# 2019-246 Careers, Special Commissioning Plan

Case Summary

F&R Date: 2021–03–10

The grievor was commissioned to the rank of Captain (Capt) under the Special Requirements Commissioning Plan (SRCP). With his experience, he argued that he merited commissioning to the rank of Major (Maj). He also complained that he was paid less as a Capt than he had been as a Chief Warrant Officer. As redress, he requested that he be commissioned in the rank of Maj.  

There was no Initial Authority (IA) decision as the IA was not able to render a decision within the prescribed four months and the grievor did not grant an extension.

The Committee noted that the SRCP required applicants to have completed at least one two-year appointment at a category level 0, 1 or 2 position in order to be nominated for commissioning and employment as a Maj under the SRCP. The Committee found that the grievor's employment in a category level 3 position did not qualify.  

The Committee acknowledged that the grievor's pay was slightly less after his commissioning to Capt. However, the Committee found that his rate of pay as a Capt was in accordance with the provisions of the Compensation and Benefits Instruction (CBI) 204.21, and that the Canadian Armed Forces has no authority to pay the grievor more than the Treasury Board approved rate provided by the CBI. The Committee recommended that redress not be granted. 

FA Decision Summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority agreed with the Committee's recommendation that the grievor not be granted redress. The FA found that the grievor was appropriately commissioned as a Capt under the Special Requirements Commissioning Plan, and although the resulting decrease in pay was unfortunate, there was no authority to exceed the maximum rate of pay of a Capt.