| Suspension and Revocation Appeals Authority | 2202 - VAIL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 November 1978, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Deck Maintenanceman on board SS PRESIDENT HARRISON under
the authority of the document above captioned, on or about 5 March
1978, Appellant wrongfully had in his possession hashish and
marihuana; and on the same date wrongfully became under the
influence of narcotics.
The hearing was held at San Francisco, California, in two
sessions, on 21 July 1978 and 2 November 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating officer introduced in evidence the testimony
of two witnesses and seven documentary exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. The exhibit was marked for identification but not
admitted as competent evidence.
Initially the specifications did not identify the specific
narcotic substances involved. At the conclusion of the evidence
the Administrative Law Judge, sua sponte amended the charge
to identify hashish and marihuana.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
both specifications had been proved. He served a written order on
Appellant on 14 December 1978 revoking all documents issued to
Appellant.
The entire decision was served on 15 December 1978. Appeal
was timely filed and perfected. | Appeal No. 2202 | Suspension and Revocation Appeals Authority | 4/28/1980 | 4/28/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2203 - WEST | This appeal was taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 October 1978, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, after a hearing
at Norfolk on the same date, revoked Appellant's license and
document upon finding him guilty of conviction for a narcotic drug
law violation. The specification found proved alleged that
Appellant was convicted on 9 September 1974, in the U. S. District
Court for the Eastern District of Virginia, a court of record, of
distribution of narcotics, to wit: heroin.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced into evidence two
documents.
Appellant offered his own testimony and character evidence
consisting of 23 documents.
At the hearing on 5 October 1978, the Administrative Law
Judge, entered the order of revocation, after determining on the
record that the charge and specification as alleged had been
proved. A written decision was served 10 October 1978. Appeal was timely filed 16 October 1978. | Appeal No. 2203 | Suspension and Revocation Appeals Authority | 5/6/1980 | 5/6/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2204 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 December 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, after
a hearing on various dates between 11 July and 26 November 1979,
suspended Appellant's license for a period of six months upon
finding him guilty of negligence. The single specification of the
charge of negligence found proved alleges that Appellant, while
serving as pilot aboard SS DEL ORO, under authority of the
captioned document, did, on or about 13 June 1979, negligently fail
to properly maneuver and control said vessel thus running it
aground in the San Joaquin River between buoys numbers 49 and 51.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and six documents.
In defense, Appellant presented no evidence.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of suspension for a period of six months.
The decision was served on 6 December 1979. Appeal was timely
filed on 7 December 1979, and perfected on 5 February 1980. | Appeal No. 2204 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2205 - ROBLES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 September 1978, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's documents for two months on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving under
authority of the documents above captioned, on or about 5 June
1978, Appellant made a false statement of material fact, under
oath, in his application for a raise in grade of his license, filed
at Portland, Maine, when he stated he had not made application in
any other port and been denied a raise in grade within the previous
year when in fact he had applied and been denied a raise in grade
at Jacksonville, Florida, on 1 June 1978.
The hearing was held at Portland, Maine, from 6 July to 24
July 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and six exhibits.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of two months on
twelve months' probation.
The entire decision was served on 15 September 1978. Appeal
was timely filed and perfected. | Appeal No. 2205 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2206 - CREWS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 February 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months, plus twelve months
on twenty four months' probation, upon finding him guilty of
misconduct. The specifications found proved alleged that while
serving as able seaman on board SS COVE LEADER under authority of
the document above captioned, Appellant:
(1) on or about 21 September 1978 failed to perform
assigned duties at Odessa, U.S.S.R.,
(2) on or about 12 October 1978 failed to perform
assigned duties by reason of intoxication,
(3) on 12 October 1978 at Odessa, U.S.S.R., wrongfully
brought intoxicants aboard the vessel,
(4) on 12 October 1978 at Poti, U.S.S.R., failed to
perform assigned duties, and
(5) on 20 October 1978 at Poti, U.S.S.R., failed to
perform assigned duties.
The hearing was held at New Orleans, Louisiana, on 15 November
1978 and, after a change of venue requested by Appellant, at
Houston, Texas, on 27 November 1978.
Appellant did not appear for hearing.
The Administrative Law Judge at Houston entered a plea of not
guilty to the charge and all specifications and properly proceeded
in the absence of Appellant.
The Investigating Officer introduced several documents into
evidence.
There was no defense.
After the hearing, on 5 February 1979, the Administrative Law
Judge rendered a written decision in which he concluded that the
charge and specification had been proved. He then entered an order
suspending all documents issued to Appellant for a period of three
months plus twelve months on twenty four months' probation.
The entire decision was served on 21 February 1979. Appeal
was timely filed. | Appeal No. 2206 | Suspension and Revocation Appeals Authority | 5/12/1980 | 5/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2207 - CLARK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 January 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleged that while holder of the
document above captioned, on or about 23 June 1969, Appellant was
convicted by the Criminal Court of the City of New York, a court of
record, for the possession of a dangerous drug, to wit: heroin.
The hearing was held at New York, New York on 4 January 1979.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence three
documents.
Appellant offered no evidence in defense. | Appeal No. 2207 | Suspension and Revocation Appeals Authority | 5/19/1980 | 5/19/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2208 - ROGERS | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 January 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Miami, Florida, on 21 November 1978, revoked Appellant's
license upon finding hum guilty of conviction for a Narcotic Drug
Law violation. The specification found proved alleges that
Appellant,while the holder of the captioned document, was convicted
on 23 November 1977, of possession of narcotics, to wit, marijuana,
by the Hampton District Court, Hampton, New Hampshire.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced into evidence one
document.
In defense, Appellant introduced into evidence one document.
Subsequent to the hearing, the Administrative Law Judge entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an
order of revocation.
The written decision was served on 27 January 1979. Appeal
was timely filed on 22 January 1979, and perfected on 2 April 1979. | Appeal No. 2208 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2149 - ENGLISH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for one month, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification preferred alleged that while serving as crew
pantryman on board the United States SS MANHATTAN under authority
of the document above captioned, on or about 5 June 1978, Appellant
wrongfully did assault and batter by beating with his fists a
member of the crew, one Younis A. Khan.
The hearing was held at Long Beach, California, on 7 June
1978.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and Appellant testified in his own behalf.
When both sides had rested, the Administrative Law Judge, on
his own motion, amended the specification by substituting the words
"engage in mutual combat" for the words "assault and batter".
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification, as amended by him, had been proved. He then
entered an order suspending all documents issued to Appellant for
a period of one month plus four months on twelve months' probation.
The entire decision was served on 15 June 1978. Appeal was
timely filed. | Appeal No. 2149 | Suspension and Revocation Appeals Authority | 3/8/1979 | 3/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2150 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 May 1978, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for three months on twelve months'
probation, upon finding him guilty of misconduct. The two
specifications found proved allege that while serving as first
assistant engineer on board the United States SS BALDBUTTE under
authority of the license above captioned, on or about 25 and 26
January 1978, while the vessel was shifting berths in Long Beach,
Appellant did wrongfully fail to perform his duties as first
assistant Engineer by being absent from the vessel without leave.
The hearing was held at Long Beach from 22 February 1978 to 8
May 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2150 | Suspension and Revocation Appeals Authority | 3/20/1979 | 3/20/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2151 - GREEN | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 14 April 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for a period of four months upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as able bodied seaman on board the United
States SS THOMAS JEFFERSON under authority of the document above
captioned, Appellant failed to perform his duties on the 0000-0400
seawatch on 1 March 1978, and again on 16 March 1978, while the
vessel was at sea.
The hearing was held at Boston, Massachusetts, on 14 April
1978. Appellant was present at the hearing, but was not
represented by counsel. The Administrative Law Judge advised him
of his right to be so represented, but Appellant elected to proceed
without counsel. Upon arraignment, Appellant pleaded guilty to the
charge and specifications. Warned by the Administrative Law Judge
of the possible consequences of his action, Appellant nevertheless
persisted in his plea of guilty.
Despite the plea, the Investigating Officer introduced in
evidence voyage records of THOMAS JEFFERSON, as well as the
testimony of Captain Orie F. Graves, Master of the vessel.
After being reminded of his right to remain silent, Appellant chose to make a sworn statement in explanation of his guilty plea.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
two specifications had been proved by plea. He then served a
written order on Appellant suspending all documents issued to him
for a period of four months.
The entire written decision was served on 8 May 1978. Appeal
was timely filed on 8 May 1978 and perfected on 12 May 1978. | Appeal No. 2151 | Suspension and Revocation Appeals Authority | 4/3/1979 | 4/3/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2152 - MAGIE | By order dated 26 January 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Tampa, Florida, on 16 August and 7 September 1977,
suspended Appellant's license for a period of four(4) months on
probation for eight(8) months upon finding him guilty of misconduct
and negligence. The two specifications of the charge of misconduct
found proved allege (1) that while serving as operator aboard M/V
ALICE ST. PHILIP while pushing ahead the barge FAUSTINA, under
authority of the captioned license, Appellant did, on or about 16
April 1977, while navigating aforesaid vessel in a narrow channel,
fail to keep to that side of the fairway or midchannel which lies
on the starboard side of the vessel, as required by Article 25 of
the Inland Rules of the Road, thereby contributing to a collision
between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay,
Florida, and (2) in that Appellant, while serving as aforesaid,
did when approaching SS LOUISIANA BRIMSTONE head and head, or
nearly so, fail to pass said vessel properly on the port side,
after signaling his intention to do so by one short blast of his
whistle for a port-to-port passing as required by Article 18 of the Inland Rules of the Road, thereby contributing to a collision
between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay,
Florida. The two specifications of the charge of negligence found
proved allege (1) that Appellant, while serving as aforesaid, did
in a narrow channel, by failing to keep his vessel to that side of
the fairway or midchannel which lies on the starboard of his
vessel, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida, and (2) in that Appellant, while serving as
aforesaid, did when approaching SS LOUISIANA BRIMSTONE end on or nearly so, by failing to pass said vessel properly on the port side, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida. | Appeal No. 2152 | Suspension and Revocation Appeals Authority | 4/19/1979 | 4/19/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2153 - MCKINNEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 February 1977, an Administrative Law Judge
of the United States Coast Guard at Buffalo, New York, suspended
Appellant's seaman's documents for 9 months upon finding him guilty
of inattention to duty. The specifications upon which hearing was
held were, after amendments made on the record:
"FIRST: In that you, while serving as Master aboard EILEEN C
- which was pushing the tank barge NEPCO 140, under authority
of the captioned documents -- being the holder of the
captioned documents, did -- on or about 23 June 1976 while
said vessel was navigating the St. Lawrence River, fail to
properly maintain, or to have maintained, the position of the
tug, during conditions of reduced visibility due to fog, while
approaching an anchorage area, resulting in the grounding of
the NEPCO 140 on a shoal near LB - 217, off Mason Point, New
York.
"SECOND In that you, while serving as Master aboard EILEEN C,
under authority of the captioned documents, being the holder
of the captioned documents, did on or about 23 June 1976,
while said vessel was navigating the St. Lawrence River, fail
to post a person assigned the sole duty of lookout, for the
purpose of keeping a proper lookout." | Appeal No. 2153 | Suspension and Revocation Appeals Authority | 4/30/1979 | 4/30/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2154 - MCKEE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 March 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, after
hearing held at Valdez, Alaska, suspended Appellant's seaman's
documents for three months on twelve months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as Master of the United States SS AMERICA SUN
under authority of the document and license above captioned, on or
about 8 December 1977, Appellant did, while the vessel "was
departing the Port of Valdez, Alaska, wrongfully fail to obey an
order regarding said vessel's speed issued by competent authority,
to wit, the Captain of the Port, Prince William Sound, Alaska,
which was issued by verbal direction of the Vessel Traffic Center."
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
After hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification
had been proved. He entered an order suspending all documents
issued to Appellant for a period of three months on twelve months'
probation. | Appeal No. 2154 | Suspension and Revocation Appeals Authority | 5/11/1980 | 5/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2155 - HORNE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 March 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and merchant mariner's document for 1 month on
6 months' probation upon finding him guilty of misconduct. The two
specifications of misconduct found proved allege (1) that
Appellant, while serving as master aboard SS ACHILLES, under
authority of his license and document, on or about 9 January 1978,
wrongfully failed to plot the position of SS ACHILLES while
navigating from naval anchorage "A", Narragansett Bay, East
Passage, to Mount Hope Bay, Rhode Island; and (2) that Appellant
while serving as master of SS ACHILLES, under authority of his
license and document, "wrongfully navigated the vessel in violation
of the vessel's certificate of inspection from 17 December 1977 to
9 January 1978; to wit; the vessel's tailshaft was due to be drawn
no later than 31 October 1977."
At the hearing, Appellant was initially represented by
professional counsel, who was subsequently disqualified by the Administrative Law Judge on motion of the Coast Guard Investigating
Officer. Appellant then entered a plea of guilty to the charge and
specifications. | Appeal No. 2155 | Suspension and Revocation Appeals Authority | 5/11/1979 | 5/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2156 - EDWARDS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 July 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Savannah, Georgia, on 3 May, 4 May, and 14 June 1978,
revoked Appellant's license upon finding him guilty of misconduct.
The two specifications of the charge of misconduct found proved
allege (1) that Appellant, while serving as third assistant
engineer aboard the dredge M/V MANHATTAN ISLAND, under authority of
the captioned documents, did at or about 1000, 18 April 1978, while
the vessel was anchored in the Savannah River, Savannah, Georgia,
use abusive and foul language toward the Master of the vessel,
Captain Leroy A. PLATT; and(2) that Appellant, while serving as
third assistant engineer aboard the dredge M/V MANHATTAN ISLAND,
under authority of the captioned documents, did at or about 1210,
18 April 1978, while said vessel was moored in the Savannah River,
Savannah, Georgia,wrongfully assault and batter by choking with his
hands the Master of the vessel, Captain Leroy A. PLATT.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of six witnesses, three documents, and one photograph.
In defense, Appellant introduced into evidence the testimony
of five witnesses, his own included, and five documents. | Appeal No. 2156 | Suspension and Revocation Appeals Authority | 7/25/1979 | 7/25/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2157 - KING | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 27 March 1973, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina,
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board SS JAMES under authority of the
document above captioned, on or about 17 November 1972, Appellant,
at Apra, Guam, wrongfully had a quantity of marijuana in his
possession.
The hearing was opened at Wilmington, North Carolina, on 19
December 1972.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced certain evidence and
moved for the taking of testimony of two witnesses by deposition on
written interrogatories. The motion was granted and the hearing
was adjourned sine die.
A timely notice of reconvening of the hearing was delivered to
Appellant by registered mail, and the hearing was reopened as
scheduled on 8 March 1973 at Wilmington. Appellant did not appear
nor give notice of any kind. The hearing proceeded in
absentia.
After the hearing the Administrative Law Judge rendered a
written decision in which he concluded that the charge and specification had been proved. He then entered an order revoking
all documents issued to Appellant.
The decision was not served on Appellant until 28 November
1978. Notice of Appeal was timely filed on 26 December 1978. | Appeal No. 2157 | Suspension and Revocation Appeals Authority | 7/31/1979 | 7/31/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2158 - MCDONALD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 16 November 1977, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida, after a
hearing conducted at Tampa, Florida, on 16 June and 9 August 1977,
suspended Appellant's license for a period of one month and further
suspended his license for an additional period of four months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant while serving as First Class Pilot aboard SS
PHILLIPS WASHINGTON, under authority of the captioned document, did
on or about 27 March 1977, while the vessel was maneuvering in
Tampa Bay, Florida, negligently order full ahead engines while the
tug TONY ST. PHILIP was made fast to the stern of PHILLIPS
WASHINGTON, thereby resulting in tripping and subsequent sinking of
the tug TONY ST. PHILIP.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2158 | Suspension and Revocation Appeals Authority | 8/7/1979 | 8/7/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2159 - MILICI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.301.
By order dated 2 February 1977, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months outright plus four
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an able bodied seaman on board the United States SS
TRANSINDIANA under authority of the document above captioned, on or
about 25 June 1976, Appellant assaulted and battered another member
of the crew, one Horace Serrette, also an AB seaman.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of Horace Serrette.
In defense, Appellant offered in evidence his own testimony.
Later, the testimony of one Morales, taken by deposition on
written interrogatories, was entered in evidence by the
Investigating Officer.
After the hearing, the Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He then entered an order suspending all documents issued to Appellant for a period of two months outright plus four months
on twelve months' probation.
The entire decision was served on 14 February 1977. Appeal
was timely filed and perfected on 7 November 1977. | Appeal No. 2159 | Suspension and Revocation Appeals Authority | 8/15/1979 | 8/15/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2160 - WELLS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 19 May 1978, an Administrative Law Judge of the
United States Coast Guard at New York, New York, after a hearing at
Philadelphia, Pennsylvania, on 14 November, 7 December, and 28
December 1977, and 13 February and 19 April 1978, suspended the
captioned documents for a period of four months and further
suspended them for a period of four months on twelve month's
probation upon finding him guilty of misconduct. The two
specifications of the charge of misconduct found proved allege:
(1) that Appellant, while serving as third mate aboard SS OVERSEAS
VALDEZ, under authority of the captioned documents, did, on 9
November 1977, while the vessel was anchored in the Delaware Bay
off Lewis, Delaware, wrongfully strike with his fist Thurman Young,
able seaman, while in the vessel's chart room at approximately 0330
from which a fight was precipitated; and (2) that Appellant while
serving as aforesaid on 9 November 1977, did wrongfully fail to
obey the lawful order of the Master, Jay D. Bolton, by continuing
to fight with Thurman Toung after the Master had ordered him to
stop fighting. | Appeal No. 2160 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2161 - BRONZOVICH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 March 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida after
hearings at Jacksonville, Florida, on 29 November 1977 and 9
January 1978, suspended Appellant's license for two months and
further suspended it for three months on twelve months' probation
upon finding him guilty of negligence. Six specifications of
negligence had been alleged. The two specifications found proved
alleged (1) that Appellant, while serving as operator aboard the
Tug Boat ST2127, under authority of the captioned document, did on
or about 14 August 1977 fail "to sound the vessel ST2127's general
alarm prior to the moment of extremis [sic]," and (2) that
Appellant, while serving as above, failed to maintain the vessel
ST2127's double bottom fuel tanks and the after ballast tanks in a
ballasted condition for optimum stability.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2161 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2162 - ASHFORD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 24 May 1978, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, after a hearing at
Port Arthur, Texas, on 27 April 1978, suspended Appellant's license
outright until 20 December 1978 and Apellant's merchant mariner's
document outright until 20 September 1978, and further suspended
Appellant's merchant mariner's document until 20 December 1978, on
probation unit 20 December 1978, upon finding him guilty of
misconduct. The single specification of the charge of misconduct
found proved alleges that Appellant, while serving as operator
aboard M/V GULF WATER III, under authority of the captioned
documents, did, on 13 April 1978, wrongfully operate the motor
vessel GULF WATER III, an uninspected towing vessel, while the
captioned license was deposited in compliance with an order of
suspension.
At the hearing, Appellant represented himself. Appellant
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence six
documents. | Appeal No. 2162 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2163 - WITTICH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 7 June 1978, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida, after a hearing
at Jacksonville, Florida, on 30 May 1978, suspended Appellant's
license for a period of 6 months on probation for a period of 12
months upon finding him guilty of misconduct. The single
specification of misconduct found proved alleges that Appellant,
while serving as second assistant engineer aboard CAROLE G. INGRAM,
under authority of the captioned documents, did, on or about 25 May
1978, while in the service of CAROLE G. INGRAM and while on board
the INGRAM's tow, the barge IOS 3302, which was at anchor in the
St. John's River, Jacksonville, Florida, wrongfully assault and
batter by paushing down onto the sand locker of said barge, a
member of the crew. to wit AB Armando RODRIGUEZ.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and seven documents.
In defense, Appellant introduced into evidence his own
testimony. | Appeal No. 2163 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2164 - MURPHY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 16 February 1978, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
after a hearing at San Francisco, California, on 15 and 30 December
1977, and 24 January 1978, suspended Appellant's license for a
period of two months on probation for six months upon finding him
guilty of negligence. The single specification of the charge of
negligence found proved alleges that Appellant, while serving as
chief mate aboard SS EXXON PHILADELPHIA, under authority of the
captioned documents, did on 1 December 1977, while said vessel was
at Richmond Long Wharf, Chevron Oil Dock, Richmond, California,
negligently fail to align the ballast transfer valves properly
while ballasting the said vessel, thereby wrongfully discharging a
harmful quantity of oil into the navigable waters of the United
States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and specification. | Appeal No. 2164 | Suspension and Revocation Appeals Authority | 9/7/1979 | 9/7/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2165 - BOLDS | These appeals have been taken in accordance with Title 46
United states Code 239(g) and Title 48 Code of Federal Regulations
5.30-1.
By orders dated 26 October 1977 (BOLDS) and 27 October 1977
(BROOKS), an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida, revoked the seamen's documents of
both Appellants upon finding each guilty of misconduct. The
specifications found proved allege that BOLDS, while serving as
crew messman, and BROOKS, while serving as bedroom utility, on
board SS HESS VOYAGER under the authority of the respective
document above captioned, did:
"on or about 29 July 1977 wrongfully have in your possession
certain narcotics to wit; marijuana."
The cases of the Appellants were joined for a single hearing upon motion of the Investigating Officer. The hearing was held at
San Juan, Puerto Rico, on 12 and 13 October 1977. The hearings
were held in absentia, upon the failure of the Appellants
to appear at the time and place specified, after their requests to
the Administrative Law Judge for a change of venue were denied on
the grounds of insufficient reasons stated in the requests. The
Administrative Law Judge entered a plea of not guilty for each
Appellant as to the charge and specification against each.
Appellants were not represented by counsel in the course of the
proceedings leading to the initial decisions in these cases. | Appeal No. 2165 | Suspension and Revocation Appeals Authority | 9/11/1979 | 9/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2166 - REGISTER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Jacksonville, Florida, on 25, 27, and 29 April 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant, "while serving as Pilot aboard M/V PUERTO
RICO, under authority of the captioned documents, did on or about
1040, 25 March 1978, while entering the Saint Johns River from
seaward, failed[sic] to reduce the speed of the M/V PUERTO RICO
sufficiently in that the wake generated by said vessel was
excessive and caused damage to personal property on the adjacent
shoreline."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2166 | Suspension and Revocation Appeals Authority | 9/18/1979 | 9/18/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2167 - JONES | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 5 May 1978, and Administrative Law Judge of the
United States Coast Guard at San Francisco, California, after a
hearing at San Francisco, California, on 17 and 27 February and 30
March 1978, suspended Appellant's license and all other valid Coast
Guard issued licenses for a period of three months on probation for
six months upon finding him guilty of negligence. The one
specification of the charge of negligence found proved alleges that
Appellant, while serving as Master aboard SS SANTA MARIA, under
authority of the captioned document, did, on 9 February 1978, fail
to take timely action to prevent SS SANTA MARIA from running into
water too shallow for her draft, thereby causing the vessel to
ground in Carquinez Strait, California, on 9 February 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses, one deposition, and four documents. | Appeal No. 2167 | Suspension and Revocation Appeals Authority | 10/17/1979 | 10/17/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2168 - COOPER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 October 1978, an Administrative Law Judge of
the Untied States Coast Guard at Jacksonville, Florida, after a
hearing at Charleston, South Carolina, revoked Appellant's Merchant
Mariner's Document upon finding him guilty of "conviction for a
narcotic drug violation." The specification found proved alleges
that while the holder of the above-captioned document on 30 April
1971, Appellant was "convicted of possession of narcotics, to wit,
marijuana, by the Circuit Court of Cook County, Illinois."
At the hearing, Appellant appeared pro se and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified
copy of the "Complaint for Preliminary Examination" and subsequent
conviction by the Circuit Court of Cook County, Illinois, dated 20
September 1971.
Appellant offered no evidence but elected to make a sworn
statement in extenuation and mitigation pursuant to the provisions
of 46 CFR 5.20-85(b).
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision and order was served on 6 October 1978.
Appeal was timely filed on 6 October 1978, immediately after
service. | Appeal No. 2168 | Suspension and Revocation Appeals Authority | 10/23/1979 | 10/23/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2169 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 July 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for twelve months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as "Operator on board MV SUPER CAT under authority of
the license above captioned, on or about 5 January 1977, Appellant
committed eight assaults or assaults and batteries on, or uttered
threats to, four passengers aboard SUPER CAT.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
In defense, Appellant offered in evidence the testimony of
certain witnesses and certain documents. | Appeal No. 2169 | Suspension and Revocation Appeals Authority | 11/5/1979 | 11/5/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2170 - FELDMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 April 1977, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for six months, plus a further six
months on twelve months' probation, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as third mate on board the United States SS MAYAGUEZ under
authority of the document and license above captioned, on or about
21 March 1976, Appellant wrongfully failed to perform duties in
connection with undocking the vessel because of intoxication and
engaged in mutual combat with a member of the crew at Subic Bay,
and, on 22 March 1976, wrongfully failed to stand a sea watch
because of intoxication.
The hearing was held at Long Beach from 9 September 1976 to 25
March 1977.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each specification. | Appeal No. 2170 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2171 - DEIBAN | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 21 December 1977, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at New York, suspended Appellant's Merchant Mariner's
Document for a period of nine months and further suspended his
document for and additional period of three months on probation for
twelve months upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board SS MARINE EAGLE, under authority of the above captioned
document, Appellant on or about 5 August 1976 wrongfully assaulted
and battered Arthur T. Rudder, the Assistant Engineer, and that
Appellant wrongfully assaulted and battered Arthur T. Rudder with
a dangerous weapon.
Appellant was represented by professional counsel at the
hearing. The proceedings were interpreted form English to
Appellant's native language, Arabic, for Appellant's benefit.
Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
depositions of the victim and another eyewitness to the alleged
incident.
In defense, Appellant introduced into evidence and undated
statement of the Chief Officer of MARINE EAGLE which purports to reflect the oral unsworn statement of Appellant with respect to the
alleged incidents. | Appeal No. 2171 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2172 - CHAPMAN | The Decision on Appeal, No. 2127, in this case has been
reconsidered on my own motion. It was held in the principal
decision that because the expression "complement of officers and
crew" appeared in the first paragraph of R.S. 4463 (46 U.S.C. 222)
and the language in the second paragraph, allowing discretion to
the master of a vessel to sail with a deficiency, spoke only of a
deficiency in the "crew," there could be no allowable sailing of a
vessel with a deficiency of a licensed officer. It was said, "A
vessel may not, under this statute, be navigated at all with a
deficiency of a required licensed officer."
From the enactment of section 14, of Act, Feb. 28, 18718 ch.
100, 16 Stat. 446 the statute from which R.S. 4463 was derived,
until 1908, the law was concerned only with the problem of
deficiency of licensed officers. Such a deficiency was tolerated
under carefully prescribed circumstances. There was no reference
to deficiency of other than licensed officers, presumably because
such deficiencies were not considered significant at the time. In
1908 the statute was expanded to vest in the inspectors the
authority to prescribe the requirements not only of licensed
officers but also of the other seamen who might be found, in the
judgement of the inspectors, necessary for the safe navigation of
the vessel. The view expressed in the principal decision in this case necessitates a belief that the amendment of 1908 was intended
to allow a deficiency in the unlicensed members of the crew (who
had never before been "required") but to cut off completely the
possibility of the one form of deficiency with which the statute
had been concerned for over thirty years. | Appeal No. 2172 | Suspension and Revocation Appeals Authority | 11/21/1979 | 11/21/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2173 - PIERCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 July 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Pilot
aboard the SS RICE QUEEN, under the authority of the
above-captioned license, on or about 19 December 1977, Appellant,
while the vessel was underway within Suisun Bay, negligently failed
to take precautions necessary to prevent the collision of the SS
RICE QUEEN with Suisun Bay Light 31 (LLNR 872.20).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence a
stipulation of facts. | Appeal No. 2173 | Suspension and Revocation Appeals Authority | 11/28/1979 | 11/28/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2174 - TINGLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 December 1977, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, after hearing
at Anchorage, Alaska, on 8,9, and 10 November 1976, 16 and 17
February and 8 February and 8 September 1977, suspended Appellant's
license for a period for a period of three months upon finding him
guilty of negligence. The two specifications of negligence found
proved allege: (1) that Appellant, while serving as pilot aboard
SS PORTLAND, under authority of the captioned document, did on 20
October 1976 wrongfully fail to navigate the vessel prudently,
causing an a
llision between SS PORTLAND and the north end of the Anchorage City
Dock; and (2) that Appellant, while serving as aforesaid, did on 20
October 1976 wrongfully fail to ascertain the correct state of the
correct state of the tide, causing an allision between SS PORTLAND
and the north end of the Anchorage City Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2174 | Suspension and Revocation Appeals Authority | 1/7/1980 | 1/7/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2175 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 18 May 1977, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's license for one month and for an additional two months
on four months' probation upon finding him guilty of negligence.
The specification of negligence found proved alleges that Appellant
while serving as Pilot aboard SS PONCE DE LEON, under authority of
his license and document, on 7 December 1976 negligently navigated
SS PONCE DE LEON without the use of available tugboats while the
vessel was attempting to negotiate the turn from Army Terminal
Channel to Puerto Nuevo Channel, Bahia de San Juan, Puerto Rico,
thereby contributing to a collision between the PONCE DE LEON and
Puerto Nuevo Terminal Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2175 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2176 - REED | These appeals have been taken in accordance with 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 22 September 1977, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellants' seaman's documents each for six months on
twelve months' probation, upon finding each guilty of misconduct.
The specifications found proved allege that while serving on board
SS JEFF DAVIS under authority of the documents above captioned, on
or about 9 December 1976, each Appellant wrongfully created a
disturbance by engaging in a fight with the other.
The hearings were held in joinder at New Orleans, Louisiana,
on several occasions, from 15 February 1977 to 7 September 1977.
At the proceedings each Appellant was represented by
professional counsel and entered a plea of not guilty to the
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of one witness, obtained by deposition on written interrogatories,
and voyage records of JEFF DAVIS. | Appeal No. 2176 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2177 - HOMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 20 April 1978, suspended
Appellant's license for a period of two months and further
suspended it for one month on probation for 12 months. The two
specifications of the charge of negligence found proved allege (1)
that Appellant, while serving as Master aboard Tug KING PHILIP,
under authority of the captioned documents, did on 1 April 1978,
attempt to transit Cape Code Canal without assessing properly the
effects that the tidal current in the Canal would have on his
vessel and its tow, Tank Barge RHODE ISLAND; and (2) in that
Appellant, while serving as aforesaid, did ground the Tank Barge
RHODE ISLAND; and on the northern edge of Cape Cod on 1 April 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2177 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2178 - HALL | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 August 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's license for two months on six months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator of M/V GRANDE, under
authority of the license above captioned, on or about 3 July 1978,
Appellant negligently allowed passengers to throw trash and debris
over the side in violation of the Refuse Act of 1899.
At the hearing Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses.
In defense Appellant introduced the oral testimony of three
witnesses, including his own, and three photographs. | Appeal No. 2178 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2124 - BARROW | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 June 1977, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for 2 months outright plus 6 months on 12
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a Master
on board the motor tug ESTHER MORAN made fast to the stern of the
tank barge NEW YORK under authority of the license above captioned,
on or about 9 January 1977, Appellant did negligently abdicate his
position and negligently fail to perform his duties as master by
placing himself in such a position that he was unable to take the
necessary actions to avert the collision between the T/B NEW YORK
and the Tampa Electric Company dock.
A second specification alleging that Appellant did negligently
cause oil to be spilled in Sparkman Channel, Tampa, Florida as a
result of a collision between the T/B NEW YORK and the Tampa
Electric Company dock was found not proved. | Appeal No. 2124 | Suspension and Revocation Appeals Authority | 6/15/1978 | 6/15/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2125 - COPLEY | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 July 1977, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California revoked
Appellant's merchant mariner's document and Third Mate's License
upon finding him physically incompetent. The specification found
proved alleges that while serving as Mate aboard the United States
F/V ELSINORE under authority of the license above-captioned from 18
September 1976 until 28 October 1976 and on the date of the charge
sheet, Appellant was physically incompetent, in that he was not
possessed of the normal color sense.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Honesto S. TAJUNA, First Class Hospital Corpsman, USCG. He also
introduced documentary exhibits as follows: Exhibits 1A and 1B
(excerpts from Coast Guard Medical Manual, (CG-294) Section 3C,
pages 43 and 44); exhibits 3A and 3B (SF FORM 88, Report of Medical
Examination for Appellant dated 31 August 1976). | Appeal No. 2125 | Suspension and Revocation Appeals Authority | 6/20/1978 | 6/20/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2126 - RIVERA | This appeal has been taken in accordance with the Title 46
United States Code 239(g) Title 46 Code of Federal Regulations
5.30-1
By order dated 21 December 1976, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida suspended
Appellant's license for 3 months on 12 months' probation with
respect to all seaman's documents issued to Appellant upon finding
him guilty of negligence. The specification found proved alleges
that while serving as operator of the United States M/T CABO ROJO
and /or the M/T PUERTO NUEVO under authority of the documents
above captioned, on or about 18 October 1976, Appellant wrongfully
and negligently failed to navigate the Barge MIAMI, with the
assistance of the towing vessels PUERTO NUEVO and CABO ROJO, with
caution, notwithstanding the proximity of a visible buoy, thereby
contributing to a collision between the MIAMI and the Bahia de San
Juan lighted buoy 13 (LLNR1291)
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2126 | Suspension and Revocation Appeals Authority | 7/3/1978 | 7/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2127 - CHAPMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 26 April 1977, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman's documents for three months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master on board M/V
VIRGINIA CLIPPER under authority of the license above captioned, on
or about 13 April 1977, Appellant wrongfully navigated the vessel
from Baltimore, Maryland, to Norfolk, Virginia, without having on
board one of the licensed engineers required by the certificate of
inspection, in violation of 46 U.S.C. 222(R.S. 4436).
At the hearing, Appellant was represented by non-professional
counsel, the president of the company which owns VIRGINIA CLIPPER,
and entered a plea of guilty to the charge and specification.
Despite the plea of guilty, the Investigating Officer
introduced in evidence a copy of the certificate of inspection of
the vessel. | Appeal No. 2127 | Suspension and Revocation Appeals Authority | 7/18/1978 | 7/18/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2128 - HOLLINGSWORTH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order rendered on 15 July 1977, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a third pantryman on
board the SS President Fillmore under authority of the document
above captioned, on or about 13 May 1977, appellant did "wrongfully
create a disturbance aboard said vessel by yelling and addressing
foul and abusive language to a fellow crewmember, J. B. ALLEN."
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence seven
exhibits.
In defense, Appellant offered in evidence his own testimony
and no exhibits.
At the end of the hearing, the Judge rendered a written
decision in which he concluded that the charge and specification
had been proved. He then served a written order of admonition on
Appellant. | Appeal No. 2128 | Suspension and Revocation Appeals Authority | 7/27/1978 | 7/27/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2129 - RENFRO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for four months outright plus four months on
eight months's probation upon finding him guilty of negligence.
The specifications found proved allege that while serving as
operator of the towboat MISS SYLVIA under authority of the license
above captioned, on or about 8 July 1976, Appellant:
(1) failed to keep out of the way in a crossing situation of
the downbound vessel SEA HARMONY at New Orleans in the
Mississippi River;
(2) negligently entered the Mississippi River with his tow
without regard to "existing traffic," "causing a
collision between the tow and SEA HARMONY;" and
(3) negligently cause a medium "oil pollution spill" and
damage to SEA HARMONY
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each specification. | Appeal No. 2129 | Suspension and Revocation Appeals Authority | 7/27/1978 | 7/27/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2130 - BARTLOW | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code Federal Regulation 5.30-1.
By order dated 28 July 1977, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina,
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a steward
utility on board SS AMERICAN RANGER under authority of the document
above captioned, on or about 20 June 1977, Appellant wrongfully
used abusive and profane language toward the vessel's First
Assistant Engineer, Joseph Czarnecki. A second specification that
Appellant wrongfully assaulted the First Assistant Engineer by
brandishing his fist in a threatening manner and offering to
inflict bodily harm was found not proved.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence relevant
extracts of the ship's log, and the testimony of Joseph Czarnecki
and Lawrence J. Grembocki. | Appeal No. 2130 | Suspension and Revocation Appeals Authority | 7/28/1978 | 7/28/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2131 - NUNEZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 August 1977, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that while acting under
authority of the license above captioned, Appellant altered the
license by changing the date of issue from 22 February 1972 to 22
February 22 1973.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of one witness and documents relative to the issuance of license
no. 103934.
In defense, Appellant offered an unsworn statement.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge and specification had been proved. He then entered an order
revoking all documents issued to Appellant.
The entire decision was served on 22 August 1977. Appeal was
timely filed. | Appeal No. 2131 | Suspension and Revocation Appeals Authority | 8/4/1978 | 8/4/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2132 - KEENAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal regulations 5.30-1.
By order dated 11 January 1971, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct in a hearing held at Corpus Cristi, Texas, on 21
December 1970. The specification found proved alleges that while
serving as able seaman on board the United States SS OVERSEAS
PROGRESS under authority of the document above captioned, on or
about 18 December 1970, Appellant wrongfully engaged in acts of
sexual perversion with two other (named) members of the crew of the
vessel.
At the hearing, Appellant was represented by professional
counsel and pleaded guilty to the charge and specification.
The Administrative Law Judge warned Appellant of the
seriousness of the misconduct charged but Appellant, with
concurrence of counsel, persisted in the plea.
The Investigating Officer made a statement as to the facts as
to which evidence was available and Appellant, through counsel,
pleaded for leniency on the grounds that he was intoxicated at the
time of the occurrences. | Appeal No. 2132 | Suspension and Revocation Appeals Authority | 9/13/1978 | 9/13/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2133 - SANDLIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 16 June 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as Master of SS LASH ITALIA under
authority of the license above captioned, on or about 13 March
1976, Appellant neglected and failed to navigate the vessel with
due caution which resulted in grounding of said vessel in Fort
Sumter Channel, Charleston, South Carolina.
A specification of "Misconduct," alleging that Appellant had
wrongfully failed to give notice of that grounding in timely
fashion was dismissed as not proved.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2133 | Suspension and Revocation Appeals Authority | 9/25/1978 | 9/25/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2134 - JOHNSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 October 1977, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as master on board the United
States SS PHILLIPS WASHINGTON under authority of the license above
captioned, on or about 27 March 1977, Appellant failed to post a
proper watch to attend the stern towing line leading from SS
PHILLIPS WASHINGTON to the tug TONY ST. PHILLIP.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
Appellant's license for a period of three months on twelve months'
probation. | Appeal No. 2134 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2135 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license upon finding him to be a user of a narcotic
drug. The specification found proved alleges that on or about 8
October 1976, Appellant was, at or about [REDACTED]
[REDACTED], New Jersey, wrongfully a user of a narcotic drug.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of several witnesses.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At Appellant's request, the Administrative Law Judge arranged
for examination of Appellant at U.S.P.H.S. Hospital, Staten Island,
New York, and then himself called the examining physician as a
witness.
At the end of the hearing, the Judge rendered a decision in
which he concluded that the charge and specification had been
proved. He then entered an order revoking all documents issued to
Appellant.
The entire decision was served on 20 May 1977. Appeal was
timely filed, and perfected on 1 December 1977. | Appeal No. 2135 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2136 - DILLON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 September, 1977, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months on six months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master of SS COVE
COMMUNICATOR under authority of the license above captioned, on or
about 1 May 1977, Appellant "wrongfully departed a port of the
United States, to wit: New Orleans, Louisiana, to sea with less
than 65 per centrum of the deck crew, exclusive of licensed
officers, of said vessel holding a rating of able seaman."
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and several pertinent voyage records of COVE
COMMUNICATOR.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
suspending all documents issued to Appellant for a period of two
months on six months' probation. | Appeal No. 2136 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |