| Suspension and Revocation Appeals Authority | 2272 - PITTS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 9 March 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's seaman's documents for one month, plus three months on
twelve months' probation upon finding him guilty of one charge of
negligence and one charge of misconduct. The respective supporting
specifications found proved alleged: that while serving as
Operator on board the M/V MORANIA #16 and Tow Barge MORANIA #400
under authority of the license above captioned on 19 February 1980,
Appellant's flotilla collided with berth 2 of South Carolina State
Ports Authority Columbia Street Terminal in Charleston, South
Carolina; and that Appellant, while serving as aforesaid,
wrongfully exceeded the scope of his license by navigating from the
high seas into inland waters to wit: Charleston Harbor, S.C.,
without having aboard a properly licensed pilot as required by 46
U.S.C. 364. A third charge, sounding in "Violation of Law," was
found not proved.
The hearing was held at Charleston, South Carolina on May 22,
1980. | Appeal No. 2272 | Suspension and Revocation Appeals Authority | 3/30/1982 | 3/30/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2273 - SILVERMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 10 July, 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's United States Coast Guard Merchant Mariner's
Document No. [REDACTED]-D3 for six months outright plus an
additional period of six months on twelve months' probation, upon
finding him guilty of two specifications of misconduct, assault and
battery and disobedience of a lawful order. The specifications
found proved alleged that while serving as Fireman/Watertender
onboard SS JOHN LYKES, under authority of the captioned document
Appellant did, on or about 18 February 1980, assault and battery
the Second Assistant Engineer, and on or about 11 February 1980 did
fail to obey a lawful order of the Second Assistant Engineer by
changing fuel oil strainers in the engine room without permission.
A second specification of failure to obey an order was found not
proved.
The hearing was held at San Francisco, California, in seven
sessions between 5 May 1980 and 3 July 1980. | Appeal No. 2273 | Suspension and Revocation Appeals Authority | 4/8/1982 | 4/8/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2274 - SMART | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 28 July 1981, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for two months on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving as Tankerman
on board the Crowley Barge 4 under authority of the document above
captioned, on or about 16 June 1981, Appellant wrongfully smoked a
cigarette on the weather deck of said vessel while not in a gas
free condition at Long Beach Berth 233 while bunkering the M/V
ORIENTAL EXECUTIVE.
The hearing was held at Long Beach, California, on 6 and 16
July 1981.
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 one document,
and an agreed stipulation of facts.
In defense, Appellant offered in evidence the testimony of two
witnesses, including his own, and documentary exhibits. | Appeal No. 2274 | Suspension and Revocation Appeals Authority | 5/5/1982 | 5/5/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2275 - ALOUISE | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 18 May 1981, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Mo. suspended Appellant's
license for 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 M/V R. E. DOYLE under
authority of the license above captioned, on or about 9 May 1980,
Appellant operated his vessel in a negligent manner creating an
excessive wake which caused 15 barges to break loose from their
moorings at Cleancoal Terminal Facility, Mile 535.2 L/B Ohio River.
A hearing was held at Cincinnati, Ohio on 1 April and
rehearing was held on 7 May 1981 to hear the testimony of a defense
witness.
At the hearings, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2275 | Suspension and Revocation Appeals Authority | 6/4/1982 | 6/4/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2276 - LUDLUM | This review 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 Norfolk, Virginia, suspended
Appellant's license for one month on twelve months' probation upon
finding hin guilty of neglignece after a hearing held at
Wilmington, North Carolina. The specification found proved alleges
that while serving as pilot of M/V TORRENT under authority of the
license above captioned, on or about 23 August 1976, Appellant
wrongfully failed to sound a danger signal upon meeting SS EASTERN
SUN near buoy 50, on the Cape Fear River, thereby contributing to
a collision between his vessel and SS EASTERN SUN.
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, the deposition of another witness, and several
documents. | Appeal No. 2276 | Suspension and Revocation Appeals Authority | 6/1/1982 | 6/1/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2277 - BANASHAK | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 28 May 1980, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
documents for two months on four months' probation upon finding him
guilty of negligence. The specifications found proved allege that
while serving as operator on board M/V GULF HAWK under authority of
the document and license above captioned, on or about 24 February
1980, Appellant: 1)failed to navigate his vessel with due caution
by directing the movement of the vessel and tow to port in a close
quarters situation, thereby contributing to a collision between SS
TEXAS SUN and GULF HAWK's tow; and, 2)failed properly to utilize
the radar while visibility was restricted.
The hearing was held at Port Arthur, Texas, on 19 March 1980.
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 two exhibits
and the testimony of one witness.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge
reserved decision. He subsequently entered findings that the
charge and two specifications had been proved. He then served a
written order on Appellant suspending all documents issued to him
for a period of two months on four months' probation.
The entire decision was served on 29 May 1980. Appeal was
timely filed on 23 June 1980 and perfected on 7 November 1980. | Appeal No. 2277 | Suspension and Revocation Appeals Authority | 6/29/1982 | 6/29/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2278 - BELTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 November 1981, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for two months plus six months on eight months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as operator on board United
States M/V CROCHET No. 2 under authority of the license above
captioned, on or about 7 June 1981, Appellant negligently navigated
said vessel causing a barge the vessel was towing to allide with
the grounded S/V TALOFA LEE, damaging the pleasure craft.
A hearing was held at Norfolk, Virginia, on 15 October 1981
and continued on 19 October 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and four exhibits. | Appeal No. 2278 | Suspension and Revocation Appeals Authority | 7/14/1982 | 7/14/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2279 - LEWIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated February 11, 1981, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The amended specifications found proved alleged that
while serving as Wiper on board the SS DELTA SUD under authority of
the document above captioned, on or about 5 February 1981,
Appellant wrongfully possessed a narcotic drug aboard the vessel,
to wit: marijuana and did wrongfully engage in disorderly conduct
by using foul and abusive language to both the officers of the
DELTA SUD and Coast Guard marine inspectors.
The hearing was held at New Orleans, Louisiana, on 11 February
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five exhibits.
In defense Appellant testified on his own behalf.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and both specifications had been proved. He then served a written
order on Appellant revoking all documents issued to Appellant. | Appeal No. 2279 | Suspension and Revocation Appeals Authority | 7/16/1982 | 7/16/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1980 - PADILLA | 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 22 December 1970, 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 eighteen months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Bedroom Messman on
board SS ROBIN GOODFELLOW under authority of the document above
captioned, on or about 24 May 1970, Appellant wrongfully struck
Walter L. McBride, a fellow crewmember, with his fists while said
vessel was at Poro Point, San Fernando, La Anion, R. P.
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 a witness, and a Consular report.
In defense, Appellant offered in evidence his own testimony,
that of another witness and some medical reports.
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 eighteen months' probation. | Appeal No. 1980 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1981 - HERMANSEN | 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 28 October 1969, an Administrative Law Judge of the United States Coast Guard at New York, New York, issued an admonition to Appellant upon finding him guilty of negligence. The specification found proved al-leges that while serving as Master of M/V V. L. KEEGAN II under authority of the license above captioned, on 19 March 1968, Appellant negligently navigated his vessel on the wrong side of the channel in the East River, New York, near Hell Gate, contributing to a collision between his vessel and M/V OWLS HEAD.
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 certain documents.
In defense, Appellant offered in evidence the testimony of four witnesses and certain documents.
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 placing an admonition in Appellant's record.
The entire decision was served on 29 October 1969. Appeal was timely filed on 26 November 1969 and perfected on June 1970. | Appeal No. 1981 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1982 - GOLTEN | 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 21 July 1972, an Administrative Law Judge of
the United States coast guard at Portsmouth, Virginia, suspended
appellant's seaman's document for six months on 12 months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Tankerman on board the
Tank Barge ROBERT L. POLING under authority of the document above
described, on or about 23 September 1971, Appellant negligently
failed to insure that all cargo valves not connected with the
discharge of cargo were in a closed position, thereby contributing
to spillage of cargo into Baltimore Harbor on 24 September 1971.
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 several witnesses and transcripts from oral depositions. | Appeal No. 1982 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1983 - SESNY | 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 28 February 1973, 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 Appellant was convicted for violation of
a narcotic drug law of the United States by the U.S. District Court
for the Southern District of California.
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 the record of
conviction despite Appellant's plea of guilty.
In mitigation, Appellant offered a copy of a two-page Customs
Report and made an informal statement. | Appeal No. 1983 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1984 - RUIZ | 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 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for narcotic drug law violation." The
specification found proved alleges that Appellant was convicted on
17 April 1972 by District Court of Brazoria County, Texas, 23rd
Judicial District, a court of record, for violation of the narcotic
drug laws of the State of Texas.
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 certified
copy of the judgment of conviction and chemical analysis of the
substance found on Appellant's person.
In defense, Appellant offered in evidence a copy of the
offense report, Police Department, Freeport, Texas.
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 14 August 1972. Appeal was
timely filed on 12 September 1972. | Appeal No. 1984 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1985 - CHRISTEN | 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 14 December 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a messman on board SS AMERICAN CORSAIR under authority
of the document above captioned, on or about 14 January 1971,
Appellant:
(1) failed to perform duties because of intoxication;
(2) assaulted one Charles G. PACE, pantryman, by setting fire
to his mattress while PACE was sleeping on it;
(3) threatened on several occasions to blow up AMERICAN
CORSAIR, which carried military explosives as cargo; and (4) carelessly lighted matches about the deck of the
explosive - carrying vessel.
At the hearing, commencing at San Francisco, California,
Appellant was represented by professional counsel. Appellant
entered a plea of not guilty to the charge and each specification.
At Appellant's request the hearing was transferred to Portsmouth,
Va., where Appellant did not appear.
The Investigating Officer introduced in evidence the testimony
of witnesses and voyage records of AMERICAN CORSAIR. | Appeal No. 1985 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1986 - WATTS | 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 13 September 1972, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the SS
TEXACO MISSISSIPPI under authority of the license above described,
on or about 11 September 1969, Appellant did authorize the
discharge of an oily mixture from the vessel in violation of the
Oil Pollution Act of 1961 as amended.
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 the Chief Mate, three expert witnesses and the pilot of the
aircraft which detected the discharge, and ten exhibits.
In defense, Appellant offered in evidence the testimony of two
experts.
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 a period of three months outright.
The entire decision and order was served on 27 September 1972.
Appeal was timely filed on 4 October 1972. | Appeal No. 1986 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1987 - BROWN | 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 4 August 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 an Able Seaman on board United States SS HALCYON PANTHER
under authority of the document above captioned, on or about 10
September 1971, while the vessel was in the port of Subic Bay,
Republic of the Philippines, Appellant was wrongfully in possession
of marijuana.
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 several witnesses, shipping documents of the SS HALCYON PANTHER, a bag of marijuana, and a laboratory report.
In defense, Appellant offered in evidence the testimony of a
co-respondent and certain documents.
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 revoking all documents
issued to him.
The entire decision was served on 9 August 1972. Appeal was
timely filed on 8 September 1972. A brief in support of appeal was
received on 9 July 1973. | Appeal No. 1987 | Suspension and Revocation Appeals Authority | 8/22/1973 | 8/22/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1988 - STRULL | 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 16 November 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's license and seaman's documents for three months on nine
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Second
Assistant Engineer on board the SS AMERICAN LEADER under authority
of the license above captioned, on or about 14 September 1972,
Appellant did wrongfully assault and batter by gripping and shoving
with his hands a member of the crew, George C. Sawalich, First
Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Office introduced in evidence excerpts from
the shipping articles and official logbook and testimony of the First Assistant Engineer.
In defense, Appellant offered in evidence the testimony of A.
Hendy, a deck mechanic, and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then served a written order
on Appellant suspending all documents issued to him for a period of
three months on nine months' probation.
The entire decision was served on 24 November 1972. Appeal
was timely filed. | Appeal No. 1988 | Suspension and Revocation Appeals Authority | 8/29/1973 | 8/29/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1989 - BOEUF | 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 15 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a
TANKERMAN on board the United States Tank Barge LBT 20 under
authority of the document above captioned, on 14 January 1973,
Appellant wrongfully failed to properly supervise the loading of
BUNKER C to the said barge which resulted in No. 2 Port Tank
overflowing and thereby contributed to the pollution of the
navigable waters of the United States at mile 168 AHP, Lower
Mississippi River.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence the testimony
of an employee on the barge.
In defense, Appellant offered in evidence his own testimony
and that of a fellow employee.
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 served a written order on
Appellant suspending all documents issued to Appellant for a period
of three months on twelve months' probation.
The entire decision and order was served on 21 February 1973.
Appeal was timely filed. | Appeal No. 1989 | Suspension and Revocation Appeals Authority | 9/7/1973 | 9/7/1973 | | 12/21/2017 |
| 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 | 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 | 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 | 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 | 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 | 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 | 1908 - NEILSON | By order dated 15 September 1971, 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
misconduct. the specification found proved alleges that while
serving as a Second Steward on board the SS SANTA MERCEDES under
authority of the document above captioned, on or about 21 November
1970 while the vessel was at sea, Appellant did wrongfully molest
a minor male passenger, by applying an electric vibrator to his
person, while engaging him in conversation about sexual matters.
Appellant failed to appear at the first two sessions of the
hearing. At the third session, Appellant appeared and elected to
act as his own counsel. He entered a plea of not guilty to the
charge and specification. He also appeared at the fourth and fifth
sessions, but not the sixth and the final sessions.
The Investigating Officer introduced in evidence testimony of another passenger, and a certified extract from the shipping
articles of the vessel.
In defense, Appellant offered in evidence a letter from the
National Maritime Union. No formal defense was presented.
Appellant failed to appear at four of the seven sessions of the
hearing.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1908 | Suspension and Revocation Appeals Authority | 2/7/1973 | 2/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1909 - MINSTER | By order dated 21 March 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, 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 a wiper on board the
United States SS GREEN LAKE under authority of the document above
described, on or about 21 January 1971, appellant did wrongfully
embezzle certain stores of the said vessel while said vessel was in
the port of Kaohsiung, Taiwan.
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 certain
documents and the testimony of two witnesses. 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 suspending all documents, issued to
Appellant, for a period of six months on 12 months' probation. | Appeal No. 1909 | Suspension and Revocation Appeals Authority | 2/27/1973 | 2/27/1973 | | 12/27/2017 |