| Suspension and Revocation Appeals Authority | 1956 - HANSON | By order dated 17 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, N. Y. suspended
Appellant's seaman's documents for 3 months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved below alleges that while serving as the Person in Charge on
board the tank barge B. NO. 110 under authority of the document
above captioned, on or about 21 April 1971, Appellant negligently
failed to perform his duties by allowing cargo transfer operations
to take place without giving his immediate supervision to an
unqualified person, while he was in the cabin of the barge reading
a book.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified copy of the certificate of inspection of the tank barge B. NO. 110,
an amendment to the certificate of inspection, and the testimony of
a Coast Guard boarding officer.
In defense, Appellant offered in evidence his own testimony
and that of one witness.
The Administrative Law Judge rendered a written decision in
which he amended the charge and specification and concluded that
the charge and specification was proved. He then served a written
order on Appellant suspending all documents, issued to him, for a
period of 3 months on 12 months' probation. | Appeal No. 1956 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1604 - ANTALAN | By order dated 16 September 1966, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Steward
Utility on board the United States SS CHARLES LYKES under authority
of the document above described, on or about 27 August 1966,
Appellant wrongfully battered a fellow crewmember with a bottle.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the Shipping
Articles and official Logbook of the vessel, and the testimony of
two witnesses to the incident.
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 the Appellant. | Appeal No. 1604 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| 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 | 1694 - KUNTZ | By order dated 16 November 1966, an Examiner of the United
States Coast Guard at Boston, Massachusetts, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Third
Assistant Engineer on board the United States SS CARROLL VICTORY
under authority of the license above described, Appellant
wrongfully failed to perform his duties on 3 December 1965, 5, 6,
8 and 16 January 1966; participated in a disturbance and wrongfully
had possession of intoxicants on 2 December 1965; wrongfully caused
ship's property to be destroyed on 5 January 1966; wrongfully
engaged in a fight on 8 January 1966; and wrongfully deserted the
vessel on 17 January 1966.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and each
specification.The Investigating Officer introduced in evidence log book
entries and other documentary evidence relating to the charge,
including deposition of the Chief Engineer, the Third Mate, and the
Master, and the testimony of the Master.
In defense, Appellant offered in evidence his own testimony,
the stipulated testimony of the Second Assistant Engineer, and
certain documents relating to the desertion specification. | Appeal No. 1694 | Suspension and Revocation Appeals Authority | 4/1/1968 | 4/1/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1698 - PETERS | By order dated 16 November 1966, an Examiner of the United
States Coast Guard at Boston, Massachusetts revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Second
Assistant Engineer on board the United States SS CARROLL VICTORY,
under authority of the license above described, on or about 2
December 1965, Appellant wrongfully had intoxicating liquor in his
possession, wrongfully participated in a disturbance, wrongfully
assaulted and battered another crewmember, and wrongfully failed to
perform his duties; on or about 16 January 1966 wrongfully failed
to perform his duties; and on or about 17 January 1966 wrongfully
deserted the vessel.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence logbook
entries relating to the specifications alleged, the depositions of
the Master and Third Mate, and the testimony of the Master.
In defense, Appellant offered in evidence his own testimony,
the testimony of the former Third Assistant Engineer, and certain
documents relating primarily to the desertion specification.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and before mentioned
specifications had been proved. The Examiner then served a written
order on Appellant revoking all documents issued to him. | Appeal No. 1698 | Suspension and Revocation Appeals Authority | 4/8/1968 | 4/8/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1706 - OWENS | By order dated 16 May 1967, an Examiner of the United States
Coast Guard at San Francisco, Cal., revoked Appellant's seaman's
documents 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
described, Appellant:
(1) wrongfully, from 19 through 23 February 1967, failed to
perform duties at Qui Nhon, RVN:
(2) wrongfully failed to stand a watch at sea on 24 February
1967;
(3) wrongfully abandoned his watch, and the vessel, on 26
February 1967 at Saigon, RVN;
(4) wrongfully failed to perform duties on 27 and 28 February
1967 at Saigon;
(5) deserted the vessel at Saigon on 1 March 1967.
Additionally, it was found that while serving aboard SS
TRANSPACIFIC as an ordinary seaman Appellant wrongfully failed to
join the vessel at Vung Tau, RVN, on 31 March 1967.
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 METAPAN and TRANSPACIFIC, a record from the American
Consulate at Saigon, and a medical report. | Appeal No. 1706 | Suspension and Revocation Appeals Authority | 7/3/1968 | 7/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1665 - PASCOE | By order dated 16 March 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman
documents for six months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an able seaman on board the United States SS DICK LYKES
under authority of the document above described, on or about 26
October 1966, Appellant did wrongfully assault and batter a fellow
crewmember.
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 entries from
the ship's shipping articles and its official Logbook; the
testimony of the ship's master; a deposition taken from a
crewmember; and, by stipulation with Appellant, the written statements of two other crewmembers.
Appellant offered no evidence in his 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 then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months outright. | Appeal No. 1665 | Suspension and Revocation Appeals Authority | 10/23/1967 | 10/23/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1975 - GRADDICK | By order dated 16 June 1972, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman's documents upon finding him guilty of
misconduct.The specification found proved alleges that while
serving as Utility Messman on board the SS STEEL NAVIGATOR under
authority of the document above described, on or about 24 April
1972, Appellant wrongfully assaulted and battered the Utility
Messman Camilo Rojas by striking and cutting him on the hand with
a knife.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of the SS STEEL NAVIGATOR and the testimony of several
witnesses.
In defense, Appellant offered in evidence his own testimony and sworn statements of two other witnesses.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant.
The entire decision was served on 30 June 1972. Appeal was
timely filed on 3 July 1972. | Appeal No. 1975 | Suspension and Revocation Appeals Authority | 7/10/1973 | 7/10/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1753 - VASQUEZ | By order dated 16 July 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for nine months outright plus three months on one year's
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bath
steward on board SS INDEPENDENCE under authority of the document
above captioned, on or about 28 November 1967, Appellant, while the
vessel was at sea,
(1) wrongfully drank intoxicants;
(2) assaulted another crewmember, Robert F. Zorn;
(3) wrongfully used foul and abusive language to the staff
captain;
(4) wrongfully used foul and abusive language to the chief
mate;
(5) assaulted and battered the chief mate by wrongfully
placing his hands upon him;
(6) assaulted and battered the staff captain by striking him
with his fists and tearing his shirt;
(7) failed to obey an order of the staff captain to leave the
room he was in improperly;
(8) threatened to kill the staff captain.
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 INDEPENDENCE, and the testimony of a bellboy, the staff
captain, the third mate, and the chief officer. | Appeal No. 1753 | Suspension and Revocation Appeals Authority | 3/12/1969 | 3/12/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1675 - SHELBY | By order dated 16 February 1967, 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 messman aboard the United States SS MONTEREY under
authority of the document above described, on or about 27 May 1967,
at Auckland, New Zealand, Appellant had in his possession a
dangerous drug, Indian Hemp.
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 an
authenticated copy of an entry in the Criminal Record Book of the
Magistrate's Court of Auckland, New Zealand.
In defense, Appellant testified in his own behalf.
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 revoking all documents issued to Appellant. | Appeal No. 1675 | Suspension and Revocation Appeals Authority | 12/27/1967 | 12/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1646 - WILLIAMS | By order dated 16 December 1966, an Examiner of the United States
Coast Guard at New York City, New York revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an Officer Bedroom
Steward on board the United States SS AFRICAN RAINBOW under
authority of the document above described, on or about May 10,
1966, Appellant assaulted and battered a crew member with a knife.
At the hearing, Appellant was represented by counsel. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony of
three crew members of the vessel.
In defense, Appellant offered in evidence a document relating to
his health, and testified 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 been
proved. The Examiner then served a written order on Appellant
revoking all documents issued to him. | Appeal No. 1646 | Suspension and Revocation Appeals Authority | 7/12/1967 | 7/12/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1908 - NEILSON | By order dated 15 September 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. the specification found proved alleges that while
serving as a Second Steward on board the SS SANTA MERCEDES under
authority of the document above captioned, on or about 21 November
1970 while the vessel was at sea, Appellant did wrongfully molest
a minor male passenger, by applying an electric vibrator to his
person, while engaging him in conversation about sexual matters.
Appellant failed to appear at the first two sessions of the
hearing. At the third session, Appellant appeared and elected to
act as his own counsel. He entered a plea of not guilty to the
charge and specification. He also appeared at the fourth and fifth
sessions, but not the sixth and the final sessions.
The Investigating Officer introduced in evidence testimony of another passenger, and a certified extract from the shipping
articles of the vessel.
In defense, Appellant offered in evidence a letter from the
National Maritime Union. No formal defense was presented.
Appellant failed to appear at four of the seven sessions of the
hearing.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1908 | Suspension and Revocation Appeals Authority | 2/7/1973 | 2/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1826 - BOZEMAN | By order dated 15 September 1969, an Examiner of the United
States Coast Guard at Tampa, Florida, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board SS HOOSIER STATE under authority of the document above
captioned, on or about 28 May 1966, Appellant, while the vessel was
at sea, assaulted and battered a fellow crew member, Carl POYAS,
with a weapon, to wit, a knife.
At the outset of the hearing at San Francisco, California,
Appellant did not appear but was represented by professional
counsel. Appellant subsequently appeared in Tampa and entered a
plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the
depositions of seven witnesses. In defense, Appellant offered no evidence, in view of his
plea, but made a statement to the Examiner.
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. 1826 | Suspension and Revocation Appeals Authority | 11/13/1970 | 11/13/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1927 - SAVAGE | By order dated 15 October 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months on nine months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Galley
Utilityman on board the United States SS HOPE under authority of
the document above captioned, on 7 March 1971, Appellant did, while
said vessel was in Kingston, Jamaica, wrongfully fail to turn to on
time, and did on 9 April 1971, while said vessel was in Kingston,
Jamaica, fail to take his regularly assigned fire and lifeboat
stations.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence abstracts of
the shipping articles and pertinent Records of Official Logbook Entries, all certified under Consular Seal.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specifications had been proved. The Administrative Law Judge
entered an order suspending all documents, issued to Appellant, for
a period of two months on nine months' probation. | Appeal No. 1927 | Suspension and Revocation Appeals Authority | 5/15/1973 | 5/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1921 - WIGREN | By order dated 15 October 1969, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., suspended
Appellant's seaman's documents for 12 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler on board the United States SS RAMBAM
under authority of the document above described, on or about 22,
23, 24, 25, 26, and 27 August 1969 while said vessel was at the
port of Inchon, Korea, Appellant wrongfully failed to perform his
assigned duties.
At the hearing, Appellant failed to appear. A plea of not
guilty to the charge and specification was entered on behalf of
Appellant.
The Investigating Officer introduced in evidence certified
copies from the ship's logbook and the Shipping Articles.
Since Appellant failed to appear 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 specification had been proved. The Administrative Law Judge
then entered an order suspending all documents, issued to
appellant, for a period of 12 months outright. | Appeal No. 1921 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1554 - MCMURCHIE | By order dated 15 October 1965, 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 deck
utilityman on board the United States SS SANTA LUISA under
authority of the document above described, on or about 15 and 16
March 1965, Appellant, at Kingston, St. Vincent,
1) wrongfully failed to perform duties at unmooring the vessel
by reason of intoxication;
2) wrongfully destroyed ship's property by throwing mooring
lines overboard;
3) wrongfully assaulted and battered the master of the vessel;
and 4) wrongfully used foul and abusive language to the master of
the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1554 | Suspension and Revocation Appeals Authority | 5/16/1966 | 5/16/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1586 - WALLIS | By order dated 15 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California, suspends 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 a
fireman-watertender on board the United States SS JAVA MAIL under
authority of the document above described, on or about 10 August
1965, Appellant did "at or about 0130 hours, wrongfully fail to
perform your duties while the vessel was at Calcutta, India, having
been relieved for sleeping on watch and being under the influence
of liquor."
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, to explain
the facts of the case, an entry in the Official Log Book of JAVA
MAIL.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 specification
had been proved by plea. 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. 1586 | Suspension and Revocation Appeals Authority | 9/15/1966 | 9/15/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1717 - HUDIBURGH | By order dated 15 November 1967, an Examiner of the United
States Coast Guard at Baltimore, Md. suspended Appellant's seaman's
documents for three months on nine months' probation upon finding
him guilty of misconduct. The specifications found proved allege
what while serving as an AB seaman on board SS NANCY LYKES under
authority of the document above described, Appellant:
(1) on 20 September 1967, at Yokosuka, Japan, wrongfully
failed to perform duties between 1300 and 1700 by reason of
intoxication;
(2) at the same time and place, wrongfully had liquor in his
possession;
(3) on 14 October 1967, at Yokosuka, wrongfully failed to
turn to and perform duties in connection with securing the vessel
for sea and unmooring because of intoxication;
(4) at the same time and place wrongfully showed
insubordination to the chief mate my calling him "mentally insane."
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 second to which he pleaded guilty.
The Investigating Officer introduced in evidence voyage
records of NANCY LYKES and the testimony of the chief mate.
In defense, Appellant offered in evidence his own testimony.
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 entered an order
suspending all documents issued to Appellant for a period of three
months on nine months' probation. | Appeal No. 1717 | Suspension and Revocation Appeals Authority | 7/21/1968 | 7/21/1968 | | 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 | 1938 - RODRIGUEZ | By order dated 15 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 4 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an A.B. on board the SS COPPER STATE under
authority of the document above captioned, on or about 22 June 1970
Appellant did create a disturbance aboard ship due to intoxication.
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 excerpts from
the vessel's shipping article and official log, answers to written
interrogatories submitted to the Second Mate and certified copies
of written statements of eight crewmembers. In defense, Appellant offered in evidence his own testimony
and answers to cross-examination interrogatories submitted to the
Second Mate.
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
suspending all documents, issued to Appellant, for a period of four
(4) months outright. | Appeal No. 1938 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1618 - POPWELL | By order dated 14 October 1966, an Examiner of the United
States Coast Guard at New York City, New York revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Radio
Officer on board the United States SS WELLESLEY VICTORY under
authority of the license above described, at various times between
2 November 1965 and 14 January 1966, Appellant wrongfully;
threatened to inflict bodily harm to various shipmates on four
separate occasions; assaulted and battered an unlicensed member of
the crew; incited various unlicensed personnel to disobey orders;
urged various unlicensed personnel to submit false overtime claims;
had intoxicating beverages in his possession; and conducted himself
in a manner unbecoming an officer by drinking intoxicants on board
in the presence of unlicensed personnel.
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 the direct
testimony of two witnesses, and written depositions from other
witnesses. Appellant submitted cross-interrogatories, the answers
to which were also introduced.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and before-mentioned
specifications had been proved. The Examiner then served a written
order on Appellant revoking all documents issued to him. | Appeal No. 1618 | Suspension and Revocation Appeals Authority | 5/18/1967 | 5/18/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1710 - WILLS | By order dated 14 November 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for two months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a third mate on board SS NORMAN LYKES under authority of
the document and license above described, on or about 31 December
1967, Appellant wrongfully failed to perform his regularly assigned
watch duties from 2000 to 2400, at sea, because of intoxication.
At the hearing, Appellant was represented by professional
counsel but did not appear in person. Appellant's counsel entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of SS NORMAN LYKES.
In defense, Appellant's counsel offered in evidence a
deposition taken from Appellant on written interrogatories.
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 two months. | Appeal No. 1710 | Suspension and Revocation Appeals Authority | 5/21/1968 | 5/21/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1722 - BLAIR | By order dated 14 November 1967, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for two months outright plus four months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving under
authority of the document and license above described, Appellant:
(1) as second mate, deserted SS AMERICAN HAWK at Osaka,
Japan, on 7 June 1966, and
(2) as second mate wrongfully failed to join SS HERMINA at
Charleston, S.C., on 24 May 1967.
At the hearing, Appellant elect 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 AMERICAN HAWK and HERMINA.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a written
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 two
months outright plus four months on twelve months' probation. | Appeal No. 1722 | Suspension and Revocation Appeals Authority | 9/13/1968 | 9/13/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1653 - WIRICK | By order dated 14 November 1966, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's seaman
documents for two months outright plus four 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 the United States SS WOLVERINE STATE under
authority of the document above described, on or about 13 September
1966, while the ship was at Bremerhaven, Germany, Appellant
wrongfully failed to report aboard to shift the vessel; that on or
about 21 September 1966, while the ship was at Le Havre, France,
Appellant wrongfully failed to obey a lawful order of the Chief
Mate; that on or about the same date and while the vessel was at
the same place, Appellant wrongfully failed to perform his assigned
duties and left the vessel without permission.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and the second, third and fourth specification, but entered a plea of
guilty to the first specification.
The Investigating Officer introduced in evidence a copy of the
ship's shipping articles and certified copies of entries from the
ship's Official Logbook.
In defense, Appellant offered in evidence his own testimony.
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 first specification by plea, and the others by
substantial evidence. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright plus months on twelve months' probation. | Appeal No. 1653 | Suspension and Revocation Appeals Authority | 8/4/1967 | 8/4/1967 | | 12/28/2017 |
| 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 | 1631 - WOLLITZ | By order dated 14 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y.. suspended Appellant's license for 2
months outright upon finding him guilty of negligence. The
specification found proved alleges that while serving as master on
board the United States SS PIONEER MYTH under authority of the
license above described, on or about 2 July 1966, Appellant failed
to go at moderate speed in fog, thereby contributing to a collision
with MV VISEVICA in the Atlantic Ocean.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer gave a summary of pertinent facts in
his opening statement.
In mitigation, Appellant offered in evidence the testimony of
two long-time colleagues.
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
suspending Appellant's license for a period of two months. | Appeal No. 1631 | Suspension and Revocation Appeals Authority | 6/5/1967 | 6/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1923 - ADAMS | By order dated 14 January 1971, an Administrative Law Judge 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 an oiler on board the United States SS SILVER DOVE under
authority of the document above described, on or about 30 November
1970 and 1, 2 and 4 December 1970 Appellant wrongfully absented
himself from his vessel and duties without permission.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
voyage records of the SILVER DOVE. Because of Appellant's absence,
nothing was offered in defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order suspending all documents issued to Appellant, for
a period of six months outright plus six months on 12 months'
probation. | Appeal No. 1923 | Suspension and Revocation Appeals Authority | 4/26/1973 | 4/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1728 - WOOLSEY | By order dated 14 February 1968, an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seaman's
documents for six months upon finding him guilty of misconduct.
The specification found proved alleges that while serving as an
ordinary seaman on board SS HALAULA VICTORY under authority of the
document above captioned, on or about 2 October 1966, Appellant
deserted the vessel at Bremerhaven, Germany.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of HALAULA VICTORY.
At the end of the hearing, the Examiner rendered an oral
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.
The entire decision was served on 27 March 1968. Appeal was
timely filed on 25 April 1968. | Appeal No. 1728 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1697 - CAMENOS | By order dated 14 December 1966, 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
misconduct. The specifications found proved allege that while
serving as Master on board the United States SS ALDINA under
authority of the document and license above described Appellant:
1) on or about 7 November 1964 at Freeport, Bahamas,
wrongfully ordered third mate Woycke to make a false
entry of the draft on arrival in the deck log;
2) on the same date sailed the vessel from Freeport with the
applicable load line unlawfully submerged; and
3) between 31 December 1964 and 25 March 1965, wrongfully
operated the vessel with an expired certificate of
inspection.
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 and inspection records of ALDINA, the vessel's load line
certificate, and the testimony of certain witnesses. | Appeal No. 1697 | Suspension and Revocation Appeals Authority | 4/9/1968 | 4/9/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1659 - WILSON | By order dated 14 December 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman 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 an able
seamen on board the United States SS SOLON TURMAN under authority
of the document above described. (1) on or about 9 November 1966,
while such vessel was at New Orleans, La., Appellant wrongfully
violated a Federal Statute by failing to declare dutiable
merchandise and attempted to take ashore such property without
fulfilling certain formalities required by the United States Bureau
of Customs; (2) on or about 9 November 1966, while such vessel was
at New Orleans, La., Appellant wrongfully violated a Federal
Statute by attempting to destroy evidence, which was in the process
of being seized; (3) on or about 2 November 1966, while such vessel
was at Houston, Texas, Appellant wrongfully had intoxicating liquor
aboard such vessel; and (4) on or about 9 November 1966, while suchvessel was at New Orleans, La., Appellant wrongfully had ships
cargo in his possession.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and the first,
second and fourth specifications. He entered a plea of guilty to
the third specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and the following exhibits:
(A) Five bottles of scotch
(B) One bottle of wine
(C) Remains of cardboard carton
(D) Copy of a portion of a Manifest and Freight List
indicating consignment of 50 cartons of wine
(E) Copy of a portion of Manifest and Freight List indicating
consignment of 150 cartons of whiskey
(F) Two delivery receipts indicating delivery of 49 cases of
the wine described in (D) above and of 149 cases of the
whiskey described in (E) above | Appeal No. 1659 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |
| 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 | 1866 - DUBOIS | By order dated 14 April 1970 and amended on 17 April 1970, an
Examiner of the United states Coast Guard at New York, N.y.,
suspended Appellant's seaman's documents for two months on nine
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as second
mate on board SS AMES VICTORY under authority of the document and
license above captioned, on or about 17 October 1969, Appellant, at
Subic Bay, P.R.,
(1) failed to perform his duties from 0400 to 0800;
(2) failed to perform his duties from 1600 to 2000; and
(3) failed to join the vessel at 2000.
At the hearing, Appellant was represented twice by
professional counsel, both of whom withdrew from the case.
Appellant then proceeded 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 AMES VICTORY and the testimony of the master of the
vessel.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
has been proved. The Examiner then entered and order suspending
all documents for a period of two months on nine months' probation.
(Linking of this order to an earlier order will be discussed below
in the OPINION.) | Appeal No. 1866 | Suspension and Revocation Appeals Authority | 1/13/1972 | 1/13/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1704 - BRYANT | By order dated 14 April 1967, and Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman 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 Third Mate
on board the United States SS ANADARKO VICTORY under authority of
the document and license above described, on or about 4 April 1967,
Appellant assaulted and battered with his fists a fellow
crew-member, one Bartley M. Dyer.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of the witness Bartley M. Dyer and voyage records of ANADARKO
VICTORY.
The Examiner introduced into evidence a letter relative to the
failure of Appellant to appear for hearing.
Since Appellant did not appear for hearing, 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 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. 1704 | Suspension and Revocation Appeals Authority | 4/25/1968 | 4/25/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1668 - HESSE | By order dated 14 April 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for one month outright plus three months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
messman on board the United States SS FRONTENAC VICTORY under
authority of the document above described, on or about 17, 19, and
25 November 1966, at Sattahip, Thailand, and on or about 11
December 1966, at Manila, P.I., Appellant wrongfully failed to
perform his duties by reason of intoxication.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of FRONTENAC VICTORY.
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 three months on twelve months' probation. | Appeal No. 1668 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1585 - WALLIS | By order dated 14 April 1966, an Examiner of the United States
Coast Guard at Tampa, Florida, suspended Appellant's seaman's
documents for 4 months outright plus 4 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 ADABELLE LYKES under authority of the document
above described, on or about 17 March 1966, Appellant wrongfully
failed to perform his duties on the 2000-2400 watch 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 specification.
However, he disclosed to the Examiner that he was on probation at
the time of the offense. When the Examiner warned him that any
suspension previously ordered on probationary terms would have to
be invoked if he were found guilty, Appellant elected to change his
plea to "not guilty".
The Investigating Officer introduced in evidence extracts from
the articles and official log book of ADABELLE LYKES.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At the end of the hearing, the Examiner rendered an oral
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 4 months outright
plus 4 months on 18 months' probation. | Appeal No. 1585 | Suspension and Revocation Appeals Authority | 9/13/1966 | 9/13/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1564 - KEARNEY | By order dated 13 October 1965, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman documents for 3 months outright upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a third refrigeration engineer on board the United
States SS PRESIDENT MADISON under authority, of the document above
described, Appellant, during a voyage from 14 April 1965 to 13
August 1965, on 28 May 1965 wrongfully threatened the chief
engineer with bodily harm; that Appellant on 25 June 1965
wrongfully failed to perform his assigned duties during part of his
watch; that Appellant on 11 July 1965 operated a distillery for
alcoholic beverages in the reefer machine shop on board said
vessel; that on 12 August 1965 Appellant wrongfully assaulted the
chief officer; and that on 13 August 1965 Appellant wrongfully
assaulted the chief refrigeration engineer.
At the hearing, Appellant was represented by professional | Appeal No. 1564 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1862 - GOLDEN | By order dated 13 November 1970, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's license for one month outright plus five months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
junior chief mate on board SS ACHILLES under authority of the
license above captioned, Appellant:
(1) On or about 4 April 1970, at Drift River, Alaska,...
disobeyed a lawful order of the master by not providing
a hog and sag report;
(2) on or about 6 April 1970, at sea continued to disobey the
lawful order of the master by refusing to turn to and
perform his assigned duties; and
(3) on or about 6, 7, 8, 9, and 10 April 1970 failed to perform his assigned duties.
At the hearing Appellant was respresented 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 ACHILLES and the testimony of one witness.
In defense, Appellant offered in evidence voyage records of
ACHILLES and the testimony of two witnesses.
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
licenses issued to Appellant for a period of one month plus five
months on twelve months' probation. | Appeal No. 1862 | Suspension and Revocation Appeals Authority | 11/3/1971 | 11/3/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1834 - STOVALL | By order dated 13 May 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 messman
on board SS SAN JUAN under authority of the document above
captioned, Appellant:
(1) on 22 March 1966, wrongfully had marijuana in his
possession while the ship was at sea; and
(2) on 28 March 1966, wrongfully had marijuana in his
possession when the vessel was at Port Elizabeth, N.J.
At the hearing, Appellant was at one time represented by
professional counsel who elected to withdraw. Appellant entered a
plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence certain
documents, testimony of some witnesses, and depositions of other
witnesses.
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 revoking all
documents issued to Appellant. | Appeal No. 1834 | Suspension and Revocation Appeals Authority | 3/2/1971 | 3/2/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1775 - HILL | By order dated 13 March 1969, an Examiner of the United States
Coast Guard at Portsmouth, Va., suspended Appellant's seaman's
documents for twelve months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as chief
cook on board SS AMERICAN LANCER under authority of the document
above captioned, Appellant:
(1), (2), (3), and (4) was absent from the vessel and his
duties without authority on 9, 10, 17, and 18 January
1969 at Hamburg, Germany;
(5) on 18, January 1969, at Hamburg, Germany,
failed to obey an order of the chief officer
to remain aboard the vessel;
(6) on 29 January 1969 absented himself from
duties without authority at Rotterdam, (7) & (8) was absent from the vessel and duties on 30 and
31 January 1969 at London, England;
(9) on 1 February 1969, at Le Havre, France,
failed to perform duties because of
intoxication; and
(10) on 3 February 1969, also at Le Havre, was
absent from duties without authority.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification. The Examiner later changed all these pleas to "not
guilty." | Appeal No. 1775 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1607 - CABRERA | By order dated 13 June 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for one month upon finding him guilty of
misconduct.The specifications found proved allege that while
serving as an able seaman on board the United States SS LENA
LUCKENBACH under authority of the document above described: on or
about 27, 28, and 29 May 1964, Appellant wrongfully failed to
perform his duties; on or about 11 June 1964 Appellant wrongfully
failed to perform his duties; and on or about 29 May 1964,
Appellant wrongfully failed to obey a lawful order of the master to
return on board the vessel. Two other specifications were found
not proved.
At the hearing, Appellant was represented by counsel.
Appellant entered a mixed plea: guilty to the specifications
alleging failure to perform, and not guilty to the remaining three
specifications.
The Investigating Officer introduced in evidence the Shipping
Articles and portions of the official logbook of the vessel.
In defense, Appellant offered in evidence his own testimony as
to the contested specifications of misconduct.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three of the
specifications had been proved, two of them by plea. The Examiner
then entered an order suspending all documents issued to Appellant
for a period of one month. | Appeal No. 1607 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1715 - FREDERICK | By order dated 13 July 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for four months finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board SS ROBIN TRENT under authority of the document Appellant:
(1) on or about 4 and 5 April 1967 wrongfully absented
himself from the vessel and his duties at a foreign port;
(2) on or about 8 April 1967, wrongfully failed to perform
duties at sea; and
(3) on or about 26 April 1967, wrongfully failed to comply
with a lawfully issued subpoena of a Coast Guard Officer
at a domestic 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 in view of
the pleas of guilty.
In defense, Appellant offered no evidence, but gave an
explanation as to why he failed to comply with the subpoena.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then served a written order
on Appellant suspending all documents issued to him for a period of
four months. | Appeal No. 1715 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1947 - QUARRY | By order dated 13 January 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as a Pilot on board the SS ESSO
GETTYSBURG under authority of the license above captioned, on or
about 23 January 1971 Appellant did fail to ascertain the vessel's
correct position, thus contributing to the grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the Ship's Official Log and Bell Book, various documentary evidence
pertaining to the Main Channel, New Haven Harbor, the testimony of
an officer assigned to the Coast Guard Merchant Marine Inspection Detachment, New London, Connecticut, and the testimony of other
parties aboard the vessel at the time of the grounding.
In defense, Appellant offered in evidence Coast Guard Aid to
Navigation Work Reports and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending Appellant's
license for 3 months on 12 months' probation. | Appeal No. 1947 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1750 - CAMERON | By order dated 13 February 1968, an Examiner of the United
States Coast Guard at Long Beach, cal., after a hearing held in
Seattle, Washington, revoked Appellant's license as master,
authorized and directed issuance of a license as chief mate after
one year, and suspended the new license for 12 months on 12 months'
probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as master of
SS RICHWOOD under authority of the document and license above
captioned, Appellant:
(1) on or about 22,23 and 24 January 1968, at
Seattle Washington, failed to have the
vessel's life-saving and firefighting
equipment properly maintained and ready for
use, and
(2) from on or about 24 August 1947 through 11
January 1968 failed to make required entries concerning fire and boat drills in the
official log book.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
Because of the disposition to be made of this case at this
time no recital of the procedure or findings of fact will be given.
At the end of the hearing, the Examiner entered an order as
set forth above. | Appeal No. 1750 | Suspension and Revocation Appeals Authority | 2/20/1969 | 2/20/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1561 - CONKLIN | By order dated 13 December 1965, 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 Third Mate
on board the United States SS HARBOR HILLS under authority of the
documents above described, on or about 25 September 1965,
Appellant:
(1) wrongfully engaged in acts of sexual perversion with a
member of the crew when the vessel was at Westport,
Oregon, and
(2) at the same time and place, used foul and abusive
language to the master of the vessel.
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.
In defense, Appellant offered in evidence his own testimony,
and two letters of recommendation. | Appeal No. 1561 | Suspension and Revocation Appeals Authority | 6/7/1966 | 6/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1838 - FORSYTH | By order dated 12 September 1969, an Examiner of the United
States Coast Guard at New Orleans, La., revoked Appellant's
seaman's documents upon finding him guilty of addiction to the use
of narcotics and incompetence. The specifications found proved
allege that Appellant:
(1) being the holder of the document above captioned was on
30 January 1969 addicted to the use of a narcotic drug
(Charge One), and
(2) while serving as engine maintenance aboard SS CRISTOBAL
on 2 September 1969, under authority of the above
captioned document, incompetent to perform his assigned
duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charges and each specification.
The Investigating Officer introduced in evidence the testimony
of a doctor of the United States Public Health Service.
In defense, Appellant testified in his own behalf.
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 revoking all
documents issued to Appellant.
The entire decision was served on 17 September 1969. | Appeal No. 1838 | Suspension and Revocation Appeals Authority | 4/23/1971 | 4/23/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1934 - FLEMMINGS | By order dated 12 October 1972, an Administrative Law Judge 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 a Fireman/Watertender on board the SS ALBANY under
authority of the document above described, on or about 26 September
1972, Appellant was wrongfully in possession of a controlled
substance, to wit, marihuana while the vessel was in the port of
Seattle, Washington.
At the hearing, Appellant did not appear, and the hearing was
held in absentia. A plea of not guilty to the charge and
specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles, the testimony of three customs officials and
a chemist who analyzed the marihuana, and a chain of custody for the marihuana.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant. | Appeal No. 1934 | Suspension and Revocation Appeals Authority | 6/5/1973 | 6/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1617 - KENNEDY | By order dated 12 October 1966, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman documents for two months outright plus 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 the United States SS
STEEL TRAVELER under authority of the document described, on or
about 10 July 1966, Appellant failed to join his vessel upon its
departure from Hong Kong bound for sea.
Appellant was not present or represented at the hearing. The
Examiner entered a plea of not guilty on behalf of Appellant and
conducted the hearing in absentia.
The Investigating Officer introduced in evidence the shipping
articles showing Appellant to be a member of the crew at the time
in the specification. Relevant entries were read into the record.
The Investigating Officer also introduced a certified copy of
entries in the ship's Official Logbook.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had bee proved. The Examiner then served a written order on
Appellant suspending all documents, issued to Appellant, for a
period of two months outright plus three months on twelve months'
probation. | Appeal No. 1617 | Suspension and Revocation Appeals Authority | 7/27/1967 | 7/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1603 - WHITE | By order dated 12 October 1965, an Examiner of the United
States Coast Guard at Port Arthur, Texas suspended Appellant's
seaman's document for three months, upon findings him guilty of
misconduct. The specifications found proved allege that while
serving as chief mate on board the United States USNS MISSION SAN
RAFAEL under authority of the document and license above described.
(1) On or about 28 or 29 April 1964, at
Beaumont, Texas, wrongfully caused
Grade "B" cargo to be transferred
into a cofferdam, "thereby altering
the character of the cofferdam as
defined in Title 46 CFR 30.10-13;"
(2) On or about 28 April 1964 and 3 July
1965, "while said vessel was at Sea," wrongfully caused alterations
to the cargo piping system in
violation of 46 CFR 30.01-10;
(3) On or about 28 and 29 April 1964, at
Beaumont, Texas, wrongfully caused
cargo to be transferred over the
deck through an open ended hose into
an open hatch, in violation of 46
CFR 35.35-20(d);
(4) On or about 28 and 29 April 1964, at
Beaumont, Texas wrongfully caused
the transfer of cargo into an
improperly vented compartment, in
violation of Title 46 CFR
32.55-30(c); and
(5) On or about 18 May, 27 May, 11 June
and 4 July 1965, at sea, wrongfully
caused the transfer of cargo over
the deck through an open ended hose
into an open hatch, in violation of
46 CFR 35.35-20(d).
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. 1603 | Suspension and Revocation Appeals Authority | 4/20/1967 | 4/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1913 - GOLDING | By order dated 12 May 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida, after a hearing
held at Miami, suspended Appellant's seaman's documents for four
months outright plus four months on eighteen months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board M/V JUNGLE QUEEN II
under authority of the license above captioned, on or about 21
March 1971, Appellant "wrongfully failed to insure that the vessel
was properly prepared to sail; to wit: That you got the vessel
underway with a mooring line made fast to the pier resulting in
failure of mooring devices causing personal injuries to three of
the passengers on board the vessel."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. personal injury and the testimony of four witnesses.
In defense, Appellant offered in evidence his own testimony.
Without objection the Administrative Law Judge took a view of
the vessel.
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
suspending all documents issued to Appellant for a period of four
months outright plus four months on 18 months' probation. | Appeal No. 1913 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |