# 2019-010 Releases, Release, Release - Compulsory, Release - Voluntary

Case summary

F&R Date: 2020-05-28

The grievor contested the reason for his release from the Canadian Armed Forces (CAF), which was recorded as item 4(c) (Voluntary – On Request) rather than as item 5(c) (Service Completed) of the table to the Queen's Regulations and Orders for the Canadian Forces article 15.01. The grievor claimed that being released under item 4(c) unfairly deprived him of certain benefits that he would have been entitled to if he had been released under item 5(c). According to him, the terms of service given by the CAF upon his reenrolment in an officer position should have been amended at the time of his compulsory occupational transfer to a non commissioned member occupation. That would have allowed him to complete his service on the desired release date and be released under item 5(c).

The Initial Authority (IA) found that the existing policies did not require the grievor's terms of services to be amended at the time of his compulsory occupational transfer because the terms of service allowed him to complete the required minimum service period for his new occupation. As a result, the IA did not grant redress.

The Committee found that the grievor's terms of service had been administered in accordance with the applicable provisions. The Committee also found that the appropriate reason for the grievor's release was item 4(c) because he requested his release before completing the period of service he had agreed to serve. As a result, the Committee recommended not granting redress.

FA decision summary

The Director of the Canadian Forces Grievance Authority, acting as the Final Authority (FA), agreed with the Committee's recommendation to deny the grievance. The FA noted the difference between obligatory service requirements and terms of service. While the Committee had understood from the facts that the grievor's transfer was compulsory, the FA pointed out that the grievor's transfer was actually voluntary. However, this has no bearing on the duration of the terms of service, which are never reduced. The FA also concluded that release item 4(c) (Voluntary – On Request – Other causes) was appropriate because there was still time remaining in the grievor's current terms of service, and he did not meet the criteria for a 5(c) release.