Summary
An Army driver was discharged shortly before completing pensionable service solely because he had received four red-ink entries within a year. The Court held that four entries merely enabled consideration for discharge and did not require it. The authority had mechanically counted entries without weighing the nature of the misconduct, the otherwise long service record or pension consequences. The discharge was set aside with consequential benefits.
Issues
- Whether four red-ink entries justified automatic discharge.
- Whether the authority considered the nature of misconduct, length of service and proximity to pension eligibility.
Held
- Four red-ink entries make a soldier eligible for consideration for discharge, not necessarily fit for discharge. The authority must examine the offences and all relevant circumstances, including long service, service conditions and approaching pension eligibility. (¶¶ 6.1, 6.2)
- The entries arose after years without adverse material, and the record did not show consideration of long service. Their underlying offences were not shown to be so grave that discharge was required to prevent indiscipline. The resulting mechanical decision was unjustified. (¶¶ 6.1, 6.2, 6.3, 6.4)
Result
The appeals were allowed without costs and the discharge set aside. The appellant was granted all consequential benefits and continuity of service for all purposes, including pension, as if discharge had not occurred. Monetary benefits were directed to be released within four months.