# 2019-146 Releases, Release

Case summary

F&R Date: 2021-03-17

The grievor, a re-enrollee Reservist, was challenging his commanding officer's (CO) decision, following an administrative review (AR), to release him under item 5(d) – Service Completed – Not Advantageously Employable, of the table to the Queen's Regulations and Orders for the Canadian Forces 15.01. The grievor claimed that there had been a breach of procedural fairness and challenged the CO's authority to order his release. As redress, the grievor asked to be re-enrolled and transferred to a new occupation.

The Initial Authority concluded that the process had been compliant with policies and that the release decision was justified and, as such, rejected the grievance.

The Committee concluded that, following his re-enrollment, the grievor had not completed training in his occupation within the given timeframe, for reasons under his control. The Committee also found that the AR and release processes were in accordance with applicable policies. Lastly, given the grievor's service record and the circumstances, the Committee concluded that the grievor's release under item 5(d) was justified. The Committee recommended that the Final Authority not grant the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS) is in agreement with the Committee's recommendation to reject the grievance. He concluded that the administrative review process that led to the grievor's release was done in accordance with procedural fairness. Noting that the grievor had not qualified in any military occupation after 12 years of service, the CDS concluded that the decision to release the grievor was justified.