# 2024-015 Releases, Judge Arbour Rec. 10 – sexual-related files, Release - Recommendation 10

Case summary

F&R Date: 2025-01-29

The grievor grieved the Director Military Careers and Administration (DMCA) decision to release him under item 5(f), Unsuitable for Further Service, under the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. He argued that the decision was rushed and punitive, and that a release under item 3(b), Medical, was more appropriate. While both the grievor's medical conditions and misconduct could have independently warranted release, DMCA applied the Chief of Defence Staff (CDS) Guidelines on Consideration for Attribution of a Release Item, determining, based on input from Director Medical Policies and Standards, that the grievor's unacceptable behavior was likely not linked to his diagnosed medical conditions.

The Initial Authority (IA), the Director General of Military Careers, upheld DMCA's decision, concluding that despite the grievor's Medical Employment Limitations, his misconduct justified release under item 5(f).

The Committee found that the CDS Guidelines were improperly applied and there were significant shortcomings in the administrative review (AR) decision, including that the medical evaluation was not properly conducted.

The Committee recommended that the Final Authority grant the grievor redress by quashing the original AR and conducting a new one that incorporated the correct assessment tests and required evidence to determine the most appropriate release item