| Suspension and Revocation Appeals Authority | 2682 - REEVES | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA : DECISION OF THE
:
UNITED STATES COAST GUARD : COMMANDANT
:
vs. : ON APPEAL
:
MERCHANT MARINER DOCUMENT : NO. 2682
:
:
:
Issued to: ARLAN T. REEVES :
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By an “Order Granting Coast Guard’s Motion for Default and Order of
Revocation” (hereinafter “Default Order”) dated April 5, 2007, Coast Guard
Administrative Law Judge (hereinafter “ALJ”) Anthony B. Canorro, revoked the
Merchant Mariner Document (hereinafter “MMD”) of Mr. Arlan T. Reeves (hereinafter
“Respondent”) upon a finding of default in a proceeding that alleged use of or addiction
to the use of dangerous drugs. The Complaint from which the Default Order resulted
alleged that on October 19, 2006, Respondent submitted to a post accident drug test and
provided a urine sample that tested positive for the presence of cocaine metabolites. | Appeal No. 2682 | Suspension and Revocation Appeals Authority | 5/8/2008 | 5/8/2008 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2683 - DESIMONE | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
VS.
MERCHANT MARINER LICENSE
Issued to: MICHAEL G. DESIMONE
DECISION OF THE
VICE COMMANDANT
ON APPEAL
N026S3
This appeal is taken in accordance with 46 U.S.c. § 7701 el seq., 46 C.F.R. Part 5,
and 33 C.F.R. Part 20.
By a Decision and Order dated July 8, 2005 (hereinafter "D&O"), Judge Walter J.
Brodzinski, an Administrative Law Judge (hereinafter "All") of the United States Coast
Guard at New York, New York, revoked the merchant mariner license of Mr. Michael G.
DeSimone (hereinafter "Respondent") upon finding proved a charge of misconduct. The
specification alleged that Respondent was convicted of violating a dangerous drug law of
the State ofNew York within 10 years of the initiation of the Coast Guard suspension and
revocation proceedings. | Appeal No. 2683 | Suspension and Revocation Appeals Authority | 11/6/2009 | 11/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2684 - SCARBOUGH | UNITED STATES OF AMERICA
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
vs.
DECISION OF THE
VICE COMMANDANT
ON APPEAL
MERCHANT MARINER LICENSE
Issued to: JAMES C. SCARBOUGH
NO.
1
2.684
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5,
and the procedures set forth in 33 C.F.R. Part 20.
By an Order Approving Settlement Agreement and Denying Respondent's
Request to Set Aside Settlement Agreement dated October 25, 2007, an Administrative
Law Judge (hereinafter "ALl") of the United States Coast Guard approved a Settlement
Agreement between the Respondent and the Coast Guard in which Respondent's
Merchant Mariner License was suspended for one month following his admission of all
jurisdictional and factual allegations in the Complaint alleging violation of law or
regulation. Respondent subsequently perfected an appeal of the Settlement Agreement
on December 21, 2007, claiming he was coerced to enter into the Settlement Agreement.
I have learned that subsequent to the filing of his appeal, based on information from
Coast Guard Sector Guam and Respondent's counsel of record, that Respondent is deceased. | Appeal No. 2684 | Suspension and Revocation Appeals Authority | 12/6/2009 | 12/6/2009 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2691 - JORY | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5
and the procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O) dated December 5, 2008, Judge
Bruce T. Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard at Mobile, Alabama, revoked the Merchant Mariner Credentials of Mr. Jack
Anthony Jory (hereinafter "Respondent") upon finding that the Coast Guard proved, by
substantial evidence, that Respondent was a security risk that posed a threat to the safety
or security of a vessel. The factual allegations supporting the Coast Guard's charge
allege that "[o]n November 3, 2008, the Respondent did threaten the life of Jeff
Cunningham, Master of the MN SEA FOX .. .in violation of 46 USCA 7703(5)."
FACTS AND PROCEDURE
At all times relevant herein, Respondent was the holder of the Coast Guard issued
Merchant Mariner Credentials at issue here. [D&O at 3; Coast Guard Exhibit 1] | Appeal No. 2691 | Suspension and Revocation Appeals Authority | 12/22/2010 | 12/22/2010 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2692 - CHRISTIAN | By a Decision and Order (hereinafter "D&O") dated November 13, 2009, Bruce T.
Smith, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at
New Orleans, Louisiana, granted a Motion to Dismiss filed by Mr. Aaron Christian (hereinafter
"Respondent") upon finding that the Coast Guard had failed to prove the misconduct charge
alleged in the Coast Guard's Amended Complaint.
FACTUAL AND PROCEDURAL HISTORY
Respondent was employed by Higman Marine Services and holds a merchant mariner's
license and a merchant mariner's document issued by the U.S. Coast Guard. [D&O at 2]
According to the Coast Guard's Complaint, on November 14, 2008, Respondent took and failed
an alcohol test, providing a breath sample that indicated a blood alcohol content in excess both of
federal limits and those permitted by his employer. [Id.l
The Coast Guard filed its original Complaint against Respondent's Coast Guard-issued
mariner credentials on May 6, 2009, alleging that Respondent committed misconduct and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol Test standards. [D&O at 2} On August 5, 2009,
the Coast Guard amended its Complaint to remove the "violation of law or regulation"
allegation. [Id.} The Coast Guard did not remove the allegation of misconduct1
, and it
remained a pending charge at all stages of the proceeding. [Id.} The misconduct allegation
alleged that Respondent violated a company policy which prohibits employees from reporting to
work under the influence of alcohol. | Appeal No. 2692 | Suspension and Revocation Appeals Authority | 2/28/2011 | 2/28/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2693 - CONTRERAS | By a Decision and Order (hereinafter "D&O") dated March 17,2009, Walter
Brudzinski, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at San Diego, CA, revoked the Merchant Mariner Document of Mr. Rocky Mel
Contreras (hereinafter "Respondent") upon finding proved five counts of misconduct.
The misconduct charges were that: Respondent refused to stand his lookout watch in the
manner ordered by the Chief Mate on the MN LIBERTY EAGLE; that Respondent, on
three separate occasions, failed to obey the orders of the Master of the MN LIBERTY
EAGLE to report for master's logging and dismissal procedures; and, that Respondent
failed to reveal a 2003 conviction for vandalism on an April 2005 official Coast Guard
application (Form CG-7l9B). Through the same D&O, Judge Brudzinski found one
additional count of misconduct not proved and dismissed, without prejudice, two counts alleging violation a/law or regulation. At all times during the proceeding Respondent
appeared pro se and appeals pro se. | Appeal No. 2693 | Suspension and Revocation Appeals Authority | 4/4/2011 | 4/4/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2694 - LANGLEY | By a Decision and Order (hereinafter "D&O") delivered from the bench on
February 26, 2010, and memorialized via written D&O dated March 2, 2010 (hereinafter
"D&O II"), Administrative Law Judge (hereinafter "ALJ") Michael J. Devine of the
United States Coast Guard at Norfolk, Virginia, revoked the Merchant Mariner
Document of Mr. Harold Langley (hereinafter "Respondent") upon finding proved one
charge of misconduct. The misconduct charge found proved alleged that, while serving
as a crew member aboard the USNS REGULUS, Respondent submitted a substituted
urine sample during a random drug test conducted on June 29, 2009.
FACTS & PROCEDURAL HISTORY
At all times relevant herein, Respondent was the holder of a Coast Guard-issued
Merchant Mariner Document. [D&O II at 3] On June 29, 2009, Respondent was
employed by Maersk Line as a crew member aboard the USNS REGULUS and was
working under the authority of his Coast Guard-issued Merchant Mariner Document. | Appeal No. 2694 | Suspension and Revocation Appeals Authority | 5/25/2011 | 5/25/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2695 - AILSWORTH | This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part
5, and the procedures set forth in 33 C.F.R. Part 20.
By a decision and order (hereinafter "D&O") dated August 31, 2009, Michael J.
Devine, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast
Guard, at Norfolk, Virginia, revoked the merchant mariner license of Mr. William Dea
Ailsworth (hereinafter "Respondent"), upon finding proved one charge of negligence and
two charges of violation of law or regulation. The first specification found proved
alleged that on January 11 , 2009, Respondent, the master of a towing vessel, grounded a
listing barge, the SL-119, and then caused it to sink on January 12, 2009, by negligently
removing it from its beached position on the shore before remedying the cause of the list.
The second specification found proved alleged that Respondent violated 46 C.F.R.
§ 4.05-10 by failing to submit a marine casualty report to the Coast Guard within five
days of the sinking. The third specification found proved alleged that Respondent
violated 46 C.F.R. § 4.05-1 by failing to notify the Coast Guard immediately of an occurrence materially affecting a vessel's seaworthiness when he failed to immediately
notify the Coast Guard of the list that caused him to ground the SL-119. The ALJ
dismissed a fourth specification alleging that Respondent wrongfully failed to comply
with a subpoena to appear.
APPEARANCES: Michael L. Donner, Sr., Esq., Hubbard, Terry & Britt, P.C. 293
Steamboat Road, Irvington, VA, 22480, for Respondent. The Coast Guard was
represented by LT Candice Casavant, LT Aidan Van Cleef, and LT Maria Wiener, U.S.
Coast Guard Sector Hampton Roads, 200 Granby Street, Suite 700, Norfolk VA, 23518. | Appeal No. 2695 | Suspension and Revocation Appeals Authority | 6/14/2011 | 6/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2696 - CORSE | This appeal is taken in accordance with 46 U.S.c. § 7701 et seq., 46 C.F.R.
Part 5, and the procedures in 33 C.F.R. Part 20.
By a Default Order dated October 15,2010, Bruce T. Smith, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard, revoked the Merchant
Mariner License of Mr. Brandon Scott Corse (hereinafter "Respondent") upon a finding
of default in a proceeding that alleged, as the basis for revocation, use of or addiction to
the use of dangerous drugs. The Complaint alleged that on January 23,2010,
Respondent submitted to a reasonable suspicion drug test and provided a urine sample
that tested positive for the presence of marijuana metabolites. | Appeal No. 2696 | Suspension and Revocation Appeals Authority | 7/18/2011 | 7/18/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2697 - GREEN | This appeal is taken in accordance with 46 U.S.C. § 7703,46 C.F.R. Part 5, and the
procedures set forth in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 4,2011, Bruce T. Smith, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard at Paducah,
Kentucky, ordered the revocation of the Merchant Mariner License of Mr. Randy Joe Green
(hereinafter "Respondent") upon finding proved one charge of use of or addiction to the use of
dangerous drugs.
The specification found proved alleged that Respondent submitted to a random drug test
on July 15,2010, and that the specimen that he provided subsequently tested positive for the
presence of marijuana metabolites. | Appeal No. 2697 | Suspension and Revocation Appeals Authority | 11/14/2011 | 11/14/2011 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2698 - HOCKING | By a Decision and Order (hereinafter “D&O”) dated January 4, 2011, Michael J. Devine,
an Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard, ordered the
revocation of the Merchant Mariner License of Mr. James Bruce Hocking (hereinafter
“Respondent”) upon finding proved one charge of incompetence.
The specification found proved alleged that, after Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on
December 4, 2008, the National Maritime Center (hereinafter “NMC”), on April 2, 2009,
informed Respondent that he was not medically fit for merchant mariner duties due to a heart
condition and the placement of an Implantable Cardioverter Defibrillator (hereinafter “ICD”).
Thereafter, on multiple occasions between May 18, 2009, and May 31, 2009, Respondent served
as Master of the M/V NANTUCKET, a Coast Guard-inspected passenger ferry, upon the waters
of Nantucket Sound. The specification alleges that by so operating the vessel while not
medically fit to do so, Respondent committed an act of incompetence. | Appeal No. 2698 | Suspension and Revocation Appeals Authority | 4/25/2012 | 4/25/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2700 -THOMAS | By a Decision and Order (hereinafter "D&O") dated June 2, 2011, Walter J. Brudzinski,
an Administrative Law Judge (hereinafter "ALJ'') of the United States Coast Guard, revoked the
Merchant Mariner credential of Mr. Corinthis Emile Thomas (hereinafter "Respondent") upon a
finding of default in a proceeding that alleged, as the basis for revocation, two counts of
incompetence and one count of misconduct.
PROCEDURAL HISTORY
NO. ·27 0 0
i
This case progressed as follows:
• January 28, 2011-Coast Guard files Complaint against Respondent's Merchant
Mariner credential alleging two counts of incompetence and one count of
misconduct.
• February 17, 2011-Complaint received at Respondent's address ofrecord and
signed for by Respondent.
• February 18, 2011-Respondent files his answer in the matter wherein he denies
all jurisdictional and factual allegations and agrees with the proposed hearing
dates of April 19, 20, or 21 , 2011, and the proposed hearing location at the
Alexander Hamilton Customs House in New York, New York.
• March 28, 2011-ALJ issues Scheduling Order in the case setting the hearing of
April 20, 2011, at the Alexander Hamilton Customs House in New York, New
York.
• April 13, 2011-Coast Guard files a Motion for a Pre-Hearing Conference to be
conducted via telephone.
• April 14, 2011-ALJ issues Scheduling Order- Pre-Hearing Conference
granting the Coast Guard's Motion for a Pre Hearing Conference and setting a
teleconference for April 18, 2011 at 3 :00 p.m. EST.
• April 18, 2011-Pre-Hearing Conference held, Respondent does not attend;
Coast Guard moves orally for default due to Respondent's failure to appear. ALJ
takes motion under advisement, providing Respondent the opportunity to appear
at the hearing. [Memorandum and Order of Pre-Hearing Teleconference at 1)
• April 20, 2011-Hearing held; Respondent does not attend and Coast Guard
again moves orally for a default in the matter. [Order to Show Cause at 1-2] | Appeal No. 2700 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 11/27/2017 |
| Suspension and Revocation Appeals Authority | 2708 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 20 ~ 3, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleges that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F .R. § 40.191 (b ), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted specimen. | Appeal No. 2708 | Suspension and Revocation Appeals Authority | 5/18/2015 | 5/18/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2709 - COFFY | APPEARANCES
For the Government:
LT Gregory J. Knoll, USCG
LT Jessica L. Bohn, USCG
LT Eric L. Sumpter, USCG
Coast Guard Sector Hampton Roads
Respondent:
Mr. William Tee Coffy, pro se
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated January 7, 2013, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. William Tee Coffy (hereinafter "Respondent") upon finding proved one
specification of use of or addiction to the use of dangerous drugs.
The specification found proved alleges that Respondent submitted to a random drug test on
May 3, 2012, and that the specimen that he provided subsequently tested positive for the presence
of cocaine metabolites. | Appeal No. 2709 | Suspension and Revocation Appeals Authority | 6/3/2015 | 6/3/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2710 - HOPPER | APPEARANCES
For the Government:
Gary F. Ball, Esq.
LT Takila S. Powell, USCG
For Respondent:
William B. Hidalgo, Esq.
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated September 10, 2014, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed with
prejudice the Coast Guard’s Complaint seeking revocation of the Merchant Mariner Credential
of Mr. Nelson Greg Hopper (hereinafter “Respondent”). The Complaint charged Respondent
with use of, or addiction to the use of, dangerous drugs. The Complaint alleged that Respondent
participated in a random drug test and his samples tested positive for cocaine metabolites. The
ALJ found that the Coast Guard had failed to establish a prima facie case because it did not
prove that Respondent had been ordered to test in accordance with 46 C.F.R. Part 16. Although the record shows that the service agent for Respondent’s employer used a computer-based
random number generator to produce a list of vessels for drug testing, which included the vessel
in which Respondent served, the ALJ found that the Coast Guard had failed to prove that the
selection was random because it did not establish that the selection was made by a scientifically
valid method. | Appeal No. 2710 | Suspension and Revocation Appeals Authority | 10/13/2015 | 10/13/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2711 - TROSCLAIR | APPEARANCES
For the Government:
Bruce L. Davies, Esq.
CWO James R. Mints, USCG
Coast Guard Marine Safety Unit Port Arthur
For the Respondent:
Christopher H. Riviere, Esq.
William N. Abel, Esq.
Law Office of Christopher H. Riviere
Administrative Law Judge: Bruce Tucker Smith
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated April 23, 2014, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Byron Anthony Trosclair (hereinafter "Respondent") upon finding proved two
specifications of negligence and one specification of misconduct.
The first negligence specification alleges that Respondent, while acting under the authority of his Coast Guard-issued license as Master of the STARFLEET PATRIOT, was negligent in that
he failed to ensure that the STARFLEET PA TRI OT was positioned close enough to the platform
that was the destination of his passengers to ensure the safe swing rope transfers of the passengers,
and intentionally made the swing rope transfers more difficult than necessary in order to provide
"training" for the passengers that were transferring from the ST ARFLEET PATRIOT to the
platform.
The second negligence specification alleges that Respondent, while in the same capacity,
was negligent in that he failed to have the vessel's rescue ladder/platform in a ready position
during passenger transfers from the ST ARFLEET PA TRI OT to the work platform, and failed to
provide any rescue assistance to a passenger who had fallen overboard while attempting to swing
from the vessel to the platform.
The misconduct specification alleges that Respondent, while in the same capacity, violated
46 U.S.C. § 2303 by wrongfully failing to render assistance to an overboard passenger after a
marine casualty. | Appeal No. 2711 | Suspension and Revocation Appeals Authority | 12/1/2015 | 12/1/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2712 - MORRIS | APPEARANCES
For the Government:
LCDR Maureen D. Johnson, USCG
Mr. John J. Hulslander
Coast Guard Sector Buffalo
For Respondent:
Mrs. Ana Magdalena Morris, as Representative
Administrative Law Judge: Michael J. Devine
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated March 7, 2013, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard dismissed the Complaint against the Merchant Mariner Document of Mr. Kwame Rey Morris (hereinafter "Respondent"). The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically
alleging that Respondent submitted to a random drug test, and that the specimen he provided tested positive for the presence of cocaine metabolites. Upon determining that the Coast Guard failed to provide substantial evidence that Respondent's positive drug test met all the elements of a prima facie case, the ALJ found the
charge not proved and dismissed the complaint with prejudice. | Appeal No. 2712 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2713 - SCOTO | APPEARANCES
For the Government:
Mr. Gary F. Ball, Esq.
Mr. James P. Fink
Suspension and Revocation National Center of Expertise
For Respondent:
Mr. Terrence S. Cox, Esq.
Courtney M. Crawford, Esq.
Cox, Wooten, Griffen, Hanson & Poulos, LLP
Administrative Law Judge: Parlen L. McKenna
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and 33
C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated November 7, 2011, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard ordered the suspension of
Respondent's Coast Guard-issued Merchant Mariner License for one month upon finding proved
one allegation of misconduct. The Coast Guard properly appealed. I have learned that Respondent
passed away following the filing of the Coast Guard's appeal.
Past Commandant's Decisions on Appeal have held that when a Respondent dies during
the pendency of his appeal, the ALJ's order should be vacated and the Coast Guard's Complaint
against his mariner credential should be dismissed. Appeal Decision 2684 (SCARBOUGH)
(2009);Appeal Decision 2134 (JOHNSON) (1978) (citing Melrose Distillers, Inc. v. United States,
359 U.S. 271, 272 (1959)). This result mirrors the custom in Federal practice to abate the
proceeding ab initio when the defendant dies. "The only fair and reasonable disposition [of the
pending litigation when a Respondent dies] is to wipe the slate clean" by dismissing the matter.
JOHNSON at 3.
This case is distinguishable from the two precedents cited in that the Government rather
than the Respondent has lodged the appeal. The result should, nonetheless, remain the same. See
DiOrio v. Nicholson, 216 Fed.Appx. 974 (2007) (when the Government appealed a veteran's
benefit decision and the veteran died during the pendency of that appeal, the decision was
vacated). | Appeal No. 2713 | Suspension and Revocation Appeals Authority | 1/5/2016 | 1/5/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2714 - EAJA DAVIS | APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
APPEARANCES
For the Government:
Mr. Brian C. Crockett, Esq.
Suspension and Revocation National Center of Expertise
For Applicant:
Mr. Brian McEwing, Esq.
Reeves McEwing, LLP
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 5 U.S.C. § 504 and 49 C.F.R. Part 6.
By order dated June 5, 2014, an Administrative Law Judge (ALJ") of the United States
Coast Guard denied the application for attorney's fees and expenses of Clint Walker Davis, Jr.
("Applicant"), incurred as a result of defending himself at a Suspension and Revocationproceeding ("S&R proceeding") against a charge of use of or addiction to the use of dangerous
drugs brought by the Coast Guard against his merchant mariner credential.
In its Complaint, the Coast Guard alleged that Applicant, an active-duty Coast Guard
member, also the holder of a Coast Guard-issued merchant mariner credential, submitted to a
Coast Guard-mandated random drug test on January 11, 2012. The urine sample allegedly
provided by Applicant subsequently tested positive for the presence of cocaine metabolites. | Appeal No. 2714 | Suspension and Revocation Appeals Authority | 2/26/2016 | 2/26/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2715 - SOLOMON | APPEARANCES
For the Government:
CWO Dan Sammons, USCG
LT John D. Nee, USCG
Senior Investigating Officer Mark Gibbs
For Respondent:
Graham W. Syfert, Esq.
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated May 15, 2013, an Administrative Law
Judge of the United States Coast Guard (hereinafter "ALJ") suspended the Merchant Mariner
Document of Ms. Simone Joyce Solomon (hereinafter "Respondent") for fourteen months upon
finding proved one charge of misconduct. The specification found proved alleged that on July 2,
2012, Respondent, while serving as a crewmember aboard the vessel ALLIANCE
CHARLESTON, refused a chemical test, in violation of 49 C.F.R. § 40.191(b), by submitting what
according to 49 C.F.R. § 40.93(b) was a substituted urine specimen.
Respondent subsequently appealed the D&O to the Commandant, United States Coast
Guard, who affirmed the D&O. Respondent then appealed to the National Transportation Safety
Board (NTSB). In Zukunft v. Solomon, NTSB Order No. EM-213 (March 24, 2016), the NTSB
remanded the matter for further examination of salient issues.
The parties now advise that they have reached a tentative settlement agreement, and
request that the matter be remanded to the ALJ to allow the agreement to be effected. | Appeal No. 2715 | Suspension and Revocation Appeals Authority | 10/3/2016 | 10/3/2016 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2716 - CHESBROUGH temp, license | APPEARANCES
For the Government:
LCDR Benjamin M. Robinson
Coast Guard Sector Columbia River
Respondent:
Mr. Richard Albert Chesbrough, pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5, and
33 C.F.R. Part 20.
On July 26, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard issued a Decision and Order revoking the Merchant Mariner Credentials of
Mr. Richard A. Chesbrough (hereinafter "Respondent") upon finding proved two specifications
of misconduct, and one specification of conviction of an offense that would preclude issuance of : "
a Coast Guard MMC.
On July 22, 2016, Respondent filed a Notice of Appeal in the matter. He perfected his
appeal by filing an Appellate Brief on August 30, 2016. In a letter dated August 3 0, 2016, Respondent requested issuance of a Temporary
Mariner Credential as appellate action commenced in his case. The ALJ considered
Respondent's request and, on October 13, 2016, issued a Decision and Order denying issuance of
a temporary credential to Respondent. Via letter dated October 29, 2016, Respondent attacks the
ALJ's denial of a temporary credential, among other things, and requests that his credential be
returned to him while he waits for the outcome of his case. I am treating this as an appeal of the
ALJ's denial of his request for a temporary credential.
The ALJ's decision on the temporary credential refers to all tlu·ee of the allegations found
proved: Allegations Two (misconduct: making a false statement in a casualty investigation),
Three (misconduct: attempting to induce a witness to testify falsely in a marine casualty
investigation), and Six (conviction of an offense that would prevent the issuance or renewal of a
MMC). | Appeal No. 2716 | Suspension and Revocation Appeals Authority | 3/23/2017 | 3/23/2017 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2701 - CHRISTIAN | DECISION OF THE COMMANDANT ON APPEAL FROM DENIAL OF
APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
This appeal is taken in accordance with S U.S.C. § S04 and 49 C.F.R. Part 6.
By order dated July 21,2011, an Administrative Law Judge (hereinafter "AU") of the
United States Coast Guard denied Aaron Louis Christian's (hereinafter "Respondent's")
application for attorney's fees and expenses incurred as a result of defending himself against a
charge of misconduct brought by the Coast Guard against his merchant mariner credentials.
Through its original Complaint, the Coast Guard alleged that Respondent committed misconduct
and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol standards. The Coast Guard subsequently
amended its Complaint to remove the "violation of law or regulation" allegation. The allegation
of misconduct remained and was a pending charge throughout all stages of the proceeding
against Respondent's merchant mariner credentials. The misconduct allegation alleged that
Respondent violated a company policy which prohibits employees from reporting to work under
the influence of alcohol. | Appeal No. 2701 | Suspension and Revocation Appeals Authority | 7/22/2013 | 7/22/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2702 - CARROLL | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
L T Christopher L. Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Gary F. Ball
Suspension and Revocation National Center of Expertise
For Respondent:
Vuk S. Vujasinovic, Esq.
Kenneth B. Fenelon, Jr., Esq.
Vujasinovic & Beckcom, PLLC
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.P.R. Part 20.
By a Decision and Order (hereinafter "0&0,.) dated January 20, 2012, an Administrative
Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Shean Mason Carroll (hereinafter "Respondent") for twenty-four months upon
finding proved two charges of misconduct in violation of 46 U.S.C. § 7703(1 )(b) and 46 C.F.R. § 5.27, by refusing a drug test. The specifications found proved alleged that on February 5, 2010,
Respondent refused a drug test, following a determination that the temperature of his urine sample
was outside the acceptable range, by failing to raise and lower his clothing to permit the observer
to determine that he did not have a prosthetic device, and by possessing or wearing a prosthetic
device that could be used to interfere with the sample collection process. The Coast Guard
appeals. | Appeal No. 2702 | Suspension and Revocation Appeals Authority | 10/10/2013 | 10/10/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2703 - WEBER | APPEARANCES
For the Government:
LT Jeff A. Fry, USCG
James P. Fink, USCG
For Respondent:
Terry D. Weber, prose
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.P.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 22, 2011, an
Administrative Law Judge (hereinafter "AU") of the United States Coast Guard revoked the
Merchant Mariner License of Mr. Terry D. Weber (hereinafter "Respondent") upon finding
proved a charge of use of dangerous drugs in violation of 46 U.S.C. § 7704(c) and 46 C.F.R. §
5.35. The specification found proved alleged that on January 31, 2011, Respondent submitted to a
random drug test and provided a urine sample that tested positive for the presence of marijuana
metabolites. | Appeal No. 2703 | Suspension and Revocation Appeals Authority | 11/4/2013 | 11/4/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2704 - FRANKS | APPEARANCES
For the Government:
CWO Christian Menefee, USCG
LT Christopher Jones, USCG
Coast Guard Sector Houston/Galveston
Mr. Brian C. Crockett
Suspension and Revocation National Center of Expertise
For Respondent:
Michael Aaron Franks, pro se
Administrative Law Judge: Dean C. Metry
This appeal is taken in accordance with 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F.R. Part 20.
By a Decision and Order (hereinafter “D&O”) dated November 16, 2011, an
Administrative Law Judge (hereinafter “ALJ”) of the United States Coast Guard dismissed the
Coast Guard’s Complaint against Mr. Michael Aaron Franks (hereinafter “Respondent”). The
Complaint alleged that Respondent was a user of or was addicted to the use of dangerous drugs.
While the ALJ found that Respondent tested positive for cocaine metabolites during a drug test, because the ALJ determined that Respondent’s drug test was not conducted in accordance with the
regulatory requirements of 46 C.F.R. Part 16 (the Coast Guard’s chemical testing requirements),
the ALJ found the Coast Guard’s Complaint Not Proved and dismissed the matter with prejudice. | Appeal No. 2704 | Suspension and Revocation Appeals Authority | 7/30/2014 | 7/30/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2705 - PLENDER | APPEARANCES
For the Government:
Mr. Gary F. Ball
VICE COMMANDANT
ON APPEAL
NO. • 27 0 5
Suspension and Revocation National Center of Expertise
For Respondent:
William Hewig III, Esq.
Kopelman and Paige, P.C.
Administrative Law Judge: Walter J. Brudzinski
This appeal is taken in accordance with 46 U.S.C. § 7701, et seq., 46 C.F.R. Part 5, and the
procedures in 33 C.F .R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 17, 2012, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard revoked the
Merchant Mariner Credentials issued to Mr. Kirk C. Plender (hereinafter "Respondent") upon
finding proved one charge of incompetence.
The specification found proved alleges the following. Respondent submitted a completed
Merchant Mariner Physical Examination Report (Form CG-719K) to the Coast Guard on February 18, 2010. His Implantable Cardioverter Defibrillator (hereinafter "ICD") and underlying
cardiac conditions documented in the Form CG-719K rendered him physically incompetent and
unfit for merchant mariner duties. The Coast Guard National Maritime Center (hereinafter
''NMC"), on March 22, 2010, informed Respondent that he was not medically fit for merchant
mariner duties due to the heart condition and ICD. Thereafter, on multiple occasions between
March 22, 2010, and November 21, 2011, Respondent served onboard American President Lines
(hereinafter "APL") vessels as Chief Mate, a safety-sensitive position required by the vessels'
Certificates of Inspection. Finally, the specification alleges that by so serving while not medically
fit to do so, Respondent committed an act of incompetence. | Appeal No. 2705 | Suspension and Revocation Appeals Authority | 10/1/2014 | 10/1/2014 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2706 - CHESBROUGH | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
Coast Guard Marine Safety Unit Portland
Respondent Pro se
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated July 25, 2012, an Administrative Law
Judge (hereinafter "AU") of the United States Coast Guard suspended the Merchant Mariner
License of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for two months outright
and ordered a further two months suspension on eighteen months probation upon finding proved
one specification of misconduct and one specification of negligence.
The misconduct specification alleges that on April 12, 2011, Respondent, while acting
under the authority of his Coast Guard-issued mariner license, committed misconduct by
navigating the vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in violation of the vessel's Certificate of Inspection, which limited operation of the vessel to
the Willamette Slough when the river gauge at Salem reads 11 feet or more, as it did on the
relevant date. The negligence specification alleges the same facts and further alleges that
Respondent acted negligently by failing to check the river gauge at Salem to ascertain the river's
stage, by operating the vessel outside the conditions of its Certificate of Inspection, and by
grounding the vessel at Mile 85 on the Willamette River. | Appeal No. 2706 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2707 - CHESBROUGH II | APPEARANCES
For the Government:
LT Kimberly D. Rule, USCG
CWO John Nay, USCG
Coast Guard Marine Safety Unit Portland
For the Respondent:
Mr. Richard Albert Chesbrough
Co-Representative: Mr. Scott Clifford
Vancouver, Washington
Administrative Law Judge: George J. Jordan
This appeal is taken in accordance with 46 U.S.C. Chapter 77, 46 C.F.R. Part 5 and
33 C.F.R. Part 20.
By a Decision and Order (hereinafter "D&O") dated September 18, 2013, an
Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard suspended the
Merchant Mariner Credential of Mr. Richard Albert Chesbrough (hereinafter "Respondent") for
two months upon finding proved one specification of misconduct.
The misconduct specification alleges that on May 9, 2012, Respondent, while acting under
the authority of his Coast Guard-issued mariner license, committed misconduct by navigating the
vessel WILLAMETTE QUEEN from the Willamette Slough into the Willamette River in
violation of the vessel's Certificate of Inspection, which limited operation of the vessel to the
Willamette Slough when the river gauge at Salem reads 11 ft or more, as it did on the relevant date. | Appeal No. 2707 | Suspension and Revocation Appeals Authority | 1/23/2015 | 1/23/2015 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 0345 - RAY | In the Matter of Merchant Mariner's Document Z-439836
Issued to: CICERO JAMES RAY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
345
CICERO JAMES RAY
This case comes before me by virtue of Title 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 137.11-1.
On 14 April, 1949 an Examiner of the United States Coast Guard
at Port Arthur, Texas entered an order revoking Appellant's
Merchant Mariner's Document Z-439836 and all other documents,
certificates and/or licenses issued to him, upon finding him guilty
of "misconduct" based upon two specifications alleging, first,
assault and striking his superior officer on 16 August, 1947 while
serving as fireman-watertender on the SS JOHN G. WHITTIER and;
second, importing and bringing into the United States 270 grains of
bulk marihuana on 14 July, 1948 while serving as oiler on the
American SS ALMERIA LYKES. | Appeal No. 0345 | Suspension and Revocation Appeals Authority | 6/28/1949 | 6/28/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0346 - MCKINZEY | In the Matter of Certificate of Service No. 521617
Issued to: JAMES McKINZEY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
346
JAMES McKINZEY
This appeal has been taken in accordance with 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 April, 1949, Appellant appeared before an Examiner of the
United States Coast Guard at Mobile, Alabama, on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as pantryman on board the American SS JOSEPH
N. DINAND, under authority of his duly issued Certificate of
Service No. E-521617, he assaulted a crew member, Manuel Herrera,
with a dangerous weapon on or about 25 June, 1946. | Appeal No. 0346 | Suspension and Revocation Appeals Authority | 6/23/1949 | 6/23/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0347 - BARI | In the Matter of Certificate of Service No. E-560773
Issued to: SANTIAGO M. BARI
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
347
SANTIAGO M. BARI
This appeal has been taken in conformance with 46 United
States Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 5 May, 1949, the Appellant was tried before an Examiner of
the United States Coast Guard at Philadelphia, Pennsylvania, on a
charge of misconduct supported by two specifications. The first
specification alleges that while Appellant was serving as galleyman
on board the American SS GULFBRAND, under authority of a duly
issued Certificate of Service (E-560773), he aided and assisted
Manuel De Jesus Rocha, on about 12 September, 1948, in stowing away
on board the vessel without the consent of the master. The second
specification alleges that while still serving in the above
capacity, the Appellant aided and assisted the alien Rocha, on or
about 18 September, 1948, in illegally entering the United States,
contrary to 8 United States Code 144. | Appeal No. 0347 | Suspension and Revocation Appeals Authority | 6/14/1949 | 6/14/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0348 - RHONE | In the Matter of Merchant Mariner's Document No. Z-757800
Issued to: RICHARD RHONE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
348
RICHARD RHONE
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 17 May, 1949, the Appellant appeared before an Examiner of
the United States Coast Guard at Galveston, Texas, on a charge of
misconduct supported by two specifications. The first
specification alleges that while Appellant was serving as
utilityman on board the American SS GENERAL R. E. CALLAN under
authority of his Merchant Mariner's Document No. Z-757800, he had
in his possession four marijuana cigarettes on or about 18 June,
1947, while in the port of New York. The second specification
alleges that Appellant while serving as above, and on the same
date, gave aid and comfort to a member of the crew in assisting him
to land marijuana in the United States. | Appeal No. 0348 | Suspension and Revocation Appeals Authority | 6/22/1949 | 6/22/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0349 - VIRNET | In the Matter of Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
ANIBAL VIRNET
In The Matter of
Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
Merchant Mariner's Document No. Z-669069
Issued to: CLARENCE DEANE MILLER
Merchant Mariner's Document No. Z-630431-D1
Issued to: JOHN HENRY WHEATLEY
Certificate of Service No. E-61599
Issued to: MANCEL S. HAWKINS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 30 and 31 March, 1949, each of the above-named Appellants
appeared before an Examiner of the United States Coast Guard at
Seattle, Washington, to answer a charge of "misconduct" supported by the following specification:
"In that you, while serving (in the stated individual
capacity) on board a merchant vessel of the United
States, the MV LUCIDOR, under authority of your duly
issued Merchant Mariner's Document (or Certificate, as
applicable) did, on or about 25 January, 1949, unlawfully
delay the sailing of said vessel from a domestic port by
reason of failure to report aboard in accordance with
posted sailing orders, such being contrary to 46 U.S.C.
701." | Appeal No. 0349 | Suspension and Revocation Appeals Authority | 9/29/1949 | 9/29/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0350 - DARCY | In the Matter of Certificate of Service No. A-25811
Issued to: CLEMENCE LEO DARCY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
350
CLEMENCE LEO DARCY
This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.11-1.
On 19 April, 1949, and 22 April, 1949, Appellant appeared
before an Examiner of the United States Coast Guard at Seattle,
Washington, to answer a charge of misconduct based upon four
specifications. These specifications allege that Appellant did,
while serving as deck maintenance man on the American SS STEPHEN W.
KEARNY under authority of his duly issued Certificate of Service
No. A-25811:
1. On or about 2 February, 1949, while said vessel was at a
foreign port, fail to return on board in reasonable time
after having been released from doctor as fit for duty.
2. On or about 3 and 4 February, 1949, while serving as
above, fail to perform his duties without reasonable
cause.
3. On 2, 4, 7, 8, 9 and 10 March, 1949, while serving as
above, fail to turn to at 0800 and perform his duties
between the hours of 0800 and 1700 by reason of being
under the influence of intoxicants all in violation of
good order and discipline. | Appeal No. 0350 | Suspension and Revocation Appeals Authority | 6/30/1949 | 6/30/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0331 - DUKE | In the Matter of MERCHANT MARINER'S DOCUMENT Z-31679-D3
Issued to: KEOWN DUKE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
331
KEOWN DUKE
This case comes before me by virtue of Title 46 United States
Code 239 (g) and 46 Code of Federal Regulations 137.11-1.
On March 18, 1949, an Examiner of the United States Coast
Guard entered an order revoking Merchant Mariner's Document
Z31679-D3 and all other merchant mariner's documents issued to
Keown Duke upon a plea of guilty to a charge of misconduct,
supported by seven specifications alleging unfitness for duty by
reason of intoxication on seventeen occasions while employed as
able seaman aboard the SS WILLIAM FLOYD from September through
November, 1947, while the vessel was in divers foreign ports.
Appellant, acting as his own counsel, pleaded guilty to the charge
of misconduct and to the seven specifications alleging his
unfitness for duty by reason of intoxication. Appellant did not
take the witness stand nor did he have any other witnesses appear
on his behalf.
The Investigating Officer described the result of his
investigation of the complaint. After receiving this evidence, the
Examiner found the charge and specification proved by the
Appellant's plea. However, he deferred further action in order to
afford the Appellant an opportunity to adduce either witnesses as to his previous good conduct or letters of recommendation attesting
to the same. When he was advised that, after the passage of three
days, the Appellant was unable to secure either character witnesses
or letters of recommendation, the Examiner entered the order of
revocation. | Appeal No. 0331 | Suspension and Revocation Appeals Authority | 4/22/1949 | 4/22/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0332 - TIMAS | In the Matter of Certificate of Service No. A-14082
Issued to: ANTHONY L. TIMAS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
332
ANTHONY L. TIMAS
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 March, 1949, an Examiner of the United States Coast Guard
entered an order revoking Certificate of Service No. A-14082 and
all other documents issued to Anthony L. Timas upon a plea of
"guilty" to a charge of misconduct, supported by a specification
alleging that Anthony L. Timas unlawfully possessed, received, and
facilitated transportation and concealment of approximately 212
grains of heroin while serving as an able seaman aboard the SS
MARINE FALCON on 23 July, 1947, in New York, New York.
At the hearing, Appellant was advised of his rights and was
represented by counsel. No witnesses appeared. The Investigating
Officer described the results of his investigation of the case.
Counsel for Appellant made a statement in the nature of a plea that
Appellant be given another chance to go to sea based on counsel's
personal knowledge of Appellant's previous history and on
circumstances surrounding the case. The Examiner found the charge
and specification proved by the Appellant's plea and entered the
order of revocation. | Appeal No. 0332 | Suspension and Revocation Appeals Authority | 5/5/1949 | 5/5/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0333 - PARKER | In the Matter of Merchant Mariner's Document No. Z-433886-D1
Issued to: MORRIS PARKER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
333
MORRIS PARKER
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 April, 1949, an Examiner of the United States Coast Guard
entered an order revoking Merchant Mariner's Document No.
Z-433886-D1 and all other valid licenses and certificates issued by
the Coast Guard held by Morris Parker, upon a plea of guilty to a
charge of misconduct, supported by a specification alleging
possession of about 12 grains of marijuana contrary to law, while
serving under the authority of the document as a messman aboard the
American SS AFRICAN SUN on 23 March, 1949, while that vessel was
moored at Brooklyn, New York. Appellant was advised of the nature
of the hearing, his right to have counsel, and of his other rights
at the beginning of the hearing. Appellant, appearing as his own
counsel, entered a plea of guilty to the charge and specification.
The Investigating Officer described the results of his
investigation. Appellant did not testify under oath, but stated
that he had been smoking marijuana cigarettes for about two years.
He made various other statements including one regarding the manner
in which he obtained the marijuana which was found in his
possession. No witnesses appeared. The Examiner found the charge and specification proved by plea and entered the order of
revocation. | Appeal No. 0333 | Suspension and Revocation Appeals Authority | 5/9/1949 | 5/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0334 - TERCERO | In the Matter of Merchant Mariner's Document Z-456458
Issued to: FRED EUGENE TERCERO
DECISION AND FINAL ORDER OF THE COMMANDANT
334
FRED EUGENE TERCERO
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 March, 1949, an Examiner of the United States Coast Guard
at San Francisco, California, revoked Merchant Mariner's Document
Z-456458 issued to Fred Eugene Tercero upon finding him guilty of
a charge of misconduct based upon two specifications alleging that
on 17 March, 1948, he unlawfully imported a quantity of marijuana
without having registered and paid the tax required by law, and
that he unlawfully acquired this marijuana without paying the
transfer tax required by law.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences. He was
advised that he was entitled to counsel, but Appellant chose to act
as his own counsel. Appellant entered a plea of "not guilty" to
the first specification and a plea of "guilty" to the second
specification. The Investigating Officer made an opening statement
concerning his investigation of the case, and took the witness
stand for the purpose of identifying a certified copy of a
commitment order of the United States District Court for the
Southern District of California, Central Division, dated 15 April,
1948, in the case of United States versus Fred E. Tercero. | Appeal No. 0334 | Suspension and Revocation Appeals Authority | 5/11/1949 | 5/11/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0335 - DIPMORE | In the Matter of Merchant Mariner's Document No. Z-294959-D1
Issued to: IVORY IVY DIPMORE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
335
IVORY IVY DIPMORE
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 21 March, 1949, Appellant was charged before an Examiner of
the United States Coast Guard at New York with misconduct, for that
while serving as 3rd cook on the American SS MARINE TIGER under
authority of his duly issued Merchant Mariner's Document
Z-294959-D1, he did on or about 2 March, 1949, while said vessel
was in the port of New York, unlawfully have in his possession
narcotics, to wit, eleven grains of marijuana and nine grains of
marijuana seed.
Voluntarily waiving his right to representation by counsel,
Appellant entered a plea of "guilty with an explanation" to this
charge. At a hearing on 22 March, 1949, the unsworn statement of
Appellant was received wherein he admitted his possession of
narcotics but claimed they had been given him by a "friend"
following their mutual indulgence in several drinks. The Examiner
found Appellant was guilty by virtue of the plea and entered an
order revoking the documents identified above and all other
documents or certificates held by this Appellant. | Appeal No. 0335 | Suspension and Revocation Appeals Authority | 6/13/1949 | 6/13/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0336 - HOLT | In the Matter of Merchant Mariner's Document No. Z-169409
Issued to: ARNOLD HOLT
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
336
ARNOLD HOLT
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 1 March, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at New York on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as fireman-watertender on board the American
SS ROCK SPRING VICTORY, under authority of a duly issued Merchant
Mariner's Document (Z-169409), he had in his possession, contrary
to law, on or about 12 January, 1948, a quantity of narcotics; to
wit, marijuana.
Appellant voluntarily waived his right to representation by
counsel and entered a plea of "guilty" to the charge and
specification. After the hearing, the Examiner entered an order
revoking said Merchant Mariner's Document and all other valid
licenses, certificates and documents held by the Appellant.
Appellant indicates in his appeal that he feels his documents
should not be revoked in view of the lesser punishment meted out to
one George Griffith for a similar type offense. Both Appellant and
George Griffith received probationary suspensions from U. S. District courts. Griffith also had his documents suspended
outright for two months and was placed on probation for two years. | Appeal No. 0336 | Suspension and Revocation Appeals Authority | 6/2/1949 | 6/2/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0337 - SULLIVAN | In the Matter of Merchant Mariner's Document Z-413451
Issued to: WILLIAM THOMAS SULLIVAN, JR.
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
337
WILLIAM THOMAS SULLIVAN, JR.
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 4 April, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at New York on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as ordinary seaman on board the American SS
MARINE MARLIN, under authority of a duly issued Merchant Mariner's
Document (Z-413451), he had in his possession, contrary to law, on
or about 24 March, 1949, approximately 32 grains of a narcotic
known as marijuana.
Appellant voluntarily waived his right to representation by
counsel and entered a plea of "guilty" to the specification. After
the hearing, the Examiner found both the specification and the
charge proved, and he thereupon entered an order revoking said
Merchant Mariner's Document Z-413451 and all other valid licenses
and certificates issued to the Appellant by the United States Coast
Guard or any predecessor authority. | Appeal No. 0337 | Suspension and Revocation Appeals Authority | 6/9/1949 | 6/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0338 - NASSER | In the Matter of Merchant Mariner's Document Z-35960
Issued to: JOSEPH NASSER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
338
JOSEPH NASSER
This appeal comes before me by virtue of Title 46 United
States Code 239 (g) and 46 Code of Federal Regulations 137.11-1.
On 17 March, 1949, the Appellant appeared before an Examiner
of the United States Coast Guard at New York on a charge of
"misconduct" supported by a specification alleging that while
Appellant was serving as utilityman on board the American SS PONTUS
H. ROSS, under authority of a duly issued Merchant Mariner's
Document (Z-35960), he unlawfully possessed and concealed, and
facilitated the transportation and concealment at New York on or
about 7 March, 1948, of a certain narcotic drug commonly known as
heroin which weighed approximately seventeen ounces.
At the hearing, the Appellant was given a full explanation of
the nature of the proceedings and the possible consequences, and he
was represented by counsel of his own selection. Appellant entered
a plea of "guilty" to the specification. Upon completion of the
hearing, the Examiner entered an order revoking said Merchant
Mariner's Document and all other licenses, certificates or
documents issued by the United States Coast Guard to Appellant. | Appeal No. 0338 | Suspension and Revocation Appeals Authority | 7/5/1949 | 7/5/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0339 - LUCIEN | In the Matter of Certificate of Service No. E-521498
Issued to: JAMES HARRY LUCIEN, JR.
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
339
JAMES HARRY LUCIEN, JR.
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 22 March, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at Boston, Massachusetts, on a
charge of misconduct supported by a specification alleging that
while Appellant was serving as messman on board the American SS
SULPHUR MINES, under authority of Certificate of Service No.
E-521498, he unlawfully had in his possession on or about 16
February, 1949, certain narcotics known as marijuana.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences. He
voluntarily waived his right to representation by counsel and
pleaded "guilty" to the charge and specification. At the end of
the hearing, the Examiner entered an order revoking Certificate of
Service No. E-521498 and all other valid certificates of service
held by the Appellant.
In his appeal, Appellant states that this is his first offense
of any nature and that he did not intend to sell the marijuana to others but had planned to use it himself. Appellant is twenty-one
years of age. | Appeal No. 0339 | Suspension and Revocation Appeals Authority | 6/9/1949 | 6/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0340 - NORMAN | In The Matter of Merchant Mariner's Document No. Z-531800-D2
Issued to: PHILLIP NORMAN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
340
PHILLIP NORMAN
This case comes before me by virtue of Title 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 137.11-1.
On 26 April, 1949 Appellant was charged before an Examiner of
the United States Coast Guard at New Orleans, Louisiana, with
"misconduct" for that while serving as "galley utility" on board a
merchant vessel of the United States, the SS PHILIP BARBOUR under
authority of his duly issued Merchant Mariner's Document
Z-531800-D2, he failed to join said vessel without reasonable cause
on or about 7 April, 1949.
Voluntarily waiving his right to counsel, Appellant pleaded
not guilty to the charge, although he admitted that he had not
sailed with the vessel at the time of its departure from New
Orleans. There was received in evidence an excerpt from the
Shipping Articles from the SS PHILIP BARBOUR showing Appellant's name, rating and wages. Appellant explained that his reason for failing to report to his vessel was due to the fact that on the evening of the 5th of April, he had gone ashore with permission, and had a number of drinks at a nightclub; that he was returning to the ship when the New Orleans police arrested and charged him with disorderly conduct. Before the Municipal Court at New Orleans, he was sentenced to serve 20 days and to pay a fine of $20.00 on each of two charges and his incarceration prevented him from returning to the vessel. | Appeal No. 0340 | Suspension and Revocation Appeals Authority | 6/19/1949 | 6/19/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0341 - BACHILLER | In the Matter of Certificate of Service No. E-654982
Issued to: RAFAEL L. BACHILLER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
341
RAFAEL L. BACHILLER
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 21 April, 1949, Appellant was tried before an Examiner of
the United States Coast Guard at New York City on a charge of
misconduct supported by two specifications. The first specification
alleges that while Appellant was serving as utilityman on board the
American SS AGWISTAR, under authority of his duly issued
Certificate of Service No. E-654982, he unlawfully, and knowingly,
combined and conspired with certain named persons, on or about 15
October, 1948, and continuously thereafter up to on or about 3
February, 1949, to violate 26 United States Code 2591(a) and 26
United States Code 2593(a). The second specification alleges that,
while serving as above, Appellant, on or about 27 January, 1949,
unlawfully acquired approximately one pound of marijuana without
having paid the transfer tax imposed by 26 United States Code
2590(a) and thus violated 26 United States Code 2593(a).
Appellant was represented at the hearing by counsel and the
latter, in behalf of Appellant and with his authorization, entered
a plea of "not guilty" to the first specification and a plea of "guilty" to the second specification. The Examiner received
testimony from both parties in connection with the first
specification. The Examiner then, having found the first
specification "proved in part" and the second specification "proved
by plea," entered an order revoking Certificate of Service No.
E-654982 and all other valid licenses, documents and certificates
held by Appellant which had been issued to him by the Coast Guard
or the predecessor authority. | Appeal No. 0341 | Suspension and Revocation Appeals Authority | 6/17/1949 | 6/17/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0342 - JESUS | In the Matter of Merchant Mariner's Document Z-62646
Issued to: OTILIO DE JESUS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
342
OTILLIO DE JESUS
This case comes before me by virtue of Title 46 United States
Code 239 (g) and Title 46 Code of Federal Regulations 137.11-1.
On 6 April, 1949 Appellant appeared before an Examiner of the
United States Coast Guard at New York, charged with "misconduct"
for that while serving as an Able Seaman on the SS AGWISTAR under
authority of his duly issued Merchant Mariner's Document Z-62646,
on 27 January, 1949 he unlawfully had in his possession a certain
quantity of Marihuana - to wit, approximately 1 pound.
Appellant was represented by counsel who also served as
interpreter for Appellant and entered a plea of guilty to the
charge and specification. After hearing the report of the
Investigating Officer and the argument by counsel for Appellant,
the Examiner entered an ordered revoking appellant's Merchant
Mariner's Document aforesaid together with all other documents or
certificates now held by the Appellant. | Appeal No. 0342 | Suspension and Revocation Appeals Authority | 6/6/1949 | 6/6/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0343 - JACKSON | In the Matter of Merchant Mariner's Document No. BK-308991
Issued to: JOHNNIE LEE JACKSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
343
JOHNNIE LEE JACKSON
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
Appellant was charged with misconduct before an Examiner of
the United States Coast Guard at Norfolk, Virginia, based upon
specifications alleging that while serving as a messman on the
American SS TOWANDA VICTORY, under authority of his duly issued
Merchant Mariner's Document No. BK-308991, he did
(1.) On or about 22 March, 1949, while said vessel was in the
port of Cherbourg, France, unlawfully have in his
possession, and concealed in his clothing, a bread knife
with an eight inch blade which was a deadly weapon.
(2.) On or about 22 March, 1949, while said vessel was in
Cherbourg, France, attempt to assault the Second Officer
of said vessel with a deadly weapon while under the
influence of liquor.
(3.) Fail, without justifiable cause, to respond to a summons
served upon him by an authorized officer of the United
States Coast Guard. | Appeal No. 0343 | Suspension and Revocation Appeals Authority | 6/23/1949 | 6/23/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0344 - CROFT | In the Matter of Merchant Mariner's License No. A-2008
Issued to: ROBERT M. MAGNUSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
344
ROBERT M. MAGNUSON
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 14 February, 1949, an Examiner of the United States Coast
Guard at Detroit, Michigan, entered an order suspending License No.
A-2008 for a period of three months upon finding Appellant guilty
of the charge of "negligence" while he was serving as Master on
board the American SS HARRY W. CROFT under authority of his duly
issued license. The charge is based on a specification alleging
that Appellant failed to navigate the SS HARRY W. CROFT at a
moderate speed during a period of low visibility, on or about 30
October, 1948, while on a voyage from Toledo, Ohio, to Indiana
Harbor, Indiana, carrying approximately nine thousand tons of coal.
This is a violation of Rule 15 of the laws relating to the
navigation of vessels, Title 33, United States Code 272.
At the hearing, the regulatory requirements with respect to
Appellant's rights were complied with and Appellant was represented
by counsel of his own choice. Appellant pleaded "not guilty" to
the specification but at the conclusion of the hearing, the
Examiner found the specification and charge "proved." After his license had been suspended, the Appellant was issued a temporary
license pending determination of this appeal. | Appeal No. 0344 | Suspension and Revocation Appeals Authority | 7/8/1949 | 7/8/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0312 - GAIER | In the Matter of License No. A-16363
Issued to: JOSEPH B. GAIER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
312
JOSEPH B. GAIER
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On December 22, 1948, a hearing was held before an Examiner,
United States Coast Guard, New York, New York, on a charge of
misconduct, supported by three specifications, preferred against
Joseph B. Gaier, Z-15807 (hereinafter referred to as the
appellant), formerly Chief Mate of the SS SIMEON G. REED.
The appellant was represented by counsel and entered a plea of
"not guilty" to the charge of misconduct, as well as to the three
specifications alleging (1) breaking in of the stateroom door of
the 3rd Assistant Engineer; (2) incapacity for proper performance
of duty by reason of intoxication; and, (3) use of abusive and
threatening language to the master. | Appeal No. 0312 | Suspension and Revocation Appeals Authority | 4/29/1949 | 4/29/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0313 - LUHRNING | In the Matter of Certificate E-311299
Issued to: HIRAM R. LUHRNING
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
313
HIRAM R. LUHRNING
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 23 December, 1948, an Examiner of the United States Coast
Guard at New York revoked Certificate of Service No. E-311299 and
all other valid certificates or documents issued to Hiram Luhrning
upon finding him guilty of misconduct based upon evidence to
support a specification alleging that while serving as crew
messman on the American SS COURSER, on or about 10 May, 1948, while
said vessel was at sea, he unlawfully had in his possession 2
ounces, 243 grains of marijuana.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences; he
voluntarily waived his right to representation by counsel, and
entered a plea of guilty to the charge and specification.
Whereupon the Examiner entered the order above mentioned. | Appeal No. 0313 | Suspension and Revocation Appeals Authority | 3/2/1949 | 3/2/1949 | | 9/20/2017 |