Denial of Imposed Restriction Status – CANFORGEN 184/12 subparagraph 7(d)

Topic

Denial of Imposed Restriction Status – CANFORGEN 184/12 subparagraph 7(d)

Case number

• 2017-071 (F&R date: 2017-08-11)

Issue

The denial of Imposed Restriction (IR) status based on subparagraph 7(d) of Canadian Forces General Message (CANFORGEN) 184/12 for members who were already occupationally qualified when they re-enrolled or component transferred into the Regular Force  has been the subject of several grievances received by the Committee.  Although this issue first arose in 2012, recent Final Authority (FA) grievance decisions have changed the way that subparagraph 7(d) of CANFORGEN 184/12 is being viewed and applied.

The FA, through his grievance decisions, has recognized the ambiguity of subparagraph 7(d) that existed prior to the clarification issued in CANFORGEN 034/15.  Based on that observed ambiguity, in Committee file 2016-127, the FA approved an IR request for a grievor who was previously denied IR.

Although few in number, it is possible that there may be other Canadian Armed Forces (CAF) members who were also denied IR status between 2012 and 2015 on the basis of subparagraph 7(d), and who nonetheless proceeded to their first posting unaccompanied at their own expense.  In light of the position that the FA has adopted on this matter, it is only right that all such files should receive the same consideration and treatment as that afforded to the grievor in file 2016-127.

Recommendation

Given the difficulty involved in trying to identify affected members after the fact, the Committee recommended that the CAF issue a CANFORGEN message inviting members who were denied IR between 15 October 2012 and 23 February 2015 on the basis of subparagraph 7(d) of CANFORGEN 184/12 to report to the unit Administration authorities to have their cases re-examined to determine if they may qualify.

FA Decision

The FA granted the grievance but did not address the systemic recommendation.