# 2019-075 Pay and Benefits, Entitlement to Posting Allowance, Military Foreign Service Instruction

Case summary

F&R Date: 2020-02-20

The grievor contested the recovery of foreign service benefits (FSB) and posting allowance (PA) he had received when he was incorrectly issued a posting instruction to accompany his spouse on her outside of Canada (OUTCAN) posting. The Committee found that the grievor had not been posted to a place of duty OUTCAN but was there as a dependent of his spouse. Consequently, the Committee found that the grievor was not entitled to FSB or PA.

FA decision summary

The Final Authority (FA), the Chief of the Defence Staff, found that the grievor was treated in accordance with the relevant policies and agreed with the Committee that the grievor was not entitled to a PA or FSB.

The FA indicated that, as a member participating by distance learning in the Initial Baccalaureate Degree Program and proceeding to an OUTCAN posting as the service spouse of another Canadian Armed Forces member, there had been no need for the grievor to relocate to fulfil any duties. Accordingly, the grievor's place of duty was not technically OUTCAN, and the grievor's initial posting message should not have indicated the grievor was posted OUTCAN. The FA found that the grievor's correct status was "dependant" and directed an audit be conducted to ensure the grievor's spouse received all related benefits.