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Articles for RELEASE

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George Wallace

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QR&O Chapter 15      TABLE TO ARTICLE 15.01

Item      Category     (Sub-category)    Reasons for Release    Special Instructions

(See articles 15.21– Notice of Intent to Recommend Release – Commissioned Officers, 15.22 – Notice of Intent to Recommend Release – Officer Cadets and 15.36 – Notice of Intent to Recommend Release – Non-commissioned Members.)

1 Misconduct Applies to the release of an officer or non-commissioned member.
(a) Sentenced to Dismissal. where sentenced by court martial to dismissal or dismissal with disgrace from Her Majesty’s service; (1 September 1999)
(b) Service Misconduct. where convicted by a service tribunal of a serious offence that warrants release under this category;
where convicted by service tribunals of a number of offences indicating a course of misbehaviour that warrants release under this category; (See Item 2(a).)
where convicted by a civil court of an offence of a serious nature related to the performance of his duties which would have warranted release under this category if convicted by a service tribunal;
(c) Illegally Absent. who has been illegally absent and will not be required for further service under existing service policy;
(d) Fraudulent Statement on Enrolment. who, at time of enrolment, made a fraudulent statement which, having regard to the circumstances under which it was made and its effect, warrants release under this item; a false statement as to age made by an underage applicant, or a minor oversight or ambiguous statement made through enthusiasm to join the forces, should not result in release under this category. (See article 15.32 – Release for Fraudulent Enrolment and Item 5(e).)
(See articles 15.21 – Notice of Intent to Recommend Release – Commissioned Officers, 15.22 – Notice of Intent to Recommend Release – Officer Cadets and 15.36 – Notice of Intent to Recommend Release – Non-commissioned Members.)

2 Unsatisfactory Service Applies to the release of an officer or non-commissioned member:
(a) Unsatisfactory Conduct. where convicted by a service tribunal of an offence which warrants release under this category, but does not warrant release under Item 1(b);
where convicted by service tribunals of a number of offences indicating a course of misbehaviour which warrants release under this category, but does not warrant release under Item 1(b);
by reason of unsatisfactory civil conduct, or conviction of an offence by a civil court, of a serious nature not related to the performance of his duties but reflecting discredit on the Service;
(b) Unsatisfactory Performance. who has the ability to improve but continues to display a lack of application or effort in the performance of his duties. (See Item 5(d) for cases where unsatisfactory performance is attributable to an inherent lack of ability or aptitude.)

3 Medical
        (a) On medical grounds, being disabled and unfit to perform duties as a member of the Service.
(b) 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.
(See articles 15.02 – Release as of Right and 15.18 – Voluntary Release – Officers.)

4 Voluntary
      (a) On Request – When Entitled to an Immediate Annuity. Applies to the release at his request of: an officer or non-commissioned member who has not reached his retirement age in accordance with article 15.17 (Release of Officers – Age and Length of Service) or 15.31 (Release of Non-comissioned Members – Age and Length of Service), but whose service entitles him to an immediate annuity under the Canadian Forces Superannuation Act; 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 refused by him.
(b) On Completion of a Fixed Period of Service. Applies to the release of:
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, prior to completion of that fixed period of service, an application for further service is not made, or he refused an offer of further service; or
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, prior to completion of that fixed period of service, an application for further service is not made, or he refused an offer of further service.
(c) On Request – Other Causes. Applies to the release at his request of an officer or non-commissioned member whose release is authorized in circumstances other than those perscribed in (a) or (b) of this Item.
(See articles 15.21 – Notice of Intent to Recommend Release – Commissioned Officers, 15.22 – Notice of Intent to Recommend Release – Officer Cadets and 15.36 – Notice of Intent to Recommend Release – Non-commissioned Members.)

5 Service Completed
      (a) Retirement Age. Applies to the release of : an officer or non-commissioned member because he has reached his retirement age in accordance with article 15.17 (Release of Officers – Age and Length of Service) or 15.31 (Release of Non-commissioned Members – Age and Length of Service); or
an officer or non-commissioned member who has reached his retirement age in accordance with article 15.17 or 15.31, but who has continued to serve in accordance with paragraph (2) of article 15.02 (Release as of Right), paragraph (5) of article 15.17 or paragraph (7) of article 15.31.
(b) Reduction in Strength. Applies to the release of an officer or non-commissioned member as a result of a planned reduction, under section 15 of the National Defence Act, in the maximum numbers of officers and non-commissioned members in the Canadian Forces.
(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.
(d) Not Advantageously Employable. Applies to the release of an officer or non-commissioned member:
because of an inherent lack of ability or aptitude to meet military classification or trade standards; or
who is unable to adapt to military life; or
who, either wholly or chiefly because of the conditions of military life or other factors beyond his control, develops personal weaknesses or has domestic or other personal problems that seriously impair his usefulness to or impose an excessive administrative burden on the Canadian Forces.
(e) Irregular Enrolment. Applies to the release of an officer or non-commissioned member by reason of an irregular enrolment other than Item 1(d).
(f) 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.


(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)



Complete QR&O Chapter 15 located at:
http://www.admfincs.forces.gc.ca/qro-orf/vol-01/tc-tm-015-eng.asp
 
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