DAOD 5019-2, Administrative Review

1. Introduction

Date of Issue: 2006-03-03

Date of Modification: 2010-07-12

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF).

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Director Military Careers Policy and Grievances (DMCPG)


2. Abbreviations

AbbreviationComplete Word or Phrase

AA

approving authority

AR

administrative review

CMP

Chief of Military Personnel

CO

commanding officer

DGMC

Director General Military Careers

D Law Mil Pers

Director Law Military Personnel

DMCA

Director Military Careers Administration

D Med Pol

Director Medical Policy

D Mil C

Director Military Careers

DMCPG

Director Military Careers Policy and Grievances

HQ

Headquarters

MEL

medical employment limitation

3. Definitions

alcohol misconduct (inconduite liée à l'alcool)

Alcohol misconduct has the same meaning as in DAOD 5019-7, Alcohol Misconduct.

other involvement with drugs (autre implication dans des activités reliées aux drogues)

Other involvement with drugs has the same meaning as in DAOD 5019-3, Canadian Forces Drug Control Program.

prohibited drug use (usage interdit de drogues)

Prohibited drug use has the same meaning as in DAOD 5019-3.

sexual misconduct (inconduite sexuelle)

Sexual misconduct has the same meaning as in DAOD 5019-5, Sexual Misconduct and Sexual Disorders.

4. General Principles

Context

4.1 Each CAF member is required to maintain professional standards of conduct and performance. When an incident, a special circumstance or a professional deficiency occurs that calls into question the viability of a CAF member's continued service, an administrative action may be appropriate.

4.2 An AR is the process to determine the most appropriate administrative action, if any, in such a case.

4.3 The CAF is committed to an AR process that is fair.

Staff Involvement and AAs in the AR Process

4.4 The AR process in respect of a CAF member involves at least two Regular Force or Reserve Force officers:

  1. one or more staff officers who act as AR analysts responsible for conducting the AR analysis; and
  2. one who acts as the AA and is authorized to select and impose, if appropriate as a result of the AR process, an administrative action in accordance with QR&O or a DAOD.

AR Types

4.5 The following table identifies, by type of AR and component, the AR analyst and the officer who is authorized to act as the AA:

AR TypeComponentAR AnalystAAFor CF members of the rank of ...

Performance deficiency

Regular Force

D Mil C Staff

D Mil C private/ordinary seaman to lieutenant-colonel/commander

DGMC

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

Reserve Force

area HQ or equivalent staff

area commander or equivalent

private/ordinary seaman to major/lieutenant-commander

commander of a command

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

Prohibited drug use or other involvement with drugs, sexual misconduct, alcohol misconduct or any other conduct deficiency

Regular Force or Reserve Force

 

DMCA staff

DMCA

private/ordinary seaman to lieutenant-colonel/commander

DGMC

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

MEL

Regular Force

DMCA staff

DMCA

private/ordinary seaman to lieutenant-colonel/commander

DGMC

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

Reserve Force

area HQ or equivalent staff

area commander or equivalent

private/ordinary seaman to major/lieutenant-commander

commander of a command

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

Terms of service

Regular Force

DMCA staff

DMCA

private/ordinary seaman to major/lieutenant-commander

DGMC

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

Reserve Force

Not applicable

Non-effective strength

Reserve Force

area HQ or equivalent staff

area commander or equivalent

private/ordinary seaman to lieutenant-colonel/commander

commander of a command.

private/ordinary seaman to colonel/captain(Navy)

CMP

private/ordinary seaman to general/admiral

Untrained CAF member in respect of a performance deficiency

Regular Force

DMCA staff

DMCA

private/ordinary seaman to major/lieutenant-commander

Reserve Force

area HQ or equivalent staff

area commander or equivalent

Note – The AA's authority may not be delegated.

Procedural Fairness

4.5 The following table identifies the minimum steps that are taken to ensure the AR process is fair:

StepWhat Happens?

Notification

The AA shall inform the CAF member that an AR is to be conducted to evaluate the CAF member's service and to select the most appropriate administrative action, if any, in the circumstances.

Disclosure

The AA shall provide the CAF member with a disclosure package containing either:

  • a copy of all relevant documents and other information; or
  • a summary of all relevant information.
Note – The disclosure package is used by the AA to reach a decision.

Representations

When the disclosure package is received, the CAF member may provide written representations to the AA, including arguments and facts that may not have been included with the disclosure package and any correction to the disclosed documents and other information that the CAF member considers necessary.

Consideration of all information

The AA considers the disclosure package and any representations made by the CAF member and then reaches a decision.

Provision of decision

The AA provides the decision to the CAF member through the CAF member's CO.

Note – An AR analyst may act on behalf of an AA during any of the above steps, except the Consideration of all information step.

5. Administrative Review Process

Action Prior to AR Process

5.1 The AR process may be initiated for a conduct or performance deficiency with or without:

  1. the prior administration of a remedial measure under DAOD 5019-4, Remedial Measures; or
  2. a recommendation from the chain of command that an AR be conducted.

Note – A CO is required to contact DMCA in any case of prohibited drug use or other involvement with drugs, sexual misconduct or alcohol misconduct.

Authorities Who May Recommend an AR

5.2 An AR in respect of a CAF member may be recommended by:

  1. an initiating authority, as identified in DAOD 5019-4, when:
    1. remedial measures fail to rectify a conduct or performance deficiency; or
    2. an incident, a special circumstance or a professional deficiency occurs that calls into question the viability of the CAF member's continued service;
  2. a career manager or the Reserve Force equivalent, or the CO of a training establishment, Canadian Forces Recruiting Group HQ or Canadian Forces Support Training Group HQ, following a training failure;
  3. DMCA staff or the area HQ or equivalent staff if D Med Pol has assigned a permanent MEL; or
  4. a CO when a CF member cannot meet any one of the minimum operational standards under the principle of universality of service (see DAOD 5023-1, Minimum Operational Standards Related to Universality of Service) and a permanent employment limitation is assigned as a result.

AR Process Table

5.3 The following table is an example of the AR process in which an AR analyst acts on behalf of an AA:

StepAction

1

The authority who recommends an AR shall forward the recommendation and all supporting evidence to the appropriate AR analyst.

2

The AR analyst creates an AR case file.

3

The AR analyst sends an advisory message to the CAF member through the CAF member's CO.

4

The AR analyst obtains the significant incident report, military police investigation report, board of inquiry report or other relevant information, as applicable.

5

If retention subject to employment limitations under the minimum operational standards related to universality of service is being considered, the AR analyst obtains military occupation information, for example, Annual Military Occupation Review information, rank documentation, etc., from the applicable authority.

6

The AR analyst:

  • reviews all documentation;
  • prepares a case file synopsis; and
  • prepares a recommendation to be reviewed and approved by the chain of command.

7

The chain of command reviews the documentation, case file synopsis and recommendation prepared by the AR analyst and submits a recommendation.

8

A disclosure package is forwarded to the CAF member through the CAF member's CO with a copy of the case synopsis, any recommendation from the chain of command and all other documents and other information to be considered by the AA.

Note – The CAF member may expedite the AR process by informing the AR analyst in writing that he or she does not wish to receive the disclosure package.

9

The CAF member may make written representations to the AA through the AR analyst, not later than 15 working days after the day that the CAF member receives the disclosure package. If the CAF member does not have sufficient time to make representations, the CAF member may, in writing, request additional time from the AR analyst. The 15 working-day time limit is to be interpreted flexibly and reasonably in the CAF member's circumstances.

10

If comments are made, for example by the CO or AR analyst, with respect to the CAF member's representations, the CAF member shall be provided with the comments and may make further representations based on the comments.

11

The AA:

  • reviews the AR case file, including the disclosure package and the CAF member's representations if provided;
  • reaches a decision; and
  • provides a written decision to the AR analyst, including the reasons for the decision.

12

The AR analyst forwards the AA's written decision, including the reasons for the decision, to the CAF member through the CAF member's CO.

AR Process and Coordinating Authority

5.4 The minimum steps as set out in the Procedural Fairness block shall be taken to ensure that the AR process is conducted fairly.

5.5 DMCA is the coordinating authority for the AR process for the CAF.

Standard of Proof and Evidence

5.6 The standard of proof in an AR is a balance of probabilities as set out in the following table:

The AA shall be satisfied that there is …that establishes on a balance of probabilities that an incident, special circumstance or professional deficiency has occurred …

clear and convincing evidence,

in an AR which may result in:

  • release under Item 1(b), 1(d), 2, 5(d) or 5(f) in the Table to QR&O article 15.01, Release of Officers and Non-Commissioned Members;
  • reversion in rank; or
  • a finding that the CAF member engaged in any activity described in an offence:
    • in the Code of Service Discipline; or
    • in any other federal legislation.

reliable evidence,

in any other AR.

Selection of Administrative Action

5.7 The selection of administrative action shall be based upon consideration of the following:

  1. the facts of the present case;
  2. the CAF member's entire period of service, taking into account the CAF member's rank, military occupation, experience and position;
  3. the CAF member's previous conduct or performance deficiencies, if any; and
  4. the CAF member's leadership role, if any.

AR Decisions

5.8 Before any administrative action is imposed, the AA shall ensure that he or she is authorized by QR&O or a DAOD to impose the selected action.

5.9 As a general principle, the appropriate administrative action is the one that best reflects the degree of incompatibility between the CAF member's conduct or performance deficiency and the CAF member's continued service in the CAF.

5.10 Once an AR case file has been reviewed and a decision reached, the AA may impose an administrative action, including:

  1. remedial measures under DAOD 5019-4;
  2. occupational transfer;
  3. transfer between sub-components;
  4. posting;
  5. an offer of terms of service in any case in which an offer has not been made by CAF authorities;
  6. reversion in rank; or
  7. release or recommendation for release, as applicable.

5.11 If the decision is release, the CAF member is to be released under the most appropriate item in the Table to QR&O article 15.01.

Reasons

5.12 The reasons for imposing an administrative action in respect of a CAF member shall contain sufficient information:

  1. to enable the CAF member to understand why the administrative action was imposed; and
  2. to permit review by grievance authorities.

5.13 The reasons provided shall specifically:

  1. identify the applicable evidence;
  2. explain how the evidence was treated; and
  3. state any findings based upon the evidence, and given those findings, explain why the specific administrative action was imposed.

AR Case Files

5.14 AR case files shall be retained in accordance with policies and procedures set out in the following documents, as applicable:

  1. DAOD 5050-0, Canadian Forces Personnel Records;
  2. The Military Human Resources Records Procedures (MHRRP); and
  3. Defence Subject Classification and Disposition System.

6. Responsibilities

Responsibility Table

6.1 The following table identifies the responsibilities associated with this DAOD:

The ...

is responsible for ...

DMCPG

  • developing AR policy.

DMCA

  • conducting an AR as applicable;
  • coordinating the AR process for the CAF;
  • providing advice regarding the AR process;
  • consulting with D Law Mil Pers as required; and
  • ensuring that an AR conducted in the DGMC organization is consistent with CAF policies and procedures.

D Mil C

  • conducting an AR as applicable; and
  • consulting with D Law Mil Pers as required.

D Med Pol

  • assigning permanent MELs;
  • consulting with D Law Mil Pers as required;
  • forwarding Form CF 2088, Notification of Change of Medical Employment Limitations (MEL), to DMCA for Regular Force members and to the area HQ or equivalent for Reserve Force members; and
  • providing medical advice to the AR analyst and the AA.

area commander or equivalent

  • conducting an AR as applicable;
  • ensuring that an AR conducted at the area HQ or equivalent level is consistent with CAF policies and procedures;
  • consulting with the local representative of the Judge Advocate General as required; and
  • providing documentation and information on Reserve Force members for an AR conducted for prohibited drug use or other involvement with drugs, sexual misconduct, alcohol misconduct or any other conduct deficiency.

CO

  • recommending the AR process be initiated as required;
  • consulting with the local representative of the Judge Advocate General as required;
  • providing all appropriate information and recommendation to the applicable AR analyst;
  • providing assistance to the CAF member in preparing their AR representations; and
  • ensuring that all information provided by the AR analyst is passed to the CAF member.

7. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

  • Canadian Human Rights Act
  • Privacy Act
  • QR&O 4.02, General Responsibilities of Officers
  • QR&O 5.01, General Responsibilities of Non-Commissioned Members
  • QR&O Chapter 7, Grievances
  • QR&O Chapter 15, Release
  • QR&O 19.07, Private Debts
  • QR&O 19.08, Bankruptcy
  • DAOD 5003-0, Restrictions on Duty and Individual Limitations
  • DAOD 5003-6, Contingency Cost Moves for Personal Reasons, Compassionate Status and Compassionate Posting
  • DAOD 5019-3, Canadian Forces Drug Control Program
  • DAOD 5019-4, Remedial Measures
  • DAOD 5019-5, Sexual Misconduct and Sexual Disorder
  • DAOD 5019-7, Alcohol Misconduct
  • DAOD 5019-8, Private Debts
  • DAOD 5023-1, Minimum Operational Standards Related to Universality of Service
  • DAOD 5023-2, Physical Fitness Program
  • DAOD 5044-4, Family Violence
  • DAOD 5050-0, Canadian Forces Personnel Records
  • DAOD 7002-0, Boards of Inquiry and Summary Investigations
  • CFAO 19-19, Disposal of Absentees
  • CFAO 19-43, Racist Conduct
  • ADM(HR-Mil) Instruction 11/04, Canadian Forces Medical Standards
  • The Military Human Resources Records Procedures (MHRRP)
  • Form CF 2088, Notification of Change of Medical Employment Limitations (MEL)
  • Defence Subject Classification and Disposition System (DSCDS)
  • CDS Delegated Release Authorities