# 2021-285 Careers, Administrative Review, Medical Employment Limitation, Universality of Service Principle

Case summary

F&R Date: 2023-02-07

The grievor, a Regular Force member, was diagnosed with a delusional disorder and was subsequently assigned Medical Employment Limitations (MEL) and an Administrative Review (AR) / MEL. 

The grievor argued that he was misdiagnosed based on a psychiatrist's subjective opinion. The grievor argued that the diagnosis was not justified and that the associated MEL were unjustifiably broad. The grievor requested that the MEL be removed, and the AR/MEL be cancelled. 

The Initial Authority rejected the grievance on the basis that it would not be in the interests of justice to accept it outside of the prescribed time limit. 

The Committee noted that the grievor was assessed by multiple medical professionals over the course of several years, including two psychiatrists who diagnosed the grievor with the same disorder and assigned similar MEL; the grievor refused treatment options on both occasions. 

After reviewing the facts, including the MEL, against applicable policies, including Canadian Forces Publication 154, the Committee found that the Temporary Medical Categories and Permanent Medical Categories assigned to the grievor were justified and assigned in accordance with the applicable policy. The Committee therefore found that the grievor did not meet the Universality of Service requirement within Defence Administrative Orders and Directive (DAOD) 5023-0 and 5023-1, that the AR/MEL process was properly administered in compliance with DAOD 5019-2, and that the AR decision to release the grievor was justified.