# 2024-074 Careers, Administrative Review, Release - Compulsory

Case summary

F&R Date: 2025-07-02

The grievor contested the Director Military Careers Administration (DMCA) decision to release him from the Canadian Armed Forces (CAF) under item 5(f) – Unsuitable for Further Service, of the Table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. The grievor contended that the issues substantiating his release were the result of a medical condition, including addiction, which developed during his CAF service. He requested that his release be rescinded or that the item of release be changed to 3(b) - On Medical Grounds. 

The Director General Military Careers, acting as the Initial Authority (IA), determined that the grievor's addiction had affected him before his enrolment and were not the result of his CAF service. The IA also found that the CAF had taken appropriate action and provided adequate support to help the grievor overcome his addiction; however, his condition did not improve. The IA noted that it was grievor's inappropriate conduct that led DMCA to assign item 5(f) and that the Director of Medical Policy had found no causative link between the grievor's addiction and multiple misconduct incidents. The IA found that there was enough evidence that the grievor had not met the CAF standards of conduct over several years. Therefore, the IA concluded that the grievor's release under item 5(f) had been both lawful and appropriate.

The Committee determined that there was evidence of a history of addiction before the grievor's enrolment, along with medical issues that were not service-related, contrary to the grievor's contention. Moreover, although the CAF had erred by not implementing remedial measures to make the grievor aware and help him overcome his conduct deficiencies, they were invested in assisting him in receiving the necessary medical support for his addiction on numerous occasions. Nevertheless, given the grievor's medical employment limitations coupled with significant and recurrent incidents of misconduct with no causal link to his addiction, he became an administrative burden that the CAF could no longer reasonably support. Therefore, the Committee found that the decision to release the grievor under item 5(f) was justified and appropriate and best represented the reason for this decision. The Committee recommended that the Final Authority not afford the grievor redress.