# 2024-017 Releases, Release, Release - Compulsory

Case summary

F&R Date: 2025-10-07

The grievor challenged the Director Military Career Administration's decision to release her under item 5(e) (Irregular Enrolment) of the table to Article 15.01 of the Queen's Regulations and Orders based on an alleged pre-existing medical condition. She maintains that she had no such condition, disclosed all required medical information before enrollment, and was deemed medically fit by recruiting medical officers. She asserted that the injuries she sustained during basic training were not caused by a pre existing condition and therefore she should receive a 3(b) medical release or have been retained.

The Director General Military Careers, acting as Initial Authority (IA), found that although the grievor disclosed all medical information at enrollment, she did have a pre-existing condition and her assigned medical category was incorrect based off an inaccurate assessment of the severity of her pre existing medical condition, which was exacerbated and progressed rapidly during basic training, resulting in Medical Employment Limitations which breached Universality of Service. The IA deemed the release reasonable and consistent with policy, citing Canadian Forces Administrative Order (CFAO) 15-2, which allows item 5(e) releases for members enrolled with unsatisfactory medical categories or undisclosed pre-existing conditions causing unfitness within the first three months.

The Committee found that the grievor did have a pre existing medical condition, as presented in her disclosed medical documentation on enrolment, though neither the severity of her condition nor her prognosis were accurate. Her condition was exacerbated due to the exigencies of basic training and while the grievor did sustain an injury during training as well, it was medically proven not to be the source of her rapidly declining medical condition. The Committee found that, given her medical unfitness so soon after enrolment, and consistent with CFAO 15-2 and Canadian Forces General Message 097/05, item 3(b) – medical does not apply, as her unfitness stemmed from a pre-existing condition, and the grievor's release under item 5(e) was appropriate. The Committee found that the grievor was treated fairly and released in accordance with policy and recommended that the Final Authority deny the grievance but consider the caveat that the grievor's release item be annotated as “disabled” to account for her medical condition upon release, if not already done.