# 2021-072 Releases, Medical Employment Limitation, Release - Medical

Case summary

F&R Date: 2021-12-20

Although the grievor acknowledged that his chronic medical condition, as well as the associated Medical Employment Limitations (MEL), placed him in breach of the Universality of Service principle, he disagreed that he should have been released from the Canadian Armed Forces. He argued that his condition had shown improvement but that it had not been reflected in his medical file. The grievor stated that his MEL are out of date due to these improvements in his condition and that they are preventing him from returning to work. As redress, the grievor requested to have his medical release rescinded and his MEL reassessed, and that he be allowed to undergo a gradual return to work.

The Acting Director General Military Careers, acting as Initial Authority, rejected the grievance on the grounds that it was submitted beyond the prescribed time limits and that the grievor failed to provide sufficient substantiation for the delay.

The Committee conducted a review of the Administrative Review (AR) / MEL process that determined the grievor would be medically released and found that it had been conducted fairly and in accordance with the applicable policy. The Committee also noted that although the grievor initially indicated he would make representations to the AR/MEL disclosure, when his chain of command followed up with him, he declined to do so. With respect to the MEL assigned to the grievor, the Committee found that while the grievor had shown some improvement, it was not substantial enough to warrant a change of his MEL as he continued to suffer setbacks in his recovery. The Committee found that the decision to medically release the grievor was appropriate and done in accordance with the applicable polices.

The Committee recommended to the Final Authority to deny the grievor redress.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.