| 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 | 1606 - RICHARDSON | By order dated 28 July 1966, an Examiner of the United States
Coast Guard at New Orleans, Louisiana suspended Appellant's seaman
documents for two months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an able Seaman on board the United States SS DOUGLASS
VICTORY under authority of the document above described, Appellant
was absent without leave on two dates, on or about 3 June 1966 and
20 June 1966, and failed to perform his duties on three dates, on
or about 11 July 1966, 12 July 1966 and 13 July 1966, the last two
of which were due to intoxication.
Since Appellant was not present or represented at the hearing,
the Examiner entered pleas of not guilty on behalf of Appellant and
conducted the hearing in absentia.
The Investigating Officer introduced in evidence certified
extracts from the Shipping Articles showing Appellant to be a member of the crew at the times alleged in the specifications, and
the Official Log of the vessel containing entries concerning the
allegations of the five specifications.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and five
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright. | Appeal No. 1606 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1916 - MCGOWAN | By order dated 28 January 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
plus three months on six months' probation upon finding him guilty
of misconduct. The specifications found proved alleges that while
serving as able seaman on board the United States SS GREEN LAKE
under authority of the document above captioned, on or about 17
October 1969, Appellant was wrongfully absent without leave on
numerous occasions, failed to perform on one occasion, and failed
to join vessel; all while in Okinawa.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of the SS GREEN LAKE. There was no defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
fourteen specifications had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of three months outright plus three months on six months'
probation. | Appeal No. 1916 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1861 - WASKASKI | By order dated 28 January 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 four 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 RUTGERS VICTORY under authority of
the document above captioned, Appellant:
(1) on 13 July 1968, at Subic Bay, P.R., failed to obey an
order of the chief engineer to go below and stand his
watch;
(2) on 19 July 1968, at "Jung Taw, R.V.N." [sic] failed to
stand his assigned watch from 1600 to 2400; and
(3) on 15 July 1968, at sea, failed to stand his assigned
watch from 0400 to 0800. 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 introduced in evidence voyage
records of RUTGERS VICTORY and the deposition of a witness.
Appellant offered no evidence in defense since he did not appear
after the first session of the hearing although given adequate
notice.
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 four months outright
plus four months on twelve months' probation. | Appeal No. 1861 | Suspension and Revocation Appeals Authority | 10/12/1971 | 10/12/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1592 - BUFFINGTON | By order dated 28 January 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a deck utility on board the United States SS SAN
JOSE under authority of the document above described, on or about
15 December 1965, Appellant wrongfully refused to obey a lawful
order of the master to go aloft to assist in painting the foremast
of the vessel when the ship was at anchor in the mouth of the
Saigon Rive, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification, but readily admitted that he refused to obey the
order. He contested only the wrongfulness of the refusal.
The Investigating Officer was precluded from entering any evidence because Appellant had immediately assumed the burden of
proceeding by his admission.
In defense, Appellant offered in evidence his explanation of
why he had refused to obey the order. When the Investigating
Officer offered evidence in rebuttal, the Examiner declared that it
was not necessary in view of the testimony of Appellant.
At the end of the hearing, held on 18 January 1966, the
Examiner reserved decision. On 28 January 1966, the Examiner
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
suspending all documents issued to Appellant for a period of three
months. Service of decision was accomplished on 4 February 1966.
Appellant filed notice of appeal on 8 February 1966 and asked for
a transcript of proceedings. This was furnished to him on 16 March
1966. Subsequent correspondence has added nothing to the grounds
for appeal originally urged. | Appeal No. 1592 | Suspension and Revocation Appeals Authority | 12/8/1966 | 12/8/1966 | | 12/28/2017 |
| 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 | 1860 - MCGARRY | By order dated 28 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for eight months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS METAPAN under authority of the
document above captioned, Appellant:
(1) on 13 and 14 December 1968, failed to perform duties at
Yokohoma, Japan, and at sea;
(2) on 14 December 1968, at sea, did "wrongfully turn in
approximately 30 mins. past midnight on your 12-4 A.M.
watch at sea"; and
(3) on 14 December 1968, at sea, wrongfully had in his
possession a 40 oz. bottle containing 8 oz. of whiskey.
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 METAPAN and the testimony of one witness.
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 eight months. | Appeal No. 1860 | Suspension and Revocation Appeals Authority | 10/8/1971 | 10/8/1971 | | 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 | 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 | 1679 - RODRIGUEZ | By order dated 28 April 1967, 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 the United States SS UNITED STATES under authority
of the document above described, on or about 27 August 1966,
Appellant
(1) wrongfully molested an eleven year old female
passenger;
(2) wrongfully had in his possession a master key; and
(3) wrongfully, while off duty, entered a passenger area
without permission.
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 and voyage records of SS UNITED STATES.
In defense, Appellant placed in evidence the testimony of five
witnesses, and testified in his own behalf.
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. 1679 | Suspension and Revocation Appeals Authority | 2/29/1968 | 2/29/1968 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1648 - GRACE | By order dated 28 April 1966, an Examiner of the United States
Coast Guard at New York suspended Appellant's seaman's documents
for 2 months outright plus 4 months on 8 months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a second electrician on board the
United States SS SANTA MARIANA under authority of the document
above described, on or about 29 January 1966, Appellant wrongfully
destroyed a dinner plate; used foul language to two stewards; and
created a disturbance in the messroom.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the specification alleging
use of foul and abusive language, and not guilty to the remaining
two charges. The Examiner later changed Appellant's plea of guilty
to not guilty.
The Investigating Officer introduced in evidence entries from the shipping articles and official logbook of the vessel, and
testimony of the two stewards involved.
Appellant offered no evidence on his behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then served a written
order on Appellant suspending all documents issued to him for a
period of 2 months outright plus 4 months on 8 months' probation. | Appeal No. 1648 | Suspension and Revocation Appeals Authority | 7/27/1967 | 7/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 2351 - EINSMANN | By order dated 27 June 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida dismissed
without prejudice a charge of negligence supported by two
specifications and a charge of misconduct supported by one
specification which had been served on Appellant.
ISSUE
The appeal has been taken from the order of the Administrative
Law Judge. Appellant asks that the charges and specifications be
dismissed with prejudice.
APPEARANCE: Corlett, Killian, Hardeman, McIntosh, & Levi, P.A. by
David McIntosh
OPINION
The first question which must be answered is whether an event
has occurred which is subject to appeal. As set forth in detail
below, I conclude that it has not. | Appeal No. 2351 | Suspension and Revocation Appeals Authority | 5/15/1984 | 5/15/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 1613 - STEPHENS | By order dated 27 June 1966, an Examiner of the United States
Coast Guard at Jacksonville, Florida, suspended Appellant's seaman
documents for three months on eighteen months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a radio officer on board the United
States SS HERCULES VICTORY under authority of the license above
described, on or about 16 January 1965, Appellant was, by reason of
intoxication, unable to perform his regularly assigned duties.
Three additional specifications were found not proved.
The hearing in this matter was first convened on 10 June 1965.
Appellant was present and elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification, and the Government then asked for a continuance to
secure the depositions of witnesses. The hearing was reconvened on
25 October 1965 and on 11 January 1966 after notice to this person
charged, but he did not appear.
The Investigating Officer introduced in evidence the testimony
of the master and the chief mate with respect to the events giving
rise to the specification found proved. Appellant did not offer
any evidence in defense and did not testify in his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and one
specification had been proved. The Examiner then served a written
order on Appellant suspending all documents issued to Appellant for
a period of three months outright plus three months on eighteen
months' probation. | Appeal No. 1613 | Suspension and Revocation Appeals Authority | 5/11/1967 | 5/11/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1681 - HENDRICKS | By order dated 27 July 1967, an Examiner of the United States
Coast Guard at Long Beach, California, 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
fireman/watertender on board the United States SS MANDERSON VICTORY
under authority of the document above described, on or about 8 and
9 June 1967, Appellant failed to stand four sea watches because of
intoxication while the vessel was at Honolulu, Hawaii.
Appellant did not appear for hearing. The Examiner entered a
plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of MANDERSON VICTORY.
At the end of the hearing, the Examiner rendered written decision in which 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 18 months' probation.
The entire decision was served on 2 August 1967. Appeal was
timely filed on 17 August 1967. Although Appellant was furnished
a transcript of proceedings at his request, on 28 August 1967, no
further perfection of his Appeal was made beyond the original
notice. | Appeal No. 1681 | Suspension and Revocation Appeals Authority | 3/5/1968 | 3/5/1968 | | 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 | 1700 - MCGRAW | By order dated 27 February 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months, upon finding him guilty of
misconduct and inattention to duty. The specifications found
proved allege that while serving as Third Mate on board SS
THUNDERHEAD under authority of the document and license above
described, Appellant:
(Under "Misconduct")
(1) on or about 18 July 1966, at Bangkok, Thailand,
wrongfully failed to perform his duties from 0800 to 1200 due to
intoxicants;
(2) on the same date, while the vessel was at sea, wrongfully
failed to perform duties because of intoxication;
(Under "Inattention to Duty")
(1) On or about 29 August 1966, failed to keep a proper bell
book while the vessel was in the Mississippi River.
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 the master of the vessel, and certain voyage records.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charges and four specifications had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months. | Appeal No. 1700 | Suspension and Revocation Appeals Authority | | | | 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 | 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 | 1932 - KEATING | By order dated 26 October 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as a Fireman/Watertender on board the United States SS
OVERSEAS EXPLORER under authority of the document above described,
on or about 15 July 1970, Appellant did:
(1) wrongfully fail to perform his assigned duties from 1600
to 2400 hours;
(2) wrongfully absent himself from the vessel without
permission;
(3) wrongfully assault the Chief Officer, Norman
Namenson; and
(4) wrongfully assault and batter with a deadly weapon, to
wit; a piece of steel rod, Radio Officer Billy G.
Crawford, and did injure said officer.
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 from the OVERSEAS EXPLORER, a steel rod, and the testimony
of several witnesses.
In defense, Appellant offered in evidence the testimony of a
witness.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and each specification had been proved. The Administrative Law
Judge then entered an order revoking all documents. | Appeal No. 1932 | Suspension and Revocation Appeals Authority | 5/23/1973 | 5/23/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1924 - MACDONALD | By order dated 26 October 1970, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for nine months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a fireman/watertender on board the SS TRANSPACIFIC
under authority of the document above captioned, on or about 23,
24, 25, 26 and 27 May 1970, Appellant failed to perform duties by
reason of intoxication at Manila, P.R.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of TRANSPACIFIC and a deposition of a witness.
There was no defense. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of nine months. | Appeal No. 1924 | Suspension and Revocation Appeals Authority | 5/3/1973 | 5/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1657 - SCOTT | By order dated 26 October 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant seaman
documents for six months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an ordinary seaman on board the United States SS SHIRLEY
LYKES under authority of the document above described, on or about
12 August 1966, Appellant wrongfully assaulted and battered with
his fist Mr. Finley Burch, a fellow crewmember, 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 entries from
the ship's shipping articles and from its Official Logbook, and the
testimony of four witnesses.
In defense, Appellant offered in evidence the written
statement of a fellow crewmember. It was admitted into the record
by stipulation of the parties.
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 six months outright. | Appeal No. 1657 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1749 - TOMPKINS | By order dated 26 October 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for five months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS YELLOWSTONE under authority of the
document above captioned, Appellant wrongfully failed to perform
duties on 4, 5, 6, 7, 8 and 9 September 1966, at Split, Yugoslavia.
At the appointed time and place for hearing, Appellant did not
appear. The Examiner entered pleas of not guilty to the charge and
all specifications. The Investigating Officer introduced into
evidence voyage records of YELLOWSTONE.
Since Appellant had by telephone asked the Investigating
Officer for a change of venue from Corpus Christi to Houston,
Texas, the Examiner granted a change and stay. Three days later,
at Houston, the hearing continued. Appellant was still not in appearance but his previously named professional counsel was. No
defense was offered but matters in mitigating were asserted. No
reason was offered, or inquired about, for Appellant's failure to
appear for hearing.
After 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. Two months of
this period were ascribed to invocation of an earlier order, with
violation of probation. | Appeal No. 1749 | Suspension and Revocation Appeals Authority | 1/24/1969 | 1/24/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1553 - BARTON | By order dated 26 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 6 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as and A.B.
seaman on board the United States SS GIBBES LYKES under authority
of the document above described, Appellant
(1)wrongfully failed to perform dutiess on 26 August 1965,
from 1600 to 1900;
(2) wrongfully failed to join the vessel at 1900 on 26 August
1965, remaining so absent until 31 August 1965;
(3) wrongfully absented himself from the vessel from 1500 on
10 September to 1815 on 11 September, 1965; | Appeal No. 1553 | Suspension and Revocation Appeals Authority | 5/18/1966 | 5/18/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1571 - CONKLING | By order dated 26 November 1965, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for 6 months outright plus 6 months on 12
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
boatswain on board the United States SS GREEN POINT under authority
of the document above described, on or about 23 July 1965,
Appellant wrongfully made threats against, and assaulted and
battered, a fellow crewmember, one Carlos V. Contreras.
This hearing was held in joinder with one involving Carlos V.
Contreras, the alleged victim of Appellant's assault and battery.
Contreras was also charged with assault and battery upon Appellant.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1571 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1865 - RAZZI | By order dated 26 May 1970, an Examiner of the United States
Coast Guard at New York, N.Y., 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 BIENVILLE under authority of the
document and license above described, on or about 9 April 1970,
Appellant wrongfully absented himself from the engine room and his
duties from about 2000 to 2400 when the vessel was at Genoa, Italy,
and that he wrongfully failed to join the vessel on 10 April 1970
at Genoa, Italy.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence voyage records
of BIENVILLE. 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 four months outright
plus two months on twelve months' probation. | Appeal No. 1865 | Suspension and Revocation Appeals Authority | 1/13/1972 | 1/13/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1669 - SHADE | By order dated 26 May 1967, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellant's
seaman documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that while a holder of the document above
described, on or about 19 September 1963, Appellant was convicted
of a violation of Section 11715 of The Health and Safety Code, a
narcotic drug law of the State of California.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of a
judgement of conviction.
In defense, Appellant offered matters in mitigation.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1669 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1734 - NEMECEK | By order dated 26 May 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for four months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman/watertender on board SS SEATRAIN NEW JERSEY
under authority of the document Appellant:
(1) on or about 13 and 14 March 1967, at Cam Ranh, Vietnam,
failed to perform duties by reason of intoxication.
(2) on or about 23 March 1967, at sea, failed to perform
duties;
(3) on or about 23 March 1967, at sea, wrongfully had
intoxicating liquor in his possession;
(4) on or about 23 March 1967, at Nagoya, Japan, failed to
perform assigned duties;
(5) on or about 28 March 1967, at Yokohoma, Japan, failed to
perform assigned duties;
(6) on 4 April 1967, at Da Nang, Vietnam, failed to join the
vessel;
(7) on 6, 7, 8 and 9 April 1967 at Qui Nhon, Vietnam, failed
to perform assigned duties; and
(8) on 21 April 1967, at Vung Tau, Vietnam, wrongfully failed
to perform duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification except the fifth to which he pleaded guilty. | Appeal No. 1734 | Suspension and Revocation Appeals Authority | 11/6/1968 | 11/6/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1486 - KNUTSON | By order dated 26 May 1964, an Examiner of the United States
Coast Guard at Portland, Oregon, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The five
specifications found proved allege that while serving as an able
seaman on the United States SS WILDERNESS under authority of the
document above described, on 23 February 1964, Appellant wrongfully
failed to perform his duties as helmsman and wrongfully had
possession of alcoholic beverages on the ship; from 30 March
through 3 April 1964, Appellant wrongfully failed to perform his
assigned duties on 16 April 1964, Appellant created a disturbance
on board and deserted the ship.
At the original hearing, Appellant was not present or
represented by counsel. The hearing was conducted in absentia
after the Examiner entered pleas of not guilty to the charge and
each specification on behalf of Appellant. | Appeal No. 1468 | Suspension and Revocation Appeals Authority | 1/7/1965 | 1/7/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1918 - STUART | By order dated 26 March 1970, an Administrative Law Judge of
the United States Coast Guard at New York, New York revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, holder of the
document above captioned, was on 19 March 1969 convicted by a court
of record at Balboa, Canal Zone, for violation of a narcotic drug
law of the zone, possession of marijuana.
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 Magistrate's Court of Balboa, Canal Zone.
In defense, Appellant offered no 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. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1918 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1940 - HUDDLESTON | By order dated 26 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman's documents for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Night Engineer on board the SS STEEL
ADVOCATE under authority of the license above captioned, on or
about 17 June 1972, Appellant, while the vessel was in the port of
New Orleans, Louisiana, wrongfully failed to properly supervise the
engineering watch by permitting the boiler to be fired with
insufficient water, thereby contributing to the cause of extensive
damage to the port boiler.
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 an extract
from the vessel's engine room log book and the testimony of the
Chief Engineer and the fireman/water-tender who was on watch at the
time of the casualty.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order suspending all
document issued to appellant for a period of three months outright. | Appeal No. 1940 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1671 - DURDEN | By order dated 26 July 1967, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one year upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a wiper on board the United States SS TRANSONTARIO under
authority of the document above described, on or about 23 June
1967, Appellant assaulted and battered with a dangerous weapon, a
knife, Glen G. Gill, the ship's radio officer.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer and Counsel presented to the
Examiner a stipulated "Agreement on Facts". The agreement included
a recommendation for a suspension of one year.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by the stipulation. The Examiner then entered an
order suspending all documents issued to Appellant for a period of
one year. | Appeal No. 1671 | Suspension and Revocation Appeals Authority | 12/20/1967 | 12/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1748 - NICKERSON | By order dated 26 July 1967, an Examiner of the United States
Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for three 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 AB
seaman on board SS COLUMBIA VICTORY under authority of the document
above captioned Appellant:
(1) on or about 30 April 1967, at Southport, N.
C., wrongfully failed to perform duties in
securing the vessel for sea;
(2) on or about 1 June 1967, at sea, wrongfully
failed to perform duties by reason of
intoxication; an
(3) on or about 2 June 1967, at sea, wrongfully
failed to stand a lookout watch because intoxication.
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 COLUMBIA VICTORY.
There was no defense.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of three
months outright plus six months on twelve months' probation. | Appeal No. 1748 | Suspension and Revocation Appeals Authority | 1/1/1969 | 1/1/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2152 - MAGIE | By order dated 26 January 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Tampa, Florida, on 16 August and 7 September 1977,
suspended Appellant's license for a period of four(4) months on
probation for eight(8) months upon finding him guilty of misconduct
and negligence. The two specifications of the charge of misconduct
found proved allege (1) that while serving as operator aboard M/V
ALICE ST. PHILIP while pushing ahead the barge FAUSTINA, under
authority of the captioned license, Appellant did, on or about 16
April 1977, while navigating aforesaid vessel in a narrow channel,
fail to keep to that side of the fairway or midchannel which lies
on the starboard side of the vessel, as required by Article 25 of
the Inland Rules of the Road, thereby contributing to a collision
between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay,
Florida, and (2) in that Appellant, while serving as aforesaid,
did when approaching SS LOUISIANA BRIMSTONE head and head, or
nearly so, fail to pass said vessel properly on the port side,
after signaling his intention to do so by one short blast of his
whistle for a port-to-port passing as required by Article 18 of the Inland Rules of the Road, thereby contributing to a collision
between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay,
Florida. The two specifications of the charge of negligence found
proved allege (1) that Appellant, while serving as aforesaid, did
in a narrow channel, by failing to keep his vessel to that side of
the fairway or midchannel which lies on the starboard of his
vessel, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida, and (2) in that Appellant, while serving as
aforesaid, did when approaching SS LOUISIANA BRIMSTONE end on or nearly so, by failing to pass said vessel properly on the port side, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida. | Appeal No. 2152 | Suspension and Revocation Appeals Authority | 4/19/1979 | 4/19/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1575 - HILLIKER | By order dated 26 January 1966, an Examiner of the United
States Coast Guard at Portland, Oregon, suspended Appellant's
seaman's documents for 4 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Second Assistant Engineer on board the United States SS
ROBIN KIRK under authority of the document and license above
described, on or about 15 and 16 December 1965, Appellant
wrongfully failed to perform his duties, at Inchon, Korea, by
reason of intoxication.
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 introduced in evidence entries in
the Official Log Book of ROBIN KIRK.
In defense, appellant made an unsworn statement.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and both specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of four months outright. | Appeal No. 1575 | Suspension and Revocation Appeals Authority | 8/3/1966 | 8/3/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1868 - FRANK | By order dated 26 February 1971, an Examiner of the United
States Coast Guard at New York, N.Y., suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding proved a charge of misconduct. The
specifications found proved allege that while serving as a third
officer on board SS SANTA MAGDALENA under authority of the document
and license above captioned, on 3 November 1970, Appellant, when
the vessel was at Guayaquil, Ecuador,
(1) committed an assualt and battery on the Chief Officer,
one John T. Russell, by offering to strike him with his
fist, by grabbing his shirt lapel, and by kicking him
about the body, and
(2) wrongfully threatened the Chief Officer.
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 three witnesses and voyage records of SANTA MAGDALENA.
In defense, Appellant offered in evidence his own testimony,
voyage records of SANTA MAGDALENA, and medical records from the
U.S. Public Health Service.
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. 1868 | Suspension and Revocation Appeals Authority | 2/3/1972 | 2/3/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1933 - HERRING | By order dated 26 February 1971, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's licenses for three months outright
upon finding him guilty of negligence. The specifications found
proved allege that while serving as pilot on board the Japanese M/V
SUWA MARU #37 under authority of the license above captioned, on or
about 17 July 1969, Appellant:
(1) negligently failed to navigate "said vessel" in a
cautious and prudent manner "notwithstanding the presence
of the M/V KOLO which was also being navigated outbound
ahead of said vessel," and
(2) negligently failed to maintain a proper lookout aboard
SUWA MARU #37.
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 who were aboard KOLO.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 1933 | Suspension and Revocation Appeals Authority | 6/15/1973 | 6/15/1973 | | 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 | 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 | 1605 - ZIMMER | By order dated 26 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for three months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintenance man on board the
United States SS GUAM BEAR under authority of the document above
described, on or about 13 December 1965 Appellant used foul and
abusive language toward and threatened the lives of two Customs
officers engaged in the execution of their duties.
A specification alleging that Appellant wrongfully brought
into the United States certain merchandise without declaring it,
and a specification alleging intimidation of U. S. Customs officers
in the performance of their official duties were found not proved.
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 certified
extracts from the Shipping Articles for the SS GUAM BEAR for the
voyage commencing 29 October 1965 and 13 December 1965, on which
Appellant was a crew member. The two Customs officers testified
with respect to the incident giving rise to the charge and
specifications.
In defense, Appellant offered in evidence the testimony of a
companion who stated that he did not hear the Customs officers say
anything about the alleged threat. Appellant testified in his own
behalf and admitted the use of profane language but stated he did
not remember threatening the lives of the officers.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and one
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. 1605 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1559 - BETANCOURT | By order dated 25 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for three months outright on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a deck
maintenance man on board the United States SS AFRICAN METEOR, under
authority of the document above described, on or about 6 July 1965,
Appellant wrongfully assaulted a fellow crewmember, Alberto V.
Papa, with a knife--two other specifications of wrongful assault
were found not proved.
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 Alberto V. Papa, and Peter Estabrooks, the second assistant | Appeal No. 1559 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1672 - GUTIERREZ | By order dated 25 May, 1967, an Examiner of the United States
Coast Guard at Houston, Texas, 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 while holder of the document above described, on or
about 29 August 1966, Appellant was convicted of violation of 18
U.S.C. 1407 in the U.S. District Court, Southern District of Texas.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence copies of the
indictment and of the judgment of conviction.
In defense, Appellant offered in evidence matters in
mitigating.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1672 | Suspension and Revocation Appeals Authority | 12/20/1967 | 12/20/1967 | | 12/28/2017 |
| 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 | 1729 - FELTON | By order dated 25 March 1968, an Examiner of the United States
Coast Guard at Seattle, Washington, suspended Appellant's seaman's
documents for four months plus six months on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as third mate
on board SS BREEN MOUNTAIN STATE under authority of the document
and license above captioned, Appellant:
(1) on or about 2, 3, 8, and 9 February 1968, wrongfully
failed to perform duties by reason of intoxication while the vessel
was at sea;
(2) on or about 5 and 6 February 1968, wrongfully failed to
perform duties by reason of intoxication while the vessel was at
Pusan, Korea;
(3) on or about 23 and 24 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at
Saigon, South Vietnam.
At the hearing held on Portland, Ore., 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 GREEN MOUNTAIN STATE and the testimony of the chiefmate of the vessel.
In defense, Appellant wrote a letter explaining why he had not
appeared for hearing and urging reasons why the second and third
specification should not be found proved. The Examiner made this
letter an exhibit in evidence. | Appeal No. 1729 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 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 | 1825 - PLEASANT | By order dated 25 June 1969, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for six months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an oiler on board SS
MORMACRIO under authority of the document above captioned,
Appellant on 17 March 1969, assaulted and battered by beating with
his fists the third assistant engineer, one Albert J. Renaud while
the vessel was at sea.
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 MORMACRIO and the testimony of two 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 specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus six
months on twelve months' probation. | Appeal No. 1825 | Suspension and Revocation Appeals Authority | 10/30/1970 | 10/30/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1673 - MATTE | By order dated 25 January 1967, an Examiner of the United
States Coast Guard at Port Arthur, Texas, 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 while holder of the document above
described, on or about 6 June 1963, Appellant was convicted of
possession of a narcotic drug in violation of a narcotic drug law
of the State of Texas, in the Criminal District Court of Jefferson
County, Texas.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence certified
minutes of the conviction.
In defense, Appellant offered in evidence matter in
mitigation.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1673 | Suspension and Revocation Appeals Authority | 12/20/1967 | 12/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1626 - MILLIKEN | By order dated 25 January 1966, an Examiner of the United
States Coast Guard at Tampa, Florida, suspended Appellant's
seaman's documents for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a second mate on board the United
States SS MARINE MERCHANT under authority of the license above
described, on or about 10 January 1966, Appellant assaulted and
battered a fellow crewmember.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses to the incident.
In defense, Appellant offered in evidence the testimony of one witness, and took the stand on his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had ben proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
six months on 12 months' probation. | Appeal No. 1626 | Suspension and Revocation Appeals Authority | 5/26/1967 | 5/26/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1563 - RONDON | By order dated 25 January 1966, 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 specification
found proved alleges that while serving as a crew messman on board
the USNS TWINN FALLS under authority of the document above
described, on or about 6 March 1965, Appellant assaulted and
battered another crew member, Asuncion Quinones, 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
specification.
The Investigating Officer introduced in evidence the testimony
of Quinones and two other witnesses.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1563 | Suspension and Revocation Appeals Authority | 6/15/1966 | 6/15/1966 | | 3/1/2018 |
| 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 | 1716 - ROWELL | By order dated 25 August 1967, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for six months upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Chief Engineer on board SS WHITTIER VICTORY under
authority of the document and license above described, on or about
11 August 1966, Appellant failed to utilize all available means in
an effort to minimize damage to the vessel's machinery, when
salinity was evident within the vessel's condensate system, thereby
causing the premature failure of the propulsion and auxiliary
electrical plant.
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 expert witnesses, the testimony of one engineer of the
vessel who was present during most of the critical period aboard
WHITTIER VICTORY, and certain documents.
In defense, Appellant offered in evidence the testimony of the
master of the vessel, his own testimony, and one document relative
to boiler feed water analysis prior to the casualty.
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. | Appeal No. 1716 | Suspension and Revocation Appeals Authority | 7/12/1968 | 7/12/1968 | | 12/27/2017 |