# 2024-254 Releases, Medical Employment Limitation, Release - Conduct/Performance, Release - Medical

Case summary

F&R Date: 2026-01-05

The grievor grieved her compulsory release from the Canadian Armed Forces pursuant to item 5(d), Not Advantageously Employable, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. The grievor argued that her misconduct must be understood within the context of her medical diagnoses and that the Director Military Careers Administration (DMCA) misapplied the Chief of Defence Staff (CDS) Guidelines on Consideration for Attribution of a Release Item policy. She highlighted her service history that was free from misconduct before her medical conditions were triggered. As redress, she requested that her release item be amended to item 3(b), on Medical Grounds. 

The Director General Military Careers, acting as the Initial Authority, failed to render a decision within the prescribed time limit.

The Committee found that the input DMCA received from Director Medical Policy indicated that the grievor's diagnoses were related to, but did not excuse, accountability for her misconduct. The Committee concluded that DMCA improperly applied the CDS Guidelines by determining that this warranted a release under item 5(d). However, the CDS Guidelines only require a medical nexus or relationship and do not require a determination of fault. The Committee determined that, on a balance of probabilities, it was more likely than not that the misconduct was related to the grievor's medical conditions. It concluded that DMCA's selection of release item 5(d) was inconsistent with policy.

The Committee recommended that the Final Authority afford the grievor redress by directing the appropriate release authorities to amend her release item from 5(d) to 3(b).