Canadian Decoration: C.D. [Merged]

[Occam]

Internet link to DAOD 5019-4 - Remedial Measures

Now why didn't I think of posting that link? 

 

[Blackadder1916]

Has CFAO 18-9 The Canadian Forces Decoration been superceded?  It is used to be the enabling order for the CD.  While the previous posts well outline what days are not credited for the CD, has there been a change in policy in awarding the decoration while on remedial measures.  In the old days, being on RW or C&P would (or should) delay the awarding (i.e. recommendation and presentation) of the CD/clasp.  The eligibility date didn't change, you just didn't get the medal until after completing the RW/C&P period.

The (old ?) CFAO 18-9 read:

CONDUCT, EFFICIENCY AND TIME PREREQUISITE

7.  To be eligible for the CD or a clasp the member must have a record of
good conduct.  No member shall be considered to have a record of good
conduct if during the last eight years of claimed service he has been
awarded a punishment by a service tribunal other than a fine or a minor
punishment listed in QR&O 104.13 -Minor Punishments.  For the purposes
of this order, a punishment awarded by a service tribunal outside Canada,
upon conviction of an offence which if committed in Canada would have been
dealt with by a civil court, shall be deemed to be a punishment awarded by
a civil court.

8.  Periods of leave without pay, or periods during which a limitation of
payments was imposed (see QR&O 203.20 -Officers -Regular Force -
Limitations of Payment), or periods of forfeiture for absence without leave
or desertion or a punishment (see QR&O  208.30 -Forfeitures -Officers
and Men) or periods of forfeiture for no services rendered (see QR&O
208.31 -Forfeitures, Deductions and Cancellations -When No Service
Rendered) shall not count for the award of a CD or a clasp.  In addition,
the member shall forfeit one year of service for each 12-month period in
which a punishment, other than a fine or minor punishment, is awarded by a
service tribunal.

9.  Except that periods in respect of which a forfeiture has been imposed
for a period where no services were rendered or as a result of a punishment
awarded by a civil court shall not count as qualifying service, civil
offenses shall not be equated with service offenses but shall, if
considered to be a factor, be referred to NDHQ for a ruling.

10.  When qualifying service is in a British Commonwealth of Nations force
other than the Canadian Forces, the "non-qualifying" conditions specified
in paragraphs 8 and 9 apply to equivalent terms in that other force.

11.  In exceptional circumstances, such as where a member has been granted
an award for brave or meritorious service, the provisions of paragraphs 7,
8 and 9 may be waived by the Chief of the Defence Staff if the member has
completed 12 years of full-time paid service.

12.  A member who is on probation or on report because of inefficiency (see
CFAO 26-17, Recorded Warning and Counselling on Probation -Other Ranks and
CFAO 26-21, Career Shortcomings -Officers) shall not be recommended for
the CD or a clasp until his probationary or report period has been
terminated and he has been satisfactorily reported on.  If he should become
or is about to be the subject of a adverse report subsequent to being
recommended but prior to being invested with the CD or clasp, the case
shall be referred to NDHQ.

13.  A member who has been, or is about to be, the subject of an adverse
report shall not be recommended for the CD or a clasp until the cause of
the adverse report has been remedied and he is again the subject of a
satisfactory report.

 

[Shamrock]

CFAO 18-9 -- THE CANADIAN FORCES DECORATION


Cancelled 2008-11-28

 

[Eye In The Sky]

Now why didn't I think of posting that link? 

Doh!!!  :facepalm:

 

[GreenMarine]

OK just reading the above some clarity.

AWOL takes away from a CD

But it is also a Minor punishment.

My CD is due July 14 and I'm looking at a AWOL Charge this week (late 15min due to icy road conditions) and Summary trail (unclear if I get to elect of CM) next week so is it delayed 1 day or I have to wait another 7-8 years??  JAG wasn't clear when I asked.

 

[George Wallace]

My CD is due July 14 and I'm looking at a AWOL Charge this week (late 15min due to icy road conditions) and Summary trail (unclear if I get to elect of CM) next week so is it delayed 1 day or I have to wait another 7-8 years??  JAG wasn't clear when I asked.

;D

>

Just a point, that most here will confirm; you will not get your CD on your due date.  It is almost always guaranteed to be later.  In fact, you may find some that waited two or more years to get theirs. 

That being said, I don't think you will have a definite answer until such time as you have been "convicted" of being AWOL.  If the Charge is thrown out for any reason, your worries are moot points.

 

[DAA]

OK just reading the above some clarity.
AWOL takes away from a CD
But it is also a Minor punishment.
My CD is due July 14 and I'm looking at a AWOL Charge this week (late 15min due to icy road conditions) and Summary trail (unclear if I get to elect of CM) next week so is it delayed 1 day or I have to wait another 7-8 years??  JAG wasn't clear when I asked.

Depends on what the final outcome is of the AWOL Charge.  If your found guilty and awarded what is considered to be a "minor punishment", then there is should be no impact.

 

[dangerboy]

My CD is due July 14 and I'm looking at a AWOL Charge this week (late 15min due to icy road conditions) and Summary trail (unclear if I get to elect of CM) next week so is it delayed 1 day or I have to wait another 7-8 years??  JAG wasn't clear when I asked.

Under QR&O 108.17 the five minor charges that are not electable are: Insubordinate Behaviour (85), Quarrels and Disturbances (86), Absence Without Leave (90), Drunkenness (97), and Conduct to the Prejudice of Good Order and Discipline (129) - only in regards to training, maintenance of personal equipment, quarters or workspace, or dress and deportment.  If you are charged under one of those five you normally don't get to elect CM. Your assistance officer should explain all this to you.

 

[GreenMarine]

Charged Guilty of AWOL, Punishment a Caution....Reprimand was the only one that could effect a CD as I found out later.

 

[Benzyme]

What a joke the system can be...

Basically, if your punishment is a Caution, you shouldn't even be charged in the first place.
Your charge will also not appear on your conduct sheet.

I personally don't believe you should have been charged in the first place, unless this is a recurring thing on your part.

You can consider this "guilty" verdict a win.

 

[PuckChaser]

I think you've completely missed the point of the military justice system.  :facepalm:

 

[comicnut]

Green Machine
Reprimand is not the only thing that can affect a CD, read previous posts.

Also every day you are AWOL will delay your CD date by 1 day.

Further, being charged AWOL is not a punishment it is a charge.

Your punishment, if it is other than a fine or minor in nature will still delay your CD eligibility by a year plus you won't be able to get it for 8 years. 
Still in your case, a caution, as a punishment won't affect your CD.
However your 1 day of AWOL should if your BOR is on the ball.

 

[GreenMarine]

thanks there given that my OR is behind on CDs by almost a year I'm not concerned, I know in my head as to how long I've served my country.

 

[Tibbson]

thanks there given that my OR is behind on CDs by almost a year I'm not concerned, I know in my head as to how long I've served my country.

Sadly, its not your OR that is behind on CDs.  I think the delay, for what ever reason....I'm not judging or pointing fingers, is much higher then that.  I went down to submit the paperwork for my bar (yes, I know "the system" should pick up on it but it didn't) and it took almost 11 months to have it sent to my Unit for presentation.  I would have thought someone would have gone to the closet, picked up a box with a ribbon/bar/rosette in it, slapped a label on it and sent it down to us in a week or two but I guess it takes much longer then that.

 

[PuckChaser]

Sadly, its not your OR that is behind on CDs.  I think the delay, for what ever reason....I'm not judging or pointing fingers, is much higher then that.  I went down to submit the paperwork for my bar (yes, I know "the system" should pick up on it but it didn't) and it took almost 11 months to have it sent to my Unit for presentation.  I would have thought someone would have gone to the closet, picked up a box with a ribbon/bar/rosette in it, slapped a label on it and sent it down to us in a week or two but I guess it takes much longer then that.

The CF is awesome at timely recognition of its pers.  :

 

[Eye In The Sky]

I was due 1st bar in Nov '11.  I was presented it June 2013.

rancing:

 

[Tibbson]

I was due 1st bar in Nov '11.  I was presented it June 2013.

rancing:

This was my second bar so one would think that after 32 years in uniform I shouldn't be surprised that it took 34 years to have it recognized.  lol  I'm tempted to apply now for my third one in the event I'm still in by that time and haven't learned my lesson.

 

[Eye In The Sky]

*A well oiled machine*  ;D

 

[TangoTwoBravo]

What a joke the system can be...

Basically, if your punishment is a Caution, you shouldn't even be charged in the first place.
Your charge will also not appear on your conduct sheet.

I personally don't believe you should have been charged in the first place, unless this is a recurring thing on your part.

You can consider this "guilty" verdict a win.

Awarding a "Caution" allows the Presiding Officer to legally acknowledge and record that the member did indeed commit the offence without hammering him. Mitigating circumstances usually come into play for this to be awarded. It also means that if the member ends up being sentenced again over the next two years he can expect to face a harsher punishment. A Presiding Officer at subsequent sentencing will see the Conduct Sheet, and if someone got a Caution and ended up there again it will be fairly evident that he only responds to elevated punishments. As such, I find the Caution to be a very useful aspect of the military justice system. It is not a waste and it can serve to correct behaviour.

 

[Fishbone Jones]

Yep. We're short at both levels, NCMs and Offrs.

And there's also the apparent shortage of CDs, too.

What? Now you have to wait more than three years after qualifying to get one?