# 2023-020 Releases, Release - Conduct/Performance

Case summary

F&R Date: 2024-08-26

The grievor underwent an administrative review (AR) when the investigation report from the Military Police (MP) and the Canadian Forces National Investigation Service concerning offences related to the possession of prohibited weapons (some of which possibly originated from the Canadian Armed Forces (CAF) was forwarded to the chain of command. The AR resulted in him being released under item 5(f). The grievor argued that the circumstances in which the events occurred were not taken into consideration during the process of deciding to release him. He justified his actions by referencing standard practices and orders received from superiors. The grievor considered the sanction imposed unjust and abusive in the circumstances.

The initial authority (IA) concluded that the grievor had not been aggrieved. The IA considered that the grievor had contravened CAF policies and that the grievor's conduct was incompatible with that expected of a CAF member.

The Committee found that the grievor knew or ought to have known that his actions did not comply with the applicable provisions, especially given his role as a member of the MP. The Committee found that the grievor's behaviour was unethical and contrary to the code of conduct, and concluded that the decision to release him under item 5(f) was justified in the circumstances.

The Committee recommended that the Final Authority not grant the redress requested.