# 2024-186 Pay and Benefits, Pay, Recovery of Overpayment

Case summary

F&R Date: 2025-10-06

The grievor enrolled in the Regular Force as military police, and when she completed her Basic Military Qualification (BMQ) she was promoted to corporal (Cpl). One month later, she was demoted to private (Pte). The grievor contested that decision, and five months later she was once again promoted to Cpl, retroactive to the date of the first promotion, with retroactive pay at the Cpl level. Then, one month later, the grievor was again demoted to Pte. The pay rate was changed, and the grievor was informed that she would have to repay an overpayment totalling $10,044.62. A credit for rations was applied to her debt, leaving a balance of $3,597.73, which the grievor refused to pay. The grievor challenged the recovery of the overpayment as well as her demotion, alleging that she had been informed that she would be promoted to the rank of Cpl upon completion of her BMQ.

The Initial Authority (IA) concluded that the grievor had not been aggrieved. The IA sympathized with the grievor's situation but confirmed that the grievor had not been entitled to the amount of pay that she had received, as she had been promoted twice following administrative errors. The promotion did not comply with the applicable regulations and policies, the demotions were justified, and because the grievor was not entitled to the promotion, she was not entitled to the pay of a Cpl.

The Committee found that the promotion did not comply with the applicable regulations and policies, and that therefore she should not have received the amount paid to her. However, there were two brief periods during which the grievor did have the rank of Cpl. 

The Committee recommended that the grievance be denied on the merits. However, in the event that the grievor did in fact fulfill the inherent responsibilities of a Cpl while holding that rank at certain times, the Committee recommended that the Final Authority grant her the pay of a Cpl for the corresponding periods.