| Suspension and Revocation Appeals Authority | 1705 - STOVALL | By order dated 17 May 1967, an Examiner of the United States
Coast Guard at Seattle, Washington, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board SS
SAN JUAN under authority of the document above described, on or
about 22 March 1966, Appellant wrongfully had marijuana in his
possession aboard the vessel.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant.
The entire decision was served in February 1968. Appeal was
timely filed in March 1968 and perfected on 12 June 1968. | Appeal No. 1705 | Suspension and Revocation Appeals Authority | 6/27/1968 | 6/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1706 - OWENS | By order dated 16 May 1967, an Examiner of the United States
Coast Guard at San Francisco, Cal., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board SS METAPAN under authority of the document above
described, Appellant:
(1) wrongfully, from 19 through 23 February 1967, failed to
perform duties at Qui Nhon, RVN:
(2) wrongfully failed to stand a watch at sea on 24 February
1967;
(3) wrongfully abandoned his watch, and the vessel, on 26
February 1967 at Saigon, RVN;
(4) wrongfully failed to perform duties on 27 and 28 February
1967 at Saigon;
(5) deserted the vessel at Saigon on 1 March 1967.
Additionally, it was found that while serving aboard SS
TRANSPACIFIC as an ordinary seaman Appellant wrongfully failed to
join the vessel at Vung Tau, RVN, on 31 March 1967.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of METAPAN and TRANSPACIFIC, a record from the American
Consulate at Saigon, and a medical report. | Appeal No. 1706 | Suspension and Revocation Appeals Authority | 7/3/1968 | 7/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1707 - DAZEY | By order dated 21 December 1967, an Examiner of the United
States Coast Guard at Galveston, Texas, suspended Appellant's
seaman's documents for two months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as third mate on board SS COLUMBIA under authority of the
document and license above described, Appellant:
(1) on 12 October 1967 was wrongfully absent from the vessel
at Bomboy, India;
(2) at the same place, on 13 through 20 October 1967, was
wrongfully absent from the vessel;
(3) at the same place wrongfully failed to perform duties on
27 through 30 October 1967;
(4) at the same place, on 4 through 7 November 1967,
wrongfully failed to perform duties; and
(5) at the same place, on 4 through 7 November 1967, was
wrongfully absent from the vessel.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification found proved.
The Investigating Officer introduced no evidence in view of
the guilty plea.
In defense, Appellant offered in evidence, in mitigation, the
character evidence of the master of COLUMBIA to the effect that
Appellant's conduct and performance were good at sea. | Appeal No. 1707 | Suspension and Revocation Appeals Authority | 6/27/1968 | 6/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1708 - WILBY | By order dated 1 December 1967, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright plus six months on
eighteen months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while acting under the
authority of the document above described, on or about 30 November
1967, Appellant wrongfully created a disturbance in the
Certification Section of the Marine Inspection Office, Terminal
Island, California.
At the hearing, Appellant elected to act as his own counsel
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of a clerk and a yeoman who had been present in the Marine
Inspection Office at the time of the alleged offense, and an application form which Appellant had filed.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him, for a period of
two months outright plus six months on eighteen months' probation. | Appeal No. 1708 | Suspension and Revocation Appeals Authority | 5/22/1968 | 5/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1709 - SEISE | By order dated 31 May 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for three months on 12 months' probation upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a porter on board the United States SS ARGENTINA
under authority of the document above described, on or about 2
April 1965, Appellant wrongfully entered a passenger area.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
three months on 12 months' probation. | Appeal No. 1709 | Suspension and Revocation Appeals Authority | 5/22/1968 | 5/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1710 - WILLS | By order dated 14 November 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for two months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a third mate on board SS NORMAN LYKES under authority of
the document and license above described, on or about 31 December
1967, Appellant wrongfully failed to perform his regularly assigned
watch duties from 2000 to 2400, at sea, because of intoxication.
At the hearing, Appellant was represented by professional
counsel but did not appear in person. Appellant's counsel entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of SS NORMAN LYKES.
In defense, Appellant's counsel offered in evidence a
deposition taken from Appellant on written interrogatories.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of two months. | Appeal No. 1710 | Suspension and Revocation Appeals Authority | 5/21/1968 | 5/21/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1711 - WILLIAMS | By order dated 1 May 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for three months outright plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a third
mate on board the United States SS CRISTOBAL under authority of the
document and license above described, on or about 1 March 1967,
Appellant wrongfully and illegally had in his possession an item of
ship's cargo, to wit, a Smith-Corona portable electric typewriter,
with the intent to deprive the owner of the property therein, when
the vessel was at Cristobal, C. Z.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
the Investigating Officer introduced in evidence the testimony of several witnesses and certain voyage records of CRISTOBAL.
In defense, Appellant offered in evidence his own testimony,
that of several character witnesses, and commendatory written
statements, made over a period of years, of twenty four people.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months outright
plus three months on twelve months' probation. | Appeal No. 1711 | Suspension and Revocation Appeals Authority | 5/29/1968 | 5/29/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1682 - AGUEDA | By order dated 23 August 1967, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for nine months outright upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as a mess man on board the United States SS AMES VICTORY
under authority of the document above described, from 8 July 1967
through 19 July 1967, Appellant was absent from the vessel without
permission while the ship was at Sattatip, Thailand.
Appellant did not appear for hearing. The Examiner entered a
plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of AMES VICTORY.
At the end of the hearing, the Examiner rendered written
decision in which he concluded that the charge and specification has been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of nine months. | Appeal No. 1682 | Suspension and Revocation Appeals Authority | 3/14/1968 | 3/14/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1683 - SIPE | By order dated 3 February 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 12
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance man on board the United States SS HIGH POINT VICTORY
under authority of the document above described, on or about 22
December 1966, Appellant wrongfully destroyed a lock on a ship's
door with a fire axe, wrongfully failed to join, and deserted at
Yokohama, Japan.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and the
specifications alleging the breaking of the lock and the failure to
join, but not guilty to the desertion.
The Investigating Officer introduced in evidence voyage records of HIGH POINT VICTORY and the testimony of six witnesses.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and three specifications had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months outright
plus three months on twelve months' probation. | Appeal No. 1683 | Suspension and Revocation Appeals Authority | 3/14/1968 | 3/14/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1684 - KENNEDY | By order dated 22 June 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for six months outright plus three months on 12
months' probation upon findings him guilty of misconduct. The
specification found proved alleges that while serving as a night
cook and baker on board the United States SS LYNN VICTORY under
authority of the document above described, on or about 22 May 1967,
Appellant assaulted and battered with his fists the vessel's second
assistant engineer at Qui Nhon, South Vietnam.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain voyage records of LYNN VICTORY.
Since Appellant did not appear, no defense was offered.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months outright
plus three months on 12 months' probation | Appeal No. 1684 | Suspension and Revocation Appeals Authority | 3/15/1968 | 3/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1685 - WIGREN | By order dated 5 April 1967, an Examiner of the United States
Coast Guard at Philadelphia, Pa., suspended Appellant's seaman's
documents for six months outright plus six months on eighteen
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board the United States SS U. S. EXPLORER under authority of the
document above described, Appellant:
(1) on or about 19 February 1967, at Manila, R. P., wrongfully
had liquor in his possession aboard the vessel,
(2) on or about 26, 27 and 28 February and 1 March 1967, at
Saigon, South Vietnam, wrongfully absented himself from the vessel
and his duties, and
(3) on or about 15 March 1967, at Aden, Arabia, was unable to
perform duties because of intoxication.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of U. S. EXPLORER.
Since Appellant did not appear, there was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months outright plus six months on eighteen months' probation. | Appeal No. 1685 | Suspension and Revocation Appeals Authority | 3/15/1968 | 3/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1686 - ECHEVARRIA | By order dated 8 June 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for six months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a bedroom steward on
board the United States SS INDEPENDENCE under authority of the
document above described, on or about 11 March 1967, Appellant
assaulted and battered one Ira T. Lee by kicking and punching him
when the vessel was at Dakar, F.W.A.
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 certain
voyage records of INDEPENDENCE, the testimony of two persons, and medical reports on Ira T. Lee. The Examiner refused to grant the
Investigating Officer a delay to obtain another witness. When the
Investigating Officer stated that he was not resting his case the
Examiner said, "I will deem that you have rested".
In defense, Appellant then offered in evidence his own
testimony and statements made about him by other persons. These
statement were obtained by an unidentified "private investigator".
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months outright
plus four months on twelve months' probation. | Appeal No. 1686 | Suspension and Revocation Appeals Authority | 3/18/1968 | 3/18/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1687 - BAKER | By order dated 21 December 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
license for 12 months outright plus 6 months on 18 months'
probation upon finding him guilty of misconduct. At the same time
the Examiner suspended Appellant's Merchant Mariner Document for 12
months. The specifications found proved allege that while serving
as firts assistant engineer on board the United States SS HANS
ISBRANDTSEN under authority of the document and license above
described, on or about 20, 21, 22, and 23 November 1966 Appellant
wrongfully failed to stand watches while the vessel was in a
foreign port, and that on 22 November 1966 at a foreign port
Appellant disobeyed an order of the Master, by going ashore.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain voyage records of HANS ISBRANDTSEN.
Since the proceeding was held in absentia, no defense was
offered.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 12 months outright,
plus an additional 6 months on 18 months' probation with respect to
Appellant's license only. | Appeal No. 1687 | Suspension and Revocation Appeals Authority | 3/19/1968 | 3/19/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1688 - YOUNG | By order dated 2 August 1967, an Examiner of the United States
Coast Guard at San Francisco, California, 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 a holder of the document above
described, on 28 November 1956, Appellant was convicted in
Municipal Court for the City and county of San Francisco of
violation of 11721 of the Health and Safety Code of the State of
California.
Appellant did not appear at the hearing. The Examiner entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence documentary
proof that Appellant was in fact holder of the document in question
on the date alleged and that Appellant had been convicted as
alleged. Because of Appellant's absence, nothing was offered in
defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner entered an order revoking all
documents issued to Appellant. | Appeal No. 1688 | Suspension and Revocation Appeals Authority | 3/19/1968 | 3/19/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1689 - PRIDGEN | By order dated 5 August 1966, an Examiner of the United States
Coast Guard at Boston, Mass. suspended Appellant's license for two
months upon finding him guilty of negligence. The specifications
found proved allege that while serving as master on board the
United States MV MAUMEE SUN under authority of the license above
described, on or about 23 November 1965, Appellant negligently
failed to maintain a proper lookout, and failed to navigate with
caution after hearing a danger signal from SS AMERICAN PILOT,
thereby contributing to a collision with that vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence testimony
previously taken from the pilot of AMERICAN PILOT, from the chief
engineer, and the helmsman of MAUMEE SUN, and from the Corps of
Engineers marine observer from WING'S NECK.
In defense, Appellant offered in evidence his own previously
taken testimony and that of certain live witnesses.
At the end of the hearing, the Examiner rendered decision in
which he concluded that the charge and two specifications had been
proved. The Examiner then entered an order suspending Appellant's
license for a period of two months. | Appeal No. 1689 | Suspension and Revocation Appeals Authority | 3/25/1968 | 3/25/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1866 - DUBOIS | By order dated 14 April 1970 and amended on 17 April 1970, an
Examiner of the United states Coast Guard at New York, N.y.,
suspended Appellant's seaman's documents for two months on nine
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as second
mate on board SS AMES VICTORY under authority of the document and
license above captioned, on or about 17 October 1969, Appellant, at
Subic Bay, P.R.,
(1) failed to perform his duties from 0400 to 0800;
(2) failed to perform his duties from 1600 to 2000; and
(3) failed to join the vessel at 2000.
At the hearing, Appellant was represented twice by
professional counsel, both of whom withdrew from the case.
Appellant then proceeded as his own counsel. Appellant entered a
plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage
records of AMES VICTORY and the testimony of the master of the
vessel.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
has been proved. The Examiner then entered and order suspending
all documents for a period of two months on nine months' probation.
(Linking of this order to an earlier order will be discussed below
in the OPINION.) | Appeal No. 1866 | Suspension and Revocation Appeals Authority | 1/13/1972 | 1/13/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1867 - ROLFES | By order dated 4 June 1970, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for four months plus four months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck engine mechanic
on board SS DOLLY TURMAN under authority of the document above
captioned, on or about 8 April 1970, Appellant failed to join the
vessel at Saigon, RVN.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of DOLLY TURMAN.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of four months plus four
months on twelve months' probation. | Appeal No. 1867 | Suspension and Revocation Appeals Authority | 1/17/1972 | 1/17/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1868 - FRANK | By order dated 26 February 1971, an Examiner of the United
States Coast Guard at New York, N.Y., suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding proved a charge of misconduct. The
specifications found proved allege that while serving as a third
officer on board SS SANTA MAGDALENA under authority of the document
and license above captioned, on 3 November 1970, Appellant, when
the vessel was at Guayaquil, Ecuador,
(1) committed an assualt and battery on the Chief Officer,
one John T. Russell, by offering to strike him with his
fist, by grabbing his shirt lapel, and by kicking him
about the body, and
(2) wrongfully threatened the Chief Officer.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and voyage records of SANTA MAGDALENA.
In defense, Appellant offered in evidence his own testimony,
voyage records of SANTA MAGDALENA, and medical records from the
U.S. Public Health Service.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months plus
three months on twelve months' probation. | Appeal No. 1868 | Suspension and Revocation Appeals Authority | 2/3/1972 | 2/3/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1885 - WHITE | By order dated 8 April 1969, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's license for
three months on twelve month's probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as pilot on board SS MEADOWBROOK under authority of the
license above captioned, on or about 4 May 1968, Appellant
wrongfully failed to navigate said vessel with due caution while in
restricted waters, to wit: Houston Ship Channel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence
the testimony of three witnesses.
In defense, Appellant offered in evidence the testimony of a
witness and several documents.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending
Appellant's license for a period of three months on twelve month's
probation.
The entire decision was served on 17 April 1969. Appeal was
timely filed on 9 May 1969, and was perfected on 19 October 1970. | Appeal No. 1885 | Suspension and Revocation Appeals Authority | 8/7/1972 | 8/7/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1899 - GARCIA | By order dated 2 March 1972, 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 specification found proved alleges that while
serving as a wiper on board SS EXPORT AIDE under authority of the
document above captioned, on 15 October 1971, Appellant wrongfully
had in his possession a narcotic, to wit: hashish.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a record of
conviction in the Criminal Court, Kings County, City of New York
for possession of drugs.
In defense, Appellant made an unsworn statement. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved by plea. He then entered an
order revoking all documents issued to Appellant. | Appeal No. 1899 | Suspension and Revocation Appeals Authority | 12/5/1972 | 12/5/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1818 - BUHELT | By order dated 14 March 1969, an Examiner of the United States
Coast Guard at Boston, Massachusetts, suspended Appellant's
seaman's documents for six months plus three months on eighteen
months' probation upon finding him guilty of negligence and
violation of a statute. The specifications found proved allege
that while serving as master on board F/V CAMBRIDGE under authority
of the license above captioned on or about 25 September 1968,
Appellant:
(1) under the Charge of Violation of a Statute allowed the
vessel to be navigated without a licensed officer on
watch as required by 46 U.S.C. 224a (R.S. 4438A), and
(2) under the Charge of Negligence,
(i) failed to navigate with care, contributing to
a grounding in Salem, Mass., and (ii) negligently navigated while under tow,
contributing to a collision with CG-30430.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charges and
each specification.
The Investigating Officer introduced in evidence the testimony of
one witness who had served aboard CAMBRIDGE as a mate, two
witnesses who served aboard CG-30430, and the Public Works Officer
of the U.S.C.G. Salem Air Station.
In defense, Appellant offered in evidence the testimony of an
official of the company which owns CAMBRIDGE and that of three
persons who had to do with an overhaul of the vessel.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charges and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus three
months on eighteen months' probation. | Appeal No. 1818 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1819 - JOHNSON | By order dated 26 February 1969, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for two months plus four months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a an
AB seaman on boar SS ANDREW JACKSON under authority of the document
above captioned, Appellant:
(1) on 19 November 1968, failed to perform his assigned
duties at Cam Rahn Bay, RVN;
(2) on 4 December 1968, failed to perform duties, was absent
from the vessel without leave, and wrongfully had
intoxicating liquor in his possession at Cam Rahn Bay,
RVN;
(3) on 11 December 1968, was absent from the vessel without leave, failed to perform duties because of intoxication,
and used foul and abusive language to the chief mate,
Manila, R.P.;
(4) on 12 December 1968, failed to perform duties at Manila,
R.P.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of ANDREW JACKSON.
There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus four
months' probation. | Appeal No. 1819 | Suspension and Revocation Appeals Authority | 9/9/1970 | 9/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1820 - BAYLESS | By order dated 5 August 1969, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman's documents for five months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
able seaman on board SS TRANSGLOBE under authority of the document
above captioned, Appellant:
(1) on 24 February 1969 failed to join the vessel at Saigon,
RVN;
(2) on 5 and 7 March 1969 created a disturbance at the
American consulate and used foul and abusive language to
consular officials while at the consulate in connection
with repatriation proceedings; and
(3) on 6 and 8 March 1969 created disturbances at Tan Son
Nhut Airport, RVN. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of TRANSGLOBE and a consular report.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant, for a period of five months from 24
April 1969, plus six months on twelve months' probation. | Appeal No. 1820 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1821 - GIBSON | By order dated 5 November 1969, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS STEEL KING under authority of the document above
captioned, on or about 29 July 1968, Appellant deserted the vessel
at Manila, R.P.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of STEEL KING.
In defense, Appellant testified in his own behalf. At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of three months plus three months
on twelve months' probation. | Appeal No. 1821 | Suspension and Revocation Appeals Authority | 9/16/1970 | 9/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1822 - EVANS | By order dated 6 August 1969, an Examiner of the United States
Coast Guard at Providence, R.I., suspended Appellant's seaman's
documents for one month on nine months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as master on board M/V BLOCK ISLAND under authority
of the license above captioned, on 31 July 1969, Appellant
negligently navigated his vessel so as to cause it to collide with
an anchored vessel, the yacht BONAVENTURE.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony
and that of two other witnesses. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending
Appellant's license for a period of one month on nine months'
probation. | Appeal No. 1822 | Suspension and Revocation Appeals Authority | 9/21/1970 | 9/21/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1823 - TEBO | By order dated 31 October 1969, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an AB seaman on board SS ZOELLA LYKES under authority of
the document above captioned, Appellant:
(1) on or about 30 September 1969, was unable to stand his
12-4 watch by reason of being under the influence of
liquor;
(2) on or about 1 October 1969, absented himself from the
vessel without authority at Nagoya, Japan; and
(3) on or about 2 October 1969, was unable to perform duties
by reason of intoxication when the vessel was "being
shifted from Nagoya and Yokohama, Japan." At the hearing, Appellant elected to act as his own counsel.
The Appellant pleaded not guilty to the first specification; the
Examiner entered pleas of not guilty to the other specifications.
The Investigating Officer introduced in evidence voyage
records of ZEOLLA LYKES. Appellant offered no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of twelve months. | Appeal No. 1823 | Suspension and Revocation Appeals Authority | 10/1/1970 | 10/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1824 - INMAN | By order dated 19 February 1970, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for six months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman on board SS GREEN LAKE under
authority of the document above captioned, Appellant:
(1) on or about 15 May 1969, while the vessel was at a
foreign port, wrongfully failed to perform his assigned
duties;
(2) on or about 20 May 1969, while the vessel was at sea,
wrongfully failed to perform his assigned duties;
(3) on or about 21 May 1969, while the vessel was at a
foreign port, wrongfully failed to perform assigned
duties; and (4) on or about 21 May 1969, wrongfully deserted the vessel
at a foreign port.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of GREEN LAKE.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1824 | Suspension and Revocation Appeals Authority | 10/27/1970 | 10/27/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1825 - PLEASANT | By order dated 25 June 1969, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for six months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an oiler on board SS
MORMACRIO under authority of the document above captioned,
Appellant on 17 March 1969, assaulted and battered by beating with
his fists the third assistant engineer, one Albert J. Renaud while
the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of MORMACRIO and the testimony of two witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus six
months on twelve months' probation. | Appeal No. 1825 | Suspension and Revocation Appeals Authority | 10/30/1970 | 10/30/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1826 - BOZEMAN | By order dated 15 September 1969, an Examiner of the United
States Coast Guard at Tampa, Florida, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board SS HOOSIER STATE under authority of the document above
captioned, on or about 28 May 1966, Appellant, while the vessel was
at sea, assaulted and battered a fellow crew member, Carl POYAS,
with a weapon, to wit, a knife.
At the outset of the hearing at San Francisco, California,
Appellant did not appear but was represented by professional
counsel. Appellant subsequently appeared in Tampa and entered a
plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the
depositions of seven witnesses. In defense, Appellant offered no evidence, in view of his
plea, but made a statement to the Examiner.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1826 | Suspension and Revocation Appeals Authority | 11/13/1970 | 11/13/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1827 - CANDARAS | By order dated 30 April 1968, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
license for six months on twelve months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as master on board SS EVILIZ under authority of the
license above captioned on or about 17 May 1967, Appellant
"wrongfully allowed the said vessel to be overloaded approximately
ten (10) inches when the vessel was preparing to depart the port of
San Francisco, California for a foreign voyage."
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 a Coast guard officer who had examined and boarded the vessel,
a voyage record of EVILIZ, and a copy of the vessel's load line certificate.
In defense, Appellant offered in evidence his own testimony
and that of other witnesses connected with EVILIZ.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all licenses
issued to Appellant for a period of six months on twelve months'
probation. | Appeal No. 1827 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1828 - BALTHROP | By order dated 3 July 1969, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for one month outright plus three months on eighteen
months' probation upon finding him guilty of misconduct. The
specification found proved alleged that while serving as chief cook
on board SS PIONEER MING under authority of the document above
captioned, on or about 6 November 1968, Appellant assaulted and
battered one Eng Siu Po, chief steward of the vessel by striking
him in the mouth two times with his fist, thereby causing bleeding
at the mouth and loosened teeth.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documents. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month outright
plus three months on eighteen months' probation. | Appeal No. 1828 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1829 - DOSS | By order dated 8 October 1969, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for four months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS FRANK LYKES under authority of the
document above captioned, Appellant:
(1) on or about 17 August 1969, at a foreign port, absented
himself from the vessel and his duties;
(2) on or about 21 August 1969, at a foreign port, absented
himself from the vessel and his duties;
(3) on or about 21 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(4) on or about 22 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(5) on or about 23 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(6) on or about 24 August 1969, at a foreign port, failed to
preform his duties between 0001-0800, being under the
influence of alcohol;
(7) on or about 25 August 1969, at sea, failed to stand his
0000-0400 watch, because of being under the influence of
alcohol; and
(8) on or about 26 September 1969, at a domestic port,
wrongfully failed to stand his 0001-0800 watch.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1829 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1830 - PACKARD | By order date 29 December 1969, an Examiner of the United
State Coast Guard at Long Beach, Cal., retokef 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 or about 23 September 1969, Appellant was
"convicted by the U.S. Magistrate, Southern District of California,
of having in [his] possession a quantity of marijuana (narcotic
paraphernalia) in violation of 18 U.S.C. 13 (violation of Section
11555 of Health and Safety Code of State of California)."
At the hearing, Appellant was represented by professional
counsel. A plea of not guilty was entered to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of a complaint and a judgement entered in the United States
District Court for the Southern District of California by the U.S.
Magistrate for that District. In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1830 | Suspension and Revocation Appeals Authority | 1/12/1971 | 1/12/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1831 - CREER | By order dated 10 March 1970, an Examiner of the United States
Coast Guard at New York, N.Y., suspended Appellant's seaman's
documents for nine months plus three months on eighteen months's
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an AB
seaman on board SS OCEANIC TIDE under authority of the document
above captioned, Appellant:
(1) on 8 June 1967, wrongfully and without consent touched
the private parts of another crewmember, one McQueeney,
while the vessel was at Cam Ranh Bay, RVN;
(2) on 3 August 1967, wrongfully threatened to kill
McQueeney, at Kobe, Japan;
(3) on 3 August 1967, wrongfully engaged in mutual combat
with McQueeney at Kobe, Japan;
(4) on 3 August 1967, assaulted and battered McQueeney
with his hands at Kobe, Japan; and
(5) on 3 August 1967, assaulted and battered McQueeney by
choking him at Kobe, Japan.
The ordinary statement of procedure of the hearing is not
appropriate here since Appellant, who was not represented by
counsel, was present for some sessions of the hearing and was not
present for others. The important point is that Appellant,
although on proper notice, was not present when the testimony of
McQueeney was taken, after a plea of not guilty to the charge and
specifications had been entered. Appellant did produce a witness
and testified in his own behalf but in view of the sole ground for
appeal urged the procedure need not be set out in full.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of nine months plus
three months on eighteen months' probation. | Appeal No. 1831 | Suspension and Revocation Appeals Authority | 1/26/1971 | 1/26/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1832 - CABALES | By order dated 30 October 1968, an Examiner of the United
States Coast Guard at New York, New York suspended Appellant's
seaman's documents for nine months outright plus three months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as chief
cook on board SS ALBION VICTORY under authority of the document
above captioned, Appellant:
(1) on 9 and 17 October 1967, at Cam Ranh Bay, RVN,
wrongfully failed to perform assigned duties, and
(2) on 8 November 1967, wrongfully deserted the vessel at
Bataan, P.T., and,
while so serving as cook aboard SS SEATRAIN NEW JERSEY, wrongfully
failed to join the vessel at Manila, P.I. on 24 June 1967. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of both vessels and the testimony, taken by deposition on
oral interrogatories, of the master of ALBION VICTORY. | Appeal No. 1832 | Suspension and Revocation Appeals Authority | 2/23/1971 | 2/23/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1833 - ROSARIO | By order dated 3 January 1970, an Examiner of the United
States Coast Guard at New York, N.Y., revoked Appellant's seaman's
documents upon finding him guilty of use of narcotics. The
specifications found proved allege that Appellant on or about 16
July 1969 and 2 June 1968 was wrongfully the user of a narcotic
drug, to wit, heroin.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of SS INDEPENDENCE and SS ARGENTINA, the testimony of a
male nurse from INDEPENDENCE, and the testimony of two ship's
surgeons, one from INDEPENDENCE and one from ARGENTINA.
In defense, Appellant offered no evidence. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1833 | Suspension and Revocation Appeals Authority | 2/24/1971 | 2/24/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1834 - STOVALL | By order dated 13 May 1969, an Examiner of the United States
Coast Guard at New York, N. Y., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a messman
on board SS SAN JUAN under authority of the document above
captioned, Appellant:
(1) on 22 March 1966, wrongfully had marijuana in his
possession while the ship was at sea; and
(2) on 28 March 1966, wrongfully had marijuana in his
possession when the vessel was at Port Elizabeth, N.J.
At the hearing, Appellant was at one time represented by
professional counsel who elected to withdraw. Appellant entered a
plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence certain
documents, testimony of some witnesses, and depositions of other
witnesses.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1834 | Suspension and Revocation Appeals Authority | 3/2/1971 | 3/2/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1835 - MURRAY | By order dated 17 October 1968, an Examiner of the United
States Coast Guard at Baltimore, Md., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved, some thirty in number, need not be set
forth here in view of the action to be taken in this case.
At the hearing, Appellant elected to act as his own counsel.
The pleas and the evidence need not be discussed.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant.
The entire decision was served on 18 October 1968. Appeal was
timely filed on 15 November 1968. | Appeal No. 1835 | Suspension and Revocation Appeals Authority | 3/26/1971 | 3/26/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1836 - CLOUTIER | By order dated 31 October 1969, an Examiner of the United
States Coast Guard at Baltimore, Maryland, suspended Appellant's
seaman's documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman/watertender on board SS GREEN BAY under
authority of the document above captioned, Appellant:
(1) on 20 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0800;
(2) on 21 September 1969, at Saigon, RVN, failed to perform
his duties from 0000-0800;
(3) on 22 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0800;
(4) on 23 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0400;
(5) on 23 September 1969, at Saigon, RVN, failed to perform
his duties from 1200-1600;
(6) on 23 September 1969, failed to join the vessel at
Saigon, RVN; and
(7) on 24, 25, and 26 September 1969, failed to perform
duties while the vessel was at sea.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification. | Appeal No. 1836 | Suspension and Revocation Appeals Authority | 3/29/1971 | 3/29/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1837 - ARNOLD | By order dated 10 March 1970, an Examiner of the United States
Coast guard at Boston, Massachusetts suspended Appellant's seaman's
documents for three months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an able seaman on board
SS MARYLAND TRADER under authority of the document above captioned,
Appellant on 3 March 1970, failed to join MARYLAND TRADER at Ponce,
Puerto Rico.
At the hearing, Appellant elected to act as his own counsel.
The Examiner entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of MARYLAND TRADER.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months plus six
months on twelve months' probation. | Appeal No. 1837 | Suspension and Revocation Appeals Authority | 4/16/1971 | 4/16/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1838 - FORSYTH | By order dated 12 September 1969, an Examiner of the United
States Coast Guard at New Orleans, La., revoked Appellant's
seaman's documents upon finding him guilty of addiction to the use
of narcotics and incompetence. The specifications found proved
allege that Appellant:
(1) being the holder of the document above captioned was on
30 January 1969 addicted to the use of a narcotic drug
(Charge One), and
(2) while serving as engine maintenance aboard SS CRISTOBAL
on 2 September 1969, under authority of the above
captioned document, incompetent to perform his assigned
duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charges and each specification.
The Investigating Officer introduced in evidence the testimony
of a doctor of the United States Public Health Service.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charges and specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant.
The entire decision was served on 17 September 1969. | Appeal No. 1838 | Suspension and Revocation Appeals Authority | 4/23/1971 | 4/23/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1839 - BRENNAN | By order dated 29 March 1970, an Examiner of the United States
Coast Guard at Corpus Chisti, Texas suspended Appellant's seaman's
documents for two months on twelve months' probation upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as person in charge of the tank barge ALAMO 1200
under authority of the document above captioned, on or about 19 May
1969, Appellant:
(1) wrongfully failed to insure that a person holding a valid
license as master, mate, pilot, or engineer or a
certificate tankerman was on duty to perform transfer
operations, thereby contributing to a marine casualty,
and
(2) wrongfully allowed tank hatches to remain open without
flame screens when not under the supervision of the senior crew members of the crew on duty when ALAMO 1200
was not in a gas free condition, thereby contributing to
a marine casualty.
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 introduce the testimony of five
witnesses.
In defense, Appellant offered in evidence his own testimony
and a letter dated 13 November 1967 signed by the Commander, Eight
Coast Guard District. | Appeal No. 1839 | Suspension and Revocation Appeals Authority | 5/20/1971 | 5/20/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1860 - MCGARRY | By order dated 28 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for eight months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS METAPAN under authority of the
document above captioned, Appellant:
(1) on 13 and 14 December 1968, failed to perform duties at
Yokohoma, Japan, and at sea;
(2) on 14 December 1968, at sea, did "wrongfully turn in
approximately 30 mins. past midnight on your 12-4 A.M.
watch at sea"; and
(3) on 14 December 1968, at sea, wrongfully had in his
possession a 40 oz. bottle containing 8 oz. of whiskey.
Appellant did not appear at the hearing. The Examiner entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of METAPAN and the testimony of one witness.
There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. the Examiner then entered an order suspending all
documents issued to Appellant for a period of eight months. | Appeal No. 1860 | Suspension and Revocation Appeals Authority | 10/8/1971 | 10/8/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1861 - WASKASKI | By order dated 28 January 1969, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for four months outright plus four months' on
twelve months'probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
fireman/watertender on board SS RUTGERS VICTORY under authority of
the document above captioned, Appellant:
(1) on 13 July 1968, at Subic Bay, P.R., failed to obey an
order of the chief engineer to go below and stand his
watch;
(2) on 19 July 1968, at "Jung Taw, R.V.N." [sic] failed to
stand his assigned watch from 1600 to 2400; and
(3) on 15 July 1968, at sea, failed to stand his assigned
watch from 0400 to 0800. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of RUTGERS VICTORY and the deposition of a witness.
Appellant offered no evidence in defense since he did not appear
after the first session of the hearing although given adequate
notice.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of four months outright
plus four months on twelve months' probation. | Appeal No. 1861 | Suspension and Revocation Appeals Authority | 10/12/1971 | 10/12/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1862 - GOLDEN | By order dated 13 November 1970, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's license for one month outright plus five months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
junior chief mate on board SS ACHILLES under authority of the
license above captioned, Appellant:
(1) On or about 4 April 1970, at Drift River, Alaska,...
disobeyed a lawful order of the master by not providing
a hog and sag report;
(2) on or about 6 April 1970, at sea continued to disobey the
lawful order of the master by refusing to turn to and
perform his assigned duties; and
(3) on or about 6, 7, 8, 9, and 10 April 1970 failed to perform his assigned duties.
At the hearing Appellant was respresented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of ACHILLES and the testimony of one witness.
In defense, Appellant offered in evidence voyage records of
ACHILLES and the testimony of two witnesses.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
licenses issued to Appellant for a period of one month plus five
months on twelve months' probation. | Appeal No. 1862 | Suspension and Revocation Appeals Authority | 11/3/1971 | 11/3/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1863 - WOLTERS | By order dated 12 February 1971, an Examiner of the United
States Coast Guard at Detroit, Michigan, suspended Appellant's
seaman's documents for thirty days upon finding him guilty of
negligence. The specification found proved alleges that while
serving as master on board SS SYLVANIA under authority of the
license above captioned, on or about 21 November 1970, Appellant
failed to render assistance to two persons in danger of being lost
in the waters of Amherstburg Channel, Detroit River.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
In defense, Appellant offered in evidence the testimony of certain witnesses and his own testimony.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of thirty days. | Appeal No. 1863 | Suspension and Revocation Appeals Authority | 12/6/1971 | 12/6/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1864 - MOORE | By order dated 6 May 1970, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's document for three months on 12 month's probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an AB seaman on board SS AMERICAN
SCOUT under authority of the document above captioned Appellant:
(1) on 2 and 3 April 1970, when the vessel was at Cat Lai,
RVN, wrongfully failed to perform assigned duties;
(2) on 3 April 1970, wrongfully failed to join the vessel at
Cat Lai, RVN;
(3) on 6 April 1970, at Vung Tau, RVN, failed to perform
duties because of intoxication; and (4) on 13 April 1970, at sea, failed to perform duties
because of intoxication.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of AMERICAN SCOUT.
There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months on 12
months' probation. | Appeal No. 1864 | Suspension and Revocation Appeals Authority | 1/10/1972 | 1/10/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1865 - RAZZI | By order dated 26 May 1970, an Examiner of the United States
Coast Guard at New York, N.Y., suspended Appellant's seaman's
documents for four months outright plus two months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a third
assistant engineer on board SS BIENVILLE under authority of the
document and license above described, on or about 9 April 1970,
Appellant wrongfully absented himself from the engine room and his
duties from about 2000 to 2400 when the vessel was at Genoa, Italy,
and that he wrongfully failed to join the vessel on 10 April 1970
at Genoa, Italy.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence voyage records
of BIENVILLE. There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of four months outright
plus two months on twelve months' probation. | Appeal No. 1865 | Suspension and Revocation Appeals Authority | 1/13/1972 | 1/13/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1800 - PABLO | By order dated 24 October 1969, and Examiner of the United
States Coast Guard at Mobile, Alabama, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an
ordinary seaman on board SS NORTHERN STAR under authority of the
document above captioned, Appellant:
(1) on 11 September 1969, refused to obey an order of the
second mate of the vessel to participate in a fire and
boat drill;
(2) on 28 September 1969, refused to obey an order of the
second mate to take the gangway watch;
(3) on 28 September 1969, assaulted and battered the master
of the vessel by striking with his hands;
(4) on 28 September 1969, used profane and threatening
language to the master; and
(5) on 28 September 1969, created a disturbance on the vessel
by brandishing a fire axe in a dangerous manner.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of NORTHERN STAR and the testimony of the master of the
vessel.
Since Appellant did not appear there was no evidence entered
on his behalf. | Appeal No. 1800 | Suspension and Revocation Appeals Authority | 7/16/1970 | 7/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1801 - HUNTER | By order dated 24 June 1969, and Examiner of the United States
Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's document of four months upon finding him guilty of
misconduct. The specification found proved allege that while
serving as a Wiper on board SS SUE LYKES under authority of the
document above captioned, Appellant:
(1) On 14 April 1969, at a foreign port, wrongfully had
intoxicating liquor in his possession;
(2) on 24 April 1969, at a foreign port, wrongfully had
intoxicating liquor in his possession; and
(3) on 24 April 1969, at a foreign port, failed to perform
duties because of intoxication.
Appellant did not appear at the hearing. The Examiner entered
a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage
records of SUE LYKES.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all document
issued to Appellant for a period of four months. | Appeal No. 1801 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |