DAOD 5019-2, Administrative Review

Identification

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 Forces (“CF members”).

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Director Military Careers Policy and Grievances (DMCPG)

Abbreviations

Table of Abbreviations

This DAOD contains the following abbreviations:

Abbreviation Complete 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

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.

General Principles

Context

Each CF 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 CF member’s continued service, an administrative action may be appropriate.

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

The CF is committed to an AR process that is fair.

Staff Involvement and AAs in the AR Process

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

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AR Types

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 Type Component AR Analyst AA For 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 CF 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

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

Step What Happens?

Notification

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

Disclosure

The AA shall provide the CF 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 CF 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 CF member considers necessary.

Consideration of all information

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

Provision of decision

The AA provides the decision to the CF member through the CF 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.

Administrative Review Process

Action Prior to AR Process

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

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

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

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AR Process Table

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

Step Action

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 CF member through the CF 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 CF member through the CF 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 CF 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 CF member may make written representations to the AA through the AR analyst, not later than 15 working days after the day that the CF member receives the disclosure package. If the CF member does not have sufficient time to make representations, the CF 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 CF member’s circumstances.

10

If comments are made, for example by the CO or AR analyst, with respect to the CF member’s representations, the CF 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 CF 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 CF member through the CF member’s CO.

AR Process and Coordinating Authority

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

DMCA is the coordinating authority for the AR process for the CF.

Standard of Proof and Evidence

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 CF 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

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

AR Decisions

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.

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

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

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

Reasons

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

The reasons provided shall specifically:

AR Case Files

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

Responsibilities

Responsibility Table

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 CF;
  • 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 CF 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 CF 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 CF member in preparing their AR representations; and
  • ensuring that all information provided by the AR analyst is passed to the CF member.

References

Source Reference

Related References