| Suspension and Revocation Appeals Authority | 2052 - NELSON | 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 19 December 1974, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three (3) months outright upon
finding him guilty of negligence and misconduct. Under the charge
of negligence the specifications found proved allege that while
serving as pilot aboard the M/V GEORGE PRINCE under the authority
of the license above captioned, on 4 February 1974 Appellant
wrongfully failed to (1) keep out of the way of a privileged vessel
in a crossing situation, (2) timely slacken speed, stop, or reverse
to avoid collision with a privileged vessel in a crossing
situation, (3) keep a proper lookout, and (4) adequately utilize
electronic navigational equipment available to him for the purpose
of effecting a safe passage across the Mississippi River at about
mile 120.7 above Head of Passes, all of which contributed to a
collision between the M/V GEORGE PRINCE and the M/V F. R. BIGELOW
and tow. Under the charge of misconduct the specification found
proved alleges that while serving as pilot aboard the M/V GEORGE
PRINCE under the authority of the license above captioned, on 4 February 1974 Appellant wrongfully failed to sound a one whistle
signal as required by 33 U.S.C. 344, while in a condition covered
by that section. A second specification under the charge of
misconduct, alleging that Appellant failed to sound the danger
signal as required by 33 U.S.C. 344, was found not proved by the
Administrative Law Judge. | Appeal No. 2052 | Suspension and Revocation Appeals Authority | 3/22/1976 | 3/22/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2131 - NUNEZ | 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 19 August 1977, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that while acting under
authority of the license above captioned, Appellant altered the
license by changing the date of issue from 22 February 1972 to 22
February 22 1973.
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 one witness and documents relative to the issuance of license
no. 103934.
In defense, Appellant offered 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. He then entered an order
revoking all documents issued to Appellant.
The entire decision was served on 22 August 1977. Appeal was
timely filed. | Appeal No. 2131 | Suspension and Revocation Appeals Authority | 8/4/1978 | 8/4/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2115 - CHRISTEN | 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 19 August 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
messman on board the SS American Corsair under authority of the
document above captioned, on or about 14 January 1971, Appellant:
(1) wrongfully assaulted the saloon pantryman, Charles G.
Pace, with intent to do harm by setting fire to his
mattress while he was sleeping upon same;
(2) wrongfully threatened to blow up the vessel, said vessel
being the carrier of a cargo of military explosives; and
(3) wrongfully lit matches on the main deck of said vessel
with full knowledge that the vessel was carrying military
explosives, and further, that said actions were
deliberate. A fourth specification that Appellant
wrongfully failed to perform his duties due to intoxication was found not proved.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2115 | Suspension and Revocation Appeals Authority | 3/24/1978 | 3/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2175 - RIVERA | 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 18 May 1977, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's license for one month and for an additional two months
on four months' probation upon finding him guilty of negligence.
The specification of negligence found proved alleges that Appellant
while serving as Pilot aboard SS PONCE DE LEON, under authority of
his license and document, on 7 December 1976 negligently navigated
SS PONCE DE LEON without the use of available tugboats while the
vessel was attempting to negotiate the turn from Army Terminal
Channel to Puerto Nuevo Channel, Bahia de San Juan, Puerto Rico,
thereby contributing to a collision between the PONCE DE LEON and
Puerto Nuevo Terminal Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2175 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2080 - FULTON | 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 18 July 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
NOTRE DAME VICTORY under authority of the license and document
above captioned, on 30 Jaunuary 1975, Appellant did hazard his
vessel by proceeding up the Delaware River in an unsafe manner
without assistance of tugboats when the vessel's ship's service
generator was inoperable and the portable 500 kw generator was
operating in an unreliable manner and there were no immediate
backup ship's service generating capabilities.
A second charge concerning an improper logging was dismissed.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 2080 | Suspension and Revocation Appeals Authority | 10/8/1976 | 10/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2215 - RILEY | 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 17 January 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after a hearing at
Galveston, Texas, on 29 November 1978, suspended Appellant's
license for a period of one month on probation for three months
upon finding him guilty of misconduct. The single specification of
the charge of misconduct found proved alleges that Appellant, while
serving as Master aboard GULF FLEET NO. 22, under authority of the
captioned documents, did, from 10 to 24 November 1978, fail to
comply with the manning requirements as set forth in the vessel's
Certificate of Inspection, to wit: sailing without a licensed
engineer and one able seaman.
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 into evidence the
testimony of one witness and four documents. | Appeal No. 2215 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2212 - LAWSON | 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 17 August 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months outright, plus a
further suspension for six months on twelve months probation, upon
finding him guilty of misconduct. The specification alleged that
while serving as Ordinary Seaman on board SS AMERICAN LIBERTY under
authority of the document above captioned, on or about 29 March
1979, Appellant did wrongfully assault and batter a member of the
crew, Luis A. Lopez, Z-819 077. The lesser included offense of
wrongfully engaging in mutual combat with a member of the crew was
found proved.
The hearing was held at New York, after a change of venue from
Savannah, Georgia, on 4, 6, and 25 April 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2212 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2102 - GABLE | 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 17 August 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and Merchant Marine documents for two months
outright plus six months on twelve months' probation upon finding
him guilty of the charge of "negligence." The specification found
proved alleges that while serving as First Assistant Engineer on
board the United States SS EAGLE LEADER, under authority of the
license and document above captioned, the Appellant "did on or
about 18 March 1976 at approximately 1600 negligently energize the
feedback circuit breaker on the generator switchboard thereby
allowing 440 volts A.C. power from the emergency generator to flow
to the main switchboard in the engine room creating a dangerous
arc, all the while knowing that the main switchboard was disabled
from an electrical casualty the day before and that engineering
personnel were working in the vicinity of the main switchboard
making a survey of the damage." | Appeal No. 2102 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2183 - FAIRALL | 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 17 April 1978, and administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
two specification of the charge of misconduct. The two
specifications of misconduct found proved allege that Appellant,
while serving aboard the SS MAYAGUEZ under authority of the above
captioned document, (1) did, on 6 February 1977, wrongfully use
foul and abusive language towards a superior officer, the Chief
Mate, and (2) did, on 18 February 1977, while said vessel was in
the Port of Keelung, Taiwan, wrongfully assault and batter the
Chief Mate, by kicking him repeatedly.
At the hearing, appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence eight
document including the depositions of two witnesses.
In defense, Appellant offered the testimony of three
witnesses, including his own.
Subsequent to the hearing the Administrative Law Judge
rendered a decision in open hearing in which he concluded that the charge and specification had been proved. He then entered an order
of revocation. | Appeal No. 2183 | Suspension and Revocation Appeals Authority | 2/21/1980 | 2/21/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2041 - SISK | 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 16 May 1975, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for the three months upon finding him guilty of
negligence. The specification as found proved alleges that while
serving as operator of the towboat M/V JOSEPH M. JONES, under
authority of the license above captioned, on or about 26 February
1975, Appellant negligently overtook the M/V T.M. NORSWORTHY and
tow and negligently attempted at Mile 636, Ohio River to pass it
under circumstances involving risk of collision and without the
assent or knowledge of the Pilot of the T.M. NORSWORTHY, which was
then engaged in a difficult and dangerous flanking maneuver to
round a bend under conditions of very high water and strong
currents.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification | Appeal No. 2041 | Suspension and Revocation Appeals Authority | 10/29/1975 | 10/29/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2225 - LAWRENCE | 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 16 March 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida , after a
hearing at Cleveland, Ohio, on 14 February 1979, admonished
Appellant upon finding him guilty of misconduct. The single
specification of the charge of misconduct found proved alleges that
Appellant, while serving as Master aboard M/V SAM LAUD, under
authority of the captioned documents, did, on or about 14 January
1979, while said vessel was in the port of Cleveland, Ohio,
wrongfully fail to give notice of a marine casualty involving his
vessel to the nearest Marine Inspection Office of the Coast Guard,
to wit, Marine Safety Office, Cleveland, Ohio.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The investigation Officer introduced into evidence the
testimony of two witnesses and five documents. | Appeal No. 2225 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2133 - SANDLIN | 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 16 June 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, 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 Master of SS LASH ITALIA under
authority of the license above captioned, on or about 13 March
1976, Appellant neglected and failed to navigate the vessel with
due caution which resulted in grounding of said vessel in Fort
Sumter Channel, Charleston, South Carolina.
A specification of "Misconduct," alleging that Appellant had
wrongfully failed to give notice of that grounding in timely
fashion was dismissed as not proved.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2133 | Suspension and Revocation Appeals Authority | 9/25/1978 | 9/25/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2112 - HOMER | 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 16 December 1976, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts 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 Operator on board the United States
Tug HUDSON under authority of the license above captioned, on or
about 23 August 1976, Appellant navigated his tow in a negligent
manner such as to cause his tow to come in contact with the Long
Island Bridge.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence CG Form 2692
Tug HUDSON, O.N. 249639, C.G. Form 2692 - Crane BARGE NO. 6, and a
copy of U. S. Department of Commerce National Oceanic and
Atmospheric Administration, National Ocean Survey Chart No. 13270 39th Ed., 1 March 1975 of Boston Harbor. LT William MILLER, USCG,
the casualty investigation officer, testified for the Investigating
Officer. | Appeal No. 2112 | Suspension and Revocation Appeals Authority | 11/14/1977 | 11/14/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2093 - BOOHER | 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 16 April 1976, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas revoked
Appellant's seaman documents. The specification found proved
alleges that while serving as a wiper on board the United States SS
OVERSEAS ANCHORAGE under authority of the document above captioned,
on or about 14 December 1975, Appellant wrongfully assaulted and
battered a fellow crew member, Donald Gusis, with a deadly weapon,
to wit, a pipe, while the vessel was at Novorossiysk, USSR.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of the SS OVERSEAS ANCHORAGE; an injury report concerning
Mr. Gusis; sketches of the room occupied by Gusis and Booher; the
weapon allegedly used; the testimony of the victim; and sworn
statements of three crew members. | Appeal No. 2093 | Suspension and Revocation Appeals Authority | 1/28/1977 | 1/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2144 - WILHELMY | 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 15 November 1977, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's License for a period of one month, on
probation for one year, after finding him guilty of a charge of
negligence. The specification found proved alleged that while
serving as Master aboard the United States M/V SAM LAUD, Appellant
did, on 4 July 1976, fail to accurately ascertain the vessel's
position with due care while approaching Buffalo South Entrance
Channel, Lake Erie, resulting in the grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The matter came on for hearing on 12 April 1977. The
Investigating Officer presented as evidence the testimony of
Wilfred J. Short, a mate on watch aboard M/V SAN LAUD at the time
of the incident, as well as documentary evidence. After the | Appeal No. 2144 | Suspension and Revocation Appeals Authority | 1/1/1978 | 1/1/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2097 - TODD | 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 14 May 1976, an Administrative Law Judge of the
United States Coast Guard at Mobile, Alabama suspended Appellant's
seaman document for 6 months outright plus 6 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Oiler
on board the United States SS JAMES LYKES under authority of the
document above captioned, on or about 5 October 1975, Appellant:
(1) wrongfully failed to obey a lawful order of the
vessel's Third Assistant Engineer;
(2) wrongfully struck the Third Assistant Engineer; and,
(3) wrongfully struck the Chief Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2097 | Suspension and Revocation Appeals Authority | 3/7/1977 | 3/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2111 - JENSEN | 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 14 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after hearing held
at Port Arthur, Texas, suspended Appellant's license for two months
plus three months on twelve months' probation upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as chief mate on board the United States
SS TEXACO NORTH DAKOTA under authority of the document and license
above captioned, on or about 2 and 3 October 1973, Appellant
wrongfully failed to supervise the tank cleaning operations in
progress which produced a combustible gas mixture accumulation in
the after pumproom resulting in an explosion and fire while said
vessel was underway in the Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2111 | Suspension and Revocation Appeals Authority | 9/20/1977 | 9/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2190 - RITOLA | 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 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for one month with an additional period of six
months' suspension on twelve months' probation upon finding him
guilty of negligence. The three specifications found proved
alleged that while serving as Third Mate on board the United States
Army Corps of Engineers Dredge CHESTER HARDING, under the authority
of the above captioned license, on or about 12 December 1976,
Appellant failed to sound a whistle signal in reply to the whistle
signal of M/V DON CARLOS; failed to execute a port passage with DON
CARLOS in the absence of an agreement on a starboard passing; and
failed to indicate the intent of his vessel while approaching DON
CARLOS, the first two specifications further alleging that the
failure cited contributed to a collision between the two vessels.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
After the hearing, the Administrative Law Judge rendered a
written opinion in which he concluded that the charge and
specifications had been proved. He then entered an order
suspending Appellant's license for one month with an additional six
month period of suspension on twelve months' probation.
The entire decision was served on 16 February 1979. Appeal
was timely filed and perfected. | Appeal No. 2190 | Suspension and Revocation Appeals Authority | 3/25/1980 | 3/25/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2181 - BURKE | 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 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, after a hearing
at Galveston, Texas, on various dates between 31 May 1977 and 6
January 1978, revoked the captioned documents upon finding
Appellant mentally incompetent. The original specification of
mental incompetence found proved alleges that Appellant, while
serving as second mate aboard SS MISSOURI, on or about 3 November
1973, while the vessel was at sea, was, and presently is, mentally
incompetent to perform the duties for which he holds a license and
document issued by the Coast Guard.
This hearing was conducted pursuant to the order of the
National Transportation Safety Board No. EM-51, 2 NTSB 2784(1976).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2181 | Suspension and Revocation Appeals Authority | 2/11/1980 | 2/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2220 - LAMBERT | 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 14 August 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 8, 24, and 25 May 1979, ordered
Appellant admonished upon finding him guilty of misconduct. The
single specification of the charge of misconduct found proved
alleges that Appellant, while serving as operator aboard tug
NANTICOKE, under authority of the captioned documents, did, on 15
February 1979, while said vessel was under his command, knowingly
transit the Nanticoke River with the barge DEBORAH from Seaford,
Delaware, to Nanticoke River Buoy No. 4 (LLP 410), in violation of
U.S. Coast Guard Captain of the Port of Baltimore order NR 05-79,
during the hours of darkness, and without sufficient horsepower.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2220 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2138 - HARDSAW | 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 13 October 1977, as amended 17 October 1977, an
Administrative Law Judge of the United States Coast Guard at San
Francisco, California suspended Appellant's seaman's documents for
three months upon finding him guilty of negligence. The
specification found proved alleges that while serving as OPERATOR
on board the TUG COLUMBIA, O/N 516116 under authority of the
license above captioned, on or about 15 September 1977, Appellant
did negligently fail to correctly ascertain the height of his tow
prior to attempting to pass under the San Francisco-Oakland Bay
Bridge and as a result of that negligence collided with the Bridge
causing damage to the Bridge and the tow.
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 the unsworn
statements of the Appellant and one witness, and three items of
documentary evidence. | Appeal No. 2138 | Suspension and Revocation Appeals Authority | 11/8/1978 | 11/8/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2083 - SYBIAK | 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 13 February 1975, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as a Third Mate on board the SS TRENTON under
authority of the document and license above captioned, on or about
20 January 1975, Appellant (1) wrongfully failed to perform his
duties by reason of being under the influence of liquor; and (2)
wrongfully failed to perform his duties by departing his station to
wit: the engine order telegraph which was the duly appointed
station.
The hearing was held pursuant to the in absentia
regulations. A plea of not guilty to the charge and each
specification was entered by the Judge.
The Investigating Officer introduced in evidence the testimony
of LCDR Larry J. Balok with respect to what transpired on 24
January 1975 when the charge and specifications were preferred. | Appeal No. 2083 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2187 - CASTLEBERRY | 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 13 April 1979, 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 able seaman on board SS SANTA MARIANA under authority of
the document above captioned, on or about 8 December 1978,
Appellant wrongfully had in his possession at San Francisco,
California, a quantity of cocaine.
The hearing was held at San Francisco, California, from 22 May
to 15 June 1979.
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 three witnesses and certain documents.
In defense, Appellant offered in evidence his own testimony.
After 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 1979. Appeal was
timely filed and perfected. | Appeal No. 2187 | Suspension and Revocation Appeals Authority | 2/25/1980 | 2/25/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2104 - BENSON | 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 12 November 1976, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license for 2 months on 6 months' probation upon
finding him guilty of misconduct. The specifications found proved
alleges that while serving as a crewmember on board the M/V Thomas
C.L. NUGENT while holding license above captioned, on or about 27
August 1976, Appellant wrongfully discharged oily bilge slops into
the navigable waters of the United States, to wit, the Ohio River
near Mile 572.0, causing a sheen upon the water's surface, a
violation of the Federal Water Pollution Control Act, Public Law
92-500 (86 Stat. 816).
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
No evidence was introduced. | Appeal No. 2104 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2085 - RICHARDS | 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 12 March 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
VANTAGE HORIZON under authority of the license above captioned, on
or about 14 December 1975, Appellant, while navigating on
Chesapeake Bay, during conditions of fog and restricted visibility
did wrongfully fail to obtain or properly use information available
to him from radar observations to determine the course and speed of
another vessel detected in his vicinity. A second part of the
specification found not proved and stricken from the specification
prior to Appellant's case in chief was that the error contributed
to a collision between his vessel and M/V DAEYANG PROSPERITY.
A second specification alleging that Appellant did wrongfully
fail to navigate his vessel with caution was found not proved.
A third specification alleging that Appellant did wrongfully
fail to navigate his vessel at a moderate speed was also found not proved. | Appeal No. 2085 | Suspension and Revocation Appeals Authority | 11/24/1976 | 11/24/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2177 - HOMER | 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 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 20 April 1978, suspended
Appellant's license for a period of two months and further
suspended it for one month on probation for 12 months. The two
specifications of the charge of negligence found proved allege (1)
that Appellant, while serving as Master aboard Tug KING PHILIP,
under authority of the captioned documents, did on 1 April 1978,
attempt to transit Cape Code Canal without assessing properly the
effects that the tidal current in the Canal would have on his
vessel and its tow, Tank Barge RHODE ISLAND; and (2) in that
Appellant, while serving as aforesaid, did ground the Tank Barge
RHODE ISLAND; and on the northern edge of Cape Cod on 1 April 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2177 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2100 - COLEMAN | 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 12 July, 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month outright plus two months on four
months's probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Chief
Engineer on board the United States SS AMERICAN EAGLE under
authority of the license above captioned, on or about 19 February
1976, Appellant was negligent in his duties, which resulted in a
spillage of fuel oil into Corpus Christi Harbor, Coastal States
Petrochemical Company Dock, Nueces County, Texas, to wit: allowing
the starboard settling tank to overflow.
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 three witnesses and pertinent documentary materials. | Appeal No. 2100 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2087 - MOURIKIS | 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 12 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three months' probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as
Master on board the SS CONNECTICUT under authority of the document
and license above captioned, on or about 15 June 1975, Appellant
did neglect to take the necessary precautious required by the
ordinary practice of seamen (Article 29, Inland Rules of the Road),
to wit: attempt to navigate a light vessel in a restricted channel
during unfavorable weather, thereby causing a collision with the
(Liberian) M/V ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2087 | Suspension and Revocation Appeals Authority | 12/17/1976 | 12/17/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2129 - RENFRO | 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 11 May 1977, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for four months outright plus four months on
eight months's probation upon finding him guilty of negligence.
The specifications found proved allege that while serving as
operator of the towboat MISS SYLVIA under authority of the license
above captioned, on or about 8 July 1976, Appellant:
(1) failed to keep out of the way in a crossing situation of
the downbound vessel SEA HARMONY at New Orleans in the
Mississippi River;
(2) negligently entered the Mississippi River with his tow
without regard to "existing traffic," "causing a
collision between the tow and SEA HARMONY;" and
(3) negligently cause a medium "oil pollution spill" and
damage to SEA HARMONY
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each specification. | Appeal No. 2129 | Suspension and Revocation Appeals Authority | 7/27/1978 | 7/27/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2132 - KEENAN | 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 11 January 1971, 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 in a hearing held at Corpus Cristi, Texas, on 21
December 1970. The specification found proved alleges that while
serving as able seaman on board the United States SS OVERSEAS
PROGRESS under authority of the document above captioned, on or
about 18 December 1970, Appellant wrongfully engaged in acts of
sexual perversion with two other (named) members of the crew of the
vessel.
At the hearing, Appellant was represented by professional
counsel and pleaded guilty to the charge and specification.
The Administrative Law Judge warned Appellant of the
seriousness of the misconduct charged but Appellant, with
concurrence of counsel, persisted in the plea.
The Investigating Officer made a statement as to the facts as
to which evidence was available and Appellant, through counsel,
pleaded for leniency on the grounds that he was intoxicated at the
time of the occurrences. | Appeal No. 2132 | Suspension and Revocation Appeals Authority | 9/13/1978 | 9/13/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2053 - STEPHENS | 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 October 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as able
bodied seaman on board the M/V PRESQUE ISLE under authority of the
document above captioned, on or about 26 June 1975, Appellant was
wrongfully absent from his vessel and duties, assaulted and
battered the master on two separate occasions, and disobeyed a
lawful order of the master on two separate occasions.
As the hearing was held in absentia, the
Administrative Law Judge entered a plea of not guilty to the charge
and each specification.
The Investigating Officer introduced in evidence the oral
testimony of two witnesses, and affidavit of service, and pertinent
extracts form the vessel's logbook and articles of agreement. | Appeal No. 2053 | Suspension and Revocation Appeals Authority | 4/21/1976 | 4/21/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2229 - KELLEY | 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 November 1977, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's license for six months upon finding him
guilty of negligence. The specification found proved allege that
while serving as master on board the United States M/V VINCENT
TIBBETTS, under authority of the license above captioned, on or
about 10 August 1977, Appellant:
(1) failed properly to navigate the vessel between Long
Island and Portland Harbor, Maine, with a resultant
grounding of the vessel on Cow Island;
(2) did "fail to notify U.S. Coast Guard Personnel about
the grounding on Cow Island on or about 10 August 1977",
and
(3) failed to maintain a proper-lookout.
The hearing was held at Portland, Maine, on 17 August 1977. | Appeal No. 2229 | Suspension and Revocation Appeals Authority | 8/18/1980 | 8/18/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2194 - HARTLEY | 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 1 September 1978, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended the above captioned license and document for one month on
twelve months' probation upon finding Appellant guilty of
negligence. The specification found proved alleged that while
serving as operator aboard M/V BUCCANEER under authority of the
captioned documents, on or about 0945, 9 August 1978, Appellant did
operate BUCCANEER off Boothbay Harbor, Maine, in a manner to
endanger life, limb and property in proceeding to pass close aboard
at excessive speed the lobster boat SUZIE B, ME 2005A, endangering
life, limb and property of Charles Brewer.
The hearing was held at Portland, Maine on 24 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 the testimony
of one witness and three exhibits.
In defense, Appellant offered the testimony of one witness and
an exhibit which was made a part of the record solely for use in
mitigation if the charge were found proved. | Appeal No. 2194 | Suspension and Revocation Appeals Authority | 3/26/1980 | 3/26/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2092 - KOKINS | 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 1 July 1976, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Able
Seaman on board the SS OGDEN CHALLENGER under authority of the
document above captioned, on or about 13-18 August 1975, Appellant
did wrongful use foul and disrespectful language and gestures to
the Chief Officer, did wrongfully disobey a lawful order of the
Chief Officer, did on three occasions wrongfully fail to perform
regularly assigned duties, and did wrongfully fail to join his
vessel upon her departure from Alexandria, Egypt, on 18 August
1975.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence a certified
extract from the Shipping Articles of the SS OGDEN CHALLENGER,
excerpts of the Official Log Book and the Mate's Log Book, the
depositions of the Master and Chief Mate of the vessel, and a copy
of a message from the American Embassy of Cairo, Egypt. | Appeal No. 2092 | Suspension and Revocation Appeals Authority | 1/28/1977 | 1/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2044 - ZOLEZZI | 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 and decision dated 27 June 1975, an Administrative
Law Judge of the United States Coast Guard at Long Beach,
California, suspended Appellant's license and all other merchant
mariner's documents for three months on 12 months' probation upon
finding him guilty of the charge of "violation of a statute." The
specification found proved alleges that while serving as Master on
board the F/V MARY ANTOINETTE, O/N 523763, a vessel of over 200
gross tons, under authority of the license above captioned, from 15
April 1975 to 16 May 1975, Appellant did willfully employ or engage
to perform the duties of mate aboard that vessel, a person or
persons not licensed to perform such duties in violation of 46
U.S.C. 224a, for a fishing voyage on the high seas which began in
Acajutla, El Salvador on 15 April 1975 and terminated on 16 May
1975 in San Diego, California. | Appeal No. 2044 | Suspension and Revocation Appeals Authority | 12/22/1975 | 12/22/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2224 - HUGHES | 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 14 November 1979, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's documents outright for three months, plus
three additional months for violation of probation imposed in a
prior proceeding, upon finding him guilty of negligence. The
specifications found proved alleged that while serving as Pilot on
board the M/V CHIGUSA MARU under authority of the license above
captioned, on or about 6 July 1979, while said vessel was enroute
from San Francisco Bay to Pittsburgh, California, Appellant: (1)
failed to maintain control of said vessel, resulting in its
grounding; and (2) failed to maintain control of said vessel,
resulting in a collision with and destruction of an established
U.S. aid to navigation.
The hearing was held at San Francisco on 27 September and 3,
4, 5, and 31 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specifications. | Appeal No. 2224 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2058 - SEARS | 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
and 3
By order dated 21 October 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman documents for three months plus six months on
twelve months' probation upon finding him guilty of misconduct and
negligence. The specifications found proved allege that while
serving as an operator on board the uninspected towing vessel
MAUREEN MORAN under authority of the document and license above
captioned, on or about 20 September 1975, Appellant:
(1) wrongfully absented himself from the wheelhouse for a
period of approximately 15 minutes, leaving the
responsibilities of navigation of the vessel and its tow
to an unlicensed deckhand, thereby contributing to a
collision between the tow and a pier, and
(2) failed to post a proper lookout, notwithstanding the fact
that the vessel was being navigated from the lower wheelhouse and the light barge in tow alongside to port
partially obstructed vision from the wheelhouse on the
port side, thereby contributing to the collision.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification of
misconduct and not guilty to the charge and specification of
negligence. | Appeal No. 2058 | Suspension and Revocation Appeals Authority | 5/10/1976 | 5/10/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2037 - SABO | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 137.30,
now 5.30.
By order dated 8 January 1975, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
A.B. on board the United States SS FREDERICK LYKES under authority
of the document above captioned, Appellant;
(1) did on or about 24 September 1974, while said
vessel was in the port of Malili, Indonesia, wrongfully
have intoxicating liquor in his possession;
(2) did on or about 7 October 1974, while said
vessel was in the Port of Bangkok, Thailand, wrongfully
fail to perform his duties; | Appeal No. 2037 | Suspension and Revocation Appeals Authority | 9/23/1975 | 9/23/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2025 - ARMSTRONG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulation
137.30-1, now 5.30-1.
By order dated 12 September 1974, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman documents for one month on three months'
probation and revoked his operator's license outright upon finding
him guilty of misconduct. The specifications found proved alleges
that, on or about 11 1973, Appellant wrongfully, knowingly, and
fraudulently submitted and signed a false application for an
original towboat operator's license at the USCG Marine Safety
Office, Norfolk, Virginia, to wit: Appellant indicated on said
application that he never had been convicted by any court including
a military court, for any offense other than a minor traffic
violation when in fact he had a past history of several major
criminal convictions before different state courts.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2025 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2121 - GIBBLE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code Federal Regulations 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as ordinary
seaman on board the United States SS ARCO PRESTIGE under authority
of the document above captioned, on or about 20 March 1977,
Appellant, while the vessel was at sea did wrongfully have in his
possession certain narcotics, to wit, marijuana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and seven exhibits.
In defense, Appellant offered in evidence his own testimony
and the testimony of one witness.
On 11 May 1977 the Judge rendered a written decision in which
he concluded that the charge and the specification had been proved.
He then entered an order revoking all documents issued to
Appellant.
The entire decision and order was served on 14 May 1977. | Appeal No. 2121 | Suspension and Revocation Appeals Authority | 5/23/1977 | 5/23/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2130 - BARTLOW | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code Federal Regulation 5.30-1.
By order dated 28 July 1977, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina,
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a steward
utility on board SS AMERICAN RANGER under authority of the document
above captioned, on or about 20 June 1977, Appellant wrongfully
used abusive and profane language toward the vessel's First
Assistant Engineer, Joseph Czarnecki. A second specification that
Appellant wrongfully assaulted the First Assistant Engineer by
brandishing his fist in a threatening manner and offering to
inflict bodily harm was found not proved.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence relevant
extracts of the ship's log, and the testimony of Joseph Czarnecki
and Lawrence J. Grembocki. | Appeal No. 2130 | Suspension and Revocation Appeals Authority | 7/28/1978 | 7/28/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2265 - CAREY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1980, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's merchant mariner's document and all other valid Coast
Guard documents for three (3) months on six (6) months' probation,
upon finding him guilty of wrongful failure to join his vessel.
The specification found proved alleges that while serving as able
bodied seaman aboard SS BEAVER STATE under authority of the
document above captioned, on 24 November 1978, Appellant wrongfully
failed to join his vessel off Labuan, Malaysia.
The hearings were held at Long Beach, California, on 11
December 1979, and 8 January, 20 March and 11 April 1980.
At the hearings on 11 December 1979 and 11 April 1980,
Appellant appeared pro se, having been advised of his right
to be represented by counsel of his choice and having waived this
right at the hearing on 11 December 1979. At the hearing on 8
January 1980, the disposition of John Manning was taken on behalf
of Appellant without Appellant or counsel present. At the brief
hearing on 20 March 1980, the proceedings were continued, at
Appellant's prior request, to 11 April 1980. At the hearing on 11
December 1979, Appellant had entered a plea of not guilty to the
charge and both specifications. | Appeal No. 2265 | Suspension and Revocation Appeals Authority | 9/10/1981 | 9/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2237 - STRELIC | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 5.30-1.
By order dated 17 September 1979, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's license number 388 977 and all other valid
Coast Guard licenses issued to Appellant for three (3) months on
twelve (12) month's probation, upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Master on board SS AMOCO CONNECTICUT, under authority of
the license and document above captioned, on or about 20 December
1978, Appellant negligently failed to ensure that the vessel's
position was fixed and plotted on a chart of the area, Narragansett
Bay, which is a part of the navigable waters of the United States.
The hearings were held at Providence, Rhode Island, on 16
January, 13 March, 22 May and 10 July 1979.
At the hearings, Appellant was represented by counsel, and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence an Affidavit of Service of the Charge Sheet; Charts of Narragansett Bay (No.
13223), Martha's Vineyard (No. 13218), and Providence River (No.
13224); the testimony of LT William J. Morani; the deposition of
Francis J. Smith, Second Mate; and log entries of the AMOCO
CONNECTICUT for 19 and 20 December 1978. | Appeal No. 2237 | Suspension and Revocation Appeals Authority | 2/26/1981 | 2/26/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2344 - KOHAJDA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By Order dated October 1982, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland revoked
Appellant's seaman's document upon finding him guilty of
misconduct.
The specifications found proved that while serving as ordinary
seaman on board the SS PENNY under the authority of the above
captioned document, while the vessel was at the Port of Tamatave,
Madagascar, Appellant did:
(1) On or about 0500 on 11 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(2) On or about 0500 on 16 Dec 1981, fail to perform his
assigned duty of opening cargo hatches;
(4) On or about 1300 and 1330 on 18 Dec 1981, fail to perform
his assigned duty as gangway watch, and was discovered aft of
the liverpool house out of sight of the gangway;
(5) On or about 0000 to 0050 on 25 Dec 1981, fail to perform
his assigned duty as gangway watch;
(6) On or about 0230 and 0430 on 25 Dec 1981, fail to perform
his duty as gangway watch in that he was found asleep in the crew's messroom;
(8) On or about 30 Dec 1981, assault and batter with his
fists the vessel's Master, and threaten to kill said Master;
(9) On or about 30 Dec 1981, assault the Chief Mate by
threatening to kill him. | Appeal No. 2344 | Suspension and Revocation Appeals Authority | 3/28/1984 | 3/28/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2255 - BASIR | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated October 10, 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for 2 months, plus 4 months on 12
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Able
Seaman on board SS DELTA BOLIVIA under authority of the document
above captioned, on or about 2 December 1978, Appellant failed to
perform his duties because of intoxication; failed to obey direct
orders of the Third Mate and of the Chief Mate; wrongfully consumed
alcoholic beverages aboard DELTA BOLIVIA, and used foul and abusive
language toward the Third Mate.
The hearing was held on 15 February, 3 and 5 April, 11, 14,
and 29 May, and 11 and 28 June 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer submitted three exhibits and the
sworn testimony of four witnesses.
In defense, Appellant submitted eight exhibits and his own
testimony. | Appeal No. 2255 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/9181 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2324 - AMATAGA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Alameda, California revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board the SS SANTA MARIA under the
authority of the captioned document, on 20 October 1981, Appellant
wrongfully possessed marijuana.
The hearing was held at San Francisco, California on 6
January, 29 January, 4 February, 24 March and 5 April 1982.
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 four
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence the testimony of one
witness.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved and entered an order revoking all documents issued to Appellant.
The Decision and Order was served on 12 July 1982. Appeal was
timely filed on 28 July 1982 and perfected on 7 April 1983. | Appeal No. 2324 | Suspension and Revocation Appeals Authority | 9/16/1983 | 9/16/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2245 - ROBINSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 27 February 1980, and Administrative Law Judge
of the United States Coast Guard at New York, New York, after
hearings at New York, New York, on 29 November and 18 December
1978, and on 24 January, 14 February, 14 March, 9 May, 4 and 27
June, 9 and 16 July, 17 August, 19 September, and 7, 19 and 26
November 1979, revoked the captioned document upon finding
Appellant guilty of misconduct. The single specification of the
charge of misconduct proved, alleges that Appellant, while serving
as Fireman/Watertender aboard USNS ANDREW MILLER, under authority
of his duly issued Merchant Mariner's Document, did, at or about
2400, 12 March 1975, at Yokosuka, Japan, while said was in the port
of Yokosuka, Japan, wrongfully have in his possession certain
narcotics to wit, heroin.
Appellant appeared and was represented by counsel. No formal
arraignment was held and no plea appears on the record of any of
the hearings. It is clear that the proceedings were conducted as
if a "not guilty" plea had been entered. Appellant was fully
advised of the charges and specifications against him and of his rights. As in Decision on Appeal No. 867, there was no
prejudice to Appellant because the hearing was conducted as though
a plea of "not guilty" had been entered. | Appeal No. 2245 | Suspension and Revocation Appeals Authority | 4/29/1981 | 4/29/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2141 - WADDY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 239b, and Title 46 Code of Federal
Regulations 5.20-1.
By order dated 31 October 1977, 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 and of the charge of "conviction for a narcotic drug law
violation." The specifications of misconduct found proved allege
that while serving as a pantryman on board the United States SS
PRESIDENT MONROE under authority of the document above captioned,
on or about 15 July 1977, Appellant assaulted and battered with his
fists one Keichi Kakuda, a waiter aboard the vessel, and on 20 July
1978, disobeyed a lawful order of the chief steward by entering a
passenger area of the vessel outside working hours.
The specification under 46 U.S.C. 239b alleged that Appellant
had been, on 9 July 1974, convicted in the Municipal Court of Los
Angeles County, California, of violation of section 11357 of the
Health and Safety Code, involving possession of marijuana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to each charge and each
specification. | Appeal No. 2141 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2113 - HINDS | 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 28 January 1977, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's licenses for 1 month outright plus 2 months on
6 months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as
Master/First Class Pilot on board the United States SS SPARTAN
under authority of the license above captioned, on or about 12
August 1976, Appellant:
(1) wrongfully failed to obtain or properly use information
available from radar observations, for the purpose of
determining the safe course into Ludington Harbor,
Michigan.
(2) wrongfully failed to reduce the speed of his vessel
during conditions of fog and restricted visibility. | Appeal No. 2113 | Suspension and Revocation Appeals Authority | 2/28/1978 | 2/28/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2077 - FARMER | 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 17 January 1969 a Hearing Examiner, (now
Administrative Law Judge) of the United States Coast Guard at San
Francisco, California, revoked Appellant seaman's document upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a fireman/watertender on board the
United States SS YOUNG AMERICA under authority of the document
above captioned, on or about 11 August 1967, Appellant was
wrongfully and unlawfully in possession of marijuana, a legally
defined narcotic drug.
Appellant did not enter an appearance at the hearing, after
due notice of the time and place thereof. The Judge entered a plea
of not guilty to the charge and specification in Appellant's
behalf. Appellant was not represented by counsel, but had been
notified of his right to such representation. | Appeal No. 2077 | Suspension and Revocation Appeals Authority | 9/24/1976 | 9/24/1976 | | 12/21/2017 |