Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY CITATION: In re BrandonnLUV, 2022 RSC 805 DATE OF JUDGEMENT: December 13, 2022 BETWEEN: Ridgeway National Guard Applicant and BrandonnLUV Respondent REPORT AND RECOMMENDATIONS IN THE MATTER OF AN APPLICATION UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT I. Introduction [1] Captain ConstantlyVerbal applied for an administrative hearing under s. 1.3 of the Administrative Procedure Act on December 10, 2022. [2] The application named BrandonnLUV, an employee of the Ridgeway National Guard as the respondent. [3] The application sought to dishonourably discharge BrandonnLUV for one violation of department policy enumerated at s. 3004.1(b) of National Guard Code of Conduct. [4] Applicant ConstantlyVerbal filed a brief under s. 3.1 of the Employee Desertion Act in support of an expedited ruling in the absence of the respondent. [5] I am satisfied that the respondent has deserted their duties, failed to respond to the applicant’s communications, and failed to respond to the notices to appear before the administrative court. Accordingly, I will omit the hearing. [6] All factual allegations are assumed as true, having gone uncontested by the respondent, and are reproduced in Part II. II. Findings of Fact [7] On December 9th, 2022, it was reported to the Military Intelligence Service that Staff Sergeant BrandonnLUV had left the Ridgeway National Guard’s Roblox Group and Discord server without proper authorization or discharge. [8] The Ridgeway National Guard had no contact with the guardsman as Staff Sergeant BrandonnLUV left every Ridgeway-related Discord server. [9] On December 9th, 2022, the summary deposition of the investigation was sustained, and an investigation commenced by an investigator of the Military Intelligence Service. [10] On December 9th, 2022, the investigator was able to complete the final deposition of the case and marked it as sustained for the policy violations of 3004.1(b) Desertion - Type III. [11] The investigator recommended that Staff Sergeant BrandonnLUV be dishonorably discharged for committing Desertion and it was subsequently approved by Captain ConstantlyVerbal. [12] Exhibit A shows the Disciplinary Action Report completed by Sergeant domleisok, the investigator of the case, which alleges and affirms that BrandonnLUV left the National Guard Discord server and group without authorization. [13] Exhibit B is a screenshot submitted by the complainant showing that Staff Sergeant BrandonnLUV was not in the National Guard Roblox group upon search of their username. [14] Exhibit C shows the Staff Sergeant’s action logs and how there is no log that suggests any authorization or discharge approved. [15] Exhibit D shows that efforts were made to contact Staff Sergeant BrandonnLUV through the Ridgeway Discord but their account was not found in the Discord. [16] This further affirms that Staff Sergeant BrandonnLUV left the Ridgeway community. [17] Exhibit E shows a screenshot with the efforts made to contact Staff Sergeant BrandonnLUV through the Ridgeway National Guard Discord but their account was not found in the server. [18] This further affirms that Staff Sergeant BrandonnLUV left the National Guard Discord server. III. Findings of Law and Policy [19] It is a contravention of National Guard policies to leave official post without the proper authorization to do so without following all applicable regulations while leaving post. [20] The respondent contravened 3004.1(b) of the National Guard Code of Conduct when he failed to notify any command member of them leaving their official post. [21] Respondent BrandonnLUV is subject to the National Guard Code of Conduct. [22] I find that the act of leaving a Discord server or Roblox group was intentional. IV. Recommendations [23] The applicant recommends termination of the respondent’s employment in the National Guard in the nature of a dishonourable discharge. [24] The applicant is entitled to take any action up to and including a dishonourable discharge. Dated at the City of Palmer, in the State of Ridgeway this 13th day of December, 2022. “koalaMedvedeva” Judge koalaMedvedeva

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