| 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 | 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 | 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 | 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 | 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 | 1608 - DEYOUB | By order dated 31 August 1966, an Examiner of the United
States Coast Guard at Detroit, Michigan, 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 oiler on board the United States SS MORNING LIGHT
under authority of the document above described, on or about 20
September 1965, Appellant wrongfully deserted said vessel at a
foreign port. A second specification of wrongful failure to join
said vessel at a foreign port on or about 20 September 1965 was
found not proved (a lesser included offense).
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and the second
specification and not guilty to the first specification.
The Investigating Officer introduced a Certificate of Shipping
Articles showing that the person charged signed aboard the MORNING LIGHT on 6 July 1965 for a voyage which terminated at Los Angeles,
California, on 12 October 1965 and left the ship at Naha, Okinawa,
on 20 September 1965. The Investigating Officer also introduced
two certified extracts from the Official Log Book concerning
Appellant's failure to join the ship and the charge of desertion by
the Master.
In defense, Appellant testified that he went ashore to take
some old clothes and a radio to some friends; when he could not
find them, he started to drink and blacked out; and consequently,
he missed the ship. He did not intend to desert, but he did not
have the money to fly to Japan and catch the ship there. When he
did arrive in Yokohama, the ship had gone.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charge and the specification of
desertion at a foreign port 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. 1608 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1609 - SAARINEN | By order dated 30 June 1966, an Examiner of the United States
Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 12
month's probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Third
Mate on board the United States SS DEL NORTE under authority of the
license above described, Appellant on or about 26 and 28 May 1966,
and 19 June 1966, wrongfully failed to perform his duties, and on
or about 19 June 1966, wrongfully had intoxicating liquor in his
possession.
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 the Official
Logbook of the vessel and testimony of the Master.
Appellant took the stand 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 served a written order on
Appellant suspending all documents issued to him for a period of 3
months outright plus 3 months on 12 months' probation. | Appeal No. 1609 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1610 - O'CONNOR | By order dated 11 July 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for two months outright upon finding him guilty of
misconduct. The first specification found proved alleges that
while serving as a First Assistant Engineer on board the United
States SS AMES VICTORY under authority of the license above
described, on 4 May 1965 and on 13 May 1965 Appellant wrongfully
failed to perform his assigned duties by reason of intoxication.
Two additional specifications found proved allege that while
serving as First Assistant Engineer on board the United States SS
DELAWARE under authority of the license above described, Appellant
was wrongfully away from his duties on 26 May 1966 and wrongfully
failed to perform his duties by reason of intoxication on 19 June
1966.
The hearing was conducted in absentia when Appellant failed to
appear. The Examiner entered pleas of not guilty on behalf of Appellant.
The Investigating Officer introduced in evidence certified
copies of extracts from the Shipping Articles for the two voyage in
question and certified copies of entries in the Official Log Books
of the two ships on which Appellant was serving.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three
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. 1610 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1611 - SUPRIK | By order dated 1 April 1966, an Examiner of the United States
Coast Guard st San Francisco, California revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications fond proved allege that while serving as a
fireman-watertender on board the United States SS SANTA MONICA
under authority of the document above described, during the period
of 14 January through 25 February, Appellant wrongfully failed to
perform his duties on fourteen different occasions, and disobeyed
lawful orders on four occasions.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and each
specification.
The Investigation Officer introduced in evidence the Officer
Logbook of the vessel and the testimony of the Chief Engineer. 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 served a written order on
Appellant revoking all documents issued to him. | Appeal No. 1611 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1612 - KARISSON | By order dated 31 August 1966, an Examiner of the United
States Coast Guard at Seattle, Washington suspended Appellant's
seaman's documents for 12 months outright upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as an electrician on board the United States SS BOISE
VICTORY under authority of the document above described, on or
about 14, 15, and 16 July 1966, Appellant wrongfully created a
disturbance on three separate occasions, and wrongfully battered a
fellow crew member with a coffee cup on another occasion.
At the hearing, Appellant first elected to act as his own
counsel, and later was represented by counsel. The proceedings
being commenced in absentia, the Examiner entered for the Appellant
a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the official log book of the vessel and the testimony of three witnesses to the
misconduct alleged.
In defense, Appellant offered in evidence a stipulation of
testimony of an officer on board the vessel.
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 the Appellant, for a period of
12 months outright. | Appeal No. 1612 | Suspension and Revocation Appeals Authority | 5/10/1967 | 5/10/1967 | | 12/28/2017 |
| 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 | 1580 - CRAIG | By order dated 7 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month upon finding him guilty of
misconduct. The specification as found proved alleges that while
serving as master on board the United States SS REMSEN HEIGHTS
under authority of the document and license above described, on or
about 11 February 1966, Appellant, while the vessel was at sea,
wrongfully addressed the radio officer with threatening language,
the exact words, or substance of which, were: "There is the first
S.O.B. I'm going to shoot."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the radio officer, and of the first and third assistant engineers.
In defense, Appellant offered in evidence his own testimony
and that of the purser.
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 one month. | Appeal No. 1580 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1581 - VEDDER | By order dated 4 June 1964, an Examiner of the United States
Coast Guard at Long Beach, California, revoked Appellant's seaman's
documents upon finding him guilty of misconduct and incompetent.
Two charges were brought against Appellant, one of
"Misconduct," one of "Incompetence." Both charges were found
proved. In view of my opinion of this matter, expressed below, no
further analysis of the proceedings is necessary at this time. | Appeal No. 1581 | Suspension and Revocation Appeals Authority | 8/31/1966 | 8/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1583 - GAMACHE | By order dated 1 December 1965, an Examiner of the Unite
States Coast Guard at Portland, Maine, suspended Appellant
Gamache's license for one month outright plus two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as pilot on
board the United States SS LOUISIANA BRIMSTONE under authority of
the license above described, on or about 7 August 1965, Appellant
Gamache operated the vessel at immoderate speed in fog, thereby
contributing to a collision with SS CANTERBURY LEADER.
By order of 2 December 1965, at the same place, the Examiner
suspended Appellant Maxwell's license for two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as master
aboard the LOUISIANA BRIMSTONE under authority of his license, on
or about 7 August 1965, Appellant Maxwell permitted the vessel to
be operated at immoderate speed in fog, thereby contributing to a
collision with CANTERBURY LEADER.
At the hearing, Appellants were represented by professional
counsel. Appellants entered pleas of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence the testimony
of both Appellants and certain Ship's records.
In defense, Appellants offered in evidence statements of other
personnel employed aboard the LOUISIANA BRIMSTONE.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charges and specifications had been
proved. The Examiner then served written orders on Appellants
suspending their licenses as described above. | Appeal No. 1583 | Suspension and Revocation Appeals Authority | 9/7/1966 | 9/7/1966 | | 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 | 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 | 1587 - ROBERTSON | By order dated 19 May 1966, an Examiner of the United states
Coast guard at Galveston, Texas, revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that while as a holder of a merchant mariner's document
above described, on or about 22 April 1966, Appellant was convicted
in the United States District Court for the Southern District of
Texas, Houston Division, for violation of a narcotic drug law of
the United States, to wit: acquiring marihuana without having paid
the transfer tax, in violation of 26 U.S.C. 4744(a) (1).
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
A certified copy of the judgment of conviction alleged in the
specification was introduced into evidence.
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
revoking all documents issued to Appellant. | Appeal No. 1587 | Suspension and Revocation Appeals Authority | 9/26/1966 | 9/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1588 - INGRAM | By order dated 30 June 1966, an Examiner of the United States
Coast Guard at Duluth, Minnesota, suspended Appellant's seaman's
documents for three months outright plus nine months on eighteen
months' probation upon finding him guilty of misconduct. This
specification found proved alleges that while serving as a Third
assistant engineer on board the United States SS CLIFFORD F. HOOD
under authority of the document and license above described, on or
about 29 September 1965, Appellant wrongfully assaulted and
battered, with a piece of pipe, a member of the crew, one Ralph
Gates, causing injury.
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 several witnesses.
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 specification
had been proved. The Examiner than entered an order suspending all
documents issued to Appellant for a period of three months outright
plus nine months on eighteen months' probation. | Appeal No. 1588 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1582 - WRET | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's seaman
documents for 3 months outright plus 3 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board the
United States SS EVANTHIE under authority of the document above
described, on or about 24 February 1966, Appellant wrongfully
engaged in mutual combat with a ship's officer, one Porter Bodine,
the second assistant engineer.
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 the second assistant and of the chief engineer, as well as
records from the shipping articles and from the official log book.
In defense, Appellant offered in evidence testimony from a
wiper and from the chief officer of the vessel at the time in
question. A statement of Appellant had already been admitted into
evidence along with the official log book record.
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 served a written order on
Appellant suspending all documents issued to him for a period of 3
months outright plus 3 months on 12 months' probation. | Appeal No. 1582 | Suspension and Revocation Appeals Authority | 9/2/1966 | 9/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1555 - WEBB | By order dated 8 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for 24 months' outright upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as an A.B. on board the United States SS FLYING GULL under
authority of the document above described, on or about 12 July
1965, Appellant did wrongfully assault and batter a fellow
crewmember, Andrew Menice, Boatswain, by striking him about the
right side and inflicting a puncture wound. Another specification
alleging wrongful possession of charez (a form of marijuana) was
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. | Appeal No. 1555 | Suspension and Revocation Appeals Authority | 5/23/1966 | 5/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1557 - PEREZ | By order dated 21 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for two months outright plus four months on
eight months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
refrigeration oiler on board the United States SS CONSTITUTION
under authority of the document above described, on or about 20
November 1965, Appellant assaulted and battered, by pushing, the
second assistant engineer and shortly thereafter also assaulted the
same person by shaking his fist at him in a threatening manner and
offering to inflict bodily harm.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1557 | Suspension and Revocation Appeals Authority | 5/27/1966 | 5/27/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1558 - SORRENTINO.PDF | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as third mate on board the United States SS NORBERTO CAPAY
under authority of the documents above described, on or about 16
September 1965, Appellant wrongfully failed to join the vessel at
Qui Nhon, Vitenam.
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 four
documents. | Appeal No. 1558 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| 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 | 1560 - BROUSSARD | By order dated 17 February 1966, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's
seaman's documents for 12 months outright upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as an able bodied seaman on board the United States SS
MORMACGULF under authority of the document above described, or
about 29 August 1964, Appellant wrongfully sailed for a foreign
port without registering as a person who had been convicted of a
violation of the narcotic drug laws of the State of Texas; that on
or about 26 October 1965 Appellant wrongfully entered the United
States at Jacksonville, Florida, from Brazil without registering as
a person who had been convicted of a violation of the narcotic drug
laws of the State of Texas; that on 24 August 1964, while entitled
to hold Merchant Mariner's Document Z-364980 "R" Appellant
fraudently did apply for a duplicate merchant mariner's document in
that he did falsely deny that he had been convicted of a violation
of a narcotic drug law of the United States; and that on 17 September 1965, while entitled to hold Merchant Mariner's Document
Z-364980 "R", Appellant fraudulently did apply for a duplicate
merchant mariner's document in that he did falsely deny that he had
been convicted of a violation of a narcotic drug law of the United
States. | Appeal No. 1560 | Suspension and Revocation Appeals Authority | 6/3/1966 | 6/3/1966 | | 3/1/2018 |
| 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 | 1562 - FAULKNER | By order dated 18 February 1966, 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
eighteen months' probation 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 IBERVILLE
under authority of the document and license above described,
Appellant
1. wrongfully failed to perform assigned duties on 25 and 26
December 1965, at Qui Nhon, Vietnam;
2. wrongfully failed to perform assigned duties on 28
January 1966, at Kunsan, Korea; and
3. on 25 December 1965, wrongfully threatened another
officer of the vessel, a third assistant engineer. | Appeal No. 1562 | Suspension and Revocation Appeals Authority | 6/13/1966 | 6/13/1966 | | 3/1/2018 |
| 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 | 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 | 1565 - JEREMIC | By order dated 8 November 1965, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months outright finding him guilty of
negligence.The specifications found proved allege that while
serving as master on board the United States SS MANHATTAN under
authority of the license above described, on or about 16, 18, and
19 April 1964, Appellant allowed his vessel to be navigated with
draft "exceeding the maximum safe loading draft indicated by the
latest verbal and charted notices of the U. S. Army Corps of
Engineers," thereby contributing to grounding 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 charts and
other documents, and the testimony of five witnesses. | Appeal No. 1565 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1566 - WHITE | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Seattle, Washington, ordered Appellant's
seaman documents revoked upon finding him guilty of the charge
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holder of the document above
described, on or about 11 January 1962, Appellant was convicted in
the United States District Court for the district of Oregon of
violation of narcotic drug laws of the United States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the judgement and commitment in the District Court
proceedings.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1566 | Suspension and Revocation Appeals Authority | | | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1567 - CASTRO | By order dated 31 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for six 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 SANTA LUISA under authority of the document above
described, on or about 22 September 1965, Appellant wrongfully had
intoxicating liquor (nine bottles) in his possession at sea.
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 three witnesses and introduced six documents. | Appeal No. 1567 | Suspension and Revocation Appeals Authority | 7/1/1966 | 7/1/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1569 - BUNN | Pursuant to the order of the court, U. S. District Court for
the Southern District of New York, 20 August 1968, the Order in the
captioned case is RESCINDED. The finding and order of the
Examiner, dated at New York, N. Y., on 9 December 1965, are
VACATED, and the charges are DISMISSED. | Appeal No. 1569 | Suspension and Revocation Appeals Authority | 7/12/1966 | 7/12/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1570 - CANNELL & SINDA | By orders dated 27 May 1965, an Examiner of the United States
Coast Guard at Philadelphia, Pennsylvania, suspended Appellant
Cannell's license for two months on six months' probation, and
entered an admonition against Appellant Sinda upon finding them
guilty of negligence and inattention to duty respectively. The
specifications found proved against Appellant Cannell allege that
while serving as pilot on board the United States SS TEXACO
WISCONSIN under authority of the license above described, on or
about 7 August 1964, Appellant negligently failed to sound a danger
signal when his first two blast signal was not responded to by the
approaching SS STEEL MAKER, thereby contributing to a collision
with that vessel, and maneuvered the vessel for a port to port
passing in a situation which dictated a starboard to starboard passing. | Appeal No. 1570 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 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 | 1572 - BENGERT | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's seaman's
documents for 2 months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board the United States SS DEL MUNDO under authority of the
document above described, Appellant, on nine different dates
between 9 March and 29 March 1961, sometimes at sea and sometimes
in port, wrongfully failed to perform his duties. On three of
these dates, one time at sea, it is alleged that the failure was
due to intoxication.
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. | Appeal No. 1572 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1573 - ARBOLEDA | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, revoke Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Chef's
Utility board the United States SS MARIPOSA under authority of the
document above described, on or about 26 April 1965, Appellant
assaulted and battered with a dangerous weapon on John Scribner, a
crewmember, and assaulted and battered with his hands on James
Potts, a passenger, and one Loraine Alaimo, another crewmember, in
the port of Papeete, Tahiti.
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 Official Log Book of MARIPOSA and the testimony of Scribner and Alaimo.
In defense, Appellant offered in evidence the testimony of
another crewmember and a copy of a sworn statement he had made to
a U. S. consul. | Appeal No. 1573 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1574 - STEPKINS | By order dated 28 March 1966, an Examiner of the United States
Coast Guard at San Diego, California, suspended Appellant's
seaman's documents for three months on six months' probation upon
finding him guilty of violation of a statute. The specification
found proved alleges that while serving as master on board the
United States MV AMERICAN BOY under authority of the documents
above described, on or about 19 January 1966, Appellant wrongfully
sailed from San Diego, California, on a fishing voyage without a
licensed mate aboard the vessel as required by Title 46 U. S. Code
224a.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer entered in evidence stipulations
made with Appellant and his counsel as to facts in the voyage of AMERICAN BOY.
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 specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
three months' probation. | Appeal No. 1574 | Suspension and Revocation Appeals Authority | 7/20/1966 | 7/20/1966 | | 3/1/2018 |
| 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 | 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 | 1568 - GALLEGOS | By order dated 22 September 1965 an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seaman
documents for 12 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Able Seaman on board the United States SS DEL VALLE
under authority of the document above described, during the period
from 1 July 1965 to 9 September 1965, Appellant wrongfully absented
himself from his duties on or about 21 July 1965 and on or about 11
August 1965, while the vessel was in a foreign port; that on or
about 22 july 1965 while the vessel was in a foreign port Appellant
wrongfully failed to perform his duties by reason of intoxication;
that on or about 8 august 1965, while the vessel was underway in a
foreign harbor, Appellant wrongfully failed to perform duty as a
watchstander on wheel and lookout watches.
At the hearing, Appellant did not appear and was not
represented by counsel. A plea of not guilty to the charge and each specification was entered.
The Investigating Officer introduced in evidence certified
copies of log entries as to each offense charged.
No evidence was offered on behalf of the Appellant. | Appeal No. 1568 | Suspension and Revocation Appeals Authority | 7/7/1966 | 7/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 2718 LEWIS | On April 11, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard revoked Merchant Mariner Credential of Respondent, Mr. Kevin Gerod Lewis,
upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The ALJ' s bench decision was followed by the issuance of a Decision and Order
(hereinafter "D&O") dated April 14, 2016.
The Coast Guard Complaint alleged that Respondent submitted to a non-DOT drug test
on June 26, 2015, and that the specimen he provided subsequently tested positive for the
presence of cocaine metabolites.
Respondent appeals. | Appeal No. 2718 | Suspension and Revocation Appeals Authority | 4/6/2018 | 4/6/2018 | | 4/16/2018 |
| 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 | 2719 - VOELCKERS | By a Decision and Order (D&O) dated August 29,2016, an Administrative Law Judge (ALJ) of the United States Coast Guard suspended the Merchant Mariner Credential (MMC) of Mr. Neil Alan Voelckers, Respondent, for thirty days upon finding proved à single allegation of misconduct. The allegation found proved alleges that on multiple occasions from May 2013 to September 2015, while holding an MMC endorsed for service as a Master of Steam, Motor or Auxiliary Sail Vessels of not more than I00 gross registered tons, Respondent served as Master of the 198-gross-ton SEA RANGER, including when the SEA RANGER was moored in the Bay of Pillars carrying passengers for hire, in violation of 46 C.F.R. $ i 5.905(b). | Appeal No. 2719 | Suspension and Revocation Appeals Authority | 8/13/2018 | 8/13/2018 | | 11/7/2018 |
| Suspension and Revocation Appeals Authority | 2721 TOWNSEND | On May 21,2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Dismissal rü/ith Prejudice, Order Denying Motion for Continuance, Order Disapproving Settlement Agreement (ALJ Orders), finding that the Coast Guard lacked jurisdiction to maintain its suspension and revocation action against the Merchant Mariner Credential (MMC) of Respondent James Townsend after the National Maritime Center denied
his request to renew his MMC, imposing a one-year assessment period from the date of Respondent's conviction for battery, and following the subsequent expiration of Respondent's
MMC.
The Coast Guard appeals.
I will grant the appeal because the ALJ erred in finding a lack ofjurisdiction.
BACKGROUND
Respondent was the holder of an MMC issued to him by the United States Coast Guard,
which had been renewed on April 18,2012. [ALJ Orders at 4r] Typically, an MMC is issued for
five years, and Respondent's MMC would have been expired on April 19,2017. [Tr. at l0-11]
In this case, Respondent's MMC expired on September 30,2017, because of a nation-wide
automatic extension applicable to all credentials expiring after December 1,2016. lld. at l0; Tr.
at l9; Coast Guard Complaint | Appeal No. 2721 | Suspension and Revocation Appeals Authority | 12/27/2018 | 12/27/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2720 ARGAST | On July 7,2016, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard issued a Decision and Order (hereinafter "D&O") finding proved the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent, Mr. Daniel James Argast, and ordering the revocation of his Merchant Mariner Credential. The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically alleging that Respondent submitted to a drug test, and that the specimen he provided
tested positive for the presence of cocaine metabolites.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant
Mariner Credential issued to him by the United States Coast Guard. [D&O at 6]
Respondent has been employed as a "Civilian Mariner" employee of Military Sealift
Command (hereinafter "MSC"), an agency of the United States Navy, since August3,20l2.
lD&O at 6] MSC has a Memorandum of Agreement with the United States Coast Guard
whereby the Coast Guard recognizes that Civilian Mariners are subject to the Navy's Drug Free
V/orþlace Program. [Id.] The chemical drug testing procedures used by MSC differ from the
requirements of 46 C.F.R. Part 16 and the procedures set forth at 49 C.F.R.Part 40, which apply
to civilian merchant mariners in general. [1d.] Under the Memorandum of Agreement, MSC is
authorized to use alternative testing procedures. lld.l Consistent with this agreement, MSC
conducts its drug testing program under the technical guidelines for drug testing provided by the
Department of Health and Human Services (hereinafter "HHS"). [1d.] | Appeal No. 2720 | Suspension and Revocation Appeals Authority | 11/5/2018 | 11/5/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2722 - BADUA | FACTS & PROCEDURAL HISTORY
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by
the United States Coast Guard. On February 27,2018, Respondent took a required preemployment
drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent
tested positive for hydromorphone. Respondent maintains that the positive result was the result
of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018.
On April 30, 2018, the Coast Guard and Respondent entered into a Settlement Agreement, and
on May 7 , the Coast Guard filed a motion for approval of that agreement. On May 8, 2018, a
Coast Guard ALJ issued a Consent Order approving the terms of the Settlement Agreement. | Appeal No. 2722 | Suspension and Revocation Appeals Authority | 10/21/2019 | 10/21/2019 | | 11/5/2019 |
| Suspension and Revocation Appeals Authority | 2723 - BOUDREAUX | The Coast Guard Complaint charged Respondent with one allegation of misconduct. The complaint alleged that Respondent committed misconduct by violating the drug and alcohol policy of his maritime employer, in refusing to submit to company-mandated random alcohol testing on April 9, 2016. The D&O added, by amendment to conform to proof, violation of a Master's lawful order as an additional element of the charged misconduct, and found the charge proved, as to violation of both a company policy and a Master's order. The ordered sanction was a sixty-day suspension of Respondent's credential.
Respondent appeals.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard and was employed as an able seaman by OSG Ship Management (OSG), aboard the MN OVERSEAS LONG BEACH. [D&O at 3.] Respondent's service on the OVERSEAS LONG BEACH was under the authority of his credential. | Appeal No. 2723 | Organization: Suspension and Revocation Appeals Authority | 12/30/2019 | 12/30/2019 | | 2/18/2020 |
| Suspension and Revocation Appeals Authority | 2724 - EDENSTROM | The Coast Guard complaint charged Respondent with two allegations of misconduct. First, the complaint alleged that Respondent failed to disclose a number of medical conditions on the Form CG-719K he submitted to the Coast Guard, in support of an application for renewal of his credential. Second, the complaint alleged that Respondent committed misconduct by failing to appear for a mandated random drug test on October 8, 2015.
Respondent appeals.
FACTS
On April 2I,2015, Respondent submitted Form CG-719K, Merchant Mariner Medical Evaluation Report, dated March 27,2015, to the National Maritime Center (NMC), in support of his application for renewal of his merchant mariner credential. [CG Exs. 6 &,7; D&O at 3.] Section I of the Form CG-719K requires the applicant mariner to attest, subject to prosecution under 18 U.S.C. $ 1001, that the information provided is truthful and complete, without knowing omission. Respondent signed, and so attested. [CG Ex. 7 at3.]
Section IV of the Form CG-719K, Certification of Medical Conditions, lists 88 medical conditions. As the form states at the top of Section IV, it "must be completed by applicant, and
reviewed by verifying medical practitioner." The instructions to that section provide, "Applicants must report their relevant medical conditions to the best of their knowledge, and the verifying medical practitioner must verify the medical conditions, using the table below." Respondent's March 2015 Form CG-719K indicates that Respondent did not report any diagnosis or treatment of any of the 88 listed medical conditions. ICG Ex. 7 at 5; D&O at 3.]
The NMC issued Respondent's renewed credential, which is the credential at issue in this proceeding, on May 8,2015. [CG Ex. l; D&O at 3.] | Appeal No. 2724 | Suspension and Revocation Appeals Authority | 2/18/2020 | 2/18/2020 | | 4/30/2020 |
| Suspension and Revocation Appeals Authority | 2725 - JORY | On December 5, 2008, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision and Order (D&O) revoking the Merchant Mariner credentials of Respondent Jack Anthony Jory upon finding that Respondent posed a security risk and a threat to the safety of a marine vessel, a basis for suspension or revocation of a credential under 46 U.S.C. $ 7703(5). The factual allegation supporting the Coast Guard's Complaint alleged that on November 3,2008, Respondent threatened the life of the Master of the MA/ SEA FOX (O.N 551454).
Respondent appealed the D&O. Respondent's appeal was rejected and the D&O was affirmed via Commandant Decision on Appeal dated December 22,2010 (Appeal Decision 2691 (JORY), 2010 WL s79033s).
On June 30,2015, Respondent mailed a "Petition to Reopen," which was received at the Docketing Center on July 9,2015. On July 16,2015, the ALJ issued an Order Denying Respondent's Motion to Reopen. On July 28,2015, Respondent filed a Motion to Reconsider. The ALJ denied this request via an Order dated July 31,2015. Respondent now appeals the denial of his petition to reopen. In brief, Respondent, while serving aboard M/V SEA FOX on November 3, 2008, told the Master of M/V SEA FOX, "I will kill you." In events leading up to the statement, Respondent lunged at the Master while trying to grab a paper out of the Master's hand and struck the Master's hand, knocking a pen to the floor. In his findings, the ALJ characterized that action as an assault. On appeal, Respondent contended that no assault occurred, and also that it was improper to find an assault since he was not charged with assault. The appeal decision rejected both contentions. Respondent also contended that the ALJ erred in failing to grant a subpoena at issue on appeal had been made more than
a month after the record was closed and the D&O was issued. Accordingly, the contention concerning the subpoena, too, was rejected. | Appeal No. 2725 | Suspension and Revocation Appeals Authority | 3/8/2020 | 3/8/2020 | | 4/30/2020 |
| Suspension and Revocation Appeals Authority | 2727 - BOUDREAUX II | On October 18, 2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued findings and conclusions from the bench, finding the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent Robert Ryan Boudreaux proved, and ordering the suspension of Respondent's credential for 90 days, with a further suspension of six months suspended on nine months probation.
That Coast Guard Complaint alleged misconduct in that Respondent served aboard a vessel under the authority of his credential from October 25 to November 13 , 2017, in violation
of an ALJ order suspending that credential.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued by the United States Coast Guard (MMC).
On October 18,2016, the Coast Guard filed a Complaint against Respondent's MMC alleging that Respondent had committed an act of misconduct by failing to comply with his marine employer's drug and alcohol policy. See Appeal Decision 2723 (BOUDREAUX Ð (2019) at 3, 2019 WL 8137712 at 2. That Complaint was assigned Coast Guard ALJ docket number 2016-0332.
The hearing in that matter was convened by ALJ Bruce T. Smith on July 11,2017. At the conclusion of the hearing, the ALJ retuned Respondent's MMC to his possession, with the understanding that this allowed Respondent to continue working under the authority of his credential, pending decision in his case. [Respondent Ex. 3 (CG-ALJ 2016-0332Tr. Vol. II at 226-28).1 | Appeal No. 2727 | Suspension and Revocation Appeals Authority | 4/28/2020 | 4/28/2020 | | 5/20/2020 |