# 2021-044 Releases, Release - Voluntary

Case summary

F&R Date: 2021-11-24

The grievor contested the decision by the Director Military Careers (D Mil C) to reject their request for voluntary release from the Canadian Armed Forces (CAF) under item 4(c) (Voluntary – On Request – Other Causes), according to the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces, before the end of their obligatory service. They alleged that forcing them to remain in the CAF, despite the fact that they were willing to reimburse all expenses paid by the Crown for their education, went against the Canadian Constitution.

There is no Initial Authority decision, as the Director General Military Careers was unable to render a decision within the required four-month timeframe. The grievor asked that the grievance be submitted to the Final Authority (FA). 

The Committee noted that the D Mil C had confirmed that the refusal to grant the grievor a voluntary release was based on service requirements. It also noted that the D Mil C had provided two establishment and strength reports to demonstrate that the grievor's trade was considered to be in distress when they submitted their release request. 

That said, the Committee concluded that the needs of the service required that the grievor remain in the CAF. For that reason, the Committee concluded that the decision by the D Mil C, to refuse the grievor's request to be released from the CAF, was reasonable and adhered to the applicable policies.

The Committee recommended that the FA not grant the grievor the requested redress.

FA decision summary

The FA agreed with the Committee's findings and recommendation not to afford redress to the grievor.