Case # 2011-017

Acting While So Employed (AWSE), Promotion

Case Summary

F&R Date: 2011–04–12

The grievor had been selected for promotion to Major (Maj) and posting in 2009. From March to November 2009, he was deployed to Afghanistan in a position established at the rank of Captain (Capt). Upon return from Afghanistan, he assumed his new duties in a position established at the rank of Maj and was therefore promoted to that substantive rank.

The grievor then learned that the individual who replaced him, in the position in Afghanistan, was given an acting while so employed (AWSE) rank of Maj for the duration of his tour. The grievor argued that he too should have been given AWSE rank during his tour. Alternatively, the grievor argued that he should have been promoted to the substantive rank of Maj on 1 May 2009, the date his new position became vacant.

Evidence on the file indicated that the position filled by the grievor in Afghanistan was established at the rank of Capt and since the grievor was a Capt, there was no substantiation for him to be granted an AWSE promotion. In regards to the individual who replaced him being granted the AWSE rank, this was done in error, however, since it was not discovered until after the individual was deployed, the responsible authority permitted the AWSE rank to stand for the duration of the tour.

The Board found that the grievor did not meet the criteria to be granted an AWSE promotion; nor did the error made in regards to his replacement create such an entitlement.

Concerning the effective date of his substantive promotion to Maj, Canadian Forces General Message 073/06 provides clear direction on effective dates of promotion, and the grievor was promoted in accordance with this direction; i.e. he was promoted when he became available to perform the duties at the higher rank.

The Board found that the grievor was promoted in accordance with the applicable policy and there was no justification for backdating the promotion.

The Board recommended the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2011–07–25

The FA partially agreed with the Board's recommendation to deny the grievance. The FA agreed with the Board on the AWSE issue, but not regarding the promotion. The FA noted that CANFORGEN 073/06 specified that a promotion will be effective 14 days prior to a member's change of strength (COS) date. Furthermore, the FA was of the opinion that the promotion date should be established when the member is available for the position, not the date the member reports for duty. Therefore, the FA directed that the Director General Military Careers amend the grievor's promotion and COS dates.