# 2024-310 Releases, Administrative Review, Medical Employment Limitation, Release - Compulsory, Release - Conduct/Performance
Administrative Review, Medical Employment Limitation (MEL), Release - Compulsory, Release - Conduct/Performance
Case summary
F&R Date: 2025-10-06
The grievor was released from the Canadian Armed Forces (CAF) under article 15.01 of Queen's Regulations and Orders for the Canadian Forces, item 5(f) - Unsuitable for Further Service. The grievor believed that the release authority did not take his service-related medical issues into consideration when making the decision. He argued that his last posting was not representative of his career accomplishments and maintained that he made a sustained effort to demonstrate that he had addressed and overcome his prior deficiencies. As redress, the grievor sought to either be retained in the CAF or to have his medical diagnosis reflected in the release decision.
The Initial Authority (IA), the Director General Military Careers, denied the redress the grievor was seeking. The IA explained that the decision focused on his conduct, particularly his aggressive tendencies under stress. The IA clarified that while a connection between conduct and a disability may exist, it does not automatically justify behaviour that contravenes established regulations.
The Committee found that the grievor had been aggrieved by the CAF's decision to release him under item 5(f). Although the administrative review outlined multiple instances of misconduct throughout the grievor's career and the release item selected by the Director Military Careers Administration was appropriate, the Committee determined that the Director of Medical Policy's assessment of the grievor disregarded the correlation between the behaviour and medical diagnosis and its recurrence. The Committee recommended that the Final Authority considers changing the grievor's release item to 5(d) – Not advantageously employable.