# 2020-124 Careers, Allowance - Loss of Operational Allowances, Repatriation

Case summary

F&R Date: 2021-06-26

The grievor was repatriated early from Operation IMPACT. The grievor contended that his repatriation was due to medical reasons and should therefore be entitled to Allowance - Loss of Operational Allowances (ALOA). The Commander Canadian Special Operations Forces Command, acting as the Initial Authority (IA), found that the grievor was repatriated due to interpersonal conflicts and there was no medical recommendation that the grievor was unfit to remain in theatre. As a result, the IA concluded that the grievor was not entitled to ALOA and denied the grievance.

The Committee noted that the IA utilized the wrong version of the applicable Compensation and Benefits Instruction (CBI) 205.536; one that was in effect after the grievor's repatriation. The Committee determined that the grievor became ill as a direct result of conditions of his deployment, to the degree that early repatriation was necessary. In accordance with the CBI in effect at the time of the grievor's repatriation, the Committee found that the grievor qualified for ALOA for the entire period of his deployment, despite being repatriated early. The Committee recommended to the Final Authority (FA) that the grievor be compensated for ALOA for his entire deployment.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agrees with the Committee's findings and recommendation to afford the grievor redress.