# 2017-075 Releases, Release - Conduct/Performance, Release - Medical

Case Summary

F&R Date: 2018–02–27

The grievor was released from the Canadian Armed Forces under item 5(f) - Unsuitable for Further Service. The decision to release resulted from an administrative review (AR) into misconduct involving illicit drugs. The AR also considered various incidents of misconduct, including an alleged sexual assault that happened a few months before the drug-related incident. The grievor argued that his supervisors were spitefully trying to release him. He contends that the incidents reported by his supervisors are minor in nature and insufficient to justify a release under item 5(f). Finally, the grievor claimed that, given he was imposed medical employment limitations, he should have been released under item 3 (b) - On Medical Grounds.

The grievor's supervisors contend that his misconduct history, including the drug-related incident and the alleged sexual misconduct, warrant a release under item 5(f). The AR found that, while the medical limitations breached the bona fide occupational requirement of his occupation, they did not breach the Universality of Service principle, and as such, a medical release is not justified.

The Committee first found that the drug-related incident was serious enough to trigger the AR. It then found that the grievor's personnel file contains numerous disciplinary, remedial and administrative measures, even from the early years of his career. Hence, the Committee concluded that, given the grievor's history of misconduct, and given the nature of the most recent incidents, release under item 5(f) was justified. Therefore, the Committee recommended denying the grievance.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation to deny the grievance. The CDS stated that he did not believe that initiating a remedial measure in response the misconducts and breaches of Canadian Armed Forces policies would have any reasonable chance of assisting the grievor to improve his conduct. The CDS found that release was therefore the most appropriate administrative action to address the deficiencies. The CDS agreed that the grievor's breaches of the Canadian Forces Drug Control Program and Drug Treatment and other policies and regulations justified the grievor's release under item 5(f). The CDS also explained that a decision from the Veteran Review and Appeal Board, in which the board found that a medical condition caused by harassment in the workplace was a service related injury, was insufficient to prove harassment under the Defence Administrative Orders and Directives 5012-0 given the lack of specifics incidents.