# 2024-112 Releases, Medical Condition, Medical Employment Limitation, Release, Universality of Service Principle

Case summary

F&R Date: 2025-02-07

The grievor grieved the Canadian Armed Forces' decision to order his release under item 5(a) in the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces, “Service Completed - Retirement age.” Specifically, the grievor disagreed with the conclusions of the administrative review (AR), which recommended that he be retained in his position despite his medical employment limitations (MELs). In the grievor's opinion, his medical file demonstrated that he was physically unable to perform well and carry out his duties adequately. As a result, the grievor alleged that he was unable to meet the Universality of Service (U of S) requirement. As redress, the grievor requested that his case be re evaluated to allow him to be medically released under item 3(b), which would enable him to obtain the benefits that accompany this type of release.  

The Commanding Officer of 1 Canadian Mechanized Brigade Group Headquarters and Signal Squadron, acting as the Initial Authority, denied the grievance after determining that the grievor had filed his grievance outside of the prescribed time frames and that the reasons given for the delay in filing were not justified. 

The Committee found that the MEL AR's conclusion that the grievor could be assigned to adapted duties in his unit's Headquarters and that this assignment was aligned with the U of S principle was reasonable and did not justify a medical release. The Committee therefore concluded that the reason for release had been correctly attributed and that, consequently, the decision to proceed with the release under item 5(a) was justified under the circumstances. The Committee recommended that the Final Authority not grant the redress requested.