Relinquishment of Rank for Military Training Plan

Topic

Relinquishment of Rank for Military Training Plan

Case number

• 2011-077 (F&R Date: 2011–10–31)

Description

The grievor, a senior officer, was accepted for a Military Training Plan (M Plan) under Canadian Forces Administrative Order (CFAO) 9-62.  The M Plan requires that an applicant accepted into the Plan voluntarily relinquish their rank to Captain (Capt) on the start of training and prior to the actual occupational transfer (OT) on completion of training.  The grievor indicated his willingness to relinquish his rank but argued that, having made special arrangements, he did not actually make a request to do so and thus no relinquishment took place.  The grievor was subsequently retroactively reverted some 26 months after starting the training.  The Board found that the relinquishment was not administered in accordance with regulations and was thus null and void.

The Board agreed that there were valid reasons for imposing relinquishment of rank upon OT under the M Plan but questioned the requirement for relinquishment at the commencement of training.  The Board found that there appeared to be no regulatory, financial or military reason to demand that M Plan candidates at the rank of Major or higher, relinquish their rank at the start of the M Plan training, in some case years prior to any actual OT. 

Recommendation

The Board recommended that the Chief of the Defence Staff (CDS) direct a review of the CFAO 9-62 policy regarding the rank required while undergoing training.

The Board also recommended that the CDS direct that a formal process be put in place for senior officer M Plan candidates to request permission to relinquish their rank and for the CDS to approve or deny it, in order to conform to regulations.

Final Authority Decision

The CDS did not endorse the Board's systemic recommendation. He was of the opinion that once a member indicates his willingness to a rank reversion when he applies to a program under CFAO 9-62, the permission to revert this member is implied by the same disposition once the member is selected.