# 2015-210 Careers, Cadet Instructor Cadre (CIC), Removal from Military Duties

Case Summary

F&R Date: 2015–10–07

The CAF member grieved a written order from his Commanding Officer (CO) which directed him to report to his CO before performing any other duty. The grievor argued that the order was a relief from duty and that it was inappropriate because it did not follow the process for relief from duty described in the relevant regulations. Subsequent to submitting the grievance, the grievor requested that the Initial Authority (IA) recuse himself because the grievor felt the IA was in a conflict of interest.

The IA found that the order did not contravene the general responsibilities of a CO and was not a manifestly unlawful order. The IA found no evidence of the grievor having been relieved from duty and also found that the grievor's arguments that the IA should recuse himself were without basis.

The Committee found that the grievor's arguments for the IA to recuse himself were without foundation and not sufficiently compelling to warrant a change of IA.The Committee found that there was no support for the grievor's claim that he had been relieved from duty as the CO did not have the authority to relieve him from duty, and no administrative action had been taken to effect a relief from duty as stipulated under the regulations. The Committee also found that the order was not manifestly unlawful and therefore, the grievor's duty as an officer had been to obey it. The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Pending