# 2022-299 Careers, Administrative Review Process, Judge Arbour Rec. 10 – sexual-related files, Release - Conduct/Performance, Release - Recommendation 10, Release - Reserve

Case summary

F&R Date: 2024-07-23

The grievor contested the Administrative Review (AR) conducted by the Director Military Careers Administration (DMCA) and their compulsory release under item 5(f) (Unsuitable for Further Service) of the table to article 15.01 – Release of Officers and Non-commissioned Members, of the Queen's Regulations and Orders for the Canadian Forces. The grievor disputed the legitimacy and fairness of the AR process and claimed that there were no grounds to the allegation that he had breached the ethical principles, expected behaviours, or core values of the Canadian Armed Forces (CAF).

The Initial Authority determined that in reaching a decision the DMCA's review had focused on several instances of inappropriate conduct, and, as such, the decision to release the grievor from the CAF under item 5(f) was justified.

The Committee found that the DMCA's decision to conduct an AR and consequently, the determination to release the grievor from the CAF under item 5(f), were based on a considerable number of occurrences in which the grievor displayed conduct unbecoming of a CAF member. Therefore, the Committee recommended that the Final Authority not afford the grievor redress.