# 2024-228 Releases, Release - Compulsory, Release - Medical

Case summary

F&R Date: 2025-07-21

The grievor contested the Canadian Armed Forces (CAF) decision to order his release under item 3(b) of the table to article 15.01 under the Queen's Regulations and Orders for the Canadian Forces. That item reads as follows: “On medical grounds, being disabled and unfit to perform duties in present occupation or employment, and not otherwise advantageously employable.” Specifically, the grievor believed that he could continue to serve in the CAF without contravening the principle of universality of service (U of S) and relied on the opinion of a medical specialist who said that the grievor's problem was very minor and did not pose complications on a daily basis. As redress, the grievor requested that the decision to release him be reconsidered, or failing that, that his military service be extended beyond April 1, 2025.

The Director General Military Careers, acting as the Initial Authority, rejected the grievance after finding that the grievor had filed it outside the prescribed time limits and that the reasons given for the delay were not justified.

The Director Medical Policy informed the Committee that he had reviewed the file again in March 2025 to provide the grievor with a fair and complete assessment. The review confirmed that the medical employment limitations (MEL) attributed to the grievor, which were highly likely to contravene the U of S, were necessary in light of medical and operational considerations.

After examining the evidence in the file, the Committee established that the conclusion of the administrative review, according to which the MEL imposed on the grievor contravened the principle of U of S, were reasonable and warranted a release on medical grounds. As a result, the Committee found that the reason for release had been correctly attributed, and the release decision under item 3(b) was justified in the circumstances. The Committee recommended that the Final Authority not grant the requested redress.