# 2022-110 Careers, Remedial Measures

Case summary

F&R Date: 2023-03-21

The grievor disputed the remedial measure (RM) they received, arguing that there was no evidence to support the alleged performance deficiency.

The Commander Naval Reserve, as the Initial Authority, found that the combination of a credible witness statement, together with the grievor's rank, position and experience, were sufficient to establish, on a balance of probabilities, that the grievor had demonstrated a performance deficiency and the RM should stand.

The Committee found that there was no physical evidence of the alleged performance deficiency, and  no signed witness statement. The Committee concluded that the evidence used by the Chain of Command to issue the RM failed to provide clear and convincing evidence of a performance deficiency. Therefore, the RM should not stand.

The Committee recommended that the Final Authority direct that the RM be expunged from the grievor's personnel record and that any copies be destroyed.