# 2012-143 Releases, Release - Benefits, Reserve Force Retirement Gratuity

Case Summary

F&R Date: 2013–02–08

The grievor sought to have his 4(c) release changed to a transfer to the Supplementary Holding Reserve (SHR), to have two periods of non-effective strength (NES) changed to exempt drill and training (ED&T) and, to have two recorded warnings (RWs) removed from his personnel file.

The Initial Authority (IA) determined that the issues regarding the declaration of NES and the RWs dated back to 1996, were well beyond the six-month time limit for submission, and would not be adjudicated. The IA did agree to consider the issue surrounding the grievor's 1996 release proceedings. Although he denied the grievance, during the course of the investigation, the IA found that an error had occurred in the date of release. The IA directed that the release date be changed from 1996 to 1998.

The Chief of the Defence Staff (CDS) agreed with the IA's finding on the time limit issue and directed that the grievance review at the final authority (FA) level would be limited to reviewing the IA decision regarding the grievor's release in 1996.

The Board noted that the grievor had raised the issue of not being transferred to the SHR in a previous grievance submission wherein the CDS had agreed with the Board that “… a transfer to the supplementary reserve was not an option at that time because if the grievor had not requested a release, the unit would have recommended release under item 5(f) …”. As a result of the previous FA grievance decision, the Board found that it was not open to the IA in the present case to revisit this decision. Accordingly, the Board did not address the issue of whether the grievor's release should be changed to a transfer to the SHR, or any other issues brought forward by the grievor.

Consequently, it was the Board's conclusion that there was no part of the grievance remaining, since the aspect of the actual date of release was not an issue raised by the grievor. Having said this, the Board agreed with the IA that the grievor's date of release was incorrect and needed to be corrected.

The Board recommended that the CDS close the grievance and that he insures the grievor's release date has been changed.

CDS Decision Summary

CDS Decision Date: 2013–07–11

The CDS agreed with the Board's findings and recommendation that the grievance be closed.