# 2019-054 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2019-12-17

The grievor challenged an initial counselling (IC) for a conduct deficiency she was issued for a purportedly disrespectful and uncooperative interaction with a Military Police (MP) officer. She disputed the MPs account of the interaction. As redress, the grievor asked for removal of the IC form her service records.

The Initial Authority found that there was reliable evidence to demonstrate that the grievor had been disrespectful to both the MP and her chain of command and that an IC was the most appropriate remedial measure in the circumstances.

The Committee examined the circumstances of the grievor's interaction with the MP and found that her rude and inappropriate remarks were aggravated by her refusal to obey the MP's lawful order. Noting that the grievor did not dispute the events that led to the MP's involvement, the Committee also found that the MP's account of the incident was more credible than the grievor's. Accordingly, the Committee concluded that there was reliable evidence to establish, on a balance of probabilities, that the grievor's conduct had breached the Canadian Armed Forces standard of respect provided in the Department of National Defence and Canadian Forces Code of Values and Ethics.

The Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The FA agreed that an IC was appropriate to address the grievor's deficiency but directed that the IC on file be replaced with a new one which amplified the description of the deficient conduct.