| Suspension and Revocation Appeals Authority | 2288 - GAYNEAUX | 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 February 1982, and Administrative Law Judge
of the United States Coast Guard at Galveston, Texas suspended
Appellant's license and Merchant Mariner's Document for one month
plus an additional two months on twelve months' probation upon
finding him guilty of negligence. The specification found proved
alleges that, while serving as operator of the M/V OSASGE, under
authority of the documents above captioned, on or about 17 October
1981, the Appellant failed to properly navigate said vessel within
the confines of the Gulf Intracoastal Waterway, resulting in damage
to an aid to navigation, at or near North Deer Island, near mile
360 and the Galveston Freeport Intracoastal Waterway Range F, front
light.
By separate order of 17 February 1982, the Administrative Law
Judge authorized a temporary license and document pending
disposition of the appeal. Issuance pursuant to this order was
effected by the Marine Inspection Office, U.S. Coast Guard, Port
Arthur, Texas on 17 February 1982. | Appeal No. 2288 | Suspension and Revocation Appeals Authority | 2/24/1983 | 2/24/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2290 - DUGGINS | This appeal was taken in accordance with Title 46 United
States Code 239 (g) and 46 CFR 5.30-1.
By order dated 9 March 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York issued an order
of 12 months suspension outright of the above captioned document,
and all other valid licenses, documents, certificates, and
endorsements issued to the Appellant upon finding him guilty of
misconduct.
The specification found proved alleges that while serving as
Boatswain on board the USNS SEALIFT CHINA SEA under the authority
of the above captioned document, on or about 11 February 1980,
while said vessel was at sea, the Appellant wrongfully assaulted
First assistant Engineer, John K. Brown, by brandishing a fire hose
nozzle in a threatening manner and offering to inflict bodily harm.
The hearing was held in New York on 11 March, 17 April, 19
May, 3 June, 2 July, 2,15,30 September, 24 October, and 12, 24
November 1980. | Appeal No. 2290 | Suspension and Revocation Appeals Authority | 2/27/1983 | 2/27/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2291 - JOSEPH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 7 October 1981, an Administrative Law Judge of
the United States Coast Guard at Port Arthur, Texas revoked
Appellant's license upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Operator
aboard M/V LADY ALICE, under authority of the captioned document,
on 19 July 1981, Appellant assaulted and battered by cutting with
a broken coffee cup, a member of the crew, James Burnham, while
said vessel was underway on the Gulf Intracoastal Waterway.
The hearing was held at Port Arthur, Texas on 10 September
1981.
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 four witnesses and one exhibit. | Appeal No. 2291 | Suspension and Revocation Appeals Authority | 3/1/1983 | 3/1/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2292 - COLE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1981, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's captioned license for two months, plus six months on
twelve months' probation, upon finding him guilty of misconduct and
negligence. The specifications of Charge 1 (misconduct), found
proved, alleged that while serving as operator/person in charge on
board the United States M/V GREEN COVE O.N. 587880, under authority
of the license above captioned, from 16 March 1981 to 24 March
1981, Appellant wrongfully undertook a voyage in excess of 12 hours
with one licensed operator and did wrongfully absent himself from
the wheelhouse for a period of approximately 1-1/2 hours on 23
March 1981, leaving the responsibility of navigation of the vessel
and tow to an unlicensed deckhand. The specification of Charge II
(negligence), found proved, alleged that while serving as above on
23 March 1981, Appellant failed to post a proper watch in said
vessel's pilot house thereby contributing to the collision between
its tow and M/B FL 8158 BN, with loss of life. | Appeal No. 2292 | Suspension and Revocation Appeals Authority | 3/4/1983 | 3/4/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2293 - RUBY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 31 March and 8 April 1981, an Administrative
Law Judge of the United States Coast Guard at Baltimore, Maryland
admonished Appellants, Peter S. Smith and Alexander Ruby, Jr., who
were Master and Chief Engineer of the SS JACKSONVILLE,
respectively. The specification of the misconduct charge alleges
that while serving as Master and Chief Engineer of the vessel under
authority of the documents above captioned, on or about 21 January 1981, Appellants did not fail to notify the nearest Coast Guard
Marine Safety Office of repairs affecting the safety of the vessel,
namely, boiler tube plugging repairs.
The hearing was held in joinder at Baltimore, Maryland on 30
January 1981.
At the hearing, Appellants were represented by the same
counsel. Both Appellants entered pleas of not guilty to the charge
and specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses and one document.
In defense, the Appellants offered in evidence the testimony
of one witness and three documents.
Subsequent to the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification against Appellants were proved. He then served
written orders of admonition on Appellants. | Appeal No. 2293 | Suspension and Revocation Appeals Authority | 3/21/1983 | 3/21/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2294 - TITTONIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 July 1981, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for twelve months, and awarded an
additional suspension of twelve months on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved allege that while serving as Master on board SS LASH
ATLANTICO under authority of the captioned license on or about 6
May 1981, Appellant negligently failed to navigate at a safe speed,
negligently failed to use all available means to determine if a
risk of collision existed or a close quarters situation was
developing, and negligently made a succession of small course
alterations thereby contributing to the collision of SS LASH
ATLANTICO and M/V HELLENIC CARRIER.
The hearing was held at Norfolk, Virginia on 27, 28, and 29
May and 29 June 1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of three witnesses, two photographs, a chart, and two other
documents. He also requested the Administrative Law Judge to take
judicial notice of the International Regulations for Preventing
Collisions at Sea, 1972, Title 33 U.S.C. foll.1602 (hereafter
cited COLREGS, 1972, Rule ). | Appeal No. 2294 | Suspension and Revocation Appeals Authority | 3/29/1983 | 3/29/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2295 - AMOURY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 March 1981, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that, while
serving as Engine Utilityman on board the SS TRAVELER under
authority of the document above captioned, on or about 3 March 1981
Appellant wrongfully possessed hashish while the vessel was in the
port of Navlakhi, India.
The hearing was held at Long Beach, California, on 17 March
1981.
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 a
certification of the shipping articles and a certified copy of the
official log of the vessel.
In defense, Appellant offered the testimony of a shipmate and
his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on Appellant on 30 March 1981.
Appeal was timely filed on 6 April 1981 and perfected on 22 July
1981. | Appeal No. 2295 | Suspension and Revocation Appeals Authority | 3/30/1983 | 3/30/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2296 - SABOWSKI | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 22 September 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's license No. 500466 for three months, on twelve months'
probation, upon finding him guilty of negligence. The
specifications found proved alleged that while serving as Master on
board the United States SS EXXON CHESTER under authority of the
license above captioned, on or about 18 June 1979, Appellant
wrongfully failed: (1) to navigate said vessel at a safe speed
adapted to the prevailing conditions of visibility; (2) to take
avoiding action in ample time to avoid collision; and, (3) to
reduce the speed of said vessel to the minimum at which she would
be kept on course, upon having heard the fog signal of another
vessel apparently forward of the beam.
The hearing was held at New York City on 19 March, and
continued on 20 March, 10 April, and 15 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each pecification.
The Investigating Officer introduced in evidence 25 exhibits
and the testimony of one witness. | Appeal No. 2296 | Suspension and Revocation Appeals Authority | 3/20/1983 | 3/20/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2297 - FOEDISCH | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.3-1.
By order dated 13 July 1981, and Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's seaman's documents for six months, upon finding him
guilty of misconduct. The specification found proved alleges that,
while serving as Ordinary Seaman on board the SS JOHN LYKES, O.N.
282772 under authority of the captioned document, on or about 9 May
1980, Appellant wrongfully possessed approximately 12.5 grams of
marijuana, a narcotic.
The hearing was held at Seattle, Washington on 8 December
1980, 5 February 1981 and 22 June 1981.
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 six documents
and a deposition.
In defense, Appellant testified in his own behalf and offered
eight documents in evidence.
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 served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months.
The entire decision was served on 14 July 1981. Appeal was
timely filed on 27 July 1981 and perfected on 26 October 1981. | Appeal No. 2297 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2299 - BLACKWELL III | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 20 February 1981, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida revoked
Appellant's license upon finding him guilty of misconduct, Four
specifications under a charge of misconduct, Charge II, were found
proved. They allege that while serving on board the M/V CAN'T
MISS, O.N. 294101, under authority of the Ocean Operator's license
above captioned, on or about 12 April 1980, Appellant wrongfully
operated the vessel while carrying passengers:
1. By operating beyond the scope of the route authorized
on the vessel's Certificate of Inspection, to wit: over
20 miles from shore, in violation of 46 U.S. Code 390(b);
2. By using a portable gasoline stove for cooking in
violation of 46 U.S.Code 170 and 46 Code of Federal
Regulations 184.05-1;
3. By operating with unserviceable life preservers in
violation of 46 U.S. Code 390(b) and 46 Code of Federal Regulations 180.25; and
4. By operating with improperly secured life saving
equipment, to wit: water light attached to buoyant
apparatus was tied to the vessel in such a manner as to
preclude being readily launched, in violation of 46 U.S.
Code 390(b) and 46 Code of Federal Regulations 180.15-1
and 180.20-1. | Appeal No. 2299 | Suspension and Revocation Appeals Authority | 4/7/1983 | 4/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2300 - STROHECKER | This appeal has been taken in accordance with 5 U.S.C. 504 and
49 CFR Part 6.
By order dated 30 June 1982, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia denied
Appellant's application for attorney's fees and expenses incurred
as a result of defending himself against a charge of negligence
brought by the Coast Guard against his Operator's license. Three
specifications supporting the charge were raised by the Coast
Guard. They alleged that, while serving as Operator aboard Tug
MARIE SWANN, O.N. 253463 under authority of the license above
captioned, on or about 0550, 30 March 1982, in the James River at
or near the City of Newport News in the State of Virginia,
Appellant: (1) negligently failed to navigate said vessel in such
a manner as to preclude the barge said vessel was towing, tank
barge SWANN NO. 17, from alliding with M/V CENTAURO, thereby
damaging said tank barge; (2) negligently navigated said vessel in
such a manner as to endanger the life, limb or property of other
persons, to wit, failing to maintain adequate communications with
said vessel's line handlers, thereby contributing to the loss of
control over the barge said vessel was towing, tank barge SWANN NO.
17, and the allision of said barge with M/V CENTAURO; (3) negligently navigated said vessel in such a manner as to endanger
the life, limb or property of other persons, to wit; failing to
connect the towing hawser before releasing the breast lines,
thereby contributing to the barge said vessel was towing, SWANN NO.
17, being set adrift and alliding with the M/V CENTAURO.
The hearing was held at Norfolk, Virginia on 20 April 1982.
After the presentation of Appellant's defense, the Administrative
Law Judge rendered an order in which he dismissed the charge and
specifications. | Appeal No. 2300 | Suspension and Revocation Appeals Authority | 4/12/1983 | 4/12/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2302 - FRAPPIER | This appeal was taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 26 January 1982, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for one month, on twelve months' probation,
upon finding him guilty of misconduct and negligence. The
specification found proved under the charge of misconduct alleges
that, while serving as Master on board the United States M/V BERT
REINAUER II, O. N. 236989, under authority of the license above
captioned, on or abut 18 May 1981, Appellant did wrongfully fail to
report a marine casualty to the nearest Officer in Charge, Marine
Inspection as required by 46 USC 239 and 46 CFR 4.05-10.
The specification found proved under the charge of negligence
alleges that Appellant, while so serving as Master on board the M/V
BERT REINAUER II, O. N. 236989, did, on or about 18 May 1981, fail
to navigate said vessel with due caution, causing said vessel to
ground in the Penobscot River, Maine.
The hearing was held at Portland, Maine and Boston,
Massachusetts on 28 October 1981 and 9 November 1981. | Appeal No. 2302 | Suspension and Revocation Appeals Authority | 4/20/1983 | 4/20/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2280 - ARNOLD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 18 September 1981, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct and physical incompetence. The specifications found
proved alleged that Appellant while serving as crew messman aboard
the SS AUSTRAL LIGHTING, under authority of the captioned document,
(1) did on or about 6 June 1981 fail to perform his assigned
duties, by not serving breakfast; (2) did on or about 10 June 1981
while the vessel was in Sydney, Australia, fail to perform his
duties, by not serving supper; (3) did on or about 10 June 1981
while the vessel was in Sydney, Australia fail to join for the
continued voyage to Melbourne, Australia; (4) did on or about 20
June 1981, fail to perform his duties for reasons of intoxication;
(5) did on or about 21 June 1981, fail to perform his duties for
reasons of intoxication; (6) did on or about 22 June 1981 while
vessel was in Brisbane, Australia, fail to join for the continued
voyage to San Francisco, California; (7) was on or about 21 June
1981 while the vessel was in port at Brisbane, Australia, and at
the time of the hearing was, physically incompetent to perform the duties of an American merchant seaman due to diabetes mellitus,
pancreatitis, and alcohol abuse. | Appeal No. 2280 | Suspension and Revocation Appeals Authority | 7/22/1982 | 7/22/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2313 - STAPLES | This appeal has ben taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 3 December 1981, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specifications found proved allege that, while
serving as Second Pumpman on board the SS GULF OIL, O.N. 283424,
under authority of the above captioned Merchant Mariner's Document,
on or about 12 October 1981, Appellant did wrongfully assault and
batter by beating with fists, a member of the crew, the Chief
Engineer, Richard J. Driscoll; and, that Appellant, while serving
as aforesaid, did wrongfully assault the Third Assistant Engineer,
David W. Thunell by brandishing a fire axe and a pocketknife in a
threatening manner and offering to inflict bodily harm.
The hearing was held at Boston, Massachusetts on 3 December
1981.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and both specifications.
The Investigating Officer introduced two documents and the
testimony of two witnesses into evidence.
In defense, Appellant introduced seven documents and his own
testimony into evidence. | Appeal No. 2313 | Suspension and Revocation Appeals Authority | 5/22/1983 | 5/22/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2322 - SHAW | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order rendered 16 February 1982, an Administrative Law
Judge of the United States Coast Guard at New York, New York,
revoked Appellant's merchant mariner's document upon finding him
guilty of the charge of "conviction for a narcotic drug law
violation." The specification found proved alleged that, while
holder of the document above captioned, on or about 17 August 1981,
Appellant was convicted by the Twenty-Third Judicial District Court
of St. James Parish, Louisiana, a court of record, for violation of
Sections 967(A) and (C) of 40 Louisiana Revised Statutes, a
narcotic drug law violation.
The hearing was held at New York, New York, on 8 December
1981, 12 January 1982 and 27 January 1982,
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence two exhibits. | Appeal No. 2322 | Suspension and Revocation Appeals Authority | 9/7/1983 | 9/7/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2285 - PAQUIN | This appeal was taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1982, an Administrative Law Judge of
the United States Coast Guard at St. Ignace, Michigan revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleged that while holding the document
above captioned, on or about 23 March 1982, Appellant was convicted
by the 92nd District Court, State of Michigan, a court of record,
at the Mackinac County Court House, St. Ignace, Michigan, for
possession of marijuana.
The hearing was held at St. Ignace, Michigan on 29 April 1982.
At the hearing elected to act as his own counsel and entered a plea
of not guilty to the charge and to the specification.
The Investigating Officer introduced in evidence the Affidavit
of Service of the charge sheet, the Judgement of Sentence signed by
District Judge Robert A. Wood, 92nd District Court, State of
Michigan, dated March 23, 1982, and a letter which indicated that, according to Coast Guard files, Appellant had no prior disciplinary
record. | Appeal No. 2285 | Suspension and Revocation Appeals Authority | 10/8/1982 | 10/8/1982 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2289 - ROGERS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 23 September 1981, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas revoked the
seaman's document of Appellant, upon finding her guilty of
misconduct. The specifications found proved allege that, while
serving as a Steward/Utility on board USNS MAUMEE under authority
of the document above captioned, Appellant (1) did on 18 January
1981 while said vessel was at sea, wrongfully assault with a
dangerous weapon, to wit, a pair of scissors, a member of the crew,
John M. Wilson; and (2) did on 12, 13, 14, and 15 January 1981
while said vessel was at sea, wrongfully refuse to perform her
duties by "not turning to."
Appellant did not appear at the hearing. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence nine
documents including certified copies of official log entries of the
USNS MAUMEE. | Appeal No. 2289 | Suspension and Revocation Appeals Authority | 2/27/1983 | 2/27/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2298 - GRAVES | This appeal has been taken in accordance with Title 46 U.S.C.
239b and 46 CFR 5.30-1.
By order dated 23 July 1980, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, 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 alleged that while holding the document
and license above captioned, on or about 12 December 1979,
Appellant was convicted in the 180th District Court of Harris
County, Texas, a court of record, for the possession of marijuana
in a quantity of more than four ounces.
The hearing was held at Houston, Texas on 15 July 1980.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty, which was later changed to not
guilty, to the charge and each specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2298 | Suspension and Revocation Appeals Authority | 4/6/1983 | 4/6/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2301 - SIEMS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 14 April 1981, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman's document upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, while the holder
of the captioned document, was convicted on II December 1980, of
conspiracy to deliver a controlled substance, in the Superior
Court of the State of Washington for Kitsap County.
The hearing was held at Seattle, Washington on 17 March and 14
April 1981.
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 four documents into
evidence including a certified copy of the order of the Superior
Court of the State of Washington for Kitsap County which deferred sentence and granted probation.
Appellant offered nothing in his own defense.
At the end of the hearing, on 14 April 1981, the
Administrative Law Judge rendered an oral decision in which he
concluded that the charge and specification had been proved. He
then served a written order on Appellant revoking all documents
issued to Appellant.
The order was served on Appellant in an open hearing on 14
April 1981. The complete decision and order was served on counsel
on 30 April 1981. Appeal was timely filed on 20 April 1981 and
perfected on 28 July 1981. | Appeal No. 2301 | Suspension and Revocation Appeals Authority | 4/13/1983 | 4/13/1983 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 2009 - NORSWORTHY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 15 March 1974, an Administrative Law Judge of
the United States Coast Guard at Toledo, Ohio, revoked Appellant's
seaman's documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holding the document above
captioned, on or about 6 December 1973, Appellant was convicted by
the County Court, Door County Wisconsin, a court of record, for
violation of narcotic drug laws of the State of Wisconsin.
At the hearing Appellant elected to act as his own counsel and
entered a plea of guilty to the charge and specification.
In mitigation, Appellant stated that he had been in a bar and
had run out of cigarettes and that a woman gave him a pack of
cigarettes containing two marijuana cigarettes.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and specification had been
proved by plea. He then served a written order on Appellant
revoking all documents, issued to Appellant.
The entire decision and order was served on 6 April 1974.
Appeal was timely filed on 15 April 1974. | Appeal No. 2009 | Suspension and Revocation Appeals Authority | 9/20/1974 | 9/20/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2011 - GIMBERT | 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 25 September 1973, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for one month outright plus two
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as a tankerman on board the McAllister Barge 100 under
authority of the document above captioned, on or about 22 August
1973, Appellant negligently failed to supervise cargo discharge
operations while the barge was bunkering the M/V AEGEAN WAVE,
thereby contributing to a spillage of cargo from said barge's
discharge hose into the waters of Hampton Roads, Norfolk, Virginia.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a report of
pollution violation and the testimony of a witness. | Appeal No. 2011 | Suspension and Revocation Appeals Authority | 9/30/1974 | 9/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2012 - HERRINGTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 January 1974, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator aboard the M/V
HARDHEAD under the authority of the license above captioned, on or
about 20 September 1973, Appellant wrongfully failed to come to a
timely passing agreement while said vessel was navigating the Gulf
Intracoastal Waterway at approximately Mile 14.5, west of Harvey
Locks.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses, a deckhand on duty aboard the M/V HARDHEAD at the
time of the incident and the master of the M/V SEA ISLANDER. | Appeal No. 2012 | Suspension and Revocation Appeals Authority | 10/8/1974 | 10/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2013 - BRITTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 November 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license for three months outright upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Second Mate on board the United States SS GULFSEAL
under authority of the license above captioned, on or about 2 July
1973, Appellant did, not at approximately 1320, permit two barrels
of lube oil to overflow No. 5 port cargo tank and enter the
Taylor's Bayou Turning Basin.
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 testimony of
two live witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2013 | Suspension and Revocation Appeals Authority | 12/13/1974 | 12/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2014 - CANN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 4 October 1973, and Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for one month outright plus four
months on six months' probation upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as chief Mate on board the SS VALLEY FORGE under
authority of the document and license above captioned, on or about
11 August 1973, Appellant did wrongfully cause a spill of
approximately one barrel of lube oil into the navigable waters of
the United States, Houston Ship Channel, at Shell Oil Terminal,
Deer Park, Texas.
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 affidavit
of service, certification of shipping articles, the loading orders
of the vessel and the testimony of five (5) witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2014 | Suspension and Revocation Appeals Authority | 12/30/1974 | 12/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2015 - BARNES | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1.
By order dated 14 August 1974, an Administrative Law Judge of
the United States Coast Guard at Memphis, Tennessee revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holding the above
captioned merchant mariner's document, on or about 28 September
1970, Appellant was convicted by the Court of Calcasieu Parish,
Lake Charles, Louisiana, for violation of the narcotic drug laws of
the state of Louisiana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a Certificate
of Service of the charge and specification, and a certified copy of
the conviction by Calcasieu Parish Court.
In defense, Appellant offered in evidence the testimony of
Paul N. Fanolis and his own testimony.
At the end of the hearing, the Judge rendered a written
decision in which he concluded that the charge and specification | Appeal No. 2015 | Suspension and Revocation Appeals Authority | 2/10/1975 | 2/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2016 - AGOSTINI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 2 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for one month on six months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Master on board the MV CAPTAIN SAM
under authority of the license above captioned, on 13 November
1972, Appellant wrongfully failed to keep his vessel on the right
side of the channel in the East River, New York, near Hell Gate,
thereby contributing to a collision between the MV CAPTAIN SAM and
a scow in tow of the tug BRONX 4.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documents. | Appeal No. 2016 | Suspension and Revocation Appeals Authority | 3/3/1975 | 3/3/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2017 - TROCHE | This appeal has been taken in accordance with Title 46 States
Code 239(g) and Title 46 Code of Federal Regulations 137.30-1, now
5.30-1.
By order dated 4 October 1973, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved allege that while
serving as an oiler on board the United States SS ELIZABETHPORT
under authority of the document above captioned, on or about 18 May
1973, Appellant did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew, Pedreu C. Lewis,
while said vessel was at sea.
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 shipping
articles, entries from the official logbook, and the testimony of
two witnesses. | Appeal No. 2017 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2018 - GOODWIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, (now 5.30-1).
By order dated 17 July 1974, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's license for 3 months outright plus 6 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that Appellant, while serving as
Operator on board the United States M/V PIONEER under authority of
the license above captioned, did from 28 April 1974 through 26 June
1974 wrongfully operate said vessel on forty-one occasions without
a valid Certificate of Inspection.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
vessel's Certificate of Inspection, an Amendment to the Certificate
of Inspection and a Temporary Certificate of Inspection. | Appeal No. 2018 | Suspension and Revocation Appeals Authority | 3/10/1975 | 3/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2019 - JONES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 February 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for four months outright plus three
months on nine months' probation upon finding him guilty of
misconduct. The specification found proved that while serving as
an Able Seaman on board the SS HURRICANE under authority of the
document above-captioned, on or about 24 January 1974, Appellant,
while the vessel was underway in the Houston Ship Channel, did
wrongfully assault and batter a member of the crew, Jimmy Garner.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documentary evidence.
In defense, Appellant offered in evidence his own testimony
and that of two witnesses. | Appeal No. 2019 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2020 - JOYNER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 22 July 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months on twelve months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Tankerman on board the
T/B OCEAN 80 under authority of the document above captioned, on or
about 25 October 1972, Appellant, while said vessel was moored in
Carteret, New Jersey, was negligent in his duties in that, during
cargo transfer operations, he left the said vessel unsupervised for
a period in excess of 30 minutes.
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 two exhibits
and the sworn testimony of one witness. | Appeal No. 2020 | Suspension and Revocation Appeals Authority | 4/7/1975 | 4/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2021 - 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 26 August 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent. The
specification found proved alleges that while serving as a second
mate on board SS MISSOURI under authority of the documents above
captioned, on or about 3 November 1973, Appellant was, and at the
time of hearing was still, mentally incompetent to perform the
duties for which he held the license and documents issued by the
Coast Guard.
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, the testimony of witnesses, given both in person and by
deposition, and certain medical records. | Appeal No. 2021 | Suspension and Revocation Appeals Authority | 5/7/1975 | 5/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2022 - PALMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 6 May 1974, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for three months on twelve months' probation
upon finding him guilty of inattention to duty. The specification
found proved alleges that while serving as Third Mate on board the
T/B IOS 3301 under authority of the document and license above
captioned, on or about 19 February 1974, Appellant did wrongfully
cause an oil spill into the navigable waters of the United States,
the Houston Ship Channel, while said vessel was moored at Houston,
Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses.
In defense, Appellant offered in evidence a vessel inspection
report and his own testimony. | Appeal No. 2022 | Suspension and Revocation Appeals Authority | 5/16/1975 | 5/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2023 - KOBERGER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 code of Federal Regulations
137.30-1 (now 5.30-1).
By order dated 11 January 1974, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman document for four months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief
Steward on board the United States SS AMERICAN CHIEFTAIN under
authority of the document above captioned, on or about 15 September
1973, Appellant did assault first Assistant Engineer Joseph Urei,
Z-518662-D1, in the Officer' Pantry.
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 vessel's
log entry concerning the incident and the testimony of four
witnesses. | Appeal No. 2023 | Suspension and Revocation Appeals Authority | 6/3/1975 | 6/3/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2024 - KENNEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for two months on 18 month's
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the M/V
VINEYARD QUEEN under authority of the license above captioned, on
or about 20 August 1974, Appellant did fail to determine the
position of the vessel, thereby contributing to a grounding.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a chart,
other documents, and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony
and affidavits concerning the operation of a foghorn. | Appeal No. 2024 | Suspension and Revocation Appeals Authority | 6/4/1975 | 6/4/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 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 | 2026 - CLARK | 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 30 March 1973, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
bedroom utility (OBR) on board the United States SS PIONEER
CONTRACTOR under authority of the document above captioned, between
7 December 1972 and 28 February 1973, Appellant was wrongfully a
user of a narcotic drug.
Appellant failed to appear at the hearing and after the
Administrative Law Judge questioned the Investigating Officer
concerning the circumstances surrounding service of charges and
notice of the hearing a motion to proceed in absentia was granted.
The Administrative Law Judge entered a plea of not guilty to all
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and a certification of the applicable shipping
articles. | Appeal No. 2026 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2027 - WALKER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 November 1974, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman documents for three months outright
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator on board the M/V
GLENDA S under authority of the license above described, on or
about 13 August 1974, Appellant did wrongfully fail to navigate
with due caution thus contributing to the collision between said
vessel and tow and the Borden Chemical Docks at Geismar, Louisiana,
Mile 184.8, Lower Mississippi River.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of one witness. | Appeal No. 2027 | Suspension and Revocation Appeals Authority | 6/26/1975 | 6/26/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2028 - CARTER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 12 September 1974, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's license and seaman documents for 9 months
outright upon finding him guilty of misconduct. The specifications
found proved allege that while serving as a THIRD MATE on board the
SS ST. LOUIS under authority of the document and license above
captioned, Appellant did, FIRST on or about 7 November 1973 while
said vessel was in the port of Singapore, wrongfully fail to
perform his duties due to intoxication; SECOND, on or about 18
November 1973, while said vessel was in the port of Hong Kong,
wrongfully fail to perform his duties due to intoxication. THIRD,
on or about 19 November 1973, while said vessel was in the port of
Hong Kong, wrongfully fail to obey an order of the Master by being
under the influence of alcohol while on watch. FOURTH, on or about
19 November 1973, while said vessel was in the port of Hong Kong,
wrongfully fail to perform his duties due to intoxication. | Appeal No. 2028 | Suspension and Revocation Appeals Authority | 6/27/1975 | 6/27/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2029 - CHAPMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 August 1974, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman's documents for three months on six months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as an
Operator on board the M/V ELLENA HICKS, under authority of the
license above captioned, Appellant did, on or about 30 December
1973,
FIRST, wrongfully fail to post a proper lookout during low
visibility, thereby contributing to a collision between his tow,
the barge THELMA COLLINS, and the M/V NISSAN MARU, and
SECOND, wrongfully fail to sound fog signals during low
visibility, thereby contributing to a collision between his tow,
the barge THELMA COLLINS, and the M/V NISSAN MARU. | Appeal No. 2029 | Suspension and Revocation Appeals Authority | 7/31/1975 | 7/31/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2030 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 30 December 1974, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's seaman's documents for two months on twelve
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as a Pilot on
board the SS DELAWARE GETTY under authority of the license above
captioned, on or about 29 August 1973, Appellant
(1) Did imprudently navigate said vessel into Army Terminal
Channel, Bahia de San Juan, Puerto Rico, under adverse
conditions of trim and wind; and did fail to maintain
control of said vessel which resulted in grounding; and
(2) Did neglect and fail to navigate said vessel in a prudent
manner which resulted in the sinking of Army Terminal
Channel Light Buoy No. 6. | Appeal No. 2030 | Suspension and Revocation Appeals Authority | 8/21/1975 | 8/21/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2031 - CANNON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order 23 October 1974, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for two months outright upon finding
him guilty of negligence. The specifications found proved allege
that while serving as Operator on board the M/V ATCHISON, under
authority of the document and license above captioned, on or about
20 August 1974, Appellant while said vessel was upbound on the
Mississippi River in the vicinity of the Luling to Destrehan ferry
crossing (1) did wrongfully fail to yield the right of way to the
M/V GEORGE PRINCE which was crossing from his starboard side,
thereby contributing to a collision with the M/V GEORGE PRINCE; and
(2) did wrongfully fail to screen the sidelights on the lead barge
of the tow as required by the applicable Rules of the Road.
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 two exhibits
and the sworn testimony of two witnesses. | Appeal No. 2031 | Suspension and Revocation Appeals Authority | 9/5/1975 | 9/5/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1990 - BOURG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's license for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the MV FIVE FORKS
under authority of the license above captioned on or about 4
February 1972, Appellant did negligently fail to provide for the
safety of one of the passengers Robert J. Ricaud, by permitting him
to disembark the vessel under hazardous conditions without
requiring the use of a lifesaving device, while the vessel was at
the Mobil Oil Drilling Rig Central Facility 129, Block 129, Eugene
Island area, Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the
Certificate of death of Robert J. Ricaud and the testimony of two
members of the crew of the FIVE FORKS.
In defense, Appellant offered in evidence his own testimony
and that od a character witness. | Appeal No. 1990 | Suspension and Revocation Appeals Authority | 9/27/1973 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1991 - MOORE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 June 1973, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license for 3 months outright upon finding him guilty
of negligence. The specification found proved alleges that while
serving as a Pilot on board the SS HESS REFINER under authority of
the above captioned license, on or about 1 February 1973, Appellant
did wrongfully proceed at an immoderate speed in conditions of
reduced visibility due to fog in Southwest Pass thereby
contributing to a collision between said vessel and the M/V
SOCRATES and tow, the T/B ALLIED CHEMICAL No. 44.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1991 | Suspension and Revocation Appeals Authority | 10/26/1973 | 10/26/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1992 - COPELAND | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 October 1972, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas suspended
Appellant's license for one month on two months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as operator on board the TX 4207 XH
under authority of the license above captioned, on or about 19
August 1972, Appellant permitted said vessel to carry in excess of
6 passengers while said vessel did not have on board a valid
Certificate of Inspection in violation of 46 U.S.C. 390 et seq.
as specified in 46 CFR 176.01-(a).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence some
photographs of the vessel, a handwritten list of persons aboard and
the testimony of three witnesses. | Appeal No. 1992 | Suspension and Revocation Appeals Authority | 11/20/1973 | 11/20/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1993 - FRACCARO | Appellant appeals under 46 U.S.C. 239(g) and 46 CFR 137.30-1
from three orders entered by an Administrative Law Judge of the U.
S. Coast Guard after hearing held at Oswego, New York, on several
dates in April 1969. The charges of misconduct all involved
service as a Great Lakes pilot aboard three foreign vessels: M/V
SAKUMO LAGOON, M/V BENGKALIS, and M/V THERON.
On 28 January 1969, Appellant was served with charges of
misconduct for hearing to commence on 16 April 1969. The offenses
alleged were that while serving under authority of his license as
pilot:
(1) aboard the Ghanian SAKUMO LAGOON on 25 September 1968,
Appellant overtook SS CARSON J. CALLAWAY in the St.
Lawrence River without obtaining a whistle signal
assenting to an overtaking proposal in violation of 33
CFR 90.8, and
(2) aboard the Canadian THERON on 30 November 1968 navigated
the vessel on the St. Lawrence River in excess of the
prescribed speed. | Appeal No. 1993 | Suspension and Revocation Appeals Authority | 12/30/1973 | 12/30/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1994 - TOMPKINS | This appeal has been taken in accordance wit Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 December 1972, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 4 months outright plus 2 months
on 6 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an oiler
on board the United States SS IBERVILLE under authority of the
document above captioned, on or about 8,9,10, and 11 November,
1972, Appellant did wrongfully absent himself from the vessel
without permission and did wrongfully fail to perform his assigned
duties.
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 certified copies
of the Official Logbook entries and an extract of the Shipping
Articles of the SS IBERVILLE. | Appeal No. 1994 | Suspension and Revocation Appeals Authority | 2/4/1974 | 2/4/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1995 - NAPIER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 24 September 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman document upon finding him guilty of misconduct.
The specification found proved alleges that while serving as second
electrician on board the United States SS CARRIER DOVE under
authority of the document above captioned, on or about 25 July
1973, Appellant did wrongfully assault and batter by striking with
a beer can the crew pantryman while the vessel was in the port of
Durban, Union of South Africa.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of guilty to the charge and specification.
In mitigation, Appellant offered in evidence the testimony of
the crew pantryman and his own testimony. | Appeal No. 1995 | Suspension and Revocation Appeals Authority | 3/19/1974 | 3/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1996 - LEWIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for 7 months outright plus
6 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Fireman/Watertender on board the SS Elizabethport
under authority of the document above captioned, on or about 21 May
1972, Appellant, while the vessel was in the port of Naha, Okinawa,
(1) Wrongfully engaged in mutual combat with a fellow
crewmember, to wit, Patrick G. Fox, Engine Utility; and
(2) Wrongfully failed to obey an order given by the Master to
cease fighting with said fellow crewmember.
At the hearing, Appellant elected to act as his own counsel.
He entered a plea of not guilty to the charge and each
specification. Upon his failure to attend subsequent sessions, the
proceedings were properly continued in absentia. | Appeal No. 1996 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1997 - MELANSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 6 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for 2 months outright upon finding him guilty
of inattention to duty. The specification found proved alleges
that while serving as a Chief Mate on board the SS EXXON SAN
FRANCISCO under authority of the license above described, on or
about 24 June 1973 Appellant did cause the spill of approximately
10 gallons of heating oil into Houston Ship Channel, Exxon Docks,
Bayton, Texas.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 1997 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1998 - LEBOEUF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 11 September 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's seaman document for 3 months outright upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as a tankerman on board the United
States Tank Barge GEORGE under authority of the document above
captioned, on 2 September 1973, Appellant allowed approximately one
(1) barrel of decant oil to overflow out of number 5S cargo tank
and enter the Calcasieu River at Citgo Docks, Lake Charles,
Louisiana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and two exhibits. | Appeal No. 1998 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |