- Reaction score
- 25
- Points
- 430
Disregard any smilies in the quotes - as they are a result of the code misinterpreting the printed matter. Look in the actual document for the correct data.
Still reading?
Still reading?
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ANNEX E -- TERMS OFFERED ON ENROLMENT, TRANSFER, AND OCCUPATION TRANSFER (OT)GENERAL
1. Except as specified in 6-1, the rank, seniority, and QL
authorized on enrolment or transfer shall be determined by NDHQ/DPCOR.
2. The terms offered on OT shall be in accordance with the provisions of
11-12.
TIME CREDIT FOR PROMOTION (TCP)
3. Calculation of TCP is based on a member's previous service, rank, and
military and/or civilian qualifications. TCP may be granted by NDHQ/DPCOR
on enrolment or transfer and will determine, along with any seniority
credits granted, the earliest eligibility date for promotion to the next
higher substantive rank. Applications to amend TCP will be considered only
up to the date three years from the date of the member's latest enrolment
or transfer.
ACTING RANK AND PROVISIONAL QUALIFICATION LEVELS
4. When acting rank or a provisional QL authorized on enrolment requires
a QL or rank qualification within a specific period, or a period of
observation is set by NDHQ/DPCOR, the effective date of promotion to
substantive rank or removal of the provisional status will be the date the
member meets the required standards on the first attempt. Where a member
fails to qualify on the first attempt, the case shall be dealt with by CRB.
Where a member fails to qualify in the time specified, NDHQ/DPCOR shall be
notified of the circumstances, in which case the following applies;
a. If the delay was due to Service reasons, an extension of
qualifying period will be considered .
b. If the delay was due to other than Service reasons, the member
will--
(1) be reverted to a lower rank (not below Pte(T)), or
downgraded to a lower QL level for which the member can
qualify;
(2) compulsory OT to another MOC; such an OT will be for
inefficiency and the member will be paid in accordance with
QR&O article 204.30(5); or
(3) be considered for release.
5. When an officer cadet fails or withdraws from any officer training
plan and requests re-engagement as a NCM, or when an officer is released
and is re-enrolled as a NCM, NDHQ/DPCOR will advise the terms to be
offered.
Issued 1991-05-10
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ANNEX F -- ALTERATION OF PUNISHMENT AND PROMOTION FOLLOWING REDUCTION, REVERSION AND RELINQUISHMENT OF RANKGENERAL
1. This Annex amplifies QR&O 3.08, 11.10, 11.11, 11.12, and prescribes
the policy relating to alteration of a punishment of reduction in rank as
well as that relating to the promotion of members who have been reverted in
rank or have relinquished rank. In cases where a sentence is altered in
accordance with QR & O Chapter 114, Section 4, the policy also applies
to the altered sentence.
2. When a member is reverted to a lower rank or is reduced in rank, or
relinquishes rank, that member is eligible to count for seniority in the
lower ranks together with all previous service in the higher rank or ranks
together with all previous continuous service in the lower rank.
3. Except for paragraphs 6, 11, 13 and 15 of this Annex, where a member
who has been reduced in rank is subsequently promoted, seniority in the
higher rank is determined in accordance with paragraph 23 of this order.
4. Except for paragraph 22 of this annex, where reversion, reduction, or
relinquishment in rank is other than to Pte, eligibility for promotion to
MCpl or above shall be based on the criteria specified in Annex A.
Note -- Seniority has no bearing on entitlement to incentive pay. Incentive
pay shall be applied in accordance with 204-2.
REDUCTION
5. When reduction in rank or loss of seniority occurs as a result of a
sentence by a Service tribunal, the CO shall notify NDHQ/DPCAOR by message
stating:
a. the member's SIN, rank, name and MOC; and
b. the rank to which the member has been reduced and the effective
date of reduction or, in the case of loss of seniority, the
amount in years, months, or days, the new seniority date, and the
effective date of the punishment.
6. When a Cpl (including MCpl appointment) is sentenced to a punishment
of Service imprisonment or detention and the sentence is suspended, the CO
may grant A/Cpl(P) rank. If the member is subsequently committed, prior to
signing the committal order, the CO shall revoke the A/Cpl(P). Where a
period of suspension of sentence is completed, during which time a member
has held an A/Cpl(P) rank, promotion to substantive Cpl may be authorized
effective the day following completion of a suspended sentence.
Determination of seniority will be:
a. if promoted A/Cpl(P) the date of sentence, from the member's last
previous date of promotion to Cpl; or
b. if promoted A/Cpl(P) during a period of suspension of sentence
effective a date other than the date of sentence, from the
member's last previous date of promotion to Cpl, less the number
of days of the suspension of sentence served at the private rank.
7. Following termination of service imprisonment or detention, the CO may
promote a qualified member to Cpl. The seniority date in such cases shall
be:
a. if the effective date of promotion is the day following release
from detention or imprisonment, the date of the member's last
previous promotion to Cpl; or
b. if the effective date of promotion is any other date, the date
determined under paragraph 24 of this order.
8. Eligibility for subsequent promotion will be determined by the first
merit board convened following the date of promotion providing the member
meets the criteria in the Tables to Annex A.
9. When the findings of a Service tribunal who sentenced a member to a
punishment of reduction in rank have been quashed by an authority pursuant
to QR&O 114.15 or 114.55, the member is deemed not to have been awarded
the punishment and that member's rank and seniority is that which was held
immediately prior to sentencing. Where the reduction has been from MCpl
appointment, the quashing authority may direct reinstatement of the MCpl
appointment.
10. A punishment imposed by a Service tribunal can be altered by remission
(cancellation in whole or part of sentence), commutation (changing the type
of punishment by awarding a punishment lower in the scale), or mitigation
(awarding a less amount of the same punishment).
REMISSION
11. Where a punishment of reduction in rank is remitted, that is,
cancelled or withdrawn, the member will have the rank and seniority date
held immediately prior to the imposition of the punishment, as if no such
punishment of reduction in rank had been pronounced or as if the punishment
of reduction in rank had not been an obligatory accompanying punishment to
one of detention or imprisonment.
12. Where a punishment of reduction in rank from the rank of Cpl,
resulting in the relinquishment of the member's appointment as MCpl is
remitted, the authority having power to appoint the member to MCpl may
direct re-appointment of the member to MCpl effective either as of the date
original punishment was imposed or as of any subsequent date.
COMMUTATION
13. If a punishment of reduction in rank is commuted, that is, a
punishment lower in the scale is substituted, the member will hold the rank
and seniority date the member held immediately prior to the original
punishment being imposed, as if no such punishment had been imposed, except
where the punishment substituted by way of commutation involves a
forfeiture of seniority, in which case the seniority date in the rank held
immediately prior to the original punishment being imposed will be adjusted
by the amount of seniority forfeited under the new punishment.
14. Where a punishment of reduction in rank from the rank of Cpl,
resulting in the relinquishment of the member's appointment as MCpl,
and in those cases where reduction was from Sgt and above, is commuted, the
authority having power to appoint the member to MCpl may direct
re-appointment to MCpl effective as of the date the original punishment was
imposed or as of any subsequent date.
MITIGATION
15. If a punishment of reduction in rank imposed on a member is mitigated,
that is, if a lesser amount of the same punishment is substituted, the
member will have seniority in the rank to which the member was reduced by
the new punishment, calculated from the seniority date when last in that
rank as if the member had remained in that rank from that time, provided
the member has had continuous service since that time.
16. Where a punishment of reduction in rank from a rank above Cpl imposed
on a member who previously held the appointment of MCpl is mitigated to a
punishment of reduction in rank to Cpl, the authority having the power to
appoint to MCpl may direct re-appointment of the member to MCpl effective
either as of the date the original punishment was imposed or as of any
subsequent date.
AUTHORITY
17. The authority having power to appoint to MCpl is NDHQ/DGPCOR.
REVERSION
18. Subject to paragraphs 19 to 22 of this Annex NDHQ/DGPCOR may:
a. revert a member to a lower rank for inefficiency;
b. revert a member to a lower rank upon civil conviction for an
offence that constitutes misconduct; or
c. with or without reversion, transfer a member to any MOC for
inefficiency.
19. Any reversion or OT for inefficiency must be initiated by the member's
CO. The CO's recommendations shall be forwarded together with complete
substantiation to NDHQ/DGPCOR. After receipt of the CO's report and after
consideration of all aspects of the case, a CRB will authorize:
a. retention of the member in the current MOC, with or without
reversion;
b. retention in the current MOC and restriction to the member's
present rank and terms of service;
c. compulsory OT; or
d. release of the member.
20. When a member is reverted for inefficiency, that member is not
eligible for promotion for a minimum period of one year following the date
of reversion. If, however, the reversion for inefficiency is due to a
career course failure, that member is eligible for promotion to substantive
rank upon successful completion of the career course which resulted in the
member's reversion.
21. When a member is reverted and is OT for inefficiency, that member
becomes eligible for promotion to the next higher rank in the new MOC when
the eligibility criteria outlined in Annex A have been met. The effective
date of OT will be the date of reversion. Failure to qualify for the
appropriate level in the new MOC within a period specified by NDHQ/DPCOR
may result in release action being taken.
22. When a member has been convicted for an offence by a civil authority,
a report is submitted to NDHQ/DPLS (Director Personnel Legal Services)
under the provisions of QR&O article 19.62 and the CO shall review the
circumstances of the offence and determine if a recommendation for
reversion for misconduct is also warranted under QR&O article 11.11.
Where a recommendation for reversion is warranted, complete substantiation
made in accordance with paragraph 19 shall be forwarded to NDHQ/DGPCOR.
RELINQUISHMENT OF RANK
23. For the purposes of this Annex, relinquishment of rank means reversion
to a lower rank at the member's request. Such requests may be for personal
reasons or for purposes of OT or transfer. The approving authority for
relinquishment of rank is N DHQ/DPCAOR.
24. Relinquishment of rank will not be approved where such action would
permit early release of the member as a result of a change in the member's
retirement age.
25. Except in the case of a transfer or OT, a member who relinquishes a
rank shall not be considered for promotion until such time as the promotion
authority is advised through normal channels that the member wishes to be
considered for promotion in the future.
Issued 1991-05-10
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ANNEX F, APPENDIX 1 -- GUIDELINES FOR ACTION TO ALTER A PUNISHMENT OF REDUCTION IN RANK
1. The viewpoint required is one of "alteration of punishment" rather
than "promotion" or "restoration of rank".
2. A sentence can be composed of one or more punishments. Each punishment
can be altered independently of action taken with respect to any other
punishment.
3. The effect of commutation, mitigation or remission of the punishment
of reduction in rank does not depend on the particular sentence (that is,
detention, or reduction and fine, or reduction alone, etc) that was chosen
by a Service tribunal.
4. By virtue of section 185 of the National Defence Act (NDA), a
commutation, mitigation or remission of a punishment puts the new
punishment (or absence of it, in the case of remission) in place as if it
had been imposed at the time of the initial sentencing. The mitigation,
remission or commutation of a punishment of reduction in rank may be made
at any time but, when made, has effect back to the sentencing date. The
date on which the CO or other authority acts (to remit mitigate or commute)
has no effect on the calculation of seniority.
5. Occasionally a CO or OCC wishes a punished NCM to endure the full
effect of rank reduction for a specific period or until there is evidence
that the NCM has learned a lesson, then to be placed back in the original
rank effective a date subsequent to initial sentencing. This cannot be done
by mitigation, remission or commutation; it can only be done by promotion.
6. MCpl appointment held at the time of sentencing or anytime prior to
sentencing will not be recovered automatically when an authority remits,
mitigates or commutes the punishment or reduction in rank. The appropriate
appointing authority may choose to reappoint the member to MCpl. The
effective date of reappointment may coincide with the original sentencing
date or may be any subsequent date.
7. Example situations
a. Sgt X; seniority date in that rank is 1 Jan 85 and seniority in
Cpl rank was 4 Aug 73; sentences 16 May 86 to 3 months
imprisonment; serves 62 days; in September the OCC mitigates the
reduction in rank punishment to reduction to Cpl.
Result: Cpl X is considered to have never gone below Cpl rank;
seniority is what it would have been if Cpl X had not been
promoted to Sgt.
b. Sgt Y; seniority date 1 Jan 83; sentenced 20 Jun 86 to 30 days
imprisonment; serves 22 days; in September 86 the OCC remits
reduction in rank punishment.
Result: Sgt Y is considered to have never lost Sgt rank;
seniority is unchanged.
c. MCpl Z; seniority date 10 June 81; sentenced 15 Aug 86 to 30 days
detention; serves 22 days, in Nov 86 the CO recommends that MCpl
Z be reinstated as MCpl effective 22 Dec 86.
Result: The reduction in rank punishment may not be remitted
effective 22 Dec 86; the only available effective date is 15 Aug
86. To achieve the objective of keeping ex-MCpl Z at Pte rank 15
Aug -22 Dec the OCC may recommend promotion to Cpl, effective 22
Dec, and may recommend (or direct) appointment of Z as MCpl
effective 22 Dec or a later date.
Issued 1991-05-10
that hurt my feelings greatly! :'(
