| Suspension and Revocation Appeals Authority | 2137 - DESVAUX | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR. 5.30-1.
By order dated 8 August 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New, York, suspended
Appellant's seaman's documents for eight months, plus six months on
twelve months' probation, after finding her guilty of a charge of
misconduct. The specifications found proved alleged that while
serving as Messman on board SS AUSTRAL ENVOY under of the document
above captioned, Appellant did:
(1) on or about 11 January 1977 at approximately 0800 while
the vessel was at sea wrongfully assault and batter the
Chief Steward, William Yang, by spitting in his face;
(2) on or about 21 March 1977 at approximately 0945 while the
vessel was at the Port Newark, N.J. wrongfully assault
and batter the Master, Hector Bravo, by striking him in
the face with her hand;
(3) on 21 March 1977, at approximately 1250, while the vessel
was at Port Newark, N.J., wrongfully assault and batter
the Master, Hector Bravo, by striking him in the face
with her hands and by kicking him with her feet.
Appellant appeared pro se at the hearing and, after an
explanation (by the Administrative Law Judge) of her right to counsel and the possible consequences of her plea, waived her right
to counsel and entered a plea of not guilty to each of the three
specifications. | Appeal No. 2137 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2138 - HARDSAW | 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 13 October 1977, as amended 17 October 1977, an
Administrative Law Judge of the United States Coast Guard at San
Francisco, California suspended Appellant's seaman's documents for
three months upon finding him guilty of negligence. The
specification found proved alleges that while serving as OPERATOR
on board the TUG COLUMBIA, O/N 516116 under authority of the
license above captioned, on or about 15 September 1977, Appellant
did negligently fail to correctly ascertain the height of his tow
prior to attempting to pass under the San Francisco-Oakland Bay
Bridge and as a result of that negligence collided with the Bridge
causing damage to the Bridge and the tow.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence the unsworn
statements of the Appellant and one witness, and three items of
documentary evidence. | Appeal No. 2138 | Suspension and Revocation Appeals Authority | 11/8/1978 | 11/8/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2139 - DANCE | 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 June 1977, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's documents for one month on three months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a tankerman on board the
United States tank barge BAYOU TECHE under authority of the
document above captioned, on or about 12 May 1977, Appellant did
"transfer asphalt in said barge while not having sufficient
capacity with the deck discharge containment."
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.
Appellant testified in his own behalf.
At the end of the hearing, the Administrative Law Judge
reserved decision. He later concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of one month on
three months' probation. | Appeal No. 2139 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2140 - FOMICH | 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 28 January, 1977, an Administrative Law Judge
of the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for ten months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as able seaman on board the United States SS EAGLE
VOYAGER under authority of the document above captioned, on or
about 13 July 1976, Appellant assaulted another crewmember with a
dangerous weapon; on 19 and 20 July 1976, failed to perform duties
aboard the vessel; on 24 July 1976 failed to join the vessel at
Iljichevsk, U.S.S.R.
At the hearing, Appellant failed to appear, and a plea of not
guilty to the charge and each specification was entered by the
Administrative Law Judge.
The Investigating Officer introduced in evidence voyage
records of EAGLE VOYAGER, the testimony of one Abdulla A. Mohsin,
and a deposition of one David H. Regester, Jr., taken pursuant to
order.
There was no defense. | Appeal No. 2140 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2141 - WADDY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 239b, and Title 46 Code of Federal
Regulations 5.20-1.
By order dated 31 October 1977, an 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 and of the charge of "conviction for a narcotic drug law
violation." The specifications of misconduct found proved allege
that while serving as a pantryman on board the United States SS
PRESIDENT MONROE under authority of the document above captioned,
on or about 15 July 1977, Appellant assaulted and battered with his
fists one Keichi Kakuda, a waiter aboard the vessel, and on 20 July
1978, disobeyed a lawful order of the chief steward by entering a
passenger area of the vessel outside working hours.
The specification under 46 U.S.C. 239b alleged that Appellant
had been, on 9 July 1974, convicted in the Municipal Court of Los
Angeles County, California, of violation of section 11357 of the
Health and Safety Code, involving possession of marijuana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to each charge and each
specification. | Appeal No. 2141 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2142 - MALCOLM | 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 4 October 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after
hearing held on 22 July 1977 at Detroit, Michigan, suspended
Appellant's seaman's documents for three months plus three months
on twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
tankerman on board HANNAH 2902 under authority of the document
above captioned, on or about 18 July 1977, Appellant did, "while
said barge was transferring Bunker C at Mistersky Power Plant,
Detroit, Michigan, wrongfully absent himself from said barge while
transferring."
At the hearing, Appellant did not appear.
The Investigating Officer introduced in evidence certain
documents and the testimony of three witnesses.
There was no defense.
At the end of the hearing, the Administrative Law Judge
rendered an oral 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
three months on twelve months' probation. | Appeal No. 2142 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2143 - FOSTER | These appeals have been taken in accordance with Title 46
United States code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 3 January 1978 (CAMERON) and 6 January 1978
(FOSTER), an Administrative Law Judge of the United States Coast
Guard at Savannah, Georgia, suspended Appellant CAMERON's and
Appellant FOSTER's seaman's documents, respectively, for three
months outright plus six months on twelve months' probation upon
finding each guilty of misconduct. The four specifications found
proved allege that CAMERON, while serving as radio Officer, and
FOSTER, while serving as Chief Steward, onboard SS EXPORT CHAMPION under the authority of the respective documents above-captioned,
did:
(First) "on or about 1000, 15 October 1977, while said vessel
was anchored at Balboa, Panama Canal Zone, awaiting canal
transit, absent himself from said vessel proper
authorization;"
(Second) "on or about 1454, 15 October 1977, when said vessel
departed anchorage area to transit the canal, failed to join
said vessel upon its departure;"
(Third) "on or about 0900, 20 October 1977, while said vessel
was moored at Garden city, Georgia, did use abusive language
towards and Investigating Officer, a United States Coast Guard
Officer, CWO-4 William C HENDRY and did wrongfully impede him
in the performance of his official duties;" and
(Fourth) "on or about 1100, 21 October 1977, did use abusive
language towards a United States Shipping commissioner and
wrongfully impeded a United States coast Guard Officer, Ensign
Bruce P. MORELLI in the performance of his official duties." | Appeal No. 2143 | Suspension and Revocation Appeals Authority | 11/24/1978 | 11/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2144 - WILHELMY | 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 15 November 1977, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's License for a period of one month, on
probation for one year, after finding him guilty of a charge of
negligence. The specification found proved alleged that while
serving as Master aboard the United States M/V SAM LAUD, Appellant
did, on 4 July 1976, fail to accurately ascertain the vessel's
position with due care while approaching Buffalo South Entrance
Channel, Lake Erie, resulting in the grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The matter came on for hearing on 12 April 1977. The
Investigating Officer presented as evidence the testimony of
Wilfred J. Short, a mate on watch aboard M/V SAN LAUD at the time
of the incident, as well as documentary evidence. After the | Appeal No. 2144 | Suspension and Revocation Appeals Authority | 1/1/1978 | 1/1/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2145 - WALKER | 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 10 December 1976, and Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months plus three months
on three months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an AB
seaman on board the United States SS SAM HOUSTON under authority of
the document above captioned, Appellant:
(1) on 5 September 1976 wrongfully had intoxicants in his
possession aboard the vessel at sea, and failed to
perform duties,
(2) on 6 September 1976, wrongfully had intoxicants in his
possession at sea, and failed to perform duties, and
(3) on 1 October 1976, wrongfully failed to perform duties,
at Savannah, Georgia.
At the hearing, Appellant did not appear, although he had
requested a change of venue for his own convenience and had
received due notice of the change granted and of the scheduled
hearing. The Administrative Law Judge entered a plea of not guilty
to the charge and each specification. | Appeal No. 2145 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2146 - AUNE | This decision is entered in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations 5.30-3
(b).
By order dated 12 August 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 on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master of the United
States SS FRANCIS S. BUSHEY under authority of the license above
captioned, on or about 10 December 1976, Appellant did wrongfully
sail the vessel from Yorktown, Virginia, to New York, N.Y., in
violation of "your" Certificate of Inspection; to wit, sailing
without the proper complement of officers and crew. (46 U.S.C.
222).
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 several
documents and the testimony of three witnesses. | Appeal No. 2146 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2147 - ENNO | 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 Tampa, Florida, suspended Appellant's
seaman's documents for 2 months plus 6 months on 12 months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as First
Class Pilot on board M/V ESTHER MORAN and tank barge NEW YORK under
authority of the license above captioned, on or about 9 January
1977, during favorable weather, conditions, Appellant, while in
charge of maneuvering said vessels, did (1) negligently allow NEW
YORK to be maneuvered into the Tampa Electric Company pier, Tampa,
Florida, thus causing a collision between the barge and the pier
and damage both to the pier and to NEW YORK, and (2) negligently
cause oil to be spilled into Sparkman Channel, Tampa, Florida, as
a result of the aforementioned collision between NEW YORK and the
Tampa Electric Company pier.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2147 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2148 - LEVY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 9 December 1977, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months, plus six months on
twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as
Boatswain on board the United States S.S. EAGLE LEADER under
authority of the document above captioned, on or about 10 October
1977, while said vessel was at sea, Appellant did wrongfully
assault and batter James McDuff, a member of the crew.
The hearing was held at Corpus Christi, Texas, in two
sessions: the first on 25 October 1977; and the second on 7
November 1977.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2148 | Suspension and Revocation Appeals Authority | 1/30/1979 | 1/30/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2101 - KELLOGG | 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 8 April 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's licenses for 3 months outright plus 3 months on 12
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as Master on
board the United States SS EDGAR M. QUEENY under authority of the
license above captioned, on or about 31 January 1975, Appellant did
not have "a competent person standing by in position to let the
anchor go promptly as the vessel was maneuvering in congested
waters," and that Appellant did "wrongfully fail to take positive
action in sufficient time to prevent a collision with the SS
CORINTHOS."
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2101 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2102 - GABLE | 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 17 August 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and Merchant Marine documents for two months
outright plus six months on twelve months' probation upon finding
him guilty of the charge of "negligence." The specification found
proved alleges that while serving as First Assistant Engineer on
board the United States SS EAGLE LEADER, under authority of the
license and document above captioned, the Appellant "did on or
about 18 March 1976 at approximately 1600 negligently energize the
feedback circuit breaker on the generator switchboard thereby
allowing 440 volts A.C. power from the emergency generator to flow
to the main switchboard in the engine room creating a dangerous
arc, all the while knowing that the main switchboard was disabled
from an electrical casualty the day before and that engineering
personnel were working in the vicinity of the main switchboard
making a survey of the damage." | Appeal No. 2102 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2103 - SNELL | 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 27 October 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found alleges that Appellant, being the holder of the
captioned document, was convicted on 8 May 1972 of a violation of
the Uniform Narcotic Drug Act of the State of Washington in King
County Superior Court, a court of record, for possession and sale
of a narcotic drug, to wit, heroin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and the
specification.
The Investigating Officer introduced in evidence various
documentary evidence. | Appeal No. 2103 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2104 - BENSON | 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 November 1976, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license for 2 months on 6 months' probation upon
finding him guilty of misconduct. The specifications found proved
alleges that while serving as a crewmember on board the M/V Thomas
C.L. NUGENT while holding license above captioned, on or about 27
August 1976, Appellant wrongfully discharged oily bilge slops into
the navigable waters of the United States, to wit, the Ohio River
near Mile 572.0, causing a sheen upon the water's surface, a
violation of the Federal Water Pollution Control Act, Public Law
92-500 (86 Stat. 816).
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
No evidence was introduced. | Appeal No. 2104 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2105 - BROWN | 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 21 December 1976, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman document for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman/Quartermaster on board the United States SS GULFQUEEN under
authority of the document above captioned, on or about 6 March
1976, Appellant wrongfully committed assault and battery upon
another member of the crew with his fists and a metal bucket.
At the hearing, Appellant was represented by nonprofessional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2105 | Suspension and Revocation Appeals Authority | 6/7/1977 | 6/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2106 - CARDWELL | 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 9 November 1976, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license and other seaman's documents for two months
subject to six months probation upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as Operator and Person-in-Charge on board the M/V
THOMAS C.L. NUGENT under authority of the license above captioned,
on or about 27 August 1976, Appellant wrongfully permitted the
discharge of oily bilge slops from that vessel in the navigable
waters of the United States, to wit, the Ohio River near Mile
572.0, causing a sheen upon the water's surface, a violation of the
Federal Water Pollution Control Act, Public Law 92-500 (86 Stat.
816).
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification. | Appeal No. 2106 | Suspension and Revocation Appeals Authority | 9/12/1977 | 9/12/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2107 - HARRIS | 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 December 1976, an Administrative Law Judge
of the United States Coast Guard at Chicago admonished Appellant
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Able Seaman on board the SS
MORMACRIGEL under authority of the document above captioned, on or
about 25 May 1976, Appellant "did... wrongfully fail to turn to,
while said vessel was undocking from the port of Recife, Brazil."
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence exhibits
consisting of a certified extract of the Shipping Articles from the
MORMACRIGEL, a certified extract from the ship's official log,
certified copy of the relevant page of the log, and the
Investigating Officer's comments and conclusions regarding the
exhibits.
In defense, Appellant offered in evidence his own testimony as
to the accuracy of the log entries and as to the circumstances
surrounding the incident reported in the log. | Appeal No. 2107 | Suspension and Revocation Appeals Authority | 6/27/1977 | 6/27/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2108 - ROYSE | 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 December 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's operator's license for two months on six months'
probation upon finding him guilty of negligence. The specification
found proved alleges that Appellant, serving as operator on board
the MULTNOMAH under authority of the license above captioned, on or
about 4 September 1976, while said vessel was underway on the
Columbia River, crossed the upstream sill of the Bonneville Lock
and Dam, entering the navigation lock chamber against a red light
and without authorization to enter, in violation of 33 CFR
207.718(d)(3) and 207.718(c).
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 five witnesses and six exhibits consisting of documentary
evidence. | Appeal No. 2108 | Suspension and Revocation Appeals Authority | 6/29/1977 | 6/29/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2109 - SMITH | 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 30 November 1976, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman documents upon finding him guilty of the
charge of possession of a narcotic drug. The specification found
proved alleges that while serving as a Third Assistant Engineer on
board the United States SS PRESIDENT JEFFERSON under authority of
the documents above captioned, on or about 12 August 1976,
Appellant was wrongfully in possession of heroin.
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 six exhibits
and the testimony of four witnesses.
In defense, Appellant offered in evidence one exhibit. | Appeal No. 2109 | Suspension and Revocation Appeals Authority | 7/18/1977 | 7/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2110 - WRET | 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 27 January, 1977, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's seaman's documents for twelve months plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as a wiper on board the United States SS BALDBUTTE under
authority of the document above captioned, on or about 6 December
1976, Appellant assaulted and battered the chief engineer of the
vessel with a crescent wrench, at Los Angeles, California.
At the hearing, Appellant was represented by professional
counsel, entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents, photographs, and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony
and that of a witness. | Appeal No. 2110 | Suspension and Revocation Appeals Authority | 9/20/1977 | 9/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2111 - JENSEN | 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 14 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after hearing held
at Port Arthur, Texas, suspended Appellant's license for two months
plus three months on twelve months' probation upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as chief mate on board the United States
SS TEXACO NORTH DAKOTA under authority of the document and license
above captioned, on or about 2 and 3 October 1973, Appellant
wrongfully failed to supervise the tank cleaning operations in
progress which produced a combustible gas mixture accumulation in
the after pumproom resulting in an explosion and fire while said
vessel was underway in the Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2111 | Suspension and Revocation Appeals Authority | 9/20/1977 | 9/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2112 - 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 16 December 1976, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for six months on twelve months probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Operator on board the United States
Tug HUDSON under authority of the license above captioned, on or
about 23 August 1976, Appellant navigated his tow in a negligent
manner such as to cause his tow to come in contact with the Long
Island Bridge.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence CG Form 2692
Tug HUDSON, O.N. 249639, C.G. Form 2692 - Crane BARGE NO. 6, and a
copy of U. S. Department of Commerce National Oceanic and
Atmospheric Administration, National Ocean Survey Chart No. 13270 39th Ed., 1 March 1975 of Boston Harbor. LT William MILLER, USCG,
the casualty investigation officer, testified for the Investigating
Officer. | Appeal No. 2112 | Suspension and Revocation Appeals Authority | 11/14/1977 | 11/14/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2113 - HINDS | 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 28 January 1977, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's licenses for 1 month outright plus 2 months on
6 months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as
Master/First Class Pilot on board the United States SS SPARTAN
under authority of the license above captioned, on or about 12
August 1976, Appellant:
(1) wrongfully failed to obtain or properly use information
available from radar observations, for the purpose of
determining the safe course into Ludington Harbor,
Michigan.
(2) wrongfully failed to reduce the speed of his vessel
during conditions of fog and restricted visibility. | Appeal No. 2113 | Suspension and Revocation Appeals Authority | 2/28/1978 | 2/28/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2114 - HULTZ | 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 31 January 1977, and Administrative Law Judge
of the United States Coast Guard at New York, New York, after
hearing at Philadelphia, Pennsylvania, suspended Appellant's
license for three months on twelve months' probation upon finding
him guilty of negligence. The specification found proved alleges
in essence that while serving as operator of the tug H.C.
JEFFERSON under authority of the license above captioned, on or
about 15 May 1976, Appellant endangered the lives of persons aboard
a 16 foot pleasure craft in East Horseshoe Range, Delaware River,
by proceeding at a speed excessive under the conditions, with a
wake which caused the pleasure craft to be thrown against buoy #39.
At the hearing, Appellant was represented by professional
counsel and pleaded not guilty to the charge and specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two eyewitnesses who has been aboard the pleasure craft. | Appeal No. 2114 | Suspension and Revocation Appeals Authority | 3/1/1978 | 3/1/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2115 - CHRISTEN | 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 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
messman on board the SS American Corsair under authority of the
document above captioned, on or about 14 January 1971, Appellant:
(1) wrongfully assaulted the saloon pantryman, Charles G.
Pace, with intent to do harm by setting fire to his
mattress while he was sleeping upon same;
(2) wrongfully threatened to blow up the vessel, said vessel
being the carrier of a cargo of military explosives; and
(3) wrongfully lit matches on the main deck of said vessel
with full knowledge that the vessel was carrying military
explosives, and further, that said actions were
deliberate. A fourth specification that Appellant
wrongfully failed to perform his duties due to intoxication was found not proved.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2115 | Suspension and Revocation Appeals Authority | 3/24/1978 | 3/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2116 - BAGGETT | 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 8 November 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as a First Class Pilot on
board the SS PHILLIPS WASHINGTON under authority of the license
captioned above, on or about 31 January 1976, Appellant failed to
keep clear of overtaken vessels as required by the Inland Rules of
the Road, thereby contributing to a collision between SS PHILLIPS
WASHINGTON, the tug D.T. SHERIDAN, and the barge SEA STAR.
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 four witnesses and eighteen documentary exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of seven witnesses and seven documentary exhibits. | Appeal No. 2116 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2117 - AGUILAR | This appeal has been taken in accordance with 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 March 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 outright plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as AB seaman on board SS SANTA CLARA under authority of the
document above captioned, Appellant:
(1) at about 0315, 31 July 1976, at Cartagena, Colombia,
wrongful fail to turn to for assigned undocking duties;
(2) on 31 July 1976, at sea, wrongfully fail to
performdutieson the 0400-0800 watch;
(3) on 1 August 1976, at Cristobal, C.Z., wrongfully fail to
turn to for undocking duties and to perform on the 1600-2000
watch.
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 voyage
records of SANTA CLARA. | Appeal No. 2117 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2118 - HEBERT | 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 22 November 1976, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a
tankerman on board the tank barge EXXON 267 under authority of the
document above captioned, on or about 13 July 1976, Appellant:
wrongfully failed to properly supervise the transfer of
bunker "C" oil to tank barge EXXON 267 at the Exxon
facility at Chalmette, Louisiana, in that as person in
charge he wrongfully failed to remain in the immediate
vicinity of the transfer operation thereby contributing
to the pollution of the Mississippi River, a navigable
water of the United States.
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 one exhibit.
In defense, Appellant offered in evidence the testimony of one
witness. | Appeal No. 2118 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2119 - SMITH | 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 27 July 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
chief pumpman on board the United States SS AMERICAN EAGLE under
authority of the document above captioned, on or about 13 May 1977,
Appellant wrongfully had in his possession marijuana.
At the hearing, Appellant elected to act as his counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the following
documents:
(1) Affidavit of Service of the Charges,
(2) Copy of Form CG-735T, Master's Report of Seaman
shipped or discharged,
(3) Copy of Certificate of Discharge for Merchant
Seaman to Ronald A. Smith, Sr.,
(4) Copy of Pay Voucher from American Eagle Tanker
Corp.,
(5) Copies of Pages 37, 38, and 39 from the Official
Logbook of the S.S. AMERICAN EAGLE, (not admitted)
(6) Photo-copy of Page 42 of Official Logbook, S.S.
AMERICAN EAGLE,
(7) U.S. Customs Laboratory Report,
(8) Chain of Custody for substance found on S.S.
AMERICAN EAGLE,
(9) Sworn Statement of Francis P. POWERS, Master, S.S.
AMERICAN EAGLE,
(10) Statement of Edward MALLON, Chief Officer, S.S.
AMERICAN EAGLE.
The chief engineer on board the SS AMERICAN EAGLE, Mr. James W.
ECCLES, testified on behalf of the Investigating Officer. | Appeal No. 2119 | Suspension and Revocation Appeals Authority | 4/12/1978 | 4/12/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2120 - MCLAUGHLIN | This appeal has been taken in accordance with Title 46, United
States Code, Section 239b, and Title 46, Code of Federal
Regulations, Section 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard, at Tampa, Florida, revoked Appellant's
seaman documents upon finding him guilty of the charge of
"conviction of a narcotic drug law violation." The specification
found proved alleges that, while being the holder of the above
captioned document, on or about 7 June 1974, Appellant was
convicted of a violation of Florida Statute 893.13(1)(e) in the
Circuit Criminal Justice Court of Hillsborough County, Florida, for
violation of a narcotic drug law.
At the hearing, Appellant elected to act as his own counsel,
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified
copy of the Judgement of conviction for a narcotic drug law
violation entered in Case No. 74-445 in the Circuit Criminal
Justice Court of Hillsborough County, Florida, dated 7 June 1974.
Following the introduction of the court records, Appellant
made a statement on his own behalf under oath.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved by plea. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2120 | Suspension and Revocation Appeals Authority | 4/19/1978 | 4/19/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2121 - GIBBLE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code Federal Regulations 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as ordinary
seaman on board the United States SS ARCO PRESTIGE under authority
of the document above captioned, on or about 20 March 1977,
Appellant, while the vessel was at sea did wrongfully have in his
possession certain narcotics, to wit, marijuana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and seven exhibits.
In defense, Appellant offered in evidence his own testimony
and the testimony of one witness.
On 11 May 1977 the Judge rendered a written decision in which
he concluded that the charge and the specification had been proved.
He then entered an order revoking all documents issued to
Appellant.
The entire decision and order was served on 14 May 1977. | Appeal No. 2121 | Suspension and Revocation Appeals Authority | 5/23/1977 | 5/23/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2122 - RODIECK | 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 24 November 1976, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seamans's documents for 3 months on 12
months' probation upon finding him guilty of misconduct after
hearing held at Tampa, Florida. The specifications found proved
allege that while serving as operator on board M/T ADMIRAL LEFFLER
under authority of the documents above captioned, on or about 26
November 1975, Appellant:
(1) wrongfully required [sic.] an unlicensed person to
relieve him from his wheel watch and control the tug for
approximately ten minutes while he left the bridge.
(2) wrongfully failed to maintain a proper lookout, this
failure contributing to the collision between the towed
barge CECO 2501 and the motorboat FL-6138-BU with the
loss of three lives.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2122 | Suspension and Revocation Appeals Authority | 6/15/1978 | 6/15/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2123 - ARNOLD | 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 May 1977, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington suspended
Appellant's license for four months on ten months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the United States
towing vessel TECUMSEH, O.N. 258 916 under authority of the license
above captioned, on or about 5 August 1976, Appellant allowed the
towing bridle between his vessel and the barge SKIPANON to go slack
and drag on the bottom of the Coos River in a submarine cable area
causing the submarine cable to be broken.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification found proved.
The Investigating Officer introduced in evidence the sworn
testimony of Mssrs. Don Dillon, Dennis Reynolds, Homer Blakeney,
Steven Johnson, Orville Fuller, and Peter Busick, and the following documents: Affidavit of Service of the Charge; U.S. Army Engineer
District, Portland; "Coos Bay, Oregon 35' Channel Modification
General Plan"; U.S. Army Engineer District, Portland; "Coos Bay,
Oregon 35' Channel Modification Coos Bay and Empire Ranges";
Statement of Steven Phillip Johnson of 28 January 1977. | Appeal No. 2123 | Suspension and Revocation Appeals Authority | 6/14/1978 | 6/14/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2077 - FARMER | 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 17 January 1969 a Hearing Examiner, (now
Administrative Law Judge) of the United States Coast Guard at San
Francisco, California, revoked Appellant seaman's document upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a fireman/watertender on board the
United States SS YOUNG AMERICA under authority of the document
above captioned, on or about 11 August 1967, Appellant was
wrongfully and unlawfully in possession of marijuana, a legally
defined narcotic drug.
Appellant did not enter an appearance at the hearing, after
due notice of the time and place thereof. The Judge entered a plea
of not guilty to the charge and specification in Appellant's
behalf. Appellant was not represented by counsel, but had been
notified of his right to such representation. | Appeal No. 2077 | Suspension and Revocation Appeals Authority | 9/24/1976 | 9/24/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2078 - MCCOY | 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 31 March 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a third assistant engineer on board the
United States SS DELTA MAR under authority of the documents above
captioned, on or about 20 January 1976, Appellant wrongfully failed
to perform his duties due to being under the influence of
intoxicants.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence entries from
the.shipping articles and the official log as well as the testimony
of the Chief Engineer.
In defense, Appellant did not offer any evidence although he
did testify concerning his sailing record. | Appeal No. 2078 | Suspension and Revocation Appeals Authority | 9/23/1976 | 9/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2079 - SHEPARD | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 8 December 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as pilot on board the M/V FRANK D.
MOORES (Brit.) being the holder of the license above captioned, on
or about 16 July 1975, Appellant did imprudently navigate said
vessel in heavy fog causing the vessel to collide with a fixed
object, to wit, the Mount Hope Bridge, Mount Hope Bay, Rhode
Island.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence the testimony
of seven witnesses, and six exhibits. | Appeal No. 2079 | Suspension and Revocation Appeals Authority | 9/27/1976 | 9/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2080 - FULTON | 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 July 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
NOTRE DAME VICTORY under authority of the license and document
above captioned, on 30 Jaunuary 1975, Appellant did hazard his
vessel by proceeding up the Delaware River in an unsafe manner
without assistance of tugboats when the vessel's ship's service
generator was inoperable and the portable 500 kw generator was
operating in an unreliable manner and there were no immediate
backup ship's service generating capabilities.
A second charge concerning an improper logging was dismissed.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 2080 | Suspension and Revocation Appeals Authority | 10/8/1976 | 10/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2081 - BAILEY.PDF | 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 21 June 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for six months outright
upon finding him guilty of misconduct. The specifications found
proved allege that under authority of the document above captioned,
Appellant:
(1) While serving aboard the SEATRAIN MARYLAND as a
Fireman/Watertender,
(a) on 7 February 1969, wrongfully failed to join his
vessel on its departure from Sattahip, Thailand.
(2) While serving aboard the SS RAPHAEL SEMMES as a
Fireman/Watertender,
(a) on 9 April 1969, Appellant wrongfully failed to
join his vessel on its departure from Qui Nhon,
South Viet Nam;
(b) on 9 May 1969, Appellant was wrongfully absent from
his vessel and duties; and
(c) on 20 June 1969, turned over the last hour of his 2000 to 2400 port watch to another crew member
without authority and was thereafter absent from
his vessel and duties. Appellant then failed to
stand his 0800 to 1200 sea watch on 21 June 1969. | Appeal No. 2081 | Suspension and Revocation Appeals Authority | 10/27/1976 | 10/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2082 - 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 2 June 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as an
able seaman on board the United States SS PRESIDENT MCKINLEY under
authority of the document above captioned, on or about 23 December
1975, Appellant without provocation committed wrongful assault and
battery with his fists upon the vessel's Boatswain.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and one
specification.
The Investigating Officer introduced in evidence five exhibits
and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and one specification had
been proved. He then served a written order on Appellant revoking
all documents issued to Appellant.
The entire decision and order was served on 2 June 1676. | Appeal No. 2082 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2083 - SYBIAK | 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 13 February 1975, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as a Third Mate on board the SS TRENTON under
authority of the document and license above captioned, on or about
20 January 1975, Appellant (1) wrongfully failed to perform his
duties by reason of being under the influence of liquor; and (2)
wrongfully failed to perform his duties by departing his station to
wit: the engine order telegraph which was the duly appointed
station.
The hearing was held pursuant to the in absentia
regulations. A plea of not guilty to the charge and each
specification was entered by the Judge.
The Investigating Officer introduced in evidence the testimony
of LCDR Larry J. Balok with respect to what transpired on 24
January 1975 when the charge and specifications were preferred. | Appeal No. 2083 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2084 - WARREN | 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 9 February 1976 an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman documents for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Second
Assistant Engineer on board the United States SS AMERICAN LEADER
under authority of the documents above captioned, on or about 21
July 1975, Appellant wrongfully assaulted and battered a fellow
crewmember.
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 three
exhibits and the testimony of three witnesses.
In defense, Appellant offered in evidence three exhibits and
his own testimony. | Appeal No. 2084 | Suspension and Revocation Appeals Authority | 11/9/1976 | 11/9/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2085 - RICHARDS | 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 March 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
VANTAGE HORIZON under authority of the license above captioned, on
or about 14 December 1975, Appellant, while navigating on
Chesapeake Bay, during conditions of fog and restricted visibility
did wrongfully fail to obtain or properly use information available
to him from radar observations to determine the course and speed of
another vessel detected in his vicinity. A second part of the
specification found not proved and stricken from the specification
prior to Appellant's case in chief was that the error contributed
to a collision between his vessel and M/V DAEYANG PROSPERITY.
A second specification alleging that Appellant did wrongfully
fail to navigate his vessel with caution was found not proved.
A third specification alleging that Appellant did wrongfully
fail to navigate his vessel at a moderate speed was also found not proved. | Appeal No. 2085 | Suspension and Revocation Appeals Authority | 11/24/1976 | 11/24/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2086 - ERIKSON | 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 April 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and all other documents for 1 month outright
plus 2 months on 12 months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator on board the United States M/V PIONEER under
authority of the license above described, on or about 27 January
1976, Appellant "did wrongfully lose control of (the) vessel's tow,
the barge `BARGE 412', allowing it to collide with the U.S. Army
Corps of Engineers' survey boat CARLSON moored at the U.S. Army
Corps of Engineers' Depot Dock, Hutchinson Island," Savannah,
Georgia.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2086 | Suspension and Revocation Appeals Authority | 12/3/1976 | 12/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2087 - MOURIKIS | 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 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three months' probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as
Master on board the SS CONNECTICUT under authority of the document
and license above captioned, on or about 15 June 1975, Appellant
did neglect to take the necessary precautious required by the
ordinary practice of seamen (Article 29, Inland Rules of the Road),
to wit: attempt to navigate a light vessel in a restricted channel
during unfavorable weather, thereby causing a collision with the
(Liberian) M/V ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2087 | Suspension and Revocation Appeals Authority | 12/17/1976 | 12/17/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2088 - SORIANO | 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 8 July 1976, an Administrative Law Judge of the
United States Coast Guard at Seattle Washington suspended
Appellant's license no. 442 203 for six months on twelve months'
probation upon finding him guilty of violation of a statute. The
specification found proved alleges that as President of Swiftsure,
Inc., owner of M/V MARLIN, O.N. 568 721, an uninspected vessel, on
or about 24 January 1976, Appellant specifically directed the
master of said vessel to get underway from Seattle, Washington,
wrongfully carrying freight for hire in willful violation of 46
U.S.C. 367 and 404.
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 with the
approval of Appellant and his counsel a stipulation of fact (T-7).
See CG Exhibit 1. | Appeal No. 2088 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2089 - STEWART | 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 10 March 1976, an Administrative Law Judge of
the United States Coast Guard at Washington, North Carolina revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug violation." The specification found proved
alleges that while being the holder of the above captioned
document, on or about 15 December 1975 Appellant was convicted of
a violation of North Carolina General Statue 90-95(a'(3)) in the
Superior Court of New Hanover County, State of North Carolina, for
violation of a narcotic drug law.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
Judgement of conviction for a narcotic drug law violation entered
in Cause No. 75-CR-14629 in the General Court of Justice, Superior
Court Division, County of New Hanover, North Carolina, dated
December 15, 1975. | Appeal No. 2089 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2090 - LONGINO | This appeal has been taken in accordance with Title 46 United
States Code 214 and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three month's probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as a
pilot on board the SS CONNECTICUT, being holder of the document and
license above captioned, on or about 15 June 1975, Appellant did
neglect to take the necessary precautions required by the ordinary
practice of seamen (Article 29, Inland Rules of the Road), to wit:
attempt to navigate a light vessel in a restricted channel during
unfavorable weather, thereby causing a collision with the
(LIBERIAN) MV ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2090 | Suspension and Revocation Appeals Authority | 1/19/1977 | 1/19/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2091 - ERNSER | 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 24 May 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's license for one month outright plus three months on
twelve months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as pilot
on board the United States SS GULFKNIGHT under authority of the
license above captioned, on or about 27 May 1975, Appellant, while
navigating said vessel in Carquinez Strait, negligently allowed
said vessel to collide with the Ozol pier, a properly charted fixed
structure, in Martinez California.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses, as well as fourteen exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. | Appeal No. 2091 | Suspension and Revocation Appeals Authority | 1/31/1977 | 1/31/1977 | | 12/21/2017 |