| Suspension and Revocation Appeals Authority | 2073 - SCHUESSLER | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1 and 3.
By order dated 20 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus two months
on six months' probation upon finding him guilty of the charge of
"inattention to duty" while acting as a pilot of a steam vessel.
The specification found proved alleges that while serving as a
pilot on board the S.S. SKUKUZA (South Africa) on or about 19 July
1975, Appellant failed to insure that the attending M/V J. HARRIS
MASTERSON was clear before maneuvering his vessel ahead in the
Houston Ship Channel, thereby causing a collision with the M/V J.
HARRIS MASTERSON.
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 three witnesses and ten exhibits. | Appeal No. 2073 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2074 - LOWEN | 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 August 1975, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked the
radar observer endorsement issued to Appellant and suspended his
licenses for a period of six months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the license above captioned, on or about
13 August 1973, Appellant did wrongfully and knowingly obtain from
the United States Coast Guard, at Coast Guard Marina Inspection
Office, Baltimore, Maryland, a renewal of a radar endorsement to
his Master's license No. 441494, through the presentation of a
false document attesting to his satisfactory completion of the
Radar Safety and Navigation Course at the Maritime Institute of
Technology and Graduate Studies, which course he had in truth and
in fact not satisfactorily completed; the false document concerned
being, Maritime Institute of Technology and Graduate Studies'
Certificate of Advanced Training Collision Avoidance Radar, dated
26 January 1973, which document, if valid, would have lawfully
entitled him to said endorsement under the authority of 46 CFR
10.02-9(a) (5). | Appeal No. 2074 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2075 - BOYLES | This appeal has been taken in accordance with Title 46 United
Stated Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 March 1976, an Administrative Law Judge of
The United States Coast Guard at Anchorage, Alaska, suspended
Appellant's seaman document for one month outright plus two months
on six months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as a
Tankerman on board the Barge 17, Official No. 268 871 under
authority of the document above captioned, on or about 4 March
1976, Appellant failed to take adequate precautions to prevent
cumulated oil on the deck of the barge from entering the navigable
waters of the United States by allowing the oil to drain off the
stern of the barge.
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 four exhibits.
In defense, Appellant offered in evidence testimony of two
witnesses, and one exhibit. | Appeal No. 2075 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2076 - OGERON | 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 25 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while under authority of
the document above captioned, on or about 24 August 1972, Appellant
was convicted by the Harris County District Court No. 184, Texas,
a court of record, for violation of the narcotic drug laws of the
State of Texas, to wit, possession of heroin.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
which included certified copies of the indictment by the Harris
County Grand Jury charging Appellant with possession of heroin and
the judgment finding Appellant guilty of that charge. | Appeal No. 2076 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2032 - KAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 31 October 1974, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman documents for two months outright plus
four months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Chief Mate on board the United States SS TRANSHURON
under authority of the license and document above captioned, on or
about 3 February 1974, Appellant wrongfully deserted the said
vessel at the port of Honolulu, Hawaii.
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 various
documents including the vessel's log entry concerning the incident,
and the testimony of one witness. | Appeal No. 2032 | Suspension and Revocation Appeals Authority | 9/15/1975 | 9/15/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2033 - NEVES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 19 December 1974, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for two months outright
plus six months on 12 months' probation upon finding him guilty of
the charge of violation of a statute (46 U.S.C. 224a). The
specification found proved alleges that while serving as Master on
board the Fishing Vessel CONSTITUTION under authority of the
license above captioned, from on or about 29 October 1973, to on or
about 4 December 1973, Appellant did willfully employ of engage to
perform the duties of mate aboard CONSTITUTION, a fishing vessel of
465.92 gross tons, a person or persons not licensed to perform such
duties, in violation of 46 U.S.C. 224a, for a fishing voyage on the
high seas that began in Cabo San Lucas, Baja California, Mexico,
and terminated in San Diego, California. | Appeal No. 2033 | Suspension and Revocation Appeals Authority | 9/16/1975 | 9/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2034 - BUFFINGTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 21 November 1974, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's seaman documents for 3 months on 12 months'
probation upon finding him guilty of misconduct and negligence.
The specification found proved alleged that while serving as a
Master on board the United States S/S SABINE under authority of the
document and license above captioned, on or about 17 August 1973,
Appellant:
(i) departed Bridgeport, Connecticut, on a foreign voyage to
Punta Cardon, Venezuela, without signing Shipping Articles before
a U.S. Shipping Commissioner to ship in foreign trade.
(ii) while serving as Master on this voyage, from 20-26
August, failed to maintain an official logbook. | Appeal No. 2034 | Suspension and Revocation Appeals Authority | 9/16/1975 | 9/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2035 - KROHN | 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 April 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for two months outright plus three
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Second Mate on board the SS MARINE FLORIDIAN under
authority of the document and license above captioned, on or about
20 January 1973, did wrongfully fail to navigate said vessel in
compliance with Rule 19 and Rule 22 of the International Rules of
the Road, while serving as the officer in charge of navigating said
vessel.
At the hearing, Appellant did not appear. A plea of not
guilty to the charge and specification was entered on Appellant's
behalf by the Administrative Law Judge.
The Investigating Officer introduced in evidence his own
testimony and documentary evidence consisting of sixteen exhibits. | Appeal No. 2035 | Suspension and Revocation Appeals Authority | 9/19/1975 | 9/19/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2036 - SCHMIDT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1 and 3.
By order dated 28 January 1975, an Administrative Law Judge of
the United States Coast Guard at Portland, Maine, revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that being the holder of the
captioned document on or about 16 January 1969, Appellant was
convicted of a violation of Chapter 94 Section 205 of the General
Laws of the Commonwealth of Massachusetts in the Third District
Court of Eastern Middlesex, a Court of Record, for "violation of
narcotic drug law (illegal possession of marijuana)." | Appeal No. 2036 | Suspension and Revocation Appeals Authority | 9/22/1975 | 9/22/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2038 - METCALFE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 25 April 1975, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas, 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 SS SAN ANTONIO under authority of the
document above captioned, on or about 23 April 1975, Appellant did
wrongfully commit assault and battery on a member of the crew,
Joseph M. Kelly.
At the hearing, Appellant elected to act as his own counsel,
with some assistance from the Beaumont-Port Arthur National
Maritime Union Port Agent, Joseph Patton, and entered a plea of
guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses.
In defense, Appellant offered in evidence the testimony of one
witness and his own testimony. | Appeal No. 2038 | Suspension and Revocation Appeals Authority | 9/30/1975 | 9/30/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2039 - DIETZE | This appeal had been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 15 January 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months outright upon finding him
guilty of negligence. The specifications found proved allege that
while serving as pilot on board M/V ANCO PRINCESS being the holder
of the license above captioned, on or about 24 September 1974,
Appellant, while navigating said vessel upbound on the Misissippi
River and meeting a downbound vessel and tow at approximately mile
4 AHP, (1) wrongfully failed to execute a port-to-port passing in
accordance with Article 18, Inland Rules of the Road, thereby
contributing to the collision between said vessel and the tow of
the M/V LIBBY BLACK, and (2) wrongfully failed to sound whistle
signals in accordance with Article 18, Inland Rules of the Road.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2039 | Suspension and Revocation Appeals Authority | 10/8/1975 | 10/8/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2040 - RAMIREZ | 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 January 1975, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman documents for six months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an oiler on board the SS HAWAIIAN
LEGISLATOR under authority of the document above captioned, on or
about 28 October 1974, Appellant did.
FIRST, wrongfully Assault and Batter by beating a member of
the crew, namely, 3rd Assistant Engineer Gilbert D. Quinn, and.
SECOND, wrongfully fail to perform his assigned duties by
reason of intoxication.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both
specifications. | Appeal No. 2040 | Suspension and Revocation Appeals Authority | 10/17/1975 | 10/17/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2041 - SISK | 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 May 1975, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for the three months upon finding him guilty of
negligence. The specification as found proved alleges that while
serving as operator of the towboat M/V JOSEPH M. JONES, under
authority of the license above captioned, on or about 26 February
1975, Appellant negligently overtook the M/V T.M. NORSWORTHY and
tow and negligently attempted at Mile 636, Ohio River to pass it
under circumstances involving risk of collision and without the
assent or knowledge of the Pilot of the T.M. NORSWORTHY, which was
then engaged in a difficult and dangerous flanking maneuver to
round a bend under conditions of very high water and strong
currents.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification | Appeal No. 2041 | Suspension and Revocation Appeals Authority | 10/29/1975 | 10/29/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2042 - KELLEY | 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 October 1974, and Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
admonished Appellant upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Chief
Engineer on board the SS JOHN B. WATERMAN, while the vessel was at
sea, under authority of the document and license above captioned,
Appellant did: (1) on 10 February 1974, at about 0800, wrongfully
disobey a lawful command of the Master in that he failed to report
to the Master's office to be logged, (2) on 10 February 1974, at
about 0735, use abusive language toward the Master, (3) on 10
February 1974, at about 1300, wrongfully disobey a lawful command
of the master in that he failed to report to the master's office to
be logged, (4) on 4 April 1974, wrongfully disobey a lawful
command of the master in that he failed to have the engine
watchstander's quarters soogeed, and (5) on 4 April 1974, use
abusive language toward the master. | Appeal No. 2042 | Suspension and Revocation Appeals Authority | 11/29/1975 | 11/29/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2093 - BOOHER | 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 April 1976, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas revoked
Appellant's seaman documents. The specification found proved
alleges that while serving as a wiper on board the United States SS
OVERSEAS ANCHORAGE under authority of the document above captioned,
on or about 14 December 1975, Appellant wrongfully assaulted and
battered a fellow crew member, Donald Gusis, with a deadly weapon,
to wit, a pipe, while the vessel was at Novorossiysk, USSR.
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 voyage
records of the SS OVERSEAS ANCHORAGE; an injury report concerning
Mr. Gusis; sketches of the room occupied by Gusis and Booher; the
weapon allegedly used; the testimony of the victim; and sworn
statements of three crew members. | Appeal No. 2093 | Suspension and Revocation Appeals Authority | 1/28/1977 | 1/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2051 - DESVAUX | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 13 February 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month outright plus four
months on fifteen months' probation upon finding her guilty of
misconduct. The specifications found proved allege that while
serving as rooms messman and crew messman on board SS YOUNG AMERICA
under authority of the document above captioned, Appellant:
(1) and (2) on 27 July 1974 wrongfully showed disrespect to
the Master of the vessel by means of letters addressed to
him;
(3) on 31 July 1974 wrongfully addressed the Chief Officer
with profane and disrespectful language;
(4) on 28 July 1974, acted in a disrespectful manner to the
Radio Officer through words and gestures; and
(5) on 31 July 1974, assaulted and battered the radio officer by striking him with her hands. | Appeal No. 2051 | Suspension and Revocation Appeals Authority | 3/19/1976 | 3/19/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2037 - SABO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 137.30,
now 5.30.
By order dated 8 January 1975, 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 an
A.B. on board the United States SS FREDERICK LYKES under authority
of the document above captioned, Appellant;
(1) did on or about 24 September 1974, while said
vessel was in the port of Malili, Indonesia, wrongfully
have intoxicating liquor in his possession;
(2) did on or about 7 October 1974, while said
vessel was in the Port of Bangkok, Thailand, wrongfully
fail to perform his duties; | Appeal No. 2037 | Suspension and Revocation Appeals Authority | 9/23/1975 | 9/23/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1966 - PETTER | By order dated 28 September 1972 at San Diego, California, and
amended on 25 October 1972 at Long Beach, California, an
Administrative Law Judge of the United States Coast Guard revoked
a fraudulently obtained endorsement on Appellant's license and
suspended said license for 12 months outright upon finding him
guilty of misconduct. The specifications found proved allege that,
while acting under the authority of the license above described
Appellant did:
(1) on or about 12 May 1971, knowingly, wrongfully and
fraudulently submit false evidence of device on certain waters in
applying for an extension of route on his existing license, to wit,
a letter dated 7 May 1971 from H & M Landing showing approximately
14 trips as a crew member; and
(2) on or about 4 May 1971, knowingly and wrongfully provided
fraudulent information for the purpose of extending the route on
the license of one of his employees, to wit, a letter dated 4 May 1971 stating that James Richard Hand had worked on Appellant's
vessel, BANDIDO, on certain waters on which Appellant knew or
should have known said employee had not in fact served.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced in evidence copies of
Appellant's license and two allegedly fraudulent letters and the
testimony of James R. Hand. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1967 - KENOPKE | By order dated 2 February 1971, an Examiner of the United
States Coast Guard at New Orleans, La., admonished Appellant upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board the SS GREEN DALE
under authority of the license above captioned, on or about 29 June
1968, Appellant neglected to exercise precautions required by
International Rules of the Road, Rule 29, in that he "failed to
take timely evasive action although whistle signal exchanges
between the SS GREEN DALE and MV NYMPHE so indicated action and
thereby contributed to a collision between the SS GREEN DALE and
another vessel, the MV NYMPHE.
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 in evidence a report of casualty involving GREEN DALE and the testimony of one witness.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order of admonition
against Appellant.
The entire decision was served on 8 February 1971. Appeal was
timely filed on 2 March 1971. Although Appellant had until 2 June
1971 to add to his appeal he has not done so. | Appeal No. 1967 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1969 - RIDDOCK | By order dated 27 April 1972, an Administarative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for six months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Chief Cook on board the SS PINE TREE STATE under
authority of the document above captioned, on or about 28 November
1971, Appellant, while said vessel was at sea, wrongfully
assaulted a crewmember, Pablo Rosario, by holding a knife and
telling him that he would stick it in his stomach.
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 certified
extracts fron the voyage records of the SS PINE TREE STATE. | Appeal No. 1969 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1970 - THOMAS | By order dated 9 September 1970, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him
professionally incompetent and mentally incompetent. The
specifications found proved allege that while serving as Third
Assistant Engineer on board the SS DESOTO under authority of the
document and license above captioned, Appellant:
(1) while the vessel was on a foreign voyage to Far Eastern
ports from 14 May to 7 August 1969, did, by his acts and
commissions while standing engine room watches, demonstrate that he
did not possess and exercise the professional skills and engine
room management of an ordinary prudent licensed Third Assistant
Engineer, thereby rendering himself unfit to serve on merchant
vessels of the United States; and (2) while the vessel was on said voyage from 14 May to 7
August 1969, did, by his acts and omissions, demonstrate that he
was suffering from a psychiatric disorder rendering him unfit to
serve on board merchant vessels of the United States.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to both charges and each
specification.
The Investigating Officer introduced in evidence the testimony
of the vessel's First and Second Engineers, a Customs official and
a psychiatrist and various documentary evidence.
In defense, Appellant offered in evidence a fit-for-duty slip. | Appeal No. 1970 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1971 - MOORE | By order dated 17 July 1972, 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
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 31 March 1972, Appellant was
convicted of the Narcotic Drug Laws of the State of California.
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 a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation.
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 revoking
all documents issued to Appellant.
The entire decision was served on 19 July 1972. Appeal was
timely filed on 16 August 1972. | Appeal No. 1971 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1972 - SIBLEY | By order dated 28 October 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California
suspended Appellant's seaman's documents for 3 months outright plus
5 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Bosun/AB on board the SS CHICAGO under authority of
the document above captioned, while the vessel was at sea,
Appellant:
(1) On 12 August 1970, wrongfully continued disobedience to
a lawful order;
(2) On 13 and 14 August 1970, wrongfully failed to perform
his duties due to intoxication and disobedience of a lawful
order; and
(3) On 15, 16, and 17 August 1970, wrongfully failed to perform his duties and disobeyed a lawful order.
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 photostatic
copies of certain pages of the Official Logbook of the vessel.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and the above
specifications had been proved. He then entered an order
suspending all documents, issued to Appellant, for a period of 3
months outright plus 5 months on 12 month's probation.
The entire decision was served on 3 November 1971. Appeal was
timely filed on 2 June 1972. | Appeal No. 1972 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1973 - CRUZ | By order dated 28 June 1972, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler-Maintenance-Utility on board the SS
DELTA MEXICO under authority of the documents above described, on
or about 15 May 1972, Appellant did wrongfully assault and batter
the Third Assistant Engineer.
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 excerpts from
the Shipping Articles and Official Ship's Log and other documentary
evidence.
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 by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months outright.
The entire decision was served on 8 December 1972. Appeal was
timely filed on 26 December 1972. | Appeal No. 1973 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1974 - VALS | By order dated 1 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board M/V F.
L. HAYES under authority of the document and license above
described, from at or about 2350, 20 March 1972, to at or about
0310, 21 March 1972, Appellant allowed himself to be relieved as
pilot of the vessel by a person, one Francis A. Burn, Jr., not
properly licensed for that responsibility thus contributing to the
subsequent grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced no evidence. In defense, Appellant stated that the relieving officer had a
third mate's license and a stipulation was made by counsel and the
Investigating Officer that this person had a sufficient number of
trips to quality to sit for an additional pilot's endorsement for
certain waters.
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 by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months on 12 months' probation.
The entire decision was served on 11 May 1972. Appeal was
timely filed. | Appeal No. 1974 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1975 - GRADDICK | By order dated 16 June 1972, 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.The specification found proved alleges that while
serving as Utility Messman on board the SS STEEL NAVIGATOR under
authority of the document above described, on or about 24 April
1972, Appellant wrongfully assaulted and battered the Utility
Messman Camilo Rojas by striking and cutting him on the hand with
a knife.
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 voyage
records of the SS STEEL NAVIGATOR and the testimony of several
witnesses.
In defense, Appellant offered in evidence his own testimony and sworn statements of two other witnesses.
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. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant.
The entire decision was served on 30 June 1972. Appeal was
timely filed on 3 July 1972. | Appeal No. 1975 | Suspension and Revocation Appeals Authority | 7/10/1973 | 7/10/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1976 - LUNDBORG | By order dated 6 June 1969, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an A. B. on board the SS CITY OF ALMA under
authority of the document above described, on or about 24 March
1969, Appellant did wrongfully assault and batter a crewmember,
Wallace G. Perry.
The hearing was held in absentia. A plea of not guilty to the
charge and specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Log, and a Consular Report.
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. The Administrative Law Judge then
entered an order suspending all documents issued to Appellant for
a period of six months outright.
The entire decision was served on 17 January 1973. Appeal was
timely filed on 12 February 1973. | Appeal No. 1976 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1977 - HARMER | By order dated 26 October 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an Ocean Operator on
board the M/B REDONDO SPECIAL under authority of the license above
described, on or about 18 September 1972, Appellant did wrongfully
conduct himself in a manner unbecoming an Operator by discharging
a dangerous weapon, a rifle, without warning, thereby frightening
passengers aboard said vessel while the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
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 by plea. The Administrative Law
Judge then entered an order admonishing Appellant.The entire decision was served on 13 November 1972. Appeal
was timely filed on 6 December 1972. | Appeal No. 1977 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1978 - DAVIS | By order dated 3 October 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Night Mate on board
the SS FORT WORTH under authority of the license above described,
on or about 30 September 1972, Appellant wrongfully failed to
properly supervise the cargo loading operation on said vessel
thereby allowing gasoline to overflow and pollute the navigable
waters of the United States at Norco, Louisiana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
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 by plea. The Administrative Law Judge then entered an order suspending all documents issued to
Appellant for a period of three months outright.
The entire decision was served on 16 October 1979. Appeal was
timely filed on 12 October 1972 | Appeal No. 1978 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1979 - NEVES | By order dated 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, suspended
Appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of the charge of violation of a
statute [46 U.S.C. 224a]. the specification found proved alleges
that while serving as Master on board Fishing Vessel CONSTITUTION
under authority of the license above captioned, from or on about 25
June 1972 to on or about 11 July 1972, Appellant did willfully
employ or engage to perform duties of mate on board the
CONSTITUTION, a fishing vessel of over 200 gross tons, a person or
persons not licensed to perform such duties in violation of 46
U.S.C. 224a (R.S. 4438a) for a fishing voyage on the high seas
which began and terminated at San Diego, California.
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 of CONSTITUTION.
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 and then entered an order
suspending all documents issued to Appellant for a period of six
months on 12 months' probation.
The entire decision was served on 2 August 1972. Appeal was
timely filed. | Appeal No. 1979 | Suspension and Revocation Appeals Authority | 7/26/1973 | 7/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1950 - JOHNSON | By order dated 28 February 1972, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug violation." The
specification found proved alleges that on or about 10 January
1972, Appellant was convicted for violation of a narcotic drug law,
to wit, importing into the U.S. hashish in violation of 21 U.S.C.
960(a)(1), 952(a).
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 record of
conviction by Federal District Court for the Central District of
California.
In defense, Appellant offered in evidence his own testimony. 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. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him.
The entire decision was served on 29 February 1972. Appeal
was timely filed on 14 March 1972. | Appeal No. 1950 | Suspension and Revocation Appeals Authority | 6/19/1973 | 6/19/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1951 - GUTZMER | By order dated 26 February 1970, 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 incompetence. The specifications found proved
allege that while serving as a Galleyman on board the SS PARISMINA
under authority of the document above captioned, on or about 13
September 1968, while said vessel was at Cam Rahn Bay, R. V. N.,
Appellant:
(1) did wrongfully assault a fellow crewman with a dangerous
weapon, to wit, he approached the Steward's Utilityman in a
passageway aboard said ship with a knife in his hand threatening to
use said knife upon him (misconduct);
(2) did wrongfully threaten such fellow crewmember aboard
said vessel, to wit, he threatened to cut him with a knife and kill
him (misconduct); (3) did wrongfully refuse to obey the order of the Master to
go to his room (misconduct);
(4) did assault a fellow crewmember aboard said vessel with
a dangerous weapon, thereby demonstrating a propensity to endanger
fellow crewmembers, rendering him incompetent to serve on U.S.
merchant vessels (incompetence);
and that while serving as a Messman on board the SS AMERICAN
RELIANCE under authority of the document above captioned, on or
about 22 December 1968, while said vessel was at Saigon, R. V. N.,
Appellant:
(5) did wrongfully assault and batter a fellow crewmember
with a dangerous weapon, to wit, he assaulted and struck Alan R.
Foshee with a dogging wrench on board said vessel (misconduct); and
(6) did assault and batter a fellow crewmember with a
dangerous weapon aboard said vessel, thereby demonstrating a
propensity to endanger fellow crewmembers, rendering him
incompetent to serve on U. S. Merchant vessels.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications, with the exception of (3) and (5) above to which he
pleaded guilty. | Appeal No. 1951 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1953 - GRIFFIN | By order dated 9 June 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an Able Bodied Seaman on board the SS AMOCO VIRGINIA
under authority of the document above captioned, on or about 7 June
1972 Appellant did assault and batter with a fireaxe handle
crewmember Thomas R. Casey.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the shipping articles and official ship's log, a medical bill and
the testimony of Third Mate, James Pennino, and Thomas R. Casey. In defense, Appellant offered in evidence his own testimony.
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 revoking
all documents, issued to Appellant.
The entire decision was served on 5 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1953 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1954 - STOCKSTILL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 October 1970, Appellant
was convicted by the 16th Judicial District Court of the State of
Louisiana, a Court of Record, for violation of the narcotics drug
laws of the State of Louisiana.
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 excerpts from
the record of the 16th Judicial Court of Louisiana and evidence of
a pardon granted Appellant by the Governor of Louisiana.
In defense, Appellant offered in evidence his own testimony,
seven letters attesting to his good conduct, and testimony of two
friends, his father and his wife.
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 18 July 1972. Appeal was
timely filed on 18 July 1972. | Appeal No. 1954 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1955 - MILLS | By order dated 24 May 1972, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's seaman's documents upon findings him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that on 18 December 1967,
Appellant now holder of the above captioned document was convicted
by the United States District Court for the District of Arizona for
violation of a narcotic drug law 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.
The Investigating Officer introduced in evidence records of
the U.S. District Court for the district of Arizona.
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. The Administrative Law Judge
then entered an order revoking all documents issued to Appellant. | Appeal No. 1955 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1956 - HANSON | By order dated 17 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, N. Y. suspended
Appellant's seaman's documents for 3 months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved below alleges that while serving as the Person in Charge on
board the tank barge B. NO. 110 under authority of the document
above captioned, on or about 21 April 1971, Appellant negligently
failed to perform his duties by allowing cargo transfer operations
to take place without giving his immediate supervision to an
unqualified person, while he was in the cabin of the barge reading
a book.
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 a certified copy of the certificate of inspection of the tank barge B. NO. 110,
an amendment to the certificate of inspection, and the testimony of
a Coast Guard boarding officer.
In defense, Appellant offered in evidence his own testimony
and that of one witness.
The Administrative Law Judge rendered a written decision in
which he amended the charge and specification and concluded that
the charge and specification was proved. He then served a written
order on Appellant suspending all documents, issued to him, for a
period of 3 months on 12 months' probation. | Appeal No. 1956 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1957 - DIAZ | By order dated 6 March 1972, 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
"conviction for a narcotics drug law violation." The specification
found proved alleges that Appellant was convicted of violation of
the narcotic drug laws of the United States by the United States
District Court for the Southern District of New York, a court of
record.
The hearing was held in absentia. A plea of not guilty to the
charge and specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence the record of
conviction.
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. The Administrative Law Judge then
entered an order revoking all document issued to Appellant.
The entire decision was served on 1 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1957 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1958 - NORTON | By order dated 23 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's license for 3 months outright plus 3 months on 9
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the H-10 Water Taxi #21 under authority of the license
above captioned, on or about 3 September 1971, Appellant did
negligently operate said vessel in Los Angeles Harbor in such a
manner as to endanger the life, limb and property of persons aboard
a motor lifeboat from the M/S MARGARET JOHNSON, to wit, operated
said vessel on such a course, at such speed and in such proximity
to the lifeboat in an overtaking situation as to create, without
justification, a hazardous condition.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1958 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1959 - HOGAN | By order dated 30 October 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, 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 alleges that on 6 April 1970, Appellant
was convicted in Superior Court of the State of California of
violation of the narcotic drug law of the State of California.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduce in evidence a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation. At the end of the hearing, the Administrative Law Judge
rendered on oral 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. 1959 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1960 - SEEHORN | By order dated 23 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's license for 6 months outright plus 6 months on 10
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Ocean
Operator on board the H-10 Water Taxi #11 under authority of the
license above captioned, on or about 3 September 1971, Appellant
did wrongfully and intentionally operate said vessel in Los Angeles
Harbor in such a manner as to endanger the life, limb and property
of persons aboard a motor lifeboat from the M/S MARGARET JOHNSON,
to wit, operated said vessel on such a course, at such speed and in
such proximity to the lifeboat in an overtaking situation as to
create, without justification, a hazardous condition.
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 records of
H-10 Water Taxi, live testimony of four witnesses and the
deposition of a fifth witness.
In defense, Appellant offered in evidence three diagrams and
the live testimony of himself, his co-respondent and two other
witnesses.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification were proved. He entered an order suspending all
documents issued to Appellant for a period of 6 months outright
plus 6 months on 10 months' probation. | Appeal No. 1960 | Suspension and Revocation Appeals Authority | 6/28/1973 | 6/28/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1961 - KELLEY | By order dated 5 September 1972, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine suspended
Appellant's seaman's documents for one month on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the M/V
ETHEL TIBBETTS under authority of the license above described,
between 8 and 10 January 1972, Appellant did wrongfully navigate
said vessel on a voyage from Portland to Jonesport, Maine while
manned in violation of 46 CFR 31.15 and 46 U.S.C. 222-223, to wit,
one licensed engineering officer and one licensed mate less than
required by the vessel's Certificate of Inspection.
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 two charts,
a copy of the vessel's Certificate of Inspection and the testimony
of the Officer in Charge of Marine Inspection, Portland, Maine.
In defense, Appellant offered in evidence his own and the
testimony of the General Manager of the vessel owner.
After the hearing, the Administrative Law Judge rendered a
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 one month on nine months'
probation.
The entire decision was served on 7 September 1972. Appeal
was timely filed on 12 September 1972 and perfected on 2 March
1973. | Appeal No. 1961 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1962 - MEAKENS | By order dated 7 September 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for four months outright plus two
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Deck Engine Mechanic on board the SS PONCE de LEON
under authority of the document above described, on or about 23
February 1972, Appellant did engage in mutual combat with a
crewmember, Marcos Colon.
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 the Third Assistant Engineer, Cristobal Jaquez. In defense, Appellant offered in evidence his own testimony
and certain medical records.
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. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of four months outright plus two months
on 12 months' probation.
The entire decision was served on 19 September 1972. Appeal
was timely filed on 25 September 1972. | Appeal No. 1962 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1963 - POTTS | By order dated 12 January 1973. an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for three months on six months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an A. B. on board the SS
WESTERN COMET under authority of the document above captioned, on
or about 18 December 1971, Appellant failed to join the vessel on
her sailing from Augusta, Sicily.
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 excerpts from
the Shipping Articles and the Official Ship's Log.
In defense, Appellant offered in evidence his own testimony
and was give a continuance to produce certain medical records, however, he failed to appear on the continuance date.
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. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for three months on six months' probation.
The entire decision was served on 18 January 1973. Appeal was
timely filed on 25 January 1973. | Appeal No. 1963 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1964 - COLON | By order dated 7 September 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months outright plus four
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Deck Engine Mechanic on board the SS PONCE de LEON
under authority of the document above described, on or about 23
February 1972, Appellant did wrongfully engage in mutual combat
with a member of the crew, William Meakens.
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 testimony of
the Third Assistant Engineer, Cristobal Jaquez. 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. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of two months outright plus four months
on 12 months' probation.
The entire decision was served on 18 September 1972. Appeal
was timely filed on 16 September 1972. | Appeal No. 1964 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1965 - BATISTA | By order dated 3 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for three months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Ordinary Seaman on board the SS MORMACARCO under
authority of the document above captioned, Appellant:
(1) did, on 23 July 1971, while said vessel was at sea,
wrongfully assault and batter with a dangerous weapon, to wit, a
knife, a member of the crew, Kenneth Smith;
(2) did, on 23 July 1971, wrongfully verbally threaten a
fellow crew member, Mr. Smith, with death; and
(3) did, on 31 July 1971, while said vessel was at sea,
wrongfully fail to perform his assigned duties due to intoxication. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of Bos'n Kenneth A. Smith, excerpts from the shipping articles and
officials ship's log and a sketch of the Bos'n's Room.
In defense, Appellant offered in evidence the testimony of
Appellant, excerpts from the official ship's log and medical log
and the deposition of Wilton Thompsett.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and three specifications had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of three months outright plus six months on
18 months' probation. | Appeal No. 1965 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1968 - JOHNSON | By order dated 25 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's license for one month outright plus two months on 12
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a Pilot on
board the Tankship F. L. HAYES under authority of the license above
captioned, on or about 3 January 1972 Appellant at about 1530
committed said vessel to an unsafe meeting situation with the M/V
SHEILA MORAN and its tow thereby contributing to the grounding of
said vessel on South Brothers Island, East River, New York.
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 in evidence the testimony
of Henry W. Goldhorn, Jr., a copy of the Tankship F. L. HAYES' Certificate of Inspection, and a chart of the East River.
In defense, Appellant offered in evidence the testimony of
himself and William Vals, Master of the F. L. HAYES.
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. The Administrative Law Judge
then served a written order on Appellant suspending his license for
a period of one month outright plus two months on 12 months'
probation.
The entire decision was served on 26 May 1972. Appeal was
timely filed on 31 May 1972. | Appeal No. 1968 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1952 - AXEL | By order dated 3 August 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month on six months
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Wiper on board the SS
STEEL MAKER under authority of the document above described, on or
about 29 May 1972, Appellant assaulted the Chief Engineer with a
chair.
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 excerpts from
the shipping articles and the official ship's log and the testimony
of the Chief Engineer and the Third Mate. In defense, Appellant offered in evidence copies of medical
reports and the testimony of the Saloon Messman and himself.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and one specification had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of one month on six months' probation.
The entire decision was served on 15 August 1972. Appeal was
timely filed on 21 August 1972. | Appeal No. 1952 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1902 - NEWBROUGH | By order dated 3 June 1970, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as First Assistant Radio Officer on board the SS
PRESIDENT CLEVELAND under authority of the document and license
captioned, Appellant, while the vessel was at sea,
(1) due to intoxication, wrongfully failed to stand a watch
on 25 July 1969;
(2) on 25 July 1969 wrongfully telephoned the Master who had
retired for the evening;
(3) on 25 July 1969 wrongfully entered and remained in the
Economy class Passenger Lounge area;
(5) on 25 July 1969 wrongfully refused to obey a lawful order
of the Chief Officer to leave that area;
(6) on 25 July 1969 wrongfully entered and remained on the
Economy class Passenger Promenade Deck;
(7) on 25 July 1969 wrongfully failed to obey a lawful order
of the Chief Officer to leave that area and had to be
forcibly removed;
(8) on 25 July 1969 wrongfully possessed in his room
intoxicating beverages;
(9) on 25 July 1969 wrongfully refused to obey a lawful order
of the Master to leave the passageway outside the
Master's Office and had to be forcibly escorted to his
room;
(10) on 25 July 1969 wrongfully attempted to leave his room
contrary to the Master's direct order;
(11) on 25 July 1969 (Meridian Day) wrongfully disobeyed the
Master's direct order to remain in the ship's hospital;
(12) on 25 july 1969 (Meridian Day) wrongfully entered the
radioroom and grabbed the controls over the Chief Radio
Officer's objection; | Appeal No. 1902 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1903 - MCMARRAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 January 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for six months outright plus six
months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as A.B., on board SS MORMACRIO under authority of the
document above captioned, Appellant:
(1) on 17 October 1969 did wrongfully assault and batter a
fellow crewmember, while the vessel was at sea;
(2) on 22 October 1969 did wrongfully fail to obey a lawful
order of the Chief Mate, to present the "Medical Report
of Duty Status" form at Baltimore, Maryland; and
(3) on 23 October 1969 did wrongfully desert the vessel at
Baltimore, Maryland, after being ordered to remain aboard by the Chief Mate.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence excerpts from
the vessel's shipping articles and official log and testimony by
the Master and four crewmembers.
In defense, Appellant offered in evidence his own testimony,
notes of the Investigating Officer, the "Medical Report of Duty
Status" form, and a clinical abstract from USPHS Hospital,
Baltimore, Maryland. | Appeal No. 1903 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1904 - JOHNSON | By order dated 23 July 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an Ordinary Seaman on board the
SS HANS ISBRANDTSEN under authority of the document above
captioned, on or about 10 February 1969, Appellant, while the
vessel was in the port of Singapore:
(1) was wrongfully unable to perform his assigned duties by
reason of intoxication;
(2) did wrongfully urinate in the passageway outside the 4-8
Ordinary Seaman's forecastle; and
(3) did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
first specification and not guilty to the second and third
specifications.
The Investigating Officer introduced in evidence a Consular
Report with attachments and depositions of the victim and six other
crewmembers.
In defense, Appellant offered in evidence his testimony, his
military record, photographs of his room, a letter from his
attorney to the Singapore Police, two letters written by Appellant
and the receipt for a fine paid to the Singapore Police. | Appeal No. 1904 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |