# 2023-084 Pay and Benefits, Military Foreign Service Instruction

Case summary

F&R Date: 2025-04-29

The grievor contested the recovery of an overpayment in benefits received while posted Outside of Canada (OUTCAN). The grievor argued that she did not seek the OUTCAN posting but accepted it to support the Canadian Armed Forces (CAF) operational needs, notwithstanding the fact that her service spouse was required to remain in Canada. Furthermore, the grievor asserted that she had accepted the posting under the understanding that, in her case, the restrictions for an OUTCAN Imposed Restriction posting would be appropriately managed. The grievor requested that the recovery of the overpayment be overturned and that all recovered funds be returned to her. 

The Initial Authority, Director General Compensation and Benefits, was unable to render a decision within the prescribed time limit. Therefore, pursuant to article 7.15(4) of the Queen's Regulations and Orders for the Canadian Forces, the grievor requested Final Authority (FA) consideration of her grievance. 

The Committee recognized evidence indicating a clear acknowledgement by the CAF of “service needs” that required the grievor serve OUTCAN and for her service spouse to remain in Canada. Therefore, the grievor was mandated by the CAF, for service-related reasons, to relocate OUTCAN while also maintaining a residence in Canada. The Committee determined that these circumstances warranted an unaccompanied OUTCAN posting with a “prohibited move” rather than a restricted move. Accordingly, the grievor should not be held to pay for accommodation expenses abroad while also bearing the costs of accommodations in Canada. The Committee found that the grievor was aggrieved by denial of the OUTCAN shelter-related benefits and the decision to order recovery. The Committee recommended that the FA afford the grievor redress by amending her posting message with a prohibition on the move of Household Goods and Effects. The Committee also recommended that the FA direct that the grievor be paid the associated benefits for the duration of her OUTCAN posting.