# 2018-027 Releases, Post-Traumatic Stress Disorder, Release - Conduct/Performance, Release - Medical

Case summary

F&R Date: 2018-11-22

The grievor challenged the decision to release him from the Canadian Armed Forces under item 5(f) to the table of article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. He argued that since he was no longer medically fit at the time of his release, he should have been released under item 3(b) for medical reasons. He also contended that he had been diagnosed with post-traumatic stress disorder (PTSD), as a result of his tour of duty in Afghanistan, and that his misconduct issues were likely caused by his PTSD.

The Initial Authority (IA) stated that the primary reason for the grievor's release was his serious misconduct over a prolonged period. The IA found that although PTSD may have contributed to the grievor's behavioural issues it was not the primary cause.

The Committee found that the grievor's misconduct issues existed long before his duty in Afghanistan or his PTSD diagnosis. As such, the Committee did not agree that his misconduct was caused by his PTSD. The Committee found that the conduct, being criminal in nature, was serious enough to warrant an item 2(a) release. However, the Committee acknowledged that the grievor's medical condition may have contributed to, or exacerbated the grievor's behavioural problems and therefore concluded that 5(f) was the most appropriate release item. The Committee recommended that the grievance be denied.