That is the Crux,
If you are disabled, and are released it is under the Medical 3 category. Further to that, I have proof that the CMP recommended anyone being released under a 5F is to be reviewed by DCSM, in that if there is reason that the member is suffering from an OSI, the benefit of the doubt goes to wards the member and he/she will be released under a 3B.
Been doing quite a bit of leg work, and hope to have all the cards in a row when I present this to my chain of command.
Let me help that leg work along. Ref QR&O 15, table.
Item 5F and I quote "Unsuitable for Further Service - Applies to the release of an officer or non-commissioned member who, either wholly or chiefly because of factors within his control
, develops personal weakness or behaviour or has domestic or other personal problems that seriously impair his usefulness to or impose an excessive administrative burden on the Canadian Forces."
Item 3B and again I quote "Medical Grounds - On medical grounds being disabled and unfit to perform his duties in his present trade or employment, and not otherwise advantageously employable under existing service policy
So, no, if it is a disability as it's definition is known to National Defence, then no, it is impossible for someone under those circumstances to be released under Item 5F. Even is 3B was shaky ground for that class of release, then Item 3A would come into play: "On medical grounds being disabled and unfit to perform duties as a member of the Service."
And yes, I do have the legal definition of "Disability": Sourced from the Veterans Affairs Canada Charter
1.04 - Definition of Disability
"Disability" is defined in subsection 3( 1) of the Pension Act as follows: "disability means the loss or lessening of the power to will and to do any normal mental or physical act;"
As you can tell, "the loss or lessening of the power to will", not something within a persons control.