# 5C Release Item



## catalyst (14 Jan 2016)

I'm wondering if somebody could tell me the "context" of what one would find themselves in having had a 5C release item?  I've read the policy and if I am to be correct (its been a long day, and only two cups of coffee) it was because further TOS was not offered - would this be perhaps for disciplinary, medical or other reasons? 

Member did not service 25 years nor did they hit CRA. 

I'm curious - I've seen everything but 5C.


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## mariomike (14 Jan 2016)

ArmySailor said:
			
		

> I'm curious - I've seen everything but 5C.



This may help,

5(c) Completed Service for Which Required.  Applies to the release of :
an officer or non-commissioned member who, not having reached retirement age in accordance with article 15.17 or 15.31, has completed the period of service required under existing policy;
an officer or non-commissioned member who, not having reached retirement age in accordance with article 15.17 or 15.31, has completed the period of service required because of a change in classification or trade specifications or in the establishment requirements of the Canadian Forces;
an officer on completion or during the final year of his fixed period of service, other than an Intermediate Engagement as defined in the Canadian Forces Superannuation Act, when his application for further service is not approved, or an offer of further service is not made to him;
a non-commissioned member on completion of his fixed period of service, other than an Intermediate Engagement as defined in the Canadian Forces Superannuation Act, when his application for further service is not approved, or an offer of further service is not made to him; or
an officer or non-commissioned member who has not reached his retirement age in accordance with article 15.17 or 15.31, and who has completed an Intermediate Engagement as defined in the Canadian Forces Superannuation Act when, prior to completion of that fixed period of service, an offer of further service, to be completed at the retirement age applicable to him in accordance with article 15.17 or 15.31, was not made to him.
https://army.ca/wiki/index.php/Articles_for_Release#5_Service_Completed


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## PuckChaser (14 Jan 2016)

Someone not offered TOS would likely be 5C.


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## George Wallace (14 Jan 2016)

Try this link for Release Articles:

https://army.ca/wiki/index.php/Articles_for_Release


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## catalyst (14 Jan 2016)

PuckChaser said:
			
		

> Someone not offered TOS would likely be 5C.



What would cause them not to be offered TOS? Medical? disciplinary? 

Curious - just trying to get a bit of background as to the "context" (I can see the actual release item definition).  Was this used during FRP at all? Said individual would have released about that time (90 - 95 time frame)


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## PuckChaser (14 Jan 2016)

ArmySailor said:
			
		

> What would cause them not to be offered TOS? Medical? disciplinary?
> 
> Curious - just trying to get a bit of background as to the "context" (I can see the actual release item definition).  Was this used during FRP at all? Said individual would have released about that time (90 - 95 time frame)



Medical has another route, that's 3B. Typically its disciplinary, or when a trade is very full and they are not offering 100% TOS (which is rare). However, you can use 5F to release for disciplinary reasons, like in this case:

http://decisia.jmc-cmj.forces.gc.ca/jmc-cmj/cm/en/item/110425/index.do



> [12]           The circumstances of the offence in this case are as follows:
> 
> (a)                The events relating to all of the charges occurred on 1 April 2014, in the context of a meeting to which Bombardier Gagnon was summoned in his Commanding Officer’s office to receive notification of the documentation related to the intent of his superiors to recommend his release from the CAF under Item 5(f) in the table to article 15.01 of the QR&O as a result of unsatisfactory conduct. Bombardier Gagnon was marched into the office before his Commanding Officer (CO), the late Lieutenant-Colonel D.R. Bobbitt, in the presence of the Unit’s Regimental Sergeant Major (RSM), Chief Warrant Officer Hoegi and two other superior officers.


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## catalyst (14 Jan 2016)

Thanks that helps  

I've seen 5F, 5D, 3B/A  and all sort of 4's but I never saw a 5C until today.


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## McG (15 Jan 2016)

PuckChaser said:
			
		

> Typically its disciplinary ...


That should not be the case.  Conduct or performance should be done under 5f (or other more severe release items) and not by witholding a TOS offer.  A 5C release can turn around the next day and come back through the recruiting centre.


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## DAA (15 Jan 2016)

ArmySailor said:
			
		

> Curious - just trying to get a bit of background as to the "context" (I can see the actual release item definition).  Was this used during FRP at all? Said individual would have released about that time (90 - 95 time frame)



A 5.C. Release Item may have been the appropriate method during the time frame you mentioned for someone on a BE (ie; 3 yr contract) who was not offered further TOS.  Times have changed and the more prevalent release item these days in circumstances such as this would be a 4.B.

Either that or someone made a mistake.     :


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## Grease monkey101 (25 Jan 2016)

How does any of the 5 release items affect your pension or return of contributions?


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## CountDC (26 Jan 2016)

none that I am aware of.  

5 releases have been overblown for a long time and do not have the impact that many people think or like to claim.  I have always heard that if released 5F the person will never get a government job again but that is simply not true. The conduct leading to the release may have an impact though as 5F is often used for members released due to drug charges.  Basically if the conduct leading to the release also resulted in a record created in CPIC then that will appear if a criminal check is done and may also impact a request for security clearances if applying for government jobs. Naturally this could mean you don't get the job.

5F does however have an impact in that the member will lose the severanc pay iaw CBI 204.40(7)

 (CFSP – Entitlement) A member is entitled – on the day before the member ceases to serve in the Regular Force or in the Primary Reserve – to CFSP unless
1.	the release of the member under Item 1, 2, or 5(f) in the Table to QR&O article 15.01 (Release of Officers and Non-Commissioned Members) has been approved before that day and during the member's eligible service; 

Note that if the member elected to receive PIL that it does not get clawed back.


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## Steve_D (26 Jan 2016)

CountDC said:
			
		

> Note that if the member elected to receive PIL that it does not get clawed back.



That is good to know as I am sure that it is a question that could come up.  Waiting on a decision for a 5F (not mine) anytime now.  Thanks


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