# 2021-216 Pay and Benefits, Obligatory Service

Case summary

F&R Date: 2022-06-14

The grievor disputes the obligation to refund the pay and allowances received during their subsidized education at Royal Military College as a result of voluntarily releasing from the Canadian Armed Forces (CAF) prior to fulfilling their period of Obligatory Service (OS).

The Commander Military Personnel Command, acting as the Initial Authority (IA), denied the grievance. The IA found that the grievor had signed a Statement of Understanding agreeing to the terms and conditions of the subsidized education that he received. In accordance with article 15.07 of the Queen's Regulations and Orders for the Canadian Forces (QR&O), the IA found that the grievor was subject to repayment of the costs associated with their subsidized education as they had not completed serving their period of OS when they voluntarily released. Furthermore, the IA found no indication that their release was the result of special or unforeseen circumstances. As such, the IA concluded that the recovery of the grievor's pay, and allowances received during their period of subsidized education, was justified.

The Committee found that the grievor was properly enrolled in both the CAF and the Regular Officer Training Plan. The Committee found that the grievor could not avoid his obligations in respect of his subsidized education as he did not incur any financial obligations or OS until after he reached the age of majority.

The Committee concluded that the decision to recover the pay and allowances received by the grievor during their subsidized education was justified in accordance with QR&O article 15.07, as a result the grievor's voluntary release prior to fulfilling their period of OS.

The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.