| Suspension and Revocation Appeals Authority | 2095 - SCOTT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 30 March 1976, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holder of the
document above captioned, on or about 18 January 1972, Appellant
was convicted by the Common Pleas Court of Auglaiza County, Ohio of
possessing or having under his control an hallucinogen, to wit:
cannabis, commonly known as marijuana, contrary to Section 3719.41
of the Revised Code of Ohio. Another specification concerning a
narcotic drug law violation conviction by the County Court of
Hamilton, New York on 18 September 1970 was found not proved
because the copy of the conviction introduced in evidence had not
been duly certified as required by 46 CFR 5.20-105(a).
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
With respect to the Ohio conviction the Investigating Officer
introduced in evidence a duly certified copy of the Journal Entry
for Case No. 5278 filed 18 January 1972 in the Common Pleas Court
of Auglaize County, Ohio. A duly certified copy of the indictment
was also introduced. | Appeal No. 2095 | Suspension and Revocation Appeals Authority | 2/25/1977 | 2/25/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2168 - COOPER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 October 1978, an Administrative Law Judge of
the Untied States Coast Guard at Jacksonville, Florida, after a
hearing at Charleston, South Carolina, revoked Appellant's Merchant
Mariner's Document upon finding him guilty of "conviction for a
narcotic drug violation." The specification found proved alleges
that while the holder of the above-captioned document on 30 April
1971, Appellant was "convicted of possession of narcotics, to wit,
marijuana, by the Circuit Court of Cook County, Illinois."
At the hearing, Appellant appeared pro se and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified
copy of the "Complaint for Preliminary Examination" and subsequent
conviction by the Circuit Court of Cook County, Illinois, dated 20
September 1971.
Appellant offered no evidence but elected to make a sworn
statement in extenuation and mitigation pursuant to the provisions
of 46 CFR 5.20-85(b).
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision and order was served on 6 October 1978.
Appeal was timely filed on 6 October 1978, immediately after
service. | Appeal No. 2168 | Suspension and Revocation Appeals Authority | 10/23/1979 | 10/23/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2135 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license upon finding him to be a user of a narcotic
drug. The specification found proved alleges that on or about 8
October 1976, Appellant was, at or about [REDACTED]
[REDACTED], New Jersey, wrongfully a user of a narcotic drug.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of several witnesses.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At Appellant's request, the Administrative Law Judge arranged
for examination of Appellant at U.S.P.H.S. Hospital, Staten Island,
New York, and then himself called the examining physician as a
witness.
At the end of the hearing, the Judge rendered a decision in
which he concluded that the charge and specification had been
proved. He then entered an order revoking all documents issued to
Appellant.
The entire decision was served on 20 May 1977. Appeal was
timely filed, and perfected on 1 December 1977. | Appeal No. 2135 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2103 - SNELL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 27 October 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found alleges that Appellant, being the holder of the
captioned document, was convicted on 8 May 1972 of a violation of
the Uniform Narcotic Drug Act of the State of Washington in King
County Superior Court, a court of record, for possession and sale
of a narcotic drug, to wit, heroin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and the
specification.
The Investigating Officer introduced in evidence various
documentary evidence. | Appeal No. 2103 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2076 - OGERON | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while under authority of
the document above captioned, on or about 24 August 1972, Appellant
was convicted by the Harris County District Court No. 184, Texas,
a court of record, for violation of the narcotic drug laws of the
State of Texas, to wit, possession of heroin.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
which included certified copies of the indictment by the Harris
County Grand Jury charging Appellant with possession of heroin and
the judgment finding Appellant guilty of that charge. | Appeal No. 2076 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2055 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 October 1975, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug law violation." The specifications found
proved alleges that on or about 21 July 1971, Appellant was
convicted in Superior Court in the County of San Diego for a
violation of California Health and Safety Code, section 11530.5
(possession of marijuana for sale).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the certified
duly attested abstract of the court record, criminal minutes of the
Superior Court of the State of California, probation order, and
order remanding Appellant to the custody of the sheriff. | Appeal No. 2055 | Suspension and Revocation Appeals Authority | 4/23/1976 | 4/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2067 - WHITLOW | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 February 1974, and amended 19 February 1974,
an Administrative Law Judge of the United States Coast Guard at San
Francisco, California, revoked Appellant's seaman documents upon
finding him guilty of the charge of "conviction for a narcotic drug
law violation." The specification found proved alleges that while
being the holder of the document above captioned, on or about 10
April 1973, Appellant was "convicted in court of record for
violation of Health and Safety Code, a Narcotic Drug Law of the
State of California."
At this hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence an affidavit
of service and a certified Minute Order by the Municipal Court for
the city and county of San Francisco, California, dated April 12,
1973.
In defense, Appellant offered in evidence a certified copy of
an order of the same municipal court dated June 4, 1973. | Appeal No. 2067 | Suspension and Revocation Appeals Authority | 7/26/1976 | 7/26/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2089 - STEWART | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 March 1976, an Administrative Law Judge of
the United States Coast Guard at Washington, North Carolina revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug violation." The specification found proved
alleges that while being the holder of the above captioned
document, on or about 15 December 1975 Appellant was convicted of
a violation of North Carolina General Statue 90-95(a'(3)) in the
Superior Court of New Hanover County, State of North Carolina, for
violation of a narcotic drug law.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
Judgement of conviction for a narcotic drug law violation entered
in Cause No. 75-CR-14629 in the General Court of Justice, Superior
Court Division, County of New Hanover, North Carolina, dated
December 15, 1975. | Appeal No. 2089 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2048 - NORTON | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1
and 3.
By order dated 4 June 1975, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, revoked
Appellant's document and license upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, being the holder
of the above captioned document and license, was, on or about 4
March 1975, convicted by the United States District Court for the
Western District of Washington, a court of record, for possession
of hashish in violation of narcotic drug laws of the United States,
to wit: the Revised Code of Washington section 69.50.401 (d) and
sections 7 and 13 of title 18 of the United States Code.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
record of Appellant's conviction.
In defense, Appellant offered in evidence a statement in
mitigation. | Appeal No. 2048 | Suspension and Revocation Appeals Authority | 3/1/1976 | 3/1/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1954 - STOCKSTILL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 October 1970, Appellant
was convicted by the 16th Judicial District Court of the State of
Louisiana, a Court of Record, for violation of the narcotics drug
laws of the State of Louisiana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the record of the 16th Judicial Court of Louisiana and evidence of
a pardon granted Appellant by the Governor of Louisiana.
In defense, Appellant offered in evidence his own testimony,
seven letters attesting to his good conduct, and testimony of two
friends, his father and his wife.
At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant.
The entire decision was served on 18 July 1972. Appeal was
timely filed on 18 July 1972. | Appeal No. 1954 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1983 - SESNY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 28 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that Appellant was convicted for violation of
a narcotic drug law of the United States by the U.S. District Court
for the Southern District of California.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the record of
conviction despite Appellant's plea of guilty.
In mitigation, Appellant offered a copy of a two-page Customs
Report and made an informal statement. | Appeal No. 1983 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2005 - BEROUD | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 18 March 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that, on 4 September 1973,
Appellant was convicted in Delaware County Court, Media,
Pennsylvania, a court of record in Delaware County, Commonwealth of
Pennsylvania, for violation of the Commonwealth of Pennsylvania.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of the indictments and court conviction.
In defense, Appellant offered in evidence his own testimony,
that of a character witness and seven letters of character. | Appeal No. 2005 | Suspension and Revocation Appeals Authority | 8/23/1974 | 8/23/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2009 - NORSWORTHY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 15 March 1974, an Administrative Law Judge of
the United States Coast Guard at Toledo, Ohio, 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 holding the document above
captioned, on or about 6 December 1973, Appellant was convicted by
the County Court, Door County Wisconsin, a court of record, for
violation of narcotic drug laws of the State of Wisconsin.
At the hearing Appellant elected to act as his own counsel and
entered a plea of guilty to the charge and specification.
In mitigation, Appellant stated that he had been in a bar and
had run out of cigarettes and that a woman gave him a pack of
cigarettes containing two marijuana cigarettes.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and specification had been
proved by plea. He then served a written order on Appellant
revoking all documents, issued to Appellant.
The entire decision and order was served on 6 April 1974.
Appeal was timely filed on 15 April 1974. | Appeal No. 2009 | Suspension and Revocation Appeals Authority | 9/20/1974 | 9/20/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1984 - RUIZ | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 1 August 1972, an Administrative Law Judge 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 narcotic drug law violation." The
specification found proved alleges that Appellant was convicted on
17 April 1972 by District Court of Brazoria County, Texas, 23rd
Judicial District, a court of record, for violation of the narcotic
drug laws of the State of Texas.
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 a certified
copy of the judgment of conviction and chemical analysis of the
substance found on Appellant's person.
In defense, Appellant offered in evidence a copy of the
offense report, Police Department, Freeport, Texas.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision was served on 14 August 1972. Appeal was
timely filed on 12 September 1972. | Appeal No. 1984 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2015 - BARNES | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1.
By order dated 14 August 1974, an Administrative Law Judge of
the United States Coast Guard at Memphis, Tennessee revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holding the above
captioned merchant mariner's document, on or about 28 September
1970, Appellant was convicted by the Court of Calcasieu Parish,
Lake Charles, Louisiana, for violation of the narcotic drug laws of
the state of Louisiana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a Certificate
of Service of the charge and specification, and a certified copy of
the conviction by Calcasieu Parish Court.
In defense, Appellant offered in evidence the testimony of
Paul N. Fanolis and his own testimony.
At the end of the hearing, the Judge rendered a written
decision in which he concluded that the charge and specification | Appeal No. 2015 | Suspension and Revocation Appeals Authority | 2/10/1975 | 2/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2036 - SCHMIDT | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1 and 3.
By order dated 28 January 1975, an Administrative Law Judge of
the United States Coast Guard at Portland, Maine, revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that being the holder of the
captioned document on or about 16 January 1969, Appellant was
convicted of a violation of Chapter 94 Section 205 of the General
Laws of the Commonwealth of Massachusetts in the Third District
Court of Eastern Middlesex, a Court of Record, for "violation of
narcotic drug law (illegal possession of marijuana)." | Appeal No. 2036 | Suspension and Revocation Appeals Authority | 9/22/1975 | 9/22/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2239 - VINCENT | This appeal has been taken in accordance with Title 46 United
States Code 239(g), and Title 46 Code of Federal Regulations
5.30-1.
By order dated 10 August 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months, plus six months on
twelve month's probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as
Fireman/Watertender on board SS AFRICAN DAWN under authority of the
document above captioned, on or about 8 May 1978, Appellant did
wrongfully assault and batter with his hand the Third Assistant
Engineer.
The hearing was held at New York, New York, on 22, 23 and 27
June 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the Third Assistant Engineer and two pieces of documentary
evidence: a certified abstract of line 31 of the shipping articles
for SS AFRICAN DAWN, and a certified copy of pages 21 and 22 of the
vessel's official logbook. | Appeal No. 2239 | Suspension and Revocation Appeals Authority | 3/23/1981 | 3/23/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2114 - HULTZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By order dated 31 January 1977, and Administrative Law Judge
of the United States Coast Guard at New York, New York, after
hearing at Philadelphia, Pennsylvania, suspended Appellant's
license for three months on twelve months' probation upon finding
him guilty of negligence. The specification found proved alleges
in essence that while serving as operator of the tug H.C.
JEFFERSON under authority of the license above captioned, on or
about 15 May 1976, Appellant endangered the lives of persons aboard
a 16 foot pleasure craft in East Horseshoe Range, Delaware River,
by proceeding at a speed excessive under the conditions, with a
wake which caused the pleasure craft to be thrown against buoy #39.
At the hearing, Appellant was represented by professional
counsel and pleaded not guilty to the charge and specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two eyewitnesses who has been aboard the pleasure craft. | Appeal No. 2114 | Suspension and Revocation Appeals Authority | 3/1/1978 | 3/1/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2193 - WATSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By order dated 22 August 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that Appellant,
while serving as Steward Utility aboard SS TEXACO CONNECTICUT under
authority of the document above captioned did, on or about 12 May
1978, while the vessel was moored at Sun Oil Company Terminal,
Nederland, Texas, wrongfully commit an assault and battery with a
broken disk on a union patrolman, Reginald L. Harrison.
The hearing was held at Port Arthur, Texas, on 26 June and 1
August 1978.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four exhibits
consisting of (1) Affidavit of service and Recitation of Rights;
(2) abstracts of the shipping articles of the SS TEXACO
CONNECTICUT; (3) photographs of Harrison's face taken the day of
the incident; and (4) photo of a broken disk used in the assault.
He also produced two witnesses, Harrison and the local Shipping
Commissioner. | Appeal No. 2193 | Suspension and Revocation Appeals Authority | 3/26/1980 | 3/26/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2256 - MONTANEZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
5.25-15.
By order dated 25 January 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The three specifications found proved alleged that
while serving as Ordinary Seaman on board SS BANNER under authority
of the document above captioned, on or about 10, 13 and 14 November
1979, Appellant failed to perform his duties as bow lookout.
The hearing was held at Boston, Massachusetts, on 29 November
1979 and 15 January 1980.
Appellant failed to appear at the hearing. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification on Appellant's behalf, and the hearing proceeded
in absentia.
The Investigating Officer introduced in evidence the testimony
of one witness and four exhibits.
No evidence was offered in defense. | Appeal No. 2256 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2000 - ELIPE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 November 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 9 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman on board the SS SANTA BARBARA under authority of the
document above captioned, on or about 10 August 1973, Appellant did
wrongfully engage in mutual combat with a fellow crew member, to
wit, Mario Fernandez, Steward Utility, while the vessel was in the
port of Kingston, Jamaica.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2000 | Suspension and Revocation Appeals Authority | 6/5/1974 | 6/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2008 - GOODWIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 January 1974, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for four months outright plus three
months on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator on board the MV PIONEER under authority of the
license above captioned, on or about 19 September 1973, Appellant
negligently failed to keep clear of the tankship SANINENA II
causing a collision between the two vessels.
At the hearing, Appellant initially elected to act as his own
counsel and entered a plea of not guilty to the charge and
specification. At a subsequent session, he was represented by
professional counsel. At the final session, the proceedings were
properly concluded in absentia. The Investigating Officer
introduced in evidence the live testimony of three witnesses and
various documents. | Appeal No. 2008 | Suspension and Revocation Appeals Authority | 9/13/1974 | 9/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2007 - ARMAD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 August 1973, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months outright
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a Radio/Telegraph Operator on
board the SS JEFFERSON CITY VICTORY under authority of the document
and license above captioned, on or about 9 December 1972, while the
vessel was at sea, Appellant did wrongfully assault and batter a
fellow crewmember, Third Assistant Engineer J.E. Frazer, and did
wrongfully assault and batter him a few days later ashore.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2007 | Suspension and Revocation Appeals Authority | 9/5/1974 | 9/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1949 - BECK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 8 May 1972, an Administrative Law Judge of the
United States Coast Guard at Baltimore, Maryland suspended
Appellant's license and seaman's documents for 18 months outright
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as a Third Assistant Engineer on
board SS AFRICAN METEOR under authority of the license above
described, Appellant:
(1) did on 18 February 1972 wrongfully fail to perform
assigned duties from 0400 to 0800 and from 1600 to 2000 while said
vessel was at sea;
(2) did on 19 February 1972 wrongfully fail to perform
assigned duties from 0400 to 0800 and from 1600 to 2000 while said
vessel was at sea; and (3) did on 19 April 1972 wrongfully fail to join said vessel
upon departure from Baltimore, Maryland.
Appellant did not appear at the hearing and the hearing was
held in absentia. A plea of not guilty to the charge and each
specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the Official Ship's Log, and Certificate
of Discharge issued to Appellant.
No evidence was entered on behalf of Appellant.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and all specifications had been proved. The Administrative Law
Judge then entered an order suspending the license and all
documents, issued to Appellant, for a period of 6 months outright
plus effecting a prior 12 month suspension for violation of
probation. | Appeal No. 1949 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2002 - ADAMS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 8 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman documents for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a tankerman on board the United States Tank
Barge LBT-18 under authority of the document above captioned, on or
about 16 July 1973 Appellant did cause a spill of approximately 120
gallons of crude petroleum condensate upon the waters of Houston
Ship Channel at Robertson Terminal.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence a diagram of
the scene, the testimony of Mr. Marvin Epps, the dockman for
Robertson Terminal, and Petty Officer Clark, the Investigator.
In defense, Appellant offered in evidence his own testimony
and that of Captain Joseph Courtaux, the tug Captain. | Appeal No. 2002 | Suspension and Revocation Appeals Authority | 6/19/1974 | 9/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1997 - MELANSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 6 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for 2 months outright upon finding him guilty
of inattention to duty. The specification found proved alleges
that while serving as a Chief Mate on board the SS EXXON SAN
FRANCISCO under authority of the license above described, on or
about 24 June 1973 Appellant did cause the spill of approximately
10 gallons of heating oil into Houston Ship Channel, Exxon Docks,
Bayton, Texas.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 1997 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1987 - BROWN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 4 August 1972, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman's documents upon finding him guilty of
misconduct.The specification found proved alleges that while
serving as an Able Seaman on board United States SS HALCYON PANTHER
under authority of the document above captioned, on or about 10
September 1971, while the vessel was in the port of Subic Bay,
Republic of the Philippines, Appellant was wrongfully in possession
of marijuana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses, shipping documents of the SS HALCYON PANTHER, a bag of marijuana, and a laboratory report.
In defense, Appellant offered in evidence the testimony of a
co-respondent and certain documents.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant revoking all documents
issued to him.
The entire decision was served on 9 August 1972. Appeal was
timely filed on 8 September 1972. A brief in support of appeal was
received on 9 July 1973. | Appeal No. 1987 | Suspension and Revocation Appeals Authority | 8/22/1973 | 8/22/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2030 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 30 December 1974, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's seaman's documents for two months on twelve
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as a Pilot on
board the SS DELAWARE GETTY under authority of the license above
captioned, on or about 29 August 1973, Appellant
(1) Did imprudently navigate said vessel into Army Terminal
Channel, Bahia de San Juan, Puerto Rico, under adverse
conditions of trim and wind; and did fail to maintain
control of said vessel which resulted in grounding; and
(2) Did neglect and fail to navigate said vessel in a prudent
manner which resulted in the sinking of Army Terminal
Channel Light Buoy No. 6. | Appeal No. 2030 | Suspension and Revocation Appeals Authority | 8/21/1975 | 8/21/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1995 - NAPIER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 24 September 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman document upon finding him guilty of misconduct.
The specification found proved alleges that while serving as second
electrician on board the United States SS CARRIER DOVE under
authority of the document above captioned, on or about 25 July
1973, Appellant did wrongfully assault and batter by striking with
a beer can the crew pantryman while the vessel was in the port of
Durban, Union of South Africa.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of guilty to the charge and specification.
In mitigation, Appellant offered in evidence the testimony of
the crew pantryman and his own testimony. | Appeal No. 1995 | Suspension and Revocation Appeals Authority | 3/19/1974 | 3/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2012 - HERRINGTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 January 1974, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator aboard the M/V
HARDHEAD under the authority of the license above captioned, on or
about 20 September 1973, Appellant wrongfully failed to come to a
timely passing agreement while said vessel was navigating the Gulf
Intracoastal Waterway at approximately Mile 14.5, west of Harvey
Locks.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses, a deckhand on duty aboard the M/V HARDHEAD at the
time of the incident and the master of the M/V SEA ISLANDER. | Appeal No. 2012 | Suspension and Revocation Appeals Authority | 10/8/1974 | 10/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1980 - PADILLA | This appeal has been taken in accordance with Title 46 United
States code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 22 December 1970, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months on eighteen months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Bedroom Messman on
board SS ROBIN GOODFELLOW under authority of the document above
captioned, on or about 24 May 1970, Appellant wrongfully struck
Walter L. McBride, a fellow crewmember, with his fists while said
vessel was at Poro Point, San Fernando, La Anion, R. P.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of a witness, and a Consular report.
In defense, Appellant offered in evidence his own testimony,
that of another witness and some medical reports.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge and specification had been proved and then entered an order
suspending all documents issued to Appellant for a period of six
months on eighteen months' probation. | Appeal No. 1980 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1982 - GOLTEN | This appeal has been taken in accordance with title 46 United
States code 239(g) and title 46 Code of Federal Regulations
137.30-1.
By order dated 21 July 1972, an Administrative Law Judge of
the United States coast guard at Portsmouth, Virginia, suspended
appellant's seaman's document for six months on 12 months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Tankerman on board the
Tank Barge ROBERT L. POLING under authority of the document above
described, on or about 23 September 1971, Appellant negligently
failed to insure that all cargo valves not connected with the
discharge of cargo were in a closed position, thereby contributing
to spillage of cargo into Baltimore Harbor on 24 September 1971.
At the hearing, appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses and transcripts from oral depositions. | Appeal No. 1982 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1903 - MCMARRAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 January 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for six months outright plus six
months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as A.B., on board SS MORMACRIO under authority of the
document above captioned, Appellant:
(1) on 17 October 1969 did wrongfully assault and batter a
fellow crewmember, while the vessel was at sea;
(2) on 22 October 1969 did wrongfully fail to obey a lawful
order of the Chief Mate, to present the "Medical Report
of Duty Status" form at Baltimore, Maryland; and
(3) on 23 October 1969 did wrongfully desert the vessel at
Baltimore, Maryland, after being ordered to remain aboard by the Chief Mate.
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 excerpts from
the vessel's shipping articles and official log and testimony by
the Master and four crewmembers.
In defense, Appellant offered in evidence his own testimony,
notes of the Investigating Officer, the "Medical Report of Duty
Status" form, and a clinical abstract from USPHS Hospital,
Baltimore, Maryland. | Appeal No. 1903 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1996 - LEWIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for 7 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 Fireman/Watertender on board the SS Elizabethport
under authority of the document above captioned, on or about 21 May
1972, Appellant, while the vessel was in the port of Naha, Okinawa,
(1) Wrongfully engaged in mutual combat with a fellow
crewmember, to wit, Patrick G. Fox, Engine Utility; and
(2) Wrongfully failed to obey an order given by the Master to
cease fighting with said fellow crewmember.
At the hearing, Appellant elected to act as his own counsel.
He entered a plea of not guilty to the charge and each
specification. Upon his failure to attend subsequent sessions, the
proceedings were properly continued in absentia. | Appeal No. 1996 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1988 - STRULL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 16 November 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's license and seaman's documents for three months on nine
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Second
Assistant Engineer on board the SS AMERICAN LEADER under authority
of the license above captioned, on or about 14 September 1972,
Appellant did wrongfully assault and batter by gripping and shoving
with his hands a member of the crew, George C. Sawalich, First
Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Office introduced in evidence excerpts from
the shipping articles and official logbook and testimony of the First Assistant Engineer.
In defense, Appellant offered in evidence the testimony of A.
Hendy, a deck mechanic, and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then served a written order
on Appellant suspending all documents issued to him for a period of
three months on nine months' probation.
The entire decision was served on 24 November 1972. Appeal
was timely filed. | Appeal No. 1988 | Suspension and Revocation Appeals Authority | 8/29/1973 | 8/29/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1989 - BOEUF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 15 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a
TANKERMAN on board the United States Tank Barge LBT 20 under
authority of the document above captioned, on 14 January 1973,
Appellant wrongfully failed to properly supervise the loading of
BUNKER C to the said barge which resulted in No. 2 Port Tank
overflowing and thereby contributed to the pollution of the
navigable waters of the United States at mile 168 AHP, Lower
Mississippi River.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence the testimony
of an employee on the barge.
In defense, Appellant offered in evidence his own testimony
and that of a fellow employee.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant suspending all documents issued to Appellant for a period
of three months on twelve months' probation.
The entire decision and order was served on 21 February 1973.
Appeal was timely filed. | Appeal No. 1989 | Suspension and Revocation Appeals Authority | 9/7/1973 | 9/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1999 - JOSSY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 November 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
individually the license held by each Appellant for a period of 12
months on 18 months' probation upon finding each guilty of
misconduct. The specification found proved against Appellant Alt
alleges that while serving as operator aboard the DIXIE LEE, under
authority of the above-captioned license, on or about 20 August
1973, he wrongfully operated a foreign built boat carrying
passengers from a U.S. port and returned to a U.S. port in
violation of 19 CFR 4.80(e). The specification found proved
against Appellant Jossy is identical to the above except that it
alleges serving as operator aboard the JERI-JO III. | Appeal No. 1999 | Suspension and Revocation Appeals Authority | 5/9/1974 | 5/9/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1991 - MOORE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 June 1973, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license for 3 months outright upon finding him guilty
of negligence. The specification found proved alleges that while
serving as a Pilot on board the SS HESS REFINER under authority of
the above captioned license, on or about 1 February 1973, Appellant
did wrongfully proceed at an immoderate speed in conditions of
reduced visibility due to fog in Southwest Pass thereby
contributing to a collision between said vessel and the M/V
SOCRATES and tow, the T/B ALLIED CHEMICAL No. 44.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1991 | Suspension and Revocation Appeals Authority | 10/26/1973 | 10/26/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1906 - HERNANDEZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 June 1971, an Administrative Law Judge 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 alleges that while
serving under authority of the captioned documents on or about 12
November 1969, Appellant wrongfully did have in his possession
925.5 grams (approximately 2 lbs.) of hashish (cannabis sativa) on
12 November 1969 at Port Newark, New Jersey.
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 a certified
extract of shipping articles, a certified copy of a U.S. Customs
Laboratory Report, the testimony of two (2) customs special agents and the testimony of a chemist.
In defense, Appellant offered his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1906 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1985 - CHRISTEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 December 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a messman on board SS AMERICAN CORSAIR under authority
of the document above captioned, on or about 14 January 1971,
Appellant:
(1) failed to perform duties because of intoxication;
(2) assaulted one Charles G. PACE, pantryman, by setting fire
to his mattress while PACE was sleeping on it;
(3) threatened on several occasions to blow up AMERICAN
CORSAIR, which carried military explosives as cargo; and (4) carelessly lighted matches about the deck of the
explosive - carrying vessel.
At the hearing, commencing at San Francisco, California,
Appellant was represented by professional counsel. Appellant
entered a plea of not guilty to the charge and each specification.
At Appellant's request the hearing was transferred to Portsmouth,
Va., where Appellant did not appear.
The Investigating Officer introduced in evidence the testimony
of witnesses and voyage records of AMERICAN CORSAIR. | Appeal No. 1985 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2004 - LORD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 September 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright plus ten months on
eighteen months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as master
on board SS C. E. DANT under authority of the license above
captioned, on 4 September 1972, Appellant while in the Strait of
Juan de Fuca negligently allowed his vessel to proceed at
immoderate speed in restricted visibility, thereby continuing to a
collision between the vessel and MV AEGEAN 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 voyage
records of C. E. DANT, certain photographs, and the testimony of
witnesses. | Appeal No. 2004 | Suspension and Revocation Appeals Authority | 8/22/1974 | 8/22/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1986 - WATTS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 September 1972, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the SS
TEXACO MISSISSIPPI under authority of the license above described,
on or about 11 September 1969, Appellant did authorize the
discharge of an oily mixture from the vessel in violation of the
Oil Pollution Act of 1961 as amended.
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 Chief Mate, three expert witnesses and the pilot of the
aircraft which detected the discharge, and ten exhibits.
In defense, Appellant offered in evidence the testimony of two
experts.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of three months outright.
The entire decision and order was served on 27 September 1972.
Appeal was timely filed on 4 October 1972. | Appeal No. 1986 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1990 - BOURG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's license for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the MV FIVE FORKS
under authority of the license above captioned on or about 4
February 1972, Appellant did negligently fail to provide for the
safety of one of the passengers Robert J. Ricaud, by permitting him
to disembark the vessel under hazardous conditions without
requiring the use of a lifesaving device, while the vessel was at
the Mobil Oil Drilling Rig Central Facility 129, Block 129, Eugene
Island area, Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the
Certificate of death of Robert J. Ricaud and the testimony of two
members of the crew of the FIVE FORKS.
In defense, Appellant offered in evidence his own testimony
and that od a character witness. | Appeal No. 1990 | Suspension and Revocation Appeals Authority | 9/27/1973 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2001 - WALLACE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 September 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Fireman/Watertender on board the United States SS SAN
JUAN authority of the document above captioned, on or about 13
December 1972, Appellant wrongfully possessed marijuana and heroin
while the vessel was in the port of Kobe, Japan.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence shipping
articles for the voyage in question, entries from the official log
book and a Japanese Judgment of Conviction and Sentencing. | Appeal No. 2001 | Suspension and Revocation Appeals Authority | 6/14/1974 | 6/14/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1992 - COPELAND | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 October 1972, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas suspended
Appellant's license for one month on two months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as operator on board the TX 4207 XH
under authority of the license above captioned, on or about 19
August 1972, Appellant permitted said vessel to carry in excess of
6 passengers while said vessel did not have on board a valid
Certificate of Inspection in violation of 46 U.S.C. 390 et seq.
as specified in 46 CFR 176.01-(a).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence some
photographs of the vessel, a handwritten list of persons aboard and
the testimony of three witnesses. | Appeal No. 1992 | Suspension and Revocation Appeals Authority | 11/20/1973 | 11/20/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2006 - MCCOY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 December 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's documents for twelve months upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a day third engineer on board SS DEL
ORO under authority of the license above captioned, on or about 26
February 1973, Appellant wrongfully failed to perform his assigned
duties while the vessel was at Abidjan, Ivory Coast.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of DEL ORO and the testimony of three witnesses.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of twelve months. | Appeal No. 2006 | Suspension and Revocation Appeals Authority | 8/3/1974 | 8/3/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1998 - LEBOEUF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 11 September 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's seaman document for 3 months outright upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as a tankerman on board the United
States Tank Barge GEORGE under authority of the document above
captioned, on 2 September 1973, Appellant allowed approximately one
(1) barrel of decant oil to overflow out of number 5S cargo tank
and enter the Calcasieu River at Citgo Docks, Lake Charles,
Louisiana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and two exhibits. | Appeal No. 1998 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1525 - BRENAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 10 May 1965 at Seattle, Washington, an Examiner
of the United States Coast Guard, after conducting a hearing at
Portland, Oregon, revoked Appellant's document upon finding him
guilty of misconduct. The offenses alleged were proved by evidence
that while serving as a fireman-watertender on board the United
States SS OCEANIC SPRAY under authority of the document above
described, Appellant wrongfully failed to stand his watches on 24
and 25 December 1964 as well as on 21, 24 and 25 February 1965, and
9 March 1965, while the ship was at sea or in a foreign port.
Each offense is supported by a properly prepared entry in the
ship's official logbook. No other evidence was introduced by the
Investigating Officer and there was no evidence in defense since
Appellant was not present at the hearing.
On 15 April 1965, the foreign voyage was completed at Portland. On the morning of this date, Appellant was served with the charge and specification and ordered to appear for a hearing on 16 April. At this time, he voluntarily deposited his document with the Investigating Officer. Appellant was not present or represented when the hearing was convened on 16 April and nothing had been heard from him. The Examiner continued the case subject to call. | Appeal No. 1525 | Suspension and Revocation Appeals Authority | 11/12/1965 | 11/12/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 2024 - KENNEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for two months on 18 month's
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the M/V
VINEYARD QUEEN under authority of the license above captioned, on
or about 20 August 1974, Appellant did fail to determine the
position of the vessel, thereby contributing to a grounding.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a chart,
other documents, and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony
and affidavits concerning the operation of a foghorn. | Appeal No. 2024 | Suspension and Revocation Appeals Authority | 6/4/1975 | 6/4/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2019 - JONES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 February 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for four months outright plus three
months on nine months' probation upon finding him guilty of
misconduct. The specification found proved that while serving as
an Able Seaman on board the SS HURRICANE under authority of the
document above-captioned, on or about 24 January 1974, Appellant,
while the vessel was underway in the Houston Ship Channel, did
wrongfully assault and batter a member of the crew, Jimmy Garner.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documentary evidence.
In defense, Appellant offered in evidence his own testimony
and that of two witnesses. | Appeal No. 2019 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |