| Suspension and Revocation Appeals Authority | 1818 - BUHELT | By order dated 14 March 1969, an Examiner of the United States
Coast Guard at Boston, Massachusetts, suspended Appellant's
seaman's documents for six months plus three months on eighteen
months' probation upon finding him guilty of negligence and
violation of a statute. The specifications found proved allege
that while serving as master on board F/V CAMBRIDGE under authority
of the license above captioned on or about 25 September 1968,
Appellant:
(1) under the Charge of Violation of a Statute allowed the
vessel to be navigated without a licensed officer on
watch as required by 46 U.S.C. 224a (R.S. 4438A), and
(2) under the Charge of Negligence,
(i) failed to navigate with care, contributing to
a grounding in Salem, Mass., and (ii) negligently navigated while under tow,
contributing to a collision with CG-30430.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charges and
each specification.
The Investigating Officer introduced in evidence the testimony of
one witness who had served aboard CAMBRIDGE as a mate, two
witnesses who served aboard CG-30430, and the Public Works Officer
of the U.S.C.G. Salem Air Station.
In defense, Appellant offered in evidence the testimony of an
official of the company which owns CAMBRIDGE and that of three
persons who had to do with an overhaul of the vessel.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charges and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus three
months on eighteen months' probation. | Appeal No. 1818 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1820 - BAYLESS | By order dated 5 August 1969, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman's documents for five months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
able seaman on board SS TRANSGLOBE under authority of the document
above captioned, Appellant:
(1) on 24 February 1969 failed to join the vessel at Saigon,
RVN;
(2) on 5 and 7 March 1969 created a disturbance at the
American consulate and used foul and abusive language to
consular officials while at the consulate in connection
with repatriation proceedings; and
(3) on 6 and 8 March 1969 created disturbances at Tan Son
Nhut Airport, RVN. 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 voyage
records of TRANSGLOBE and a consular report.
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 specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant, for a period of five months from 24
April 1969, plus six months on twelve months' probation. | Appeal No. 1820 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1817 - PUCKETT | By order dated 28 October 1968, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for three months plus three months
on twelve months' probation upon finding him guilty of misconduct.
The specification found proved allege that while serving as a
fireman/watertender on board SS ST AUGUSTINE VICTORY under
authority of the document above captioned, Appellant:
(1) on 23 September 1968, failed to perform duties because of
intoxication at Sattahip;
(2) on 24 and 25 September 1968, failed to perform duties
because of intoxication while at sea;
(3) on October 1968, failed to perform duties because of
intoxication while at sea; and (4) on 4 October 1968, failed to perform duties because of
intoxication while at sea; and
(5) on 5 and 6 October 1968, failed to perform duties because
of intoxication at Da Nang.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of ST AUGUSTINE VICTORY and the testimony of the vessel's
chief engineer.
There was no defense. | Appeal No. 1817 | Suspension and Revocation Appeals Authority | 9/9/1970 | 9/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1819 - JOHNSON | By order dated 26 February 1969, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for two months plus four months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a an
AB seaman on boar SS ANDREW JACKSON under authority of the document
above captioned, Appellant:
(1) on 19 November 1968, failed to perform his assigned
duties at Cam Rahn Bay, RVN;
(2) on 4 December 1968, failed to perform duties, was absent
from the vessel without leave, and wrongfully had
intoxicating liquor in his possession at Cam Rahn Bay,
RVN;
(3) on 11 December 1968, was absent from the vessel without leave, failed to perform duties because of intoxication,
and used foul and abusive language to the chief mate,
Manila, R.P.;
(4) on 12 December 1968, failed to perform duties at Manila,
R.P.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of ANDREW JACKSON.
There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus four
months' probation. | Appeal No. 1819 | Suspension and Revocation Appeals Authority | 9/9/1970 | 9/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1815 - MCKAIL | By order dated 3 December 1969, an Examiner of the United
States Coast Guard at Portsmouth, Virginia, suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as third assistant engineer on board SS
PLYMOUTH VICTORY under authority of the document and license above
captioned, Appellant:
(1) on 26 October 1969, at Kawaihae, Hawaii, failed to stand
his 1600-2400 watch;
(2) on 10 November 1969, while the vessel was transiting the
Panama Canal, failed to obey a lawful command of the
Chief Engineer to assist in the fire room at a time of
engineering difficulties; and
(3) on 10 November 1969, while the vessel was transiting the Panama Canal, used profane language toward the Chief
Engineer.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of PLYMOUTH VICTORY and the testimony of three witnesses.
There was no defense.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months on twelve
months' probation. | Appeal No. 1815 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1816 - MONSEN | By order dated 6 September 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct and negligence. The
specifications found proved allege that while serving as master on
board MV MYSTIC SUN under authority of the document and license
above captioned, on or about 17 March 1967, Appellant
(I) was Negligent in that he:
(1) failed to keep out of the way of a privileged
vessel in a crossing situation;
(2) crossed ahead of a privileged vessel in a crossing
situation; and (3) failed to slacken speed, stop, or reverse to avoid
collision with a privileged vessel in a crossing
situation; and
(4) failed to maintain a proper lookout; and
(II) committed an act of Misconduct by sounding a
"cross-signal" in a crossing situation by answering
a one-blast signal by a privileged vessel with a
two-blast signal.
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 many
documents, and the testimony of the mate of SAMUEL H. HERRON and
the quartermaster of MYSTIC SUN.
In defense, Appellant offered in evidence many documents, his
own testimony and, on recall, the testimony of the quartermaster of
MYSTIC SUN and the mate of HERRON. | Appeal No. 1816 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1812 - VELAZQUEZ | By order dated 25 June 1969, an Examiner of the United States
Coast Guard at New York, New York revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a night
steward on board SS SANT NARIANA under authority of the document
above captioned, Appellant:
(1) on 30 August 1968, when the vessel was at Bonaventura,
Chile assaulted a member of the crew, one Jack Beilenson,
with a knife;
(2) on 12 September 1968, when the vessel was at Cartagena,
Columbia, assaulted by beating a member of the crew, one
Salvador Amador; and
(3) at the same time and place assaulted and battered Amador
with a dangerous weapon by cutting him with a knife. 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 four witnesses and certain voyage records of SANTA MARIANA.
In defense, Appellant offered in evidence his own testimony
and that of two other witnesses. | Appeal No. 1812 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1814 - CRUZ | By order dated 16 October 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months outright plus three months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
fireman/watertender on board SS SANTA MERCEDES under authority of
the document above describe, on or about 16 August 1967, Appellant,
at Guayaquil, Ecuador:
(1) assaulted and battered one Manuel Moreira, another
crewmember, and
(2) created a disturbance aboard the vessel by using loud
language to local police officers who had been called to
the vessel.
At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of SANTA MERCEDES.
There was no defense.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months outright plus three months on twelve months'
probation. | Appeal No. 1814 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1810 - HAUSER | By order dated 28 August 1969, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for six months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS DEL SUD under authority of the
document above captioned, Appellant:
1) was absent from the vessel and his duties without
authority at Abidhan, West [sic] Africa on 1 July 1969,
and
2) wrongfully left his station and his duties in the engine
room at sea on 16 August 1969.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification. At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1810 | Suspension and Revocation Appeals Authority | 8/20/1970 | 8/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1811 - TURNER | By order dated 25 August 1969, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for one month outright plus two months on eight
months' probation upon finding him guilty of misconduct. The
specifications found proved alleged that while serving as an
ordinary seaman on board SS MORMACBAY under authority of the
document above captioned, Appellant:
1) on or about 7 July 1969, at sea, wrongfully and without
permission had in his possession a dangerous weapon, a
410 gauge pistol-shotgun, manufacturer "Boito."
2) on or about 3 July 1969, at sea, used "wrongful" language
to the chief mate by saying to him, "If any accident,
such as a mashed hand or crushed finger, happens to me,
you better curl up and die. That will happen."
At the hearing, Appellant elected to act as his own counsel. specification.
The Investigating Officer introduced in evidence the testimony
of the chief mate and certain voyage records of MORMACBAY.
In defense, Appellant offered in evidence his own testimony
and a record he had made of an injury suffered aboard the vessel.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month outright
plus two months on eight months' probation. | Appeal No. 1811 | Suspension and Revocation Appeals Authority | 8/20/1970 | 8/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1813 - JEWELL | By order dated 22 November 1967, an Examiner of the United
States Coast Guard at Baltimore, Maryland, revoked Appellant's
license upon finding him guilty of misconduct. The specifications
found proved allege that while serving as chief mate on board SS
FAIRISLE under authority of the document and license above
described, on or about 16 October 1967, Appellant, while the vessel
was at Qui Nhon, R.V.N.:
(1) failed to perform duties in connection with preparing the
vessel for sea, by reason of intoxication;
(2) showed insubordination to the master by the use of
vulgar, abusive, and threatening language; and
(3) refused to obey an order of the master to stay off the
deck and remain in his quarters.Appellant did not appear for the hearing. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of FAIRISLE and the testimony of the master.
There was no evidence for Appellant
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order revoking
Appellant's license. | Appeal No. 1813 | Suspension and Revocation Appeals Authority | 8/19/1970 | 8/19/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1809 - YOUNG | By order dated 17 April 1969, an Examiner of the United States
Coast Guard at Jacksonville, Florida, after a hearing held at
Miami, Florida, suspended Appellant's seaman's documents for one
month plus two months on eighteen months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while that while serving as a saloon messman on board SS P. C.
SPENCER under authority of the document above captioned, on or
about 10 April 1969, Appellant disobeyed a lawful order of the
master to call the vessel's steward.
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 voyage
records of SS P. C. SPENCER and stipulated recorded testimony of
certain witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a 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 one month plus two months on eighteen
months' probation. | Appeal No. 1809 | Suspension and Revocation Appeals Authority | 8/6/1970 | 8/6/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1804 - SOUZA | This appeal is taken in accordance with 46 CFR 137.25-15 from
an order of an Examiner at Long Beach, California, dated 1 October
1969, denying Appellant's petition to reopen a hearing terminated
by the Examiner's decision dated 25 September 1969, served on 26
September 1969. The petition to reopen the hearing tolled the
running of the 30 day period for filing appeal. 46 CFR
137.25-10(i). The petition was correctly addressed to the Examiner
who heard the case because no notice of appeal from his decision
had been filed. 46 CFR 137.25-1(b).
In considering this appeal from the Examiner's denial of the
petition to reopen, I will consider only the issue raised by the
petition. 46 CFR 137.25-15(a).
The hearing in this case was held with Appellant appearing
without counsel, after proper advice as to his right to counsel.
Two persons testified at the hearing, one a witness for the
Investigating Officer, the other Appellant himself in his own
behalf.
The petition to reopen submitted to the Examiner provided two
affidavits, one from the Investigating Officer's witness, and one from Appellant himself. There is an appearance that the affidavit
from the Investigating Officer's witness is in some respects
different from the testimony given before the Examiner.
It is obvious that Appellant's affidavit cannot contain newly
discovered evidence. What Appellant knows and can testify to now
he knew and could have testified to at the time of hearing. The
proferred testimony, by way of affidavit, of the witness who
appeared at the hearing, is said to be "newly discovered evidence"
because it was elicited only after "proper interrogation by an
attorney," while Appellant was unable to elect the answers at
hearing before the Examiner because he was not an attorney. | Appeal No. 1804 | Suspension and Revocation Appeals Authority | 7/24/1970 | 7/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1803 - PABON | By order dated 17 October 1969, an Examiner of the United
States Coast Guard at Mobile, Alabama, suspended Appellant's
seaman's documents for three months on twelve months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a fireman/watertender on board
SS GULF MERCHANT under authority of the document above captioned,
on or about 4 October 1969, Appellant wrongfully engaged in a fight
with another crew member, Julius Martinez, while the vessel was at
sea.
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 the testimony
of Martinez and voyage records of GULF MERCHANT.
In defense, Appellant testified in his own behalf.
After 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 suspending all
documents issued to Appellant for a period of three months on
twelve months' probation. | Appeal No. 1803 | Suspension and Revocation Appeals Authority | 7/21/1970 | 7/21/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1800 - PABLO | By order dated 24 October 1969, and Examiner of the United
States Coast Guard at Mobile, Alabama, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an
ordinary seaman on board SS NORTHERN STAR under authority of the
document above captioned, Appellant:
(1) on 11 September 1969, refused to obey an order of the
second mate of the vessel to participate in a fire and
boat drill;
(2) on 28 September 1969, refused to obey an order of the
second mate to take the gangway watch;
(3) on 28 September 1969, assaulted and battered the master
of the vessel by striking with his hands;
(4) on 28 September 1969, used profane and threatening
language to the master; and
(5) on 28 September 1969, created a disturbance on the vessel
by brandishing a fire axe in a dangerous manner.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of NORTHERN STAR and the testimony of the master of the
vessel.
Since Appellant did not appear there was no evidence entered
on his behalf. | Appeal No. 1800 | Suspension and Revocation Appeals Authority | 7/16/1970 | 7/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1807 - ZEMIS | By order dated 22 November 1968, an Examiner of the United
States Coast Guard at New York, New York suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as boatswain
on board SS AFRICAN STAR under authority of the document above
captioned, Appellant:
(1) on 17 July 1968, failed to perform duties at
Papeete and on departure therefrom;
(2) on 16 August 1968, failed to perform duties at
Freemantle, Australia; and
(3) on 4 September 1968, failed to perform duties at
Sydney, Australia. At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of AFRICAN STAR.
There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months plus
three months on twelve months' probation. | Appeal No. 1807 | Suspension and Revocation Appeals Authority | 7/10/1970 | 7/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1805 - MEYER | By order dated 27 January 1969, an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seamen's
documents for three months on twelve months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as master of SS TAMARA GUILDEN under authority
of the document and license above captioned, on or about 9 July
1967, Appellant, at Freeport, Grand Bahamas Island, wrongfully
entered in the log book false draft and load line readings.
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 voyage
records of TAMARA GUILDEN and computations based thereon, and the
load line certificate. In defense, Appellant offered no evidence, but submitted to
the Examiner, after the hearing had closed, certain letters which
had no relevance to the charge found proved.
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 suspending all
documents issued to Appellant for a period of three months on
twelve months' probation. | Appeal No. 1805 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1792 - PHILLIPS | By order dated 21 August 1969, an Examiner of the United
States Coast Guard at Providence, Rhode Island suspended
Appellant's seaman's documents for fifteen days upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as operator of the motorboat SURFMASTER III under
authority of the license above captioned, on or about 21 June 1969,
Appellant:
(1) while the vessel was underway off Block
Island, R.I., wrongfully carried for hire more
than six passengers; and
(2) wrongfully failed to provide sufficient life-saving
devices in serviceable condition while the vessel was
underway. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each of three specifications.
The Investigating Officer introduce in evidence the testimony
of two witnesses and certain documents.
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 two
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of
fifteen days (A condition of the order will be discussed in the
Opinion below). | Appeal No. 1792 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1793 - FARIA | By order dated 14 August 1969, an Examiner of the United
States Coast Guard at Providence, R. I., suspended Appellant's
seaman's documents for fifteen days upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as operator of motorboat DOLLY B under authority of the
license above captioned, on or about 21 June 1969, Appellant:
(1) while operating on the waters off Block Island, Rhode
Island, wrongfully carried more than six passengers for
hire, and
(2) wrongfully failed to provide sufficient and serviceable
approved lifesaving devices.
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 two witnesses and certain documentary evidence.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of fifteen days, subject to
certain conditions. | Appeal No. 1793 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1795 - COATES | By order dated 2 December 1969, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, suspended
Appellant's seaman's documents for one year upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as a wiper on board SS HOPE, at Colombo, Ceylon, under
authority of the document above captioned, Appellant:
1) on 4 August 1968, failed to stand a 1600-2000 watch;
2) on 9 October 1968, was absent from duties from 1600-2400;
3) on 10 October 1968, wrongfully left his duty station
during the 1600-2400 watch and was "found lying in [his]
bunk at approximately 1815 hours, this being the second
offense of this nature";
4) on 27 November 1968, wrongfully left his duty station at
1030 and remained absent for the rest of the day; and
5) on 2 January 1969 failed to report for duty on time and,
after being admonished for tardiness, left the duty
station and failed to turn to;
and, while so serving when the vessel was at sea:
6) on 17 March 1969, failed to perform his assigned duties;
7) on 19 March 1969, failed to perform duties because of
intoxication; and
8) on 20 March 1969, failed to perform duties because of
intoxication.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1795 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1798 - MACK | By order dated 22 August 1969, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Able seaman on board SS WHITTIER VICTORY under
authority of the document above captioned Appellant:
(1 on 25, 26, and 27 June 1969, at a foreign port, was
absent form the vessel without authority;
(2) on 14 July 1969, at Naha, Okinawa, was absent from
the vessel without authority; and
(3) failed to join the vessel on 15 July 1969 at Naha.
At the hearing, Appellant elected to act as his own
counsel. Appellant entered a plea of guilty to the
charge and each specification.
The Investigating Officer introduced no evidence but added a
statement that Appellant had rejoined the vessel at another port
after the failure of 15 July 1969.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of twelve months. | Appeal No. 1798 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1799 - POWE | By order dated 28 August 1969, an Examiner 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
cook/baker on board SS AUSTRALIAN GULF under authority of the
document above captioned, on or about 24 November 1968, Appellant
wrongfully had in his possession 66 Grams of marijuana while the
vessel was at Brooklyn, 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 two witnesses and a Customs laboratory report of analysis.
In defense, Appellant offered no evidence. | Appeal No. 1799 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1806 - FAULK | By order dated 12 March 1969, an Examiner 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 twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Third
Assistant Engineer on board SS SAN MATEO VICTORY under authority of
the document and license above captioned, on or about 21 February
1966, Appellant, while the vessel was at Nha Be, RVN:
1) assaulted and battered the master of the vessel with his
fists;
2) used foul and abusive language to the master;
3) assaulted and battered the second mate with his fist;
4) threaten the chief engineer with bodily harm;
5) created a disturbance aboard the vessel while in an
intoxicated condition; and
6) absented himself from the vessel without leave.
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 voyage
records of SAN MATEO VICTORY and the testimony of two witnesses
taken by deposition on written interrogatories.
In defense, Appellant offered in evidence the testimony of one
witness taken by deposition on written interrogatories and his own
testimony. | Appeal No. 1806 | Suspension and Revocation Appeals Authority | 6/29/1970 | 6/29/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1801 - HUNTER | By order dated 24 June 1969, and Examiner of the United States
Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's document of four months upon finding him guilty of
misconduct. The specification found proved allege that while
serving as a Wiper on board SS SUE LYKES under authority of the
document above captioned, Appellant:
(1) On 14 April 1969, at a foreign port, wrongfully had
intoxicating liquor in his possession;
(2) on 24 April 1969, at a foreign port, wrongfully had
intoxicating liquor in his possession; and
(3) on 24 April 1969, at a foreign port, failed to perform
duties because of intoxication.
Appellant did not appear at the hearing. The Examiner entered
a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage
records of SUE LYKES.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all document
issued to Appellant for a period of four months. | Appeal No. 1801 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1802 - PEREZ-MARTINEZ | By order dated 22 May 1969, an Examiner of the United States
Coast Guard at Portsmouth, Virginia, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
fireman/watertender on board SS OVERSEAR ANNA under authority of
the document above captioned, on or about 4 April 1969, at sea,
Appellant:
(1) assaulted the master of the vessel by pushing him
with his hands, and
(2) assaulted the chief mate of the vessel by grabbing
him around the neck.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage records of OVERSEAS ANNA, and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony
and that of an eyewitness, his roommate.
At the end of the hearing,, the Examiner rendered a decision
in which he concluded that the charge and specifications had been
proved. The Examiner then entered an order revoking all documents
issued to Appellant. | Appeal No. 1802 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1790 - WEBER | By order dated 22 January 1969, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an
ordinary seaman on board SS COUNCIL BLUFFS VICTORY under authority
of the document above captioned, on or about 4 January 1969,
Appellant wrongfully had marijuana in his possession on board the
vessel at Seattle, Washington.
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 two officials of the Bureau of Customs and that of one of
Appellant's roommates. He also introduced certain real evidence,
objects of a seizure made by a Customs agent and documentary records. An itemized documentary record of the seizure was later
substituted for the real evidence.
In defense, Appellant offered in evidence the testimony of his
other roommate and his own testimony.
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 revoking all
documents issued to Appellant. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1796 - GARCIA | By order dated 20 January 1969, an Examiner of the United
States Coast Guard at New York, N.Y., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bedroom
steward on board SS ARGENTINA under authority of the document above
captioned, on or about 13 January 1968, Appellant, at Port
Everglades, Florida:
(1) assaulted and battered a fellow crewmember, one Samuel
Alston,, by slapping him with his hand;
(2) created a disturbance in the passageway leading from the
crew messroom; and
(3) assaulted and battered Alston by stabbing him with a
deadly weapon a knife.
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 certain witnesses, records of the Broward General Hospital
(Fla.), and voyage records of ARGENTINA.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order revoking all documents
issued to Appellant. | Appeal No. 1796 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1791 - LEE | By order dated 5 November 1968, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Chief
Engineer on board SS OVERSEAS PROGRESS under authority of the
document and license above captioned, on or about 29 October 1968,
Appellant assaulted and battered with his hand one Ralph Wilcox, a
member of the crew.
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 the testimony
of several witnesses. In defense, Appellant offered in evidence his own testimony
and that of his local union representative in Houston.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The examiner then entered an order suspending all documents
issued to Appellant for a period of six months outright plus six
months on twelve months' probation. | Appeal No. 1791 | Suspension and Revocation Appeals Authority | 6/22/1970 | 6/22/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1794 - KELLY | By order dated 23 April 1968, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for six months upon finding him guilty of negligence.
The specifications found proved allege that while serving as pilot
on board SS TEXACO MASSACHUSETTS under authority of the license
above captioned, on or about 16 June 1966, Appellant:
1) while pilot of a privileged vessel in a crossing
situation failed to maintain course and speed as required
by 33 U.S.C. 206 in meeting SS ALVA CAPE;
2) also failed to sound a danger signal; and
3) failed to sound a three blast signal when backing in view
of ALVA CAPE. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
Both sides had ample time to introduce evidence. The hearing
lasted from 5 August 1966 to sometime in 1968. Much evidence
including testimony of witnesses and about one hundred exhibits was
introduced by both sides.
On 23 April 1968 the Examiner rendered a written decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1794 | Suspension and Revocation Appeals Authority | 6/18/1970 | 6/18/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1797 - TODD | By order dated 15 July 1969, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for three months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a chief steward on board SS AZALEA CITY under authority
of the document above captioned, on or about 21 June 1968,
Appellant failed to obey an order of the master not to permit the
keys to the ship's storeroom to come into the possession of other
crew
members,and that, while so serving aboard SS ACHILLES Appellant on
14 February 1968 failed to obey an order of the master to place all
ship's stores in proper storage spaces.
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 voyage
records of AZALEA CITY and ACHILLES, and the testimony of two
witnesses.
Appellant offered no defense except for a letter which he
addressed to the Examiner at the Examiner's suggestion. The letter denies that the alleged offenses occurred. | Appeal No. 1797 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1789 - DAVIS | By order dated 12 March 1969, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a fireman/watertender on
board SSPIONEER GLEN under authority of the document above
captioned, on or about 5 March 1965, Appellant wrongfully had
marijuana in his possession.
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 voyage
records of PIONEER GLEN, the testimony of four officials of the
Bureau of Customs, and certain records of the Bureau.
In defense, Appellant offered in evidence his own testimony and that of the former master of PIONEER GLEN.
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 revoking all
documents issued to Appellant. | Appeal No. 1789 | Suspension and Revocation Appeals Authority | 6/8/1970 | 6/8/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1788 - GUERR | By order dated 12 January 1970, an Examiner of the United
States Coast Guard at New York, New York, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bedroom
steward on board SS SANTA MAGDALENA under authority of the document
above captioned, on or about 12 April 1969, Appellant:
1) wrongfully molested a minor female passenger, D. L. J.,
by caressing her body in a passenger stateroom while at
sea;
2) wrongfully invited the same minor female into an
otherwise unoccupied passenger stateroom while at sea;
and
3) wrongfully requested the same minor female to kiss him,
in a passenger stateroom while at sea.
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses taken in direct examination by oral deposition,
and voyage records of SANTA MAGDALENA.
In defense, Appellant offered in evidence the testimony
elicited by him on cross-examination of the three witnesses whom
the Investigating Officer had deposed. | Appeal No. 1788 | Suspension and Revocation Appeals Authority | 5/1/1970 | 5/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1808 - DAVIS | By order dated 30 September 1964, an Examiner 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 a plumber/machinist on board SS FLYING CLOUD under
authority of the document above captioned, on or about 11 September
1964, Appellant had marijuana in his possession, at San Francisco,
California.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
Because of the disposition to be made of this case, no
discussion of evidentiary matters is needed.
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 revoking all
documents issued to Appellant.
The entire decision was served on counsel on 5 October 1964.
Appeal was timely filed on 27 October 1964 and perfected on 9 March
1965. Because of administrative error, Appellant's Merchant Marine
Document was not picked up, and hence his appeal was not
"processed" until 18 April 1969. | Appeal No. 1808 | Suspension and Revocation Appeals Authority | 4/20/1970 | 4/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1786 - NICKELS | By order dated 25 April 1969, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellants
seaman's documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
as found proved alleges that Appellant was on 8 September 1967
convicted of a violation of Section 11556 of the Health and Safety
Code, a narcotic drug law of the State of California, in the
Superior Court in and for the City and County of San Francisco.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge
specification.
The Investigating Officer introduced evidence of Appellant's
conviction on a plea of guilty
In defense, Appellant offered evidence of later action by the
Court. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification as
amended had been proved. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1786 | Suspension and Revocation Appeals Authority | 4/9/1970 | 4/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1785 - ADDISON | By order dated 29 August 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended appellant's
seaman's documents for six months outright plus four months on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS LIMON under authority of the document above
captioned, Appellant on 23, 24, and 25 July 1969, at Bangkok,
Thailand, failed to perform his assigned duties.
At the hearing, Appellant elected to act as his own counsel.
A plea of not guilty was entered to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of LIMON. | Appeal No. 1785 | Suspension and Revocation Appeals Authority | 4/8/1970 | 4/8/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1787 - BEARD | By order dated 19 August 1968, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS HARVARD VICTORY under authority of the document
above described, on or about 10 October 1966, Appellant, while the
vessel was at Saigon, Viet Nam, assaulted and battered by beating
with his fists and kicking with his feet a fellow crewmember, one
Alfred A. Bruce.
At the hearing, Appellant entered a plea of not guilty to the
charge and specification.
The Investigating Officer introduced in evidence a voyage
record of HARVARD VICTORY and the testimony of two witnesses
obtained by deposition on written interrogatories. In defense, Appellant offered in evidence the testimony of two
witnesses obtained by deposition on written interrogatories.
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 revoking all
documents issued to Appellant. | Appeal No. 1787 | Suspension and Revocation Appeals Authority | 4/1/1970 | 4/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1784 - KARLSSON | By order dated 23 December 1968, an Examiner of the United
States Coast Guard at New York, N. Y., revoked Appellant's seaman's
document upon finding him guilty of misconduct. The specifications
found proved allege that while serving as an engineer-crane
maintenance on board SS SEATRAIN FLORIDA under authority of the
document above captioned, Appellant:
(1) on 28 September 1967, at sea, disobeyed a lawful
order of the first assistant engineer not to enter
the the engine room of the vessel without first
advising the Chief or first assistant engineer and
to perform no functions in the engine room except
under proper supervision;
(2) on 5 October 1967, at Naha, Okinawa, attempted to
provoke the second assistant engineer into striking
him, and profanely defied that officer;
(3) on 5 October 1967, at Naha, Okinawa, threatened the
first assistant engineer with bodily harm; and
(4) on 5 October 1967, at Naha, Okinawa, failed to obey
a lawful order of the master to remain aboard the
vessel.
Appellant did not appear at the hearing after the first
session, at which he was not represented by counsel. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of SEATRAIN FLORIDA.
There was no defense offered. | Appeal No. 1784 | Suspension and Revocation Appeals Authority | 3/24/1970 | 3/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1783 - LEE | By order dated 9 October 1968, an Examiner of the United
States Coast Guard at Jacksonville, Florida revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance AB on board USNS MISSION SANTA CRUZ under authority of
the document above captioned, Appellant on or about 5 February and
16 March 1962, failed to perform duties because of intoxication;
and, while serving as AB seaman on board SS WABASH under authority
of the document, on 9 January 1963, wrongfully had marijuana in his
possession.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The entire decision was served on 10 October 1968. Appeal was
timely filed on 22 October 1968 and perfected on 18 August 1969. | Appeal No. 1783 | Suspension and Revocation Appeals Authority | 2/12/1970 | 2/12/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1782 - LEWIS | By order dated 18 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington admonished Appellant upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as chief cook on board SS METAPAN under
authority of the document above captioned, on or about 26 December
1968, Appellant assaulted another member of the crew, one Delbert
E. Kemmerer.
A second specification, alleging that Appellant created a
disturbance aboard the vessel on the same occasion, was found not
proved.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence the testimony
of two witnesses, the testimony of Kemmerer (whose hearing was held
in joinder with that of Appellant), and certain voyage records of
METAPAN.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and first
specification had been proved by plea, with the second
specification not proved. The Examiner then entered an order
admonishing Appellant. | Appeal No. 1782 | Suspension and Revocation Appeals Authority | 12/17/1969 | 12/17/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1781 - SELENIUS | By order dated 8 May 1967, an Examiner or the United States
Coast Guard at Seattle, Washington, suspended Appellant's seaman's
documents for two months plus six months on ten months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as second electrician on board SS
NORTHWESTERN VICTORY under authority of the document above
captioned, Appellant:
1) on or about 13, 14, and 31 March 1967, and 1, 10, 11, and
12 April 1967, wrongfully failed to perform duties;
2) on 11 April 1967, wrongfully damaged ship's property, a
mattress in the ship's hospital; and
3) on 26 March 1967, created a disturbance aboard the
vessel. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of nolo contendere to the charge and not
guilty to each specification.
The Investigating Officer introduced in evidence voyage
records of NORTHWESTERN VICTORY and the testimony of two witnesses.
In defense, Appellant made an unsworn statement.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus six
months on ten months' probation. | Appeal No. 1781 | Suspension and Revocation Appeals Authority | 11/7/1969 | 11/7/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1780 - MURRAINE | By order dated 23 July 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for six months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as AB
seaman on board SS AFRICAN LIGHTNING under authority of the
document above captioned, Appellant:
(1) on 19 January 1968, failed to perform duties because of
intoxication, at Freemantle, Australia;
(2) on 29 January 1968, failed to perform duties at
Melbourne, Australia;
(3) on 31 January 1968, absented himself from the vessel, and
his duty, without authority, at Melbourne; (4) on 31 January 1968, failed to join the vessel at
Melbourne;
(5) on 12 March 1968, at Boston, Mass., assaulted a
crewmember, one Emery Hoskey, with a knife;
(6) on 12 March 1968, at Boston, assaulted Emery Hoskey with
a fire axe; and
(7) on 12 March 1968, at Boston, wrongfully had in his
possession a switchblade knife.
In addition, a specification found proved alleged that
Appellant, serving as Ab seaman aboard SS FAIRISLE, failed to join
the vessel at Saigon, RVN, on 24 December 1966. | Appeal No. 1780 | Suspension and Revocation Appeals Authority | 7/18/1969 | 7/18/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1778 - DEVEAUX | By order dated 30 September 1968, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for five months outright plus three
months on twelve months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as chief cook on board SS ALOHA STATE under authority of
the document above captioned, Appellant:
(1) on 18 July 1968, at Seattle, Wash., failed to perform
duties because of intoxication;
(2) on 19 July 1968, at sea, failed to perform duties because
of intoxication;
(3) on 9 August 1968, at Siagon, RVN, failed to perform duties because of intoxication;
(4) on 10 August 1968, at Saigon, RVN, wrongfully failed to
perform duties because of intoxication;
(5) on 12 August 1968, at Saigon, RVN, wrongfully failed to
perform duties; and
(6) on 12 August 1968, at Saigon, RVN, wrongfully destroyed
various items of ship's property by burning.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification. | Appeal No. 1778 | Suspension and Revocation Appeals Authority | 7/15/1969 | 7/15/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1779 - TORRES | By order dated 20 December 1968, an Examiner of the United
States Coast Guard at New York, New York, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
steward/yeoman on board SS UNITED STATES under authority of the
document above captioned, on or about 17 October 1968, Appellant:
(1) wrongfully had in his possession aboard the vessel at New
York, New York, 26.5 grams of marijuana and
(2) wrongfully had in his possession aboard the vessel at New
York, New York, 14 reels of obscene and pornographic
film.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
second specification, and pleaded not guilty to the first specification.
The Investigating Officer introduced in evidence the testimony
of a Customs inspector, a voyage record of UNITED STATES, and a
Customs laboratory analysis report.
In defense, Appellant offered in evidence his own testimony
and three photographs of his room aboard UNITED STATES.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1779 | Suspension and Revocation Appeals Authority | 7/15/1969 | 7/15/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1777 - CESSFORD | By order dated 2 November 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for nine months plus six months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance/AB on board SS TRANSORLEANS under authority of the
document above captioned, Appellant:
1 on 20 July 1966 was absent from the vessel and
his duties without authority at Bombay, India;
2 and (3) on 21 and 22 July 1966, failed to
perform duties at Bombay, India;
4 on 4 August 1966 failed to perform duties at sea because
of intoxication;
5 on 5 August 1966, failed to perform duties at sea;
6 on 3 September 1966 at Kawjalein, M.I., failed to perform
duties because of intoxication;
7 on the same date and at the same place failed to obey an
order of the mate on watch;
8 on the same date and at the same place, addressed abusive
language to ship's officers;
9 on the same date and at the same place threatened to set
fire to the vessel which was then discharging oil cargo;
10 on the same date and at the same place, assaulted the
chief mate, with a threat to life, and directed abusive
language toward him; | Appeal No. 1777 | Suspension and Revocation Appeals Authority | 7/3/1969 | 7/3/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1776 - REAGAN | By order dated 24 October 1968, an Examiner of the United
States Coast Guard at Cleveland, Ohio, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a watchman
on board the SS COL. JAMES M. SCHOONMAKER under authority of the
document above captioned, on or about 23 June 1968, while the
vessel was underway on Lake Superior, Appellant:
(1) assaulted the master of the vessel;
(2) assaulted the Third Mate;
(3) maliciously destroyed ship's property; and
(4) disobeyed an order of the master by not going to his
room.
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 six witnesses and voyage records of COL. JAMES M. SCHOONMAKER.
In defense, Appellant offered in evidence his own testimony,
and the statements of three other witnesses made before the hearing
began.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order revoking all documents
issued to Appellant. | Appeal No. 1776 | Suspension and Revocation Appeals Authority | 7/2/1969 | 7/2/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1771 - FERNANDES | By order dated 11 March 1968, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's documents for
two months plus four months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as an officers' bedroom steward on board
SS BRASIL under authority of the document above captioned, on or
about 28 November 1967, Appellant wrongfully took six new shane
waitress uniforms, property of the vessel.
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 voyage
records of BRASIL and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony and that of another crewmembers of the vessel.
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 suspending all
documents issued to Appellant for a period of two months plus four
months on twelve months' probation. | Appeal No. 1771 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/29/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1770 - CAREY | By order dated 31 January 1968 at Seattle, Washington, an
Examiner of the United States Coast Guard after a hearing at
Honolulu, Hawaii revoked Appellant's seaman's documents upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintentance/AB on board SS
MANHATTAN under authority of the document above captioned, on or
about 24 June 1967, Appellant wrongfully had in his quarters
narcotics, "thereby violating 46 U.S.C. 239b."
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of MANHATTAN and a Japanese court record.
There was no defense. 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 rendered a written decision in which
he concluded that the charge and specification had been proved.
The Examiner then entered an order revoking all documents issued to
Appellant. | Appeal No. 1770 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1772 - MCDERMOTT | By order dated 4 December 1968, at Long Beach, Cal., an
Examiner of the United States Coast after a hearing held at
Portland, Oregon, suspended Appellant's documents for one month
plus three months on twelve months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a fireman/watertender on board SS W. H. PEABODY
under authority of the document above captioned, Appellant:
(1) on or about 7 September 1968, at Cam Ranh Bay, RVN,
wrongfully failed to perform duties, and
(2) on or about 17 September 1968, at Da Nang, RVN, wrongfully
failed to perform duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and first
specification, but not guilty to the second. The Investigating Officer introduced in evidence voyage
records of W. H. PEABODY.
In defense, Appellant offered in evidence the testimony of the
vessel's deck engineer.
The Examiner called as witness the vessel's third assistant
engineer, Mr. Milton.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month plus three
months on twelve months' probation. | Appeal No. 1772 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1773 - LEAVY | By order dated 5 February 1969, an Examiner of the United States
Coast Guard at Philadelphia, Pa., suspended Appellant's seaman's
documents for six months plus three months on six months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an AB seaman on board SS
AMERICAN SCIENTIST under authority of the document above captioned,
Appellant:
1) on or about 23 and 24 September 1968, failed
to perform duties while the vessel was in a
domestic port;
2) on or about 8 November 1968, failed to perform
duties while the vessel was in a foreign port;
and
3) on or about 12 November 1968, failed to
perform duties while the vessel was in a
foreign port. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence.
Appellant made unsworn statements explaining how his offenses
took place.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus three
months on six months' probation. | Appeal No. 1773 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1774 - GLOVER | By order dated 31 October 1968, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for three months outright plus three months on
twelve months' probation upoon finding him guilty of misconduct.
The two specifications found proved allege that while serving as an
ordinary seaman on board SS THOMPSON LYKES under authority of the
document above described, on or about 1 October 1968 while the
vessel was in a foreign port, Appellant did wrongfully engage in a
fist fight with a fellow crewmember, William Orville Thomas; and
that on or about 1 October 1968, while the vessel was in a foreign
port did fail to perform his duties from 0400 to 0800 and from 1600
to 2000, due to being under the influence of alcohol.
At the hearing Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the first specification
and plea of guilty to the second specification. The Investigating Officer introduced into evidence the
shipping articles for voyage 41 of THOMPSON LYKES the testimony of
the chief mate of the vessel; the testimony of William Orville
Thomas, an ordinary seaman; and the testimony of W. A. Mitchell
described variously as a seaman and a messman.
In defense, Appellant offered in evidence his own testimony.
Subsequent to the end of the hearing, the Examiner rendered a
written decision in which he concluded that specification one was
proved, specification two was proved by plea, and the charge was
proved. | Appeal No. 1774 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |