# 2019-029 Careers, Occupational transfer, Release - Medical, Relinquishment of rank

Case summary

F&R Date: 2019-11-14

The grievor underwent a voluntary occupational transfer (OT), which included a relinquishment of rank from Sergeant (Sgt) to Corporal (Cpl). During initial training in the new occupation, the grievor was seriously injured, which precluded her from continuing training and ultimately resulted in her being medically released from the Canadian Armed Forces (CAF) four years later. The grievor requested that she be permitted to OT back to her former occupation at her former rank, as being released at the lower rank would result in a significantly reduced pension income.

The Initial Authority found that the grievor could not OT back to her former occupation as, subsequent to her injury, she was never able to meet the medical standards for that occupation. Furthermore, once her medical condition stabilized, it was determined that she no longer met the Universality of Service (U of S) standards for continued service in the CAF.

The Committee found that the grievor did not meet the criteria for an OT to her former occupation as, at no time following her injury, did she meet the minimum medical standards for that occupation. The Committee noted that the CAF provided the grievor with ongoing treatment with the hope that she would be able to continue training in her occupation, but ultimately her medical condition no longer met the U of S criteria and a medical release was warranted.

Although the Committee found that the grievor had not been aggrieved, the Committee considered the grievor's circumstances to be unique and deserving special consideration. Recognizing that the grievor would suffer a financial loss in having her pension and veteran's benefits calculated based on the rank of Cpl instead of Sgt, the Committee recommended that the Final Authority (FA) consider providing the grievor an ex gratia payment to offer some compensation for her financial loss.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's recommendation to deny the grievance; but disagreed with the recommendation to consider making an ex gratia payment to the grievor. The FA agreed with the Committee's finding that it would have been premature to consider career options such as Voluntary Occupational Transfer or Compulsory Occupational Transfer while the grievor was under a temporary medical condition below her previous occupation medical minimum standard. The FA noted that once permanent medical employment limitations were assigned, the appropriate administrative review process was initiated and concluded that a medical 3(b) release was necessary. The FA found that the grievor's file was administered in accordance with applicable CAF policies.