# 2024-182 Releases, Administrative Review Process, Release, Release - Compulsory, Release - Conduct/Performance

Case summary

F&R Date: 2025-10-14

The grievor challenged his release from the Canadian Armed Forces (CAF) under item 2(b), unsatisfactory performance, of the table to section 15.01 of the Queen's Regulations and Orders for the Canadian Forces. The grievor argued that the decision to release him was based on incomplete documentation and that his performance was not substandard as alleged in the decision. He also adds that he had no opportunity to improve when required, since his work authorizations had been withdrawn. As redress, the grievor requested that the decision to release him be set aside or, failing that, that the reason for his release be changed to item 5(d) – Not advantageously employable.

The Initial Authority (IA), the Director General Military Careers, concluded that the grievor's release under item 2(b) was reasonable and justified. The IA argued that there were numerous documented assessments indicating that the grievor could not be advantageously employed as a member of the CAF. The IA added that the grievor had himself admitted to not following certain guidelines, and pointed out that the standard of proof applicable to administrative reviews is that of the balance of probabilities, ie, events are considered to have occurred if they are more likely than not, based on the facts presented.

The Committee found that the grievor's release was justified. The grievor was given several opportunities to correct his deficiencies. Despite that, the evidence on file revealed persistent performance problems. The Committee considered that the administrative review of the release had taken into account all the relevant elements. Thus, the Committee recommended that the Final Authority not grant the grievor redress.