Linking Defence Administrative Order and Directive 5023-2 - Physical Fitness Program to Defence Administrative Order...

Topic

Linking Defence Administrative Order and Directive 5023-2 - Physical Fitness Program to Defence Administrative Order and Directive 5019-4 - Remedial Measures

Case number

• 2011-108 (F&R Date: 2011–12–14)

Description

The Board reviewed a grievance where a grievor, over a period of time, was placed on counselling and probation (C&P) twice for having failed to meet the minimum physical fitness standard (MPFS).  During the monitoring period of his second C&P, the grievor failed the Canadian Forces (CF) EXPRES test. As a result, the remainder of the monitoring period was cancelled and release proceedings were initiated.  One day before the effective date of his release, the grievor attempted and passed the CF EXPRES test.

The Board noted that Defence Administrative Order and Directive (DAOD) 5019-4 - Remedial Measures offers a much more adaptable approach compared to the previous policy which left little room for discretion.  In fact, under the current scheme, as demonstrated by the case at hand, it would seem possible for a CF member to be placed on C&P more than once for the same deficiency.  Notwithstanding, in the circumstances, the Board found that in accordance with DAOD 5019-4, the decision to initiate release proceedings was within the range of possible "consequential actions".

However, the Board also noted that DAOD 5023-2 - Physical Fitness Program contains a table that sets out the administrative process for CF members who fail to meet the MPFS for reasons within their control.  This process consists of four steps.  Step 3 indicates "the CF member is placed on C&P, and in a remedial physical fitness training program for twelve weeks normally".   The grievor participated in remedial physical fitness training, was reassessed approximately 10 weeks later and failed his CF EXPRES test.  In the Board's view, the chain of command should have followed step 4 of the process:  the grievor should have remained on C&P, placed in further remedial physical fitness training program for 12 weeks and re-evaluated one more time.  In the case at hand, the grievor was released without the benefit of step 4.

The Board noted that although DAOD 5023-2 is listed as a related reference at the end of DAOD 5019-4, there is no other link from the generic to more specific policy.

Recommendation

Given the stringency of the physical fitness policy, the Board suggested that it may be of benefit to include a reference to DAOD 5023-2 - Physical Fitness Program within the body of DAOD 5019-4 - Remedial Measures, similarly to the "Definitions" section of DAOD 5019-4 which refers to the more detailed policies of DAOD 5019-7 -Alcohol Misconduct, DAOD 5019-3 - Canadian Forces Drug Control Program, and DAOD 5019-5 - Sexual Misconduct and Sexual Disorders. 

Final Authority Decision

The CDS agreed with the Board's systemic recommendation that DAOD 5023-2 be referred to within the body of DAOD 5019-4; he directed the CMP to examine the ssue and determine whether changes to these DAODs are required.