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Requirements for Unsatisfactory Release Item 2

Radar_Cdn

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After 40 some years of excellent citizenship and 25 years of excellent military service, I got into some crap with the local police resulting in charges of assaulting one of them.  I might just win this, but if I lose, it could be an indictable conviction.

As such, would I be released on Item 2B - Unsatisfactory Service (Conduct)?

If anyone has any experience in this, I would sure appreciate an opinion.

Thanks.
 
I have no experience with this, however, a bit of a search came up with QR&O, Chapter 15 which specifically states for items of release:

2:  Unsatisfactory Service:  (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;

Hope that gives you some info.

 
In over 30 years, I've never seen a release under item 2. I'm sure they have happened, but after what we just went through, I rather dount they'd toss you out under item 2.
 
Jim Seggie said:
In over 30 years, I've never seen a release under item 2. I'm sure they have happened, but after what we just went through, I rather dount they'd toss you out under item 2.
I saw one this past year following criminal convictions for several thefts and one motorized run from the police.
 
As previously noted being released under Item 2 for a civilian criminal conviction is (or was) rare but not unheard of.  It may be recommended more frequently now than when I was serving but at one time a criminal conviction would not necessarily result in release.  It would very much depend on the nature of the offence, the sentence awarded, and the service record of the individual.  It was much more common that Item 5(f) would be used if release was recommended.

The following excerpts from CFAO 15-2 may still be valid (I don't have access to DIN so this may be different than the version there)

CFAO 15-2 ANNEX A

UNSATISFACTORY SERVICE

20.  Item 2 provides for release for unsatisfactory service.  The special
instructions in the table to QR&O 15.01 contain guidance for the
selection of the appropriate release item (2a or 2b).

21.  An item 2 release carries a lifelong stigma for the individual and
could seriously jeopardize the member's entire future.  Therefore, before
recommending such a release the CO shall ensure the nature of the
circumstances which led to release action being initiated are indeed
sufficiently serious to warrant release under this item.  When the CO
recommends such a release, action shall be taken in accordance with
paragraphs 12 and 13, except where a member has been imprisoned by a civil
court.  Where there is any doubt as to the degree of seriousness of the
circumstances, the member should be given the benefit of the doubt and
should be released under item 5(f).



UNSUITABLE FOR FURTHER SERVICE

28.  The wording of QR&O 15.01 that applies to release under item 5(f)
includes the provision that the "factors are within his control" and it is
intended to pertain to a member who, through the member's own volition:

    a.  is guilty of unsatisfactory conduct, either socially or on duty,
          in a way which brings discredit to the CF;

    b.  is guilty of a behaviour pattern that causes an excessive
          administrative burden because of disciplinary problems (eg,
          frequent absences without authority or numerous minor charges);

    c.  refuses to adhere to regulations, but whose offenses are not
          serious enough to warrant release under item 2; or

    d.  is unwilling to improve performance to an acceptable standard but
          has the ability to do so.
 
I am a release clerk at an HQ level and we do see 2B releases (between 3-10 a year). Before a release item can be decided for your case, you would have to have a decision in your civil case and depending if you're guilty or not, the item may be different but either way, DMCA should decide.
 
Yeah, with mass-enrolments as well, you see a lot of bad-a**es get in the door, but get marched back out it just as quickly.  However, in all honesty, I have only ever seen 5 2B releases myself, 5F seems to be the popular catch all.
 
Is anyone aware of the possibility to have a release item changed from 2A (due to a conviction in the civilian court) to 5F. 
 
To have the release item changed would nomally take 2 things:

a redress of grievance and

a sh** load of luck.

but yes the possibility is there.  I have seen a case of the release item being changed, although it wasn't from a 2.
 
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