# 2022-308 Releases, Release - Voluntary

Case summary

F&R Date: 2024-08-23

The grievor, who was part of a military service couple, was to be posted to a new location and promoted. She complains that she requested to proceed on an Imposed Restriction (IR) but was wrongly informed that IR was not an option for military service couples. The grievor also complains that when she requested her voluntarily release with a preferred release date six months in the future, a Director of Military Careers (D Mil C) Administrative Review (AR) was recommended by her Career Manager (CM). This AR found the grievor guilty of posting avoidance and imposed a 30-day release date. Finally, the grievor complained that she was unfairly released in the rank of Corporal after she had been an acting lacking Master Corporal (A/L MCpl) for three years. As redress, she requested that her release date be amended, that her rank of A/L MCpl be restored with pay adjustments, and that she receive a formal apology.

The Director General Military Careers, acting as the Initial Authority (IA), found that the refusal of the grievor's IR request was an error and that the grievor's release request was not posting avoidance but due to the incorrect refusal of IR. As redress, the IA offered reenrollment at the rank of A/L MCpl.

The Committee first found that the grievor's IR request should have been approved by the CM. The Committee next found that the D Mil C AR was procedurally unfair as it failed to provide disclosure to the grievor and relied on incorrect advice from the CM regarding the grievor's intent. The Committee noted that the grievor had not been avoiding her posting as she had offered to go on IR status. The Committee concluded that the D Mil C directed 30-day release date was unreasonable. Finally, the Committee found that the grievor had served as an A/L MCpl for three years and, if not for the COVID-19 pandemic, would have completed her Primary Leadership Qualification (PLQ) and been promoted to substantive Master Corporal. The Committee concluded that releasing the grievor in the rank of A/L MCpl was justified and could be directed by the Final Authority (FA) under paragraph 49(c)(2) of Annex A to the Canadian Forces Administrative Order 15-2, Release – Regular Force.

The Committee recommended that the grievor's release date be amended to her preferred date; that her A/L MCpl rank be restored with any benefits recalculated and her records revised to reflect the change in rank, service and pay; that an ex gratia payment be provided to mitigate the harm suffered; that a medical review be conducted to determine if the grievor's release item should be changed to a medical 3b release and, that an offer of reenrollment in the rank of A/L MCpl be made with priority PLQ training followed by promotion to Sgt if the grievor is deemed fit and expresses an interest to re-enrol. Finally, with respect to a formal apology, the Committee noted that it was open to the FA to offer one on behalf of the Canadian Armed Forces if he or she desires.

The Committee also made a Systemic Recommendation regarding the need for procedural fairness in all administrative decisions affecting a member's interests.