# 2014-009 - Promotion, Registered Nurse Enrollment Plan (RNEP)

Case Summary

F&R Date: 2014–06–04

The grievor enrolled as a Direct Entry Officer (DEO) and in accordance with the policy was promoted to Second Lieutenant (2Lt) on completion of his Basic Officer Training Program. Following his withdrawal from occupation training, the grievor was allowed to transfer to an occupation that required a specialized university degree. The transfer occurred under a modified entry plan; however the reassignment instruction indicated that all Regular Officer Training Plan (ROTP) guidelines would apply. The grievor believes that he should have been treated similar to other Canadian Armed Forces (CAF) members who enter the same plan by being promoted to Lieutenant (Lt) upon transfer to the modified entry plan and then promoted to Captain (Capt) upon becoming qualified in his new occupation.

The Director General Military Careers, acting as the Initial Authority (IA), denied the grievance. He observed that the grievor's reassignment was administered irregularly and that no authority existed for the grievor's modified enrolment plan. The IA observed that the grievor did not meet the minimum entry standards to join his new occupation as a DEO nor the specialist entry plan. Furthermore, the grievor could not have transferred as an ROTP candidate since this plan was available to civilians. Finally the IA could not find where the grievor was disadvantaged when compared to his ROTP colleagues since they would remain at the rank of Officer Cadet (OCdt) while attending university, as opposed to the grievor who kept is rank of 2Lt.

The Committee found that there was no authority for the modified entry plan and that the grievor did not meet the entry requirements for any plan. Further, the Committee found that the only possibility for the grievor to enter into the specialist occupation would have been for him to release and re-enroll under the ROTP. Therefore, the Committee found that the grievor's career progression should have been in accordance with the ROTP guidelines and the grievor's promotions to Lt and Capt were administered correctly. The Committee also observed that if the grievor re-enrolled as required by the ROTP, he would have underwent his studies at the rank of OCdt because there was no plan that would support his subsidized education at the rank of 2Lt. However, given that a significant amount of time had passed and that entry plans fall within the Chief of the Defence Staff's (CDS) authority, the Committee found that it would be appropriate for the CDS to retroactively approve the grievor's modified entry plan.

The Committee recommended that the CDS deny the grievance.

CDS Decision Summary

CDS Decision Date: 2014–08–20

Case withdrawn at Final Authority Level.