# 2024-048 Careers, Release, Release – Reserve, Release - Voluntary

Case summary

F&R Date: 2025-09-02

The grievor disputed his delayed voluntary release from the Canadian Armed Forces, contending that he was legally entitled to release upon completion of his period of Class “B” Reserve Service. The grievor claimed that delaying his release was punitive and had detrimental effects on his pension and prevented his access to Veterans Affairs Canada services. As redress, the grievor requested his release be backdated to the day before his 50th birthday and that he be granted pay and recognition of the days of Class “A” Reserve Service he worked on his grievance. 

As the Initial Authority did not render a decision within the required timeline, the grievor requested that his grievance be forwarded to the Final Authority (FA) as per article 7.15 of the Queen's Regulations and Orders for the Canadian Forces. 

The Committee first noted that the implications on the grievor's pension would have occurred regardless of a delay in his release, as such were deemed irrelevant to the grieved matter. The Committee found that as the grievor had not yet been lawfully released and had not yet reached Compulsory Retirement Age, he did not have a right to release upon completion of his period of Class “B” Reserve Service. The Committee further found that it was reasonable for the grievor's Commanding Officer to delay his release given an ongoing investigation of alleged misconduct, pursuant to Defence Administrative Orders and Directives 9005-1, Sexual Misconduct Response. As such, the Committee found the grievor had not been aggrieved and recommended that the FA deny redress.