Brihard said:
Doesn’t matter. Administrative measures are not contingent on the CSD. In the case of alcohol misconduct they still apply to someone whose poor decisions makes them an administrative burden. Military members, whether reg or reserve, are bound by certain behaviour expectations both on and off duty, including the expectation to not eat a criminal charge and jeopardize your deployability. Administrative measures exist to address that.
A person who chooses to drink and drive has chosen not to meet the performance and conduct standards imposed by the CAF as their employer. The CAF is perfectly within its rights to attempt to correct that decision making, which also serves as the necessary documented efforts that labour law expects before you fire someone for performance reasons.
Not only it is within the CofC rights, it actually is a responsibility/required action:
From
DAOD 5019-0, Conduct and Performance Deficiencies
Requirements
2.4 The chain of command or designated staff, as applicable,
must take appropriate action if a CAF member demonstrates conduct or performance deficiencies. Depending on the circumstances, the appropriate action may involve disciplinary or administrative action, or both.
2.5 If a CAF member has been charged with an offence under the National Defence Act, Criminal Code or other federal statute, the chain of command or designated staff may, regardless of the outcome of the offence charged, take administrative action to address any conduct or performance deficiencies arising from the same circumstances.
2.6 The CAF
must provide education, counselling and treatment, as appropriate, to assist CAF members to prevent, correct or subsequently overcome conduct or performance deficiencies.
Additionally, as the career impacts for things like DUI are more significant (someone mentioned C & P is the start point for RMs), the member is then afforded more procedural fairness.
From A-LG-007-000/AF-010, Military Administrative Law Manual, Ch 14 - Administrative Action:
6.
Administrative Sanction In contrast to career management, procedural fairness plays a significant role when serious administrative sanctions are being taken against a CF member. Such sanctions can impair a member’s career progression or, ultimately, lead to the termination of the member’s military service career by way of compulsory release. Accordingly, as the administrative sanctions become progressively more severe, procedural fairness requirements are enhanced for the benefit and protection of the member.
10. There are three types of remedial measures: Initial Counselling (IC), Recorded Warning (RW) and Counselling and Probation (C&P). Remedial measures are intended to make the CF member aware of any conduct or performance deficiency, assist the CF member in overcoming the deficiency, and allow the CF member to correct their conduct or improve their performance.3 Although the members on whom they are imposed may perceive them as punitive, IC, RW and C&P are not punishments as defined in QR&O 104.02 (Scale of Punishments).
15. Neither an IC nor RW impacts on any eligibility for promotion, training, posting, re-engagement or pay. As long as the member improves the performance or conduct, there should be no further career implications. When a CF member is placed on C&P, the eligibility for career opportunities is restricted. The CF member is not eligible for promotion, attendance on career courses, receiving incentive pay, or being posted or attached posted. Exceptions may be made to the general prohibition against postings and attached postings for operational reasons and in exceptional circumstances by DGRMC.
17. Because of its career implications, there is a requirement for more procedural fairness before initiating C&P. The Initiating Authority shall complete DAOD Form 5019-CPDA B, Notice of Intent to Place on Counselling and Probation and deliver it to the CF member, informing the CF member of the Initiating Authority’s intention to place the member on C&P, of the deficiency for which the measure is being taken, and the reasons that support the measure. The Initiating Authority shall disclose to the CF member copies of all documents that substantiate the proposed C&P and are to be considered before making a final decision. The Initiating Authority shall not release information that is exempt under DAOD 1001-0, Access to Information and DAOD 1002-0, Personal Information. The Initiating Authority shall provide the CF member with a reasonable opportunity, not less than 24 hours, to make written representations to the Initiating Authority. A CF member may request assistance or additional time to make representations. The Initiating Authority may grant such a request, if appropriate in the circumstances. If the CF member provides representations and the decision is to proceed with C&P, the Initiating Authority shall complete the appropriate form. The CF member’s representations may also cause an Initiating Authority to initiate IC or RW instead of C&P, to initiate other administrative action, or to take no further action.
