Appealing a Release

[Michael OLeary]

Start here for guidance on the Grievance process:

http://www.cfga-agfc.forces.gc.ca/gri-pla/index-eng.asp

 

[McG]

How does one go about appealing a release decision?

What stage is this process at?  Do you have a decision message from DMCA, or have you simply received the message advising you that an AR has been initiated to consider a 5(d) release?  Between the first message and the decision message, you would have received a disclosure message from DMCA that contains all of the documented factors to your case & a DMCA analyst"s assessment of the case - in the disclosure package you would have been required to sign a page in one of two locations - the first location indicates you have received and do not intend to contest while the second location indicates that you have received, do not agree and will provide written representations against the package within two weeks: you get to choose which of the two locations to sign & both are visible on the same page.

If this is a 5(d) release, then it was probably unit initiated and you should have been presented with an NoI Release prior to an AR being opened in Ottawa.

If you are still somewhere in the process prior to the disclosure package being received, then you are best to await that point.  If a decision has been made, then you probably need to consider the grievance iaw Chapt 7 QR&O - this grievance must be submitted prior to your release date because you only have a right to grieve as long as you are a service member.

Don't waste the time of either JAG or IPSC (unless you happen to be posted to the IPSC).  This is an administrative issue & not a legal or pers support issue.  It is the responsibility of you home unit CoC to assist you through this process.  If you feel there is a medical component to this, then you need that diagnosis from the base clinic.

 

[Journeyman]

Well, I believe they are medically liable for me as they enrolled me with a condition they were fully aware of.

And THIS should be highlighted in all of the recruiting threads where people post, "I have [insert disqualifying/limiting medical factor here] but the CF owes me a job...."  :


OK, now because we have nothing to base our views on, other than what you've told us, I suspect that you were enrolled with some limiting medical condition, giving you the opportunity to prove that you could meet the requirements.

I'm guessing that you failed to meet the standard, and now you're looking for administrative loopholes (ie - the CF is now somehow "medically liable") in order for you to stay on the gravy train.

In the absence of any contradictory details, I suspect you've used your quota of CF training time and effort.
Good bye.