Component Transfer

There are 2 issues related to topic "Component Transfer".

Topic

Component Transfer

Case number

• 2010-068 (F&R Date: 2010–10–27)

Description

Prior to 23 April 2001, non-commissioned members (NCM) of the Reserve Force (Res F) who completed a component transfer (CT) to the Regular Force (Reg F) under an officer training program did not receive credit for their Res F service.

On 23 April 2001, the Assistant Deputy Minister (Human Resources - Military) issued an interim policy such that Res F NCMs would first CT to the Reg F as NCMs and would then be assigned to an officer training program at the appropriate rank.  This interim policy allowed the Res F NCMs to receive the appropriate pay level associated with the equivalency granted prior to transfer to an officer training program (i.e. it recognized and gave credit for their Res F service). 

A number of grievances were submitted by members who had transferred from the Res F via CT to a Reg F officer program prior to 23 April 2001.  The Chief of the Defence Staff (CDS) found in his grievance decisions that the interim policy did not bar a retroactive application and so he granted redress in several cases dating back as far as 1997.  The CDS also directed that the CT policy be reviewed to enable the administrative resolution of similar cases in the future.  In the case at hand, staff at the initial authority level indicated that, although they were aware of the CDS's intent regarding administrative resolution of these types of files, they lacked sufficient direction in terms of how far back they could retroactively apply the interim policy.  The Board observed that CF policy has been recognizing Res F service for Res F NCMs who CT to the Reg F as NCMs since 27 March 1996.

Recommendation

The Board recommended that the CDS direct a review of all CTs that would now fall under the interim policy based upon an effective date of 27 March 1996.

Final Authority Decision

The grievance was resolved informally.

Topic

Component Transfer

Case number

• 2012-119 (F&R Date: 2012–11–29)

Description

On 23 April 2001, the Chief of Military Personnel (CMP) issued an Interim Policy (2001 Interim Policy) providing pay protection for Primary Reserve (P Res) non-commissioned members (NCM) undergoing a Component Transfer (CT) to the Regular Force (Reg F) into an officer entry plan.  Prior to this CMP 2001 Interim Policy, pay protection was only available to P Res members who were already officers or were NCMs transferring to an NCM occupation.

In 2010, the Chief of the Defence Staff (CDS) granted redress in a number of grievances, retroactively applying this pay protection to P Res NCMs who had CT’ed to the Reg F under officer entry programs as far as 1997.  The CDS reasoned that, since the CMP 2001 Interim Policy had not stated an effective date, there was no bar to a retroactive application of that policy.

In the present case, the grievor was a NCM in the P Res who had CT’ed to the Reg F under an officer entry plan in 1973.  He argued that the 2010 CDS grievance decisions effectively removed all bars to retroactively apply the 2001 Interim Policy and, as a result, his 1973 CT should be granted the same retroactive pay protection.

In a previous case, the Board had noted that the CMP 2001 Interim Policy provided a similar type of pay protection on CT to that provided by the CMP’s 27 March 1996 amendment to the Time Credit for Promotion (TCP) policy for P Res CTs to the Reg F.  The Board also noted that the CDS had, in a previous grievance decision, determined that he would not apply the 1996 TCP policy amendment retroactively because it would create disadvantages for some and advantages for others, and would risk the creation of further injustices.  Considering that 27 March 1996 was as far back as the CDS was prepared to go in applying the policy change, the Board recommended making the CMP 2001 Interim Policy formally retroactive to the same 27 March 1996 date.

As a result of his decision in another CT related grievance, the CDS asked the CMP to review the CMP 2001 Interim Policy leading the CMP to issue further direction on 24 June 2010 stating that, in developing a replacement for the Interim Policy, a number of factors should be considered, including the effective date.  The Director Military Careers, Policy and Grievances 2-7 recently confirmed to the Board that a revised policy had not yet been issued, nor had an effective date for the current CMP 2001 Interim Policy been established.

Recommendation

In consideration of the foregoing, the Board recommended that the CDS direct that the effective date for the CMP 2001 Interim Policy on pay protection on CT be formally established as 27 March 1996.

The Board also recommended that the CDS direct a review of all CTs that would now fall under this policy and that they be paid accordingly.

Final Authority Decision

The CDS was of the view that the Committee's suggestion to adopt the 27 March 1996 date, as the effective date for both CMP policies, has merit. Consequently, the CDS directed CMP to conduct a timely review of this matter and confirm a final effective date for the pay protection policy. The CDS did not address the Committee's systemic recommendation that a review be conducted for the component transfers that would fall under this policy.