| Suspension and Revocation Appeals Authority | 1802 - PEREZ-MARTINEZ | By order dated 22 May 1969, an Examiner of the United States
Coast Guard at Portsmouth, Virginia, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
fireman/watertender on board SS OVERSEAR ANNA under authority of
the document above captioned, on or about 4 April 1969, at sea,
Appellant:
(1) assaulted the master of the vessel by pushing him
with his hands, and
(2) assaulted the chief mate of the vessel by grabbing
him around the neck.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage records of OVERSEAS ANNA, and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony
and that of an eyewitness, his roommate.
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 revoking all documents
issued to Appellant. | Appeal No. 1802 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1803 - PABON | By order dated 17 October 1969, an Examiner of the United
States Coast Guard at Mobile, Alabama, suspended Appellant's
seaman's documents for three months on twelve months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a fireman/watertender on board
SS GULF MERCHANT under authority of the document above captioned,
on or about 4 October 1969, Appellant wrongfully engaged in a fight
with another crew member, Julius Martinez, while the vessel was at
sea.
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 Martinez and voyage records of GULF MERCHANT.
In defense, Appellant testified in his own behalf.
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 three months on
twelve months' probation. | Appeal No. 1803 | Suspension and Revocation Appeals Authority | 7/21/1970 | 7/21/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1804 - SOUZA | This appeal is taken in accordance with 46 CFR 137.25-15 from
an order of an Examiner at Long Beach, California, dated 1 October
1969, denying Appellant's petition to reopen a hearing terminated
by the Examiner's decision dated 25 September 1969, served on 26
September 1969. The petition to reopen the hearing tolled the
running of the 30 day period for filing appeal. 46 CFR
137.25-10(i). The petition was correctly addressed to the Examiner
who heard the case because no notice of appeal from his decision
had been filed. 46 CFR 137.25-1(b).
In considering this appeal from the Examiner's denial of the
petition to reopen, I will consider only the issue raised by the
petition. 46 CFR 137.25-15(a).
The hearing in this case was held with Appellant appearing
without counsel, after proper advice as to his right to counsel.
Two persons testified at the hearing, one a witness for the
Investigating Officer, the other Appellant himself in his own
behalf.
The petition to reopen submitted to the Examiner provided two
affidavits, one from the Investigating Officer's witness, and one from Appellant himself. There is an appearance that the affidavit
from the Investigating Officer's witness is in some respects
different from the testimony given before the Examiner.
It is obvious that Appellant's affidavit cannot contain newly
discovered evidence. What Appellant knows and can testify to now
he knew and could have testified to at the time of hearing. The
proferred testimony, by way of affidavit, of the witness who
appeared at the hearing, is said to be "newly discovered evidence"
because it was elicited only after "proper interrogation by an
attorney," while Appellant was unable to elect the answers at
hearing before the Examiner because he was not an attorney. | Appeal No. 1804 | Suspension and Revocation Appeals Authority | 7/24/1970 | 7/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1805 - MEYER | By order dated 27 January 1969, an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seamen's
documents for three months on twelve months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as master of SS TAMARA GUILDEN under authority
of the document and license above captioned, on or about 9 July
1967, Appellant, at Freeport, Grand Bahamas Island, wrongfully
entered in the log book false draft and load line readings.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of TAMARA GUILDEN and computations based thereon, and the
load line certificate. In defense, Appellant offered no evidence, but submitted to
the Examiner, after the hearing had closed, certain letters which
had no relevance to the charge found proved.
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 on
twelve months' probation. | Appeal No. 1805 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1806 - FAULK | By order dated 12 March 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 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 SAN MATEO VICTORY under authority of
the document and license above captioned, on or about 21 February
1966, Appellant, while the vessel was at Nha Be, RVN:
1) assaulted and battered the master of the vessel with his
fists;
2) used foul and abusive language to the master;
3) assaulted and battered the second mate with his fist;
4) threaten the chief engineer with bodily harm;
5) created a disturbance aboard the vessel while in an
intoxicated condition; and
6) absented himself from the vessel without leave.
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 SAN MATEO VICTORY and the testimony of two witnesses
taken by deposition on written interrogatories.
In defense, Appellant offered in evidence the testimony of one
witness taken by deposition on written interrogatories and his own
testimony. | Appeal No. 1806 | Suspension and Revocation Appeals Authority | 6/29/1970 | 6/29/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1807 - ZEMIS | By order dated 22 November 1968, an Examiner of the United
States Coast Guard at New York, New York suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as boatswain
on board SS AFRICAN STAR under authority of the document above
captioned, Appellant:
(1) on 17 July 1968, failed to perform duties at
Papeete and on departure therefrom;
(2) on 16 August 1968, failed to perform duties at
Freemantle, Australia; and
(3) on 4 September 1968, failed to perform duties at
Sydney, Australia. 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 AFRICAN STAR.
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 plus
three months on twelve months' probation. | Appeal No. 1807 | Suspension and Revocation Appeals Authority | 7/10/1970 | 7/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1808 - DAVIS | By order dated 30 September 1964, an Examiner of the United
States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a plumber/machinist on board SS FLYING CLOUD under
authority of the document above captioned, on or about 11 September
1964, Appellant had marijuana in his possession, at San Francisco,
California.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
Because of the disposition to be made of this case, no
discussion of evidentiary matters is needed.
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 on counsel on 5 October 1964.
Appeal was timely filed on 27 October 1964 and perfected on 9 March
1965. Because of administrative error, Appellant's Merchant Marine
Document was not picked up, and hence his appeal was not
"processed" until 18 April 1969. | Appeal No. 1808 | Suspension and Revocation Appeals Authority | 4/20/1970 | 4/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1809 - YOUNG | By order dated 17 April 1969, an Examiner of the United States
Coast Guard at Jacksonville, Florida, after a hearing held at
Miami, Florida, suspended Appellant's seaman's documents for one
month plus two months on eighteen months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while that while serving as a saloon messman on board SS P. C.
SPENCER under authority of the document above captioned, on or
about 10 April 1969, Appellant disobeyed a lawful order of the
master to call the vessel's steward.
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 SS P. C. SPENCER and stipulated recorded testimony of
certain 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 specification had been
proved and then entered an order suspending all documents issued to
Appellant for a period of one month plus two months on eighteen
months' probation. | Appeal No. 1809 | Suspension and Revocation Appeals Authority | 8/6/1970 | 8/6/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1810 - HAUSER | By order dated 28 August 1969, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, 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 oiler on board SS DEL SUD under authority of the
document above captioned, Appellant:
1) was absent from the vessel and his duties without
authority at Abidhan, West [sic] Africa on 1 July 1969,
and
2) wrongfully left his station and his duties in the engine
room at sea on 16 August 1969.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification. At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1810 | Suspension and Revocation Appeals Authority | 8/20/1970 | 8/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1811 - TURNER | By order dated 25 August 1969, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for one month outright plus two months on eight
months' probation upon finding him guilty of misconduct. The
specifications found proved alleged that while serving as an
ordinary seaman on board SS MORMACBAY under authority of the
document above captioned, Appellant:
1) on or about 7 July 1969, at sea, wrongfully and without
permission had in his possession a dangerous weapon, a
410 gauge pistol-shotgun, manufacturer "Boito."
2) on or about 3 July 1969, at sea, used "wrongful" language
to the chief mate by saying to him, "If any accident,
such as a mashed hand or crushed finger, happens to me,
you better curl up and die. That will happen."
At the hearing, Appellant elected to act as his own counsel. specification.
The Investigating Officer introduced in evidence the testimony
of the chief mate and certain voyage records of MORMACBAY.
In defense, Appellant offered in evidence his own testimony
and a record he had made of an injury suffered aboard the vessel.
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 one month outright
plus two months on eight months' probation. | Appeal No. 1811 | Suspension and Revocation Appeals Authority | 8/20/1970 | 8/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1812 - VELAZQUEZ | By order dated 25 June 1969, an Examiner of the United States
Coast Guard at New York, New York revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a night
steward on board SS SANT NARIANA under authority of the document
above captioned, Appellant:
(1) on 30 August 1968, when the vessel was at Bonaventura,
Chile assaulted a member of the crew, one Jack Beilenson,
with a knife;
(2) on 12 September 1968, when the vessel was at Cartagena,
Columbia, assaulted by beating a member of the crew, one
Salvador Amador; and
(3) at the same time and place assaulted and battered Amador
with a dangerous weapon by cutting him with a knife. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and certain voyage records of SANTA MARIANA.
In defense, Appellant offered in evidence his own testimony
and that of two other witnesses. | Appeal No. 1812 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1813 - JEWELL | By order dated 22 November 1967, an Examiner of the United
States Coast Guard at Baltimore, Maryland, revoked Appellant's
license upon finding him guilty of misconduct. The specifications
found proved allege that while serving as chief mate on board SS
FAIRISLE under authority of the document and license above
described, on or about 16 October 1967, Appellant, while the vessel
was at Qui Nhon, R.V.N.:
(1) failed to perform duties in connection with preparing the
vessel for sea, by reason of intoxication;
(2) showed insubordination to the master by the use of
vulgar, abusive, and threatening language; and
(3) refused to obey an order of the master to stay off the
deck and remain in his quarters.Appellant did not appear for 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 FAIRISLE and the testimony of the master.
There was no evidence for Appellant
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
Appellant's license. | Appeal No. 1813 | Suspension and Revocation Appeals Authority | 8/19/1970 | 8/19/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1814 - CRUZ | By order dated 16 October 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months outright plus three 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 SANTA MERCEDES under authority of
the document above describe, on or about 16 August 1967, Appellant,
at Guayaquil, Ecuador:
(1) assaulted and battered one Manuel Moreira, another
crewmember, and
(2) created a disturbance aboard the vessel by using loud
language to local police officers who had been called to
the vessel.
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 SANTA MERCEDES.
There was no defense.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months outright plus three months on twelve months'
probation. | Appeal No. 1814 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1815 - MCKAIL | By order dated 3 December 1969, an Examiner of the United
States Coast Guard at Portsmouth, Virginia, suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as third assistant engineer on board SS
PLYMOUTH VICTORY under authority of the document and license above
captioned, Appellant:
(1) on 26 October 1969, at Kawaihae, Hawaii, failed to stand
his 1600-2400 watch;
(2) on 10 November 1969, while the vessel was transiting the
Panama Canal, failed to obey a lawful command of the
Chief Engineer to assist in the fire room at a time of
engineering difficulties; and
(3) on 10 November 1969, while the vessel was transiting the Panama Canal, used profane language toward the Chief
Engineer.
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 PLYMOUTH VICTORY and the testimony of three witnesses.
There was no defense.
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 on twelve
months' probation. | Appeal No. 1815 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1816 - MONSEN | By order dated 6 September 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct and negligence. The
specifications found proved allege that while serving as master on
board MV MYSTIC SUN under authority of the document and license
above captioned, on or about 17 March 1967, Appellant
(I) was Negligent in that he:
(1) failed to keep out of the way of a privileged
vessel in a crossing situation;
(2) crossed ahead of a privileged vessel in a crossing
situation; and (3) failed to slacken speed, stop, or reverse to avoid
collision with a privileged vessel in a crossing
situation; and
(4) failed to maintain a proper lookout; and
(II) committed an act of Misconduct by sounding a
"cross-signal" in a crossing situation by answering
a one-blast signal by a privileged vessel with a
two-blast signal.
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 many
documents, and the testimony of the mate of SAMUEL H. HERRON and
the quartermaster of MYSTIC SUN.
In defense, Appellant offered in evidence many documents, his
own testimony and, on recall, the testimony of the quartermaster of
MYSTIC SUN and the mate of HERRON. | Appeal No. 1816 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1817 - PUCKETT | By order dated 28 October 1968, an Examiner of the United
States Coast Guard at San Francisco, California 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 allege that while serving as a
fireman/watertender on board SS ST AUGUSTINE VICTORY under
authority of the document above captioned, Appellant:
(1) on 23 September 1968, failed to perform duties because of
intoxication at Sattahip;
(2) on 24 and 25 September 1968, failed to perform duties
because of intoxication while at sea;
(3) on October 1968, failed to perform duties because of
intoxication while at sea; and (4) on 4 October 1968, failed to perform duties because of
intoxication while at sea; and
(5) on 5 and 6 October 1968, failed to perform duties because
of intoxication at Da Nang.
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 ST AUGUSTINE VICTORY and the testimony of the vessel's
chief engineer.
There was no defense. | Appeal No. 1817 | Suspension and Revocation Appeals Authority | 9/9/1970 | 9/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1902 - NEWBROUGH | By order dated 3 June 1970, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as First Assistant Radio Officer on board the SS
PRESIDENT CLEVELAND under authority of the document and license
captioned, Appellant, while the vessel was at sea,
(1) due to intoxication, wrongfully failed to stand a watch
on 25 July 1969;
(2) on 25 July 1969 wrongfully telephoned the Master who had
retired for the evening;
(3) on 25 July 1969 wrongfully entered and remained in the
Economy class Passenger Lounge area;
(5) on 25 July 1969 wrongfully refused to obey a lawful order
of the Chief Officer to leave that area;
(6) on 25 July 1969 wrongfully entered and remained on the
Economy class Passenger Promenade Deck;
(7) on 25 July 1969 wrongfully failed to obey a lawful order
of the Chief Officer to leave that area and had to be
forcibly removed;
(8) on 25 July 1969 wrongfully possessed in his room
intoxicating beverages;
(9) on 25 July 1969 wrongfully refused to obey a lawful order
of the Master to leave the passageway outside the
Master's Office and had to be forcibly escorted to his
room;
(10) on 25 July 1969 wrongfully attempted to leave his room
contrary to the Master's direct order;
(11) on 25 July 1969 (Meridian Day) wrongfully disobeyed the
Master's direct order to remain in the ship's hospital;
(12) on 25 july 1969 (Meridian Day) wrongfully entered the
radioroom and grabbed the controls over the Chief Radio
Officer's objection; | Appeal No. 1902 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1903 - MCMARRAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 January 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for six months outright plus six
months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as A.B., on board SS MORMACRIO under authority of the
document above captioned, Appellant:
(1) on 17 October 1969 did wrongfully assault and batter a
fellow crewmember, while the vessel was at sea;
(2) on 22 October 1969 did wrongfully fail to obey a lawful
order of the Chief Mate, to present the "Medical Report
of Duty Status" form at Baltimore, Maryland; and
(3) on 23 October 1969 did wrongfully desert the vessel at
Baltimore, Maryland, after being ordered to remain aboard by the Chief Mate.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence excerpts from
the vessel's shipping articles and official log and testimony by
the Master and four crewmembers.
In defense, Appellant offered in evidence his own testimony,
notes of the Investigating Officer, the "Medical Report of Duty
Status" form, and a clinical abstract from USPHS Hospital,
Baltimore, Maryland. | Appeal No. 1903 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1904 - JOHNSON | By order dated 23 July 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an Ordinary Seaman on board the
SS HANS ISBRANDTSEN under authority of the document above
captioned, on or about 10 February 1969, Appellant, while the
vessel was in the port of Singapore:
(1) was wrongfully unable to perform his assigned duties by
reason of intoxication;
(2) did wrongfully urinate in the passageway outside the 4-8
Ordinary Seaman's forecastle; and
(3) did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
first specification and not guilty to the second and third
specifications.
The Investigating Officer introduced in evidence a Consular
Report with attachments and depositions of the victim and six other
crewmembers.
In defense, Appellant offered in evidence his testimony, his
military record, photographs of his room, a letter from his
attorney to the Singapore Police, two letters written by Appellant
and the receipt for a fine paid to the Singapore Police. | Appeal No. 1904 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1905 - FOOTE | By order dated 10 June 1971, an Administrative Law Judge of
the United States Coast Guard at Portland, Oregon, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that on or about 16 September
1970, Appellant was convicted in the Superior Court of the State of
Oregon of violation of a narcotic drug law of that State.
The Investigating Officer produced, and the Administrative Law
Judge entered into the record a certified record of the Oregon
court.
In defense, Appellant offered no evidence.
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. The Administrative Law
Judge then entered an order revoking all documents issued to Appellant.
The entire decision was served on 15 June 1971. Appeal was
timely filed. | Appeal No. 1905 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1906 - HERNANDEZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 June 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving under authority of the captioned documents on or about 12
November 1969, Appellant wrongfully did have in his possession
925.5 grams (approximately 2 lbs.) of hashish (cannabis sativa) on
12 November 1969 at Port Newark, New Jersey.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
extract of shipping articles, a certified copy of a U.S. Customs
Laboratory Report, the testimony of two (2) customs special agents and the testimony of a chemist.
In defense, Appellant offered his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1906 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1907 - O'CONNOR | United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
negligence. The specifications found proved allege that while
serving as a Third Assistant Engineer on board the United States
SS U.S. ADVENTURER under authority of the document and license
above captioned, on or about 26 January 1968, Appellant:
(1) left his assigned engineroom watch without relief and
retired to his bunk;
(2) while on watch became intoxicated to the extent that he
was unable to perform his assigned duty; and
(3) by absenting himself from his assigned duties
contributed to a casualty to the vessel's port boiler.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two engineering officers.
There was no defense. | Appeal No. 1907 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1930 - CRUZ | By order dated 9 July 1971, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for twelve months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as Second Cook and Baker on board the SS
SANTA CLARA under authority of the document above captioned, on or
about 17 October 1970, while the vessel was in the port of
Buenaventura, Columbia, Appellant
(1) did wrongfully strike the Chief Steward in the face; and
(2) did wrongfully attack the Chief Steward with a knife,
causing him bodily harm and injury.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence the testimony
of six members of the vessel's crew and various documentary
evidence.
In defense, Appellant offered in evidence his own testimony,
that of the former Second Cook and Baker of the vessel, and various
documentary evidence. | Appeal No. 1930 | Suspension and Revocation Appeals Authority | 5/22/1977 | 5/22/1977 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1931 - POLLARD | By order dated 10 November 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Virginia, revoked
Appellant's seaman documents outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Cook on board the United States N. S. MAUMEE
under authority of the document above captioned, on or about 20
August 1971, Appellant did wrongfully assault and batter another
crewmember with a dangerous weapon; to wit, a knife, resulting in
injury to that crewmember.
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 documentary
evidence and the testimony of witnesses. | Appeal No. 1931 | Suspension and Revocation Appeals Authority | 5/23/1973 | 5/23/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1932 - KEATING | By order dated 26 October 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as a Fireman/Watertender on board the United States SS
OVERSEAS EXPLORER under authority of the document above described,
on or about 15 July 1970, Appellant did:
(1) wrongfully fail to perform his assigned duties from 1600
to 2400 hours;
(2) wrongfully absent himself from the vessel without
permission;
(3) wrongfully assault the Chief Officer, Norman
Namenson; and
(4) wrongfully assault and batter with a deadly weapon, to
wit; a piece of steel rod, Radio Officer Billy G.
Crawford, and did injure said 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 voyage
records from the OVERSEAS EXPLORER, a steel rod, and the testimony
of several witnesses.
In defense, Appellant offered in evidence the testimony of a
witness.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and each specification had been proved. The Administrative Law
Judge then entered an order revoking all documents. | Appeal No. 1932 | Suspension and Revocation Appeals Authority | 5/23/1973 | 5/23/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1933 - HERRING | By order dated 26 February 1971, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's licenses for three months outright
upon finding him guilty of negligence. The specifications found
proved allege that while serving as pilot on board the Japanese M/V
SUWA MARU #37 under authority of the license above captioned, on or
about 17 July 1969, Appellant:
(1) negligently failed to navigate "said vessel" in a
cautious and prudent manner "notwithstanding the presence
of the M/V KOLO which was also being navigated outbound
ahead of said vessel," and
(2) negligently failed to maintain a proper lookout aboard
SUWA MARU #37.
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 two witnesses who were aboard KOLO.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 1933 | Suspension and Revocation Appeals Authority | 6/15/1973 | 6/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1934 - FLEMMINGS | By order dated 12 October 1972, an Administrative Law Judge 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 Fireman/Watertender on board the SS ALBANY under
authority of the document above described, on or about 26 September
1972, Appellant was wrongfully in possession of a controlled
substance, to wit, marihuana while the vessel was in the port of
Seattle, Washington.
At the hearing, Appellant did not appear, and the hearing was
held in absentia. A plea of not guilty to the charge and
specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles, the testimony of three customs officials and
a chemist who analyzed the marihuana, and a chain of custody for the marihuana.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant. | Appeal No. 1934 | Suspension and Revocation Appeals Authority | 6/5/1973 | 6/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1935 - WOODS | By order dated 21 May 1971, 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 specifications found proved allege and while
serving as Chief Steward on board the SS OVERSEAS DINNY under
authority of the document above captioned, Appellant:
(1) on or about 27 November 1968, while the vessel was in the
port of Oakland, did wrongfully engage in acts of sexual
perversion with a member of the crew; and
(2) between 18 and 27 November 1968 inclusive, while said
vessel was at sea and in port, did wrongfully engage in
acts of sexual perversion with two other crewmembers.
At the hearing, Appellant was represented by professional
counsel who entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence extracts from
the Shipping Articles and the Official Logbook of the vessel and
the testimony of five members of the crew.
In defense, Appellant offered no evidence.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and both
specifications had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1935 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1936 - VARGAS | By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for one month outright plus three
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Passenger Room Steward on board the SS PRESIDENT
JACKSON under authority of the document above captioned, on or
about 22 January 1972, Appellant did engage in mutual combat with
crewmember Victor Weddington.
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 excerpts from
the Shipping Articles and Official Ship's Log, a statement made by
Victor Weddington and a deposition of Pennsylvania Curry. In defense, Appellant offered in evidence certain medical
reports and records and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and first specification had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of one month outright plus three months on
12 months' probation. | Appeal No. 1936 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1937 - BISHOP | By order dated 6 December 1971, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 6 months outright upon finding
him guilty of negligence. The specification found proved alleges
that while serving as Chief Mate on board the SS MOBIL LUBE under
authority of the license above captioned, on or about 20 November
1971, Appellant negligently conducted a damage survey, in that he
reported "no damage", when in fact, the stem of the vessel was
holed in the Bos'n's Storeroom.
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 extracts from
the bell book and the rough deck log of the vessel, some
photographs and the testimony of the master and the Second Mate. In defense, Appellant offered in evidence a drawing, some
photographs and the testimony of a crewmember and himself.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He later entered an order
suspending all documents issued to Appellant for a period of 6
months outright. | Appeal No. 1937 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1938 - RODRIGUEZ | By order dated 15 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 4 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an A.B. on board the SS COPPER STATE under
authority of the document above captioned, on or about 22 June 1970
Appellant did create a disturbance aboard ship due to intoxication.
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 excerpts from
the vessel's shipping article and official log, answers to written
interrogatories submitted to the Second Mate and certified copies
of written statements of eight crewmembers. In defense, Appellant offered in evidence his own testimony
and answers to cross-examination interrogatories submitted to the
Second Mate.
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
suspending all documents, issued to Appellant, for a period of four
(4) months outright. | Appeal No. 1938 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1939 - BRUSH | By order dated 12 January 1971, an Administrative Law Judge of
the United States Coast guard at Mobile, alabama, suspended
appellant's license for one month plus two months on twelve month'
probation upon finding him guilty of inattention to duty. The
specification found proved alleges that while serving as Master of
SS RACHEL V under authority of the license above captioned, on or
about 7 December 1970, Appellant, while the vessel was navigating
in the vicinity of DAVAO CITY, Phillipine Islands, failed to
exercise proper supervision over the movements of the vessel
thereby contributing to a collision between the vessel and a pilot
boat.
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 the Second Mate of the vessel, a report of accident filed by
Appellant, and voyage records of RACHEL V.
In defense, Appellant made an unsworn statement.
At the end of the hearing, the Administrative Law Judge
rendered on oral decision in which he concluded that the charge and
specification had been proved. The Judge then entered an order
suspending Appellant's license for a period of one month plus two
months on twelve months' probation. | Appeal No. 1939 | Suspension and Revocation Appeals Authority | 6/10/1973 | 6/10/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1940 - HUDDLESTON | By order dated 26 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman's documents for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Night Engineer on board the SS STEEL
ADVOCATE under authority of the license above captioned, on or
about 17 June 1972, Appellant, while the vessel was in the port of
New Orleans, Louisiana, wrongfully failed to properly supervise the
engineering watch by permitting the boiler to be fired with
insufficient water, thereby contributing to the cause of extensive
damage to the port boiler.
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 an extract
from the vessel's engine room log book and the testimony of the
Chief Engineer and the fireman/water-tender who was on watch at the
time of the casualty.
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 entered an order suspending all
document issued to appellant for a period of three months outright. | Appeal No. 1940 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1941 - VELEZ | By order dated 18 May 1972, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Crew
Pantryman on board the SS BEAUREGARD under authority of the
document above captioned, on or about 23 February 1972, Appellant
did wrongfully fail to join said vessel upon her departure from
DaNang, Vietnam.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the official ship's log, and the
testimony of the Master. In defense, Appellant offered in evidence his own testimony
and a letter and memorandum from the Consulate in DaNang, Republic
of Vietnam.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of 2 months outright plus 2 months on 12 months's
probation. | Appeal No. 1941 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1942 - ACEVEDO | By order dated 21 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for 5 months outright plus 3 months
on 12 months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Able
Bodied Seaman on board the SS AMERICAN LYNX under authority of the
document above captioned Appellant:
(1) on or about 2 January 1970, did wrongfully use
disrespectful language toward the Second Mate while the vessel was
departing the port of Baltimore;
and that, while so serving, on or about 13 January 1970, while
the vessel was maneuvering in the confined water of Tilbury Docks, London, Appellant did
(2) wrongfully damage the ship's property, to wit; the antenna
of the after docking station walkie-talkie;
(3) wrongfully fail to obey a direct order of the Third Mate
to leave the after docking station and go to his room; and
(4) wrongfully interfere with the safe navigation of the
vessel by causing the Chief Mate to leave the bridge and escort him
from the after docking station to his room.
At the hearing, Appellant was represented by professional
counsel who entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence various
exhibits and the testimony of the Master, Second Mate and Third
Mate of the vessel. | Appeal No. 1942 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1943 - MILLAR | By order dated 4 May 1971, Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as Chief Mate on board the SS TRANSHURON
under authority of the license above described, on or about 10
November 1970, Appellant wrongfully pumped oily ballast from said
into the navigable waters of the United States, to wit, the Corpus
Christi Channel, thereby causing pollution of said waters.
At the hearing, Appellant was represented by professional
counsel, though not of his choice. Appellant entered a plea of not
guilty to the charge and specification.
The Investigating Officer introduced in evidence some water
samples, three radio messages and the testimony of three witnesses. In defense, Appellant offered in evidence the testimony of two
witnesses.
The Administrative Law Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He entered an order suspending Appellant's license for a
period of three months on 12 months' probation. | Appeal No. 1943 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1944 - HAYNIE | By order dated 30 November 1971, an Administrative Law Judge
of the united States Coast Guard at Portsmouth, Virginia suspended
Appellant's license for 2 months on 6 months' probation upon
finding him guilty of violation of a statute and misconduct. The
specifications found proved allege that while serving as Master on
board the United States Fishing Vessel ALLEN W. HAYNIE under
authority of the license above captioned, on or about 7 January
1970, Appellant wrongfully violated Title 46, U. S. Code, Section
391a(4) in that the vessel carried onboard while underway a
combustible liquid cargo in bulk; to wit, about 580 long tons of
fish oil without a valid U. S. Coast Guard Certificate of
Inspection having been issued to said vessel, and wrongfully
violated Title 46, U. S. Code, Section 325, in that the vessel was
employed in a trade other than that for which she was licensed; to
wit, transporting a cargo of bulk liquid fish oil from North
Carolina to New Jersey. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to each charge and
each specification.
The Investigating Officer introduced in evidence documents
pertaining to the vessel, a report of vessel casualty or accident,
and an analysis report of crude Menhaden oil.
In defense, Appellant offered in evidence his own testimony
and that of several witnesses and an analysis report on crude
Menhaden oil.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charges
and specifications had been proved. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of 2 months on 6 months' probation. | Appeal No. 1944 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1945 - PAPALIOS | By order dated 4 May 1971, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as Master on board the SS TRANSHURON
under authority of the license above described, on or about 10
November 1970, Appellant wrongfully and knowingly permitted ballast
containing an oily substance to be pumped from said vessel into
navigable waters of the United States, to wit, the Corpus Christi
Channel, thereby causing pollution of said waters.
At the hearing, Appellant was represented by professional
counsel, though not of his choice. Appellant entered a plea of not
guilty to the charge and specification.
The Investigating Officer introduced in evidence some water
samples, three radio messages and the testimony of three witnesses. In defense, Appellant offered in evidence the testimony of two
witnesses.
The Administrative Law Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He entered an order suspending Appellant's license for a
period of three months on 12 months' probation. | Appeal No. 1945 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1946 - MCCLAIN | By order dated 2 November 1971, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for 6 months outright plus 3 months
on 6 months' probation upon finding him guilty of misconduct and
negligence. The specifications found proved allege that while
serving as Third Assistant Engineer on board the SS SONOMA under
authority of the license above captioned, Appellant:
(1) On or about 18 January 1971, was negligent in failing to
properly supervise the operation of all machinery and the assigned
personnel on the 1600-2400 watch, thereby contributing to the
boiler casualty on that date; and
(2) On or about 29 January 1971, did wrongfully assault and
batter the Second Assistant Engineer; And that while so serving on board the SS SEATRAIN LOUISIANA,
Appellant did:
(3) On or about 7 June 1969, wrongfully fail to perform his
regularly assigned duties, to wit, the 0000-0400 watch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and to each
of the first two specifications.
The Investigating Officer introduced in evidence extracts from
the Shipping Articles and Official Logbooks of the vessel, the
deposition of an Oiler and the testimony of the Chief Engineer of
the SS SONOMA.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge rendered an
oral decision in which he concluded that the charges and the above
specifications had been proved, the third by plea. The
Administrative Law Judge then served a written order on Appellant
suspending all documents issued to him for a period of 6 months
outright plus 3 months on 6 months' probation. | Appeal No. 1946 | Suspension and Revocation Appeals Authority | 7/18/1973 | 7/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1947 - QUARRY | By order dated 13 January 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as a Pilot on board the SS ESSO
GETTYSBURG under authority of the license above captioned, on or
about 23 January 1971 Appellant did fail to ascertain the vessel's
correct position, thus contributing to 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 Investigating Officer introduced in evidence excerpts from
the Ship's Official Log and Bell Book, various documentary evidence
pertaining to the Main Channel, New Haven Harbor, the testimony of
an officer assigned to the Coast Guard Merchant Marine Inspection Detachment, New London, Connecticut, and the testimony of other
parties aboard the vessel at the time of the grounding.
In defense, Appellant offered in evidence Coast Guard Aid to
Navigation Work Reports and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending Appellant's
license for 3 months on 12 months' probation. | Appeal No. 1947 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1948 - BONVILLIAN | By order dated 28 May 1971, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas suspended Appellant's
seaman documents for three months on twelve months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as Third Assistant Engineer on board SS
GREEN COVE under authority of the document and license above
captioned, Appellant on or about 13 September, 29 October, 1 and 2
November, 25, 26, 27, 28, 29, 30, and 30 (Date Line Day) November,
and 1, 2, and 3 December 1970, failed to perform his assigned
duties, and, on or about 29 October 1970, wrongfully had in his
quarters a quantity of liquor.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence voyage
records of GREEN COVE.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. He then entered an order
suspending all documents issued to Appellant for a period of three
months on twelve months' probation. | Appeal No. 1948 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1949 - BECK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 8 May 1972, an Administrative Law Judge of the
United States Coast Guard at Baltimore, Maryland suspended
Appellant's license and seaman's documents for 18 months outright
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as a Third Assistant Engineer on
board SS AFRICAN METEOR under authority of the license above
described, Appellant:
(1) did on 18 February 1972 wrongfully fail to perform
assigned duties from 0400 to 0800 and from 1600 to 2000 while said
vessel was at sea;
(2) did on 19 February 1972 wrongfully fail to perform
assigned duties from 0400 to 0800 and from 1600 to 2000 while said
vessel was at sea; and (3) did on 19 April 1972 wrongfully fail to join said vessel
upon departure from Baltimore, Maryland.
Appellant did not appear at the hearing and the hearing was
held in absentia. A plea of not guilty to the charge and each
specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the Official Ship's Log, and Certificate
of Discharge issued to Appellant.
No evidence was entered on behalf of Appellant.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and all specifications had been proved. The Administrative Law
Judge then entered an order suspending the license and all
documents, issued to Appellant, for a period of 6 months outright
plus effecting a prior 12 month suspension for violation of
probation. | Appeal No. 1949 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1900 - ORKWISZEWSKI | By order dated 11 June 1970, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant,' seaman's documents for two months out-right
plus three months on twelve months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a wiper on board SS COMMANDER under authority of
the document above captioned, on or about 17 May 1968, Appellant,
while the vessel was at the Foreign Port of Amsterdam,
1) wrongfully created a disturbance in the crew's messroom;
2) wrongfully assaulted and battered the Chief Engineer; and
3) wrongfully used threatening words to a fellow crewmember,
Able Seaman Edwin Davis. On the first day of the hearing, Appellant appeared, but his
attorney did not. The Administrative Law Judge entered a plea of
not guilty to the charge and each specification.
The Investigating Officer introduced in evidence testimony by
the Chief Engineer and Able Seaman Edwin Davis with the stipulation
that Appellant's attorney would be furnished a transcript of this
testimony and an opportunity to cross-examine at a later date.
In defense, Appellant offered no evidence. The Administrative
Law Judge adjourned the hearing instructing him to maintain contact
with his attorney and the Investigating Officer. He did not do so
and approximately one year later, a registered letter to his last
known address having returned marked "addressee unknown", the
hearing continued in absentia at the Investigating Officer's
urging. The Investigating Officer introduced in evidence the
returned registered letter, a letter from Appellant's attorney
stating that he no longer represented Appellant, and a certified
extract from the official log book of COMMANDER. | Appeal No. 1900 | Suspension and Revocation Appeals Authority | 12/14/1972 | 12/14/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1901 - MILLY | By order dated 11 May 1970, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct.The specification found proved alleges that while
serving as a deck steward on board SS MARIPOSA under authority of
the document above captioned, on or about 22 May 1970; at Suva,
Fiji, wrongfully engaged in an unnatural sex act with a male of
minor age.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of MARIPOSA, a judgment of conviction in a Fiji court, and
the testimony of a witness. In defense, Appellant offered in evidence his own testimony.
Although the Administrative Law Judge's decision states that
Appellant testified in his own behalf, the record shows that
Appellant was permitted to testify on the limited issue of "due
process" in the Fiji court and that cross-examination on the merits
was not permitted.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1901 | Suspension and Revocation Appeals Authority | 12/26/1972 | 12/26/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1908 - NEILSON | By order dated 15 September 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. the specification found proved alleges that while
serving as a Second Steward on board the SS SANTA MERCEDES under
authority of the document above captioned, on or about 21 November
1970 while the vessel was at sea, Appellant did wrongfully molest
a minor male passenger, by applying an electric vibrator to his
person, while engaging him in conversation about sexual matters.
Appellant failed to appear at the first two sessions of the
hearing. At the third session, Appellant appeared and elected to
act as his own counsel. He entered a plea of not guilty to the
charge and specification. He also appeared at the fourth and fifth
sessions, but not the sixth and the final sessions.
The Investigating Officer introduced in evidence testimony of another passenger, and a certified extract from the shipping
articles of the vessel.
In defense, Appellant offered in evidence a letter from the
National Maritime Union. No formal defense was presented.
Appellant failed to appear at four of the seven sessions of the
hearing.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1908 | Suspension and Revocation Appeals Authority | 2/7/1973 | 2/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1909 - MINSTER | By order dated 21 March 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of misconduct. the specification
found proved alleges that while serving as a wiper on board the
United States SS GREEN LAKE under authority of the document above
described, on or about 21 January 1971, appellant did wrongfully
embezzle certain stores of the said vessel while said vessel was in
the port of Kaohsiung, Taiwan.
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
documents and the testimony of two witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents, issued to
Appellant, for a period of six months on 12 months' probation. | Appeal No. 1909 | Suspension and Revocation Appeals Authority | 2/27/1973 | 2/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1910 - HINDS | By order dated 9 September 1971, an Administrative Law Judge
of the United States Coast Guard at San Diego, California,
suspended Appellant's license for six months on 12 months'
probation upon finding him guilty of violation of a statute. The
specifications found proved alleges that while serving as a master
on board the United States fishing vessel CRUSADER under authority
of the license above captioned, on or about 2 July 1971 to 25
August 1971, Appellant did wrongfully employ or engage to perform
the duties of mate aboard the CRUSADER, a fishing vessel of 217
gross tons, a person or persons not licensed to perform such duties
in violation of 46 U.S.C. 224a (R.S. 4438a) for a fishing voyage on
the high seas which began at San Diego, California, and terminated
upon sinking of the vessel.
At the hearing, Appellant was represented by nonprofessional
counsel. Appellant entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence documentary
evidence and testimony of witnesses.
In defense, Appellant offered in evidence his own testimony
and that of other witnesses.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all licenses, issued to Appellant for a period of six months on 12
months' probation. | Appeal No. 1910 | Suspension and Revocation Appeals Authority | 3/16/1973 | 3/16/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1911 - GEESE | By order dated 2 September 1971, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an able
seaman on board the SS AMERCREST under authority of the document
above captioned, on or about 9 June 1970, while the vessel was at
sea Appellant wrongfully addressed the Second Mate with foul and
abusive language.
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 extracts from
the official logbook of the vessel and testimony by the Second Mate
and Able Seaman Ruth. In defense, Appellant offered in evidence written statements
and oral testimony by himself and Able Seaman Rogers.
On 2 September 1971, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and the
above specification had been proved and he served a written order
on Appellant admonishing him. | Appeal No. 1911 | Suspension and Revocation Appeals Authority | 3/16/1973 | 3/16/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1912 - RICHARD | By order dated 22 July 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Third
Assistant Engineer on board the SS U.S. PILOT under authority of
the document and license above captioned, on or about 31 July 1969,
while the vessel was at Stockton, California, Appellant did
wrongfully create a disturbance in the vessel's saloon mess by
directing abusive language towards a fellow crewmember and
physically grabbing and manhandling said crewmember.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence testimony of
the victim, the master, and two other eyewitnesses.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
the above specification had been proved. However, he reserved
decision on another specification. He subsequently found this
latter specification unproven and served a written order on
Appellant suspending all documents issued to him for a period of
three months on six months' probation. | Appeal No. 1912 | Suspension and Revocation Appeals Authority | 3/21/1973 | 3/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1913 - GOLDING | By order dated 12 May 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida, after a hearing
held at Miami, suspended Appellant's seaman's documents for four
months outright plus four months on eighteen months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board M/V JUNGLE QUEEN II
under authority of the license above captioned, on or about 21
March 1971, Appellant "wrongfully failed to insure that the vessel
was properly prepared to sail; to wit: That you got the vessel
underway with a mooring line made fast to the pier resulting in
failure of mooring devices causing personal injuries to three of
the passengers on board the vessel."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. personal injury and the testimony of four witnesses.
In defense, Appellant offered in evidence his own testimony.
Without objection the Administrative Law Judge took a view of
the vessel.
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
suspending all documents issued to Appellant for a period of four
months outright plus four months on 18 months' probation. | Appeal No. 1913 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |