# 2020-128 Releases, Release - Conduct/Performance

Case summary

F&R Date: 2021-10-05

The grievor was convicted by a civilian court of a serious offence, and his sentencing included incarceration. As a result, the Director Military Careers and Administration directed that the grievor be released from the Canadian Armed Forces (CAF) under item 2 (a) of the table to Queen's Regulations and Orders Chapter 15. The grievor contended that he should have been released under item 3 (b) or 5 (f), stating that his mental health and wellbeing had been on a drastic decline for a number of years.

The Director General Military Careers, acting as the Initial Authority found that the grievor's unsatisfactory civil conduct, resulting in a conviction by a civilian court, was a serious offence and reflected discredit to the service. He determined that a 2 (a) release item was most appropriate, and that the grievor was treated fairly in accordance with applicable regulations and policies.

The Committee noted that, according to CAF policies, a release item should reflect the primary reason for a member's release. The Committee found that, given the grievor's serious misconduct which led to a conviction and a sentence of incarceration, this clearly placed the grievor within the scope of a 2 (a) release item. The Committee found that an item 2 (a) release was reasonable and justified in the circumstances.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation to deny the grievance. The CDS found that the grievor's medical condition was not the cause of his behaviour that constituted misconduct. The CDS found that the item 5(f) was no longer the most appropriate release item in light of the grievor's criminal conviction of a serious nature and that the release item 2(a) was the most appropriate considering that the grievor's misconduct brought discredit to the Canadian Armed Forces.