and mental health issues. The A/DMCA determined, on a balance of probabilities, that it was more likely than not, some of the grievor's unacceptable behaviour may have been related to her medical condition and alcohol consumption. However, the A/DMCA maintained that since there was “no direct cause and effect relationship” between the grievor's medical condition and her misconduct, she should be released under item 5(d).

The Director General of Military Careers, designated as the Initial Authority (IA) accepted that there was a certain link between the grievor's medical condition and her alcohol dependence but did not accept that it explained all of her misconduct. The IA concluded that the grievor consistently failed to meet Canadian Armed Forces standards and decided that the most appropriate release item was 5(f), not 5(d).

The Committee found that the grievor's unacceptable behaviour was “more likely than not” related to her medical conditions - in other words, her misconduct had a connection with her medical conditions. As such, the Committee found that the most appropriate item for the grievor's release was item 3(b) - on medical grounds.