# 2019-242 Careers, Misuse of alcohol, Recorded warning

Case summary

F&R Date: 2020-10-28

The grievor challenged a recorded warning (RW) he received for a conduct deficiency involving alcohol after he was arrested in a bar fight.

The Initial Authority rejected the grievance as having been submitted outside of the statutory time limit; however, the Final Authority (FA) accepted the grievance in the interests of justice.

After careful consideration of the police and court records of the incident leading to the RW, the Committee found clear and convincing evidence that the grievor committed assault with a weapon against the bar manager and that alcohol was a factor in the assault. In accordance with Defence Administrative Order and Directive (DAOD) 5019-4, Remedial Measures, the Committee also found that an RW was the most appropriate remedial measure in the circumstances.

The Committee found no evidence that the grievor's commanding officer notified the Director Military Careers Administration of the grievor's misconduct before issuing him the RW. It also found that the action plan to overcome the deficiency was not carried out during the monitoring period. Accordingly, the Committee found that the RW was not issued in accordance with DAOD 5019-4 or DAOD 5019-7, Alcohol Misconduct. It noted, however, that the Chief of the Defence Staff (CDS) or his delegate, can adjust these procedural defects through the de novo review in the grievance process.

The Committee recommended that the Final Authority (FA) not afford the grievor redress. It also recommended that the RW remain on the grievor's personnel records, with amendments identifying the CDS or the delegated FA as the initiating authority for the RW, and a notation indicating that the monitoring period has been completed.

FA decision summary

Grievance withdrawn.