# 2018-003 Careers, Relinquishment of Rank

Case summary

F&R Date: 2018-08-08

As a result of difficulties during his training, the complainant, an officer at the rank of Sub-Lieutenant, was transferred to the rank of Private. The complainant contested the rank and rate of pay assigned at the time of his transfer, submitting that he was eligible for the rank and pay of Corporal (Cpl).

The Director General Military Careers, acting as the initial authority, determined that the complainant's transfer was in accordance with the applicable policies and the complainant did not meet the eligibility criteria for the rank of Cpl.

The Committee noted that according to Canadian Forces Administrative Order 49 4, the promotion to the rank of Cpl requires Qualification Level (QL) 5. Since the complainant did not hold this QL, he was not eligible for the rank of Cpl. As for the rank of acting Cpl (lacking qualification) (Cpl (AL)), it may be authorized if the member holds QL 3. The complainant had not reached QL 3. The Committee therefore concluded that the complainant was not eligible for the rank of Cpl (AL).

The Committee also noted that, in accordance with the Compensation and Benefit Instruction 204.03(6), pay protection does not apply to transfers considered voluntary. The complainant's transfer was caused by his academic difficulties, which, according to the policy, constitutes a voluntary transfer. The Committee therefore concluded that the complainant was not eligible for pay protection.

The Committee recommended that the grievance be denied.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as the Final Authority (FA), expressed agreement with the Committee's recommendation to deny the grievance. First, the FA noted that the grievor had not qualified as an officer and, at the time of his transfer, he was on the Basic Training List. He therefore did not meet the criteria for promotion under Canadian Forces Administrative Order 49-4. The FA explained that a member must be qualified for the rank and have completed the required training in order to be promoted to the rank of acting corporal. He noted that the grievor had not completed the Qualification Level 3. The FA therefore agrees with the Committee's findings and recommendations and finds that the grievor was treated fairly and in accordance with the applicable policies.