# 2024-117 Releases, Release, Terms of Service

Case summary

F&R Date: 2025-05-13

The grievor argued that he was not lawfully released in accordance with subsection 30(1) of the National Defence Act. The grievor claimed that the Canadian Armed Forces acted negligently in the handling of his terms of service (TOS), causing his TOS to be insufficient to cover his restricted release date (RRD) which led to the denial of his request to voluntarily release. As redress, the grievor requested a retroactive release date. 

The Initial Authority (IA) denied the grievance, determining that the grievor refused the TOS he was offered to cover his RRD. The IA concluded that when the grievor underwent a voluntary occupational transfer (VOT), he was required to serve three years after reaching the operationally functional point (OFP) in his new occupation. The grievor was released as soon as possible upon completing the required years of service, so the IA determined the grievor was treated in accordance with policy. 

The Committee noted that the Statement of Understanding the grievor signed upon his VOT to his new occupation made it clear that he knowingly accepted an RRD of three years following the date on which he reached OFP in his occupation, incurring a new obligation of service on regardless of when his original TOS expired. The Committee found that the grievor should have been offered further TOS to cover the RRD and the VOT should not have been approved without it. However, due to an administrative error, the TOS that were generated were never offered to the grievor at the time. While it was poorly managed, the Committee found that the decision to deny his release request was reasonable and in accordance with policy given the preferred manning level of the grievor's occupation and his agreed upon RRD. 

The Committee recommended that the Final Authority not afford the grievor redress.