# 2019-111 Releases, Component Transfer, Medical Condition, Release - Voluntary

Case summary

F&R Date: 2020-03-12

The grievor was assigned a temporary medical category and medical employment limitations. The Committee had to determine whether the decisions to transfer the grievor from the Regular Force (Reg F) to the Supplementary Reserve (Supp Res) under release item 4(b) - Voluntary - On Completion of a Fixed Period of Service, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces and to reject his subsequent requests to return to service in the Reg F and the Primary Reserve, due to his medical category, were appropriate and in accordance with the applicable policies.

The Commander Canadian Forces Health Services Group, acting as the Initial Authority, could not determine the grievance within the time limit.

The Committee found that the medical category assigned to the grievor prior to his component transfer to the Supp Res was appropriate and in accordance with policy. The Committee also found that the grievor could have continued to serve in the Reg F if he had not requested a voluntary release. 

The Committee made another finding that the Canadian Armed Forces incorrectly applied re-enrolment policies and medical standards to the grievor's request for a component transfer and that this error caused him significant confusion and stress. 

The Committee recommended that the Final Authority consider granting an ex gratia payment for the confusion and stress the grievor suffered in his attempts to pursue a component or sub-component transfer.