| Suspension and Revocation Appeals Authority | 1999 - JOSSY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 November 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
individually the license held by each Appellant for a period of 12
months on 18 months' probation upon finding each guilty of
misconduct. The specification found proved against Appellant Alt
alleges that while serving as operator aboard the DIXIE LEE, under
authority of the above-captioned license, on or about 20 August
1973, he wrongfully operated a foreign built boat carrying
passengers from a U.S. port and returned to a U.S. port in
violation of 19 CFR 4.80(e). The specification found proved
against Appellant Jossy is identical to the above except that it
alleges serving as operator aboard the JERI-JO III. | Appeal No. 1999 | Suspension and Revocation Appeals Authority | 5/9/1974 | 5/9/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2000 - ELIPE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 November 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 9 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman on board the SS SANTA BARBARA under authority of the
document above captioned, on or about 10 August 1973, Appellant did
wrongfully engage in mutual combat with a fellow crew member, to
wit, Mario Fernandez, Steward Utility, while the vessel was in the
port of Kingston, Jamaica.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2000 | Suspension and Revocation Appeals Authority | 6/5/1974 | 6/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2001 - WALLACE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 September 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Fireman/Watertender on board the United States SS SAN
JUAN authority of the document above captioned, on or about 13
December 1972, Appellant wrongfully possessed marijuana and heroin
while the vessel was in the port of Kobe, Japan.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence shipping
articles for the voyage in question, entries from the official log
book and a Japanese Judgment of Conviction and Sentencing. | Appeal No. 2001 | Suspension and Revocation Appeals Authority | 6/14/1974 | 6/14/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2002 - ADAMS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 8 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman documents for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a tankerman on board the United States Tank
Barge LBT-18 under authority of the document above captioned, on or
about 16 July 1973 Appellant did cause a spill of approximately 120
gallons of crude petroleum condensate upon the waters of Houston
Ship Channel at Robertson Terminal.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence a diagram of
the scene, the testimony of Mr. Marvin Epps, the dockman for
Robertson Terminal, and Petty Officer Clark, the Investigator.
In defense, Appellant offered in evidence his own testimony
and that of Captain Joseph Courtaux, the tug Captain. | Appeal No. 2002 | Suspension and Revocation Appeals Authority | 6/19/1974 | 9/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2003 - PEREIRA | 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 July 1973, an Administrative Law Judge 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 specification found proved alleges that while
serving as a Second Pumpman on board the United States NS YUKON
under authority of the document above captioned, on or about 3
January 1973, Appellant wrongfully deserted the said vessel at
Kwajalein Atoll (United States Trust).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records from the USNS YUKON, and the depositions of two witnesses. | Appeal No. 2003 | Suspension and Revocation Appeals Authority | 7/8/1974 | 7/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2004 - LORD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 September 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright plus ten months on
eighteen months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as master
on board SS C. E. DANT under authority of the license above
captioned, on 4 September 1972, Appellant while in the Strait of
Juan de Fuca negligently allowed his vessel to proceed at
immoderate speed in restricted visibility, thereby continuing to a
collision between the vessel and MV AEGEAN SEA.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of C. E. DANT, certain photographs, and the testimony of
witnesses. | Appeal No. 2004 | Suspension and Revocation Appeals Authority | 8/22/1974 | 8/22/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2005 - BEROUD | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 18 March 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that, on 4 September 1973,
Appellant was convicted in Delaware County Court, Media,
Pennsylvania, a court of record in Delaware County, Commonwealth of
Pennsylvania, for violation of the Commonwealth of Pennsylvania.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of the indictments and court conviction.
In defense, Appellant offered in evidence his own testimony,
that of a character witness and seven letters of character. | Appeal No. 2005 | Suspension and Revocation Appeals Authority | 8/23/1974 | 8/23/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2006 - MCCOY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 December 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's documents for twelve months upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a day third engineer on board SS DEL
ORO under authority of the license above captioned, on or about 26
February 1973, Appellant wrongfully failed to perform his assigned
duties while the vessel was at Abidjan, Ivory Coast.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of DEL ORO and the testimony of three witnesses.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of twelve months. | Appeal No. 2006 | Suspension and Revocation Appeals Authority | 8/3/1974 | 8/3/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2007 - ARMAD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 August 1973, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months outright
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as a Radio/Telegraph Operator on
board the SS JEFFERSON CITY VICTORY under authority of the document
and license above captioned, on or about 9 December 1972, while the
vessel was at sea, Appellant did wrongfully assault and batter a
fellow crewmember, Third Assistant Engineer J.E. Frazer, and did
wrongfully assault and batter him a few days later ashore.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2007 | Suspension and Revocation Appeals Authority | 9/5/1974 | 9/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2008 - GOODWIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 January 1974, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for four months outright plus three
months on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator on board the MV PIONEER under authority of the
license above captioned, on or about 19 September 1973, Appellant
negligently failed to keep clear of the tankship SANINENA II
causing a collision between the two vessels.
At the hearing, Appellant initially elected to act as his own
counsel and entered a plea of not guilty to the charge and
specification. At a subsequent session, he was represented by
professional counsel. At the final session, the proceedings were
properly concluded in absentia. The Investigating Officer
introduced in evidence the live testimony of three witnesses and
various documents. | Appeal No. 2008 | Suspension and Revocation Appeals Authority | 9/13/1974 | 9/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2269 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 8 January 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of the charge
of misconduct. The two specifications found proved alleged that
"while serving as electrician on board the AUSTRAL ENVOY, on 10
December 1979, while the vessel was in the port of Melbourne,
Australia, he wrongfully failed to perform his assigned duties
between the hours of 1045-1200, and 1300-1700."
The hearing was held at New York, New York, on 4 December
1980.
The Appellant was present at the hearing and was represented
by professional counsel. He entered a plea of not guilty to the
charge and each specification.
The Investigating Officer introduced in evidence two
documents.
Appellant introduced in evidence his own testimony.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and two specifications had been proved. He then entered an order
of suspension for one month and an additional five months on twelve months' probation. | Appeal No. 2269 | Suspension and Revocation Appeals Authority | 12/16/1981 | 12/16/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2270 - HEBERT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 12 February 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months, plus two months on
four months' probation, upon finding him guilty of negligence. The
specifications found proved alleged that (1) while serving as
operator on board the United States M/V CAPT. JOHN under authority
of the documents above captioned, on or about 1900 hours 10
December, 1979, Appellant failed to navigate said vessel with
caution by not providing an adequate lookout when his vessel's
visibility was restricted by the barge it was pushing, contributing
to a collision, (2) while serving as aforesaid, fail to navigate
said vessel with caution by not keeping to that side of the
midchannel which was on the starboard side of said vessel,
contributing to a collision, and (3) while serving as aforesaid
fail to sound the appropriate whistle signals, all while navigating
on the Neches River, Texas, in the general vicinity of Port Neches
Park and Jefferson Chemical Company Docks.
The hearing was held at Port Arthur, Texas, on 7 October 1980,
29 October 1980, 13 November 1980 and 26 November 1980.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to each charge and
specification. | Appeal No. 2270 | Suspension and Revocation Appeals Authority | 1/19/1982 | 1/19/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2272 - PITTS | This appeal has been taken in accordance with Title 46 U.S.C.
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 Jacksonville, Florida, suspended
Appellant's seaman's documents for one month, plus three months on
twelve months' probation upon finding him guilty of one charge of
negligence and one charge of misconduct. The respective supporting
specifications found proved alleged: that while serving as
Operator on board the M/V MORANIA #16 and Tow Barge MORANIA #400
under authority of the license above captioned on 19 February 1980,
Appellant's flotilla collided with berth 2 of South Carolina State
Ports Authority Columbia Street Terminal in Charleston, South
Carolina; and that Appellant, while serving as aforesaid,
wrongfully exceeded the scope of his license by navigating from the
high seas into inland waters to wit: Charleston Harbor, S.C.,
without having aboard a properly licensed pilot as required by 46
U.S.C. 364. A third charge, sounding in "Violation of Law," was
found not proved.
The hearing was held at Charleston, South Carolina on May 22,
1980. | Appeal No. 2272 | Suspension and Revocation Appeals Authority | 3/30/1982 | 3/30/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2274 - SMART | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1
By order dated 28 July 1981, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for two months on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while serving as Tankerman
on board the Crowley Barge 4 under authority of the document above
captioned, on or about 16 June 1981, Appellant wrongfully smoked a
cigarette on the weather deck of said vessel while not in a gas
free condition at Long Beach Berth 233 while bunkering the M/V
ORIENTAL EXECUTIVE.
The hearing was held at Long Beach, California, on 6 and 16
July 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 one document,
and an agreed stipulation of facts.
In defense, Appellant offered in evidence the testimony of two
witnesses, including his own, and documentary exhibits. | Appeal No. 2274 | Suspension and Revocation Appeals Authority | 5/5/1982 | 5/5/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2275 - ALOUISE | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 18 May 1981, an Administrative Law Judge of the
United States Coast Guard at St. Louis, Mo. suspended Appellant's
license for 2 months on 12 months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as operator on board the M/V R. E. DOYLE under
authority of the license above captioned, on or about 9 May 1980,
Appellant operated his vessel in a negligent manner creating an
excessive wake which caused 15 barges to break loose from their
moorings at Cleancoal Terminal Facility, Mile 535.2 L/B Ohio River.
A hearing was held at Cincinnati, Ohio on 1 April and
rehearing was held on 7 May 1981 to hear the testimony of a defense
witness.
At the hearings, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2275 | Suspension and Revocation Appeals Authority | 6/4/1982 | 6/4/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2276 - LUDLUM | This review 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 4 October 1977, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for one month on twelve months' probation upon
finding hin guilty of neglignece after a hearing held at
Wilmington, North Carolina. The specification found proved alleges
that while serving as pilot of M/V TORRENT under authority of the
license above captioned, on or about 23 August 1976, Appellant
wrongfully failed to sound a danger signal upon meeting SS EASTERN
SUN near buoy 50, on the Cape Fear River, thereby contributing to
a collision between his vessel and SS EASTERN SUN.
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, the deposition of another witness, and several
documents. | Appeal No. 2276 | Suspension and Revocation Appeals Authority | 6/1/1982 | 6/1/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2277 - BANASHAK | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 28 May 1980, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
documents for two months on four months' probation upon finding him
guilty of negligence. The specifications found proved allege that
while serving as operator on board M/V GULF HAWK under authority of
the document and license above captioned, on or about 24 February
1980, Appellant: 1)failed to navigate his vessel with due caution
by directing the movement of the vessel and tow to port in a close
quarters situation, thereby contributing to a collision between SS
TEXAS SUN and GULF HAWK's tow; and, 2)failed properly to utilize
the radar while visibility was restricted.
The hearing was held at Port Arthur, Texas, on 19 March 1980.
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 testimony of one witness.
Appellant offered no evidence in defense.
At the end of the hearing, the Administrative Law Judge
reserved decision. He subsequently entered findings that the
charge and two specifications had been proved. He then served a
written order on Appellant suspending all documents issued to him
for a period of two months on four months' probation.
The entire decision was served on 29 May 1980. Appeal was
timely filed on 23 June 1980 and perfected on 7 November 1980. | Appeal No. 2277 | Suspension and Revocation Appeals Authority | 6/29/1982 | 6/29/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2278 - BELTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 November 1981, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's license for two months plus six months on eight months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as operator on board United
States M/V CROCHET No. 2 under authority of the license above
captioned, on or about 7 June 1981, Appellant negligently navigated
said vessel causing a barge the vessel was towing to allide with
the grounded S/V TALOFA LEE, damaging the pleasure craft.
A hearing was held at Norfolk, Virginia, on 15 October 1981
and continued on 19 October 1981.
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 four witnesses and four exhibits. | Appeal No. 2278 | Suspension and Revocation Appeals Authority | 7/14/1982 | 7/14/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2279 - LEWIS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated February 11, 1981, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The amended specifications found proved alleged that
while serving as Wiper on board the SS DELTA SUD under authority of
the document above captioned, on or about 5 February 1981,
Appellant wrongfully possessed a narcotic drug aboard the vessel,
to wit: marijuana and did wrongfully engage in disorderly conduct
by using foul and abusive language to both the officers of the
DELTA SUD and Coast Guard marine inspectors.
The hearing was held at New Orleans, Louisiana, on 11 February
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and five exhibits.
In defense Appellant testified on his own behalf.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and both specifications had been proved. He then served a written
order on Appellant revoking all documents issued to Appellant. | Appeal No. 2279 | Suspension and Revocation Appeals Authority | 7/16/1982 | 7/16/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1980 - PADILLA | This appeal has been taken in accordance with Title 46 United
States code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 22 December 1970, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months on eighteen months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Bedroom Messman on
board SS ROBIN GOODFELLOW under authority of the document above
captioned, on or about 24 May 1970, Appellant wrongfully struck
Walter L. McBride, a fellow crewmember, with his fists while said
vessel was at Poro Point, San Fernando, La Anion, R. P.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of a witness, and a Consular report.
In defense, Appellant offered in evidence his own testimony,
that of another witness and some medical reports.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge and specification had been proved and then entered an order
suspending all documents issued to Appellant for a period of six
months on eighteen months' probation. | Appeal No. 1980 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1981 - HERMANSEN | 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 28 October 1969, an Administrative Law Judge of the United States Coast Guard at New York, New York, issued an admonition to Appellant upon finding him guilty of negligence. The specification found proved al-leges that while serving as Master of M/V V. L. KEEGAN II under authority of the license above captioned, on 19 March 1968, Appellant negligently navigated his vessel on the wrong side of the channel in the East River, New York, near Hell Gate, contributing to a collision between his vessel and M/V OWLS HEAD.
At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony of three witnesses and certain documents.
In defense, Appellant offered in evidence the testimony of four witnesses and certain documents.
At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. He then entered an order placing an admonition in Appellant's record.
The entire decision was served on 29 October 1969. Appeal was timely filed on 26 November 1969 and perfected on June 1970. | Appeal No. 1981 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1982 - GOLTEN | This appeal has been taken in accordance with title 46 United
States code 239(g) and title 46 Code of Federal Regulations
137.30-1.
By order dated 21 July 1972, an Administrative Law Judge of
the United States coast guard at Portsmouth, Virginia, suspended
appellant's seaman's document for six months on 12 months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Tankerman on board the
Tank Barge ROBERT L. POLING under authority of the document above
described, on or about 23 September 1971, Appellant negligently
failed to insure that all cargo valves not connected with the
discharge of cargo were in a closed position, thereby contributing
to spillage of cargo into Baltimore Harbor on 24 September 1971.
At the hearing, appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses and transcripts from oral depositions. | Appeal No. 1982 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1983 - SESNY | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 28 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that Appellant was convicted for violation of
a narcotic drug law of the United States by the U.S. District Court
for the Southern District of California.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the record of
conviction despite Appellant's plea of guilty.
In mitigation, Appellant offered a copy of a two-page Customs
Report and made an informal statement. | Appeal No. 1983 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1984 - RUIZ | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for narcotic drug law violation." The
specification found proved alleges that Appellant was convicted on
17 April 1972 by District Court of Brazoria County, Texas, 23rd
Judicial District, a court of record, for violation of the narcotic
drug laws of the State of Texas.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the judgment of conviction and chemical analysis of the
substance found on Appellant's person.
In defense, Appellant offered in evidence a copy of the
offense report, Police Department, Freeport, Texas.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order revoking all documents issued to Appellant.
The entire decision was served on 14 August 1972. Appeal was
timely filed on 12 September 1972. | Appeal No. 1984 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1985 - CHRISTEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 December 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a messman on board SS AMERICAN CORSAIR under authority
of the document above captioned, on or about 14 January 1971,
Appellant:
(1) failed to perform duties because of intoxication;
(2) assaulted one Charles G. PACE, pantryman, by setting fire
to his mattress while PACE was sleeping on it;
(3) threatened on several occasions to blow up AMERICAN
CORSAIR, which carried military explosives as cargo; and (4) carelessly lighted matches about the deck of the
explosive - carrying vessel.
At the hearing, commencing at San Francisco, California,
Appellant was represented by professional counsel. Appellant
entered a plea of not guilty to the charge and each specification.
At Appellant's request the hearing was transferred to Portsmouth,
Va., where Appellant did not appear.
The Investigating Officer introduced in evidence the testimony
of witnesses and voyage records of AMERICAN CORSAIR. | Appeal No. 1985 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1986 - WATTS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 September 1972, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the SS
TEXACO MISSISSIPPI under authority of the license above described,
on or about 11 September 1969, Appellant did authorize the
discharge of an oily mixture from the vessel in violation of the
Oil Pollution Act of 1961 as amended.
At the hearing, Appellant was represented by professional
Counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony of the Chief Mate, three expert witnesses and the pilot of the
aircraft which detected the discharge, and ten exhibits.
In defense, Appellant offered in evidence the testimony of two
experts.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of three months outright.
The entire decision and order was served on 27 September 1972.
Appeal was timely filed on 4 October 1972. | Appeal No. 1986 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1987 - BROWN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 4 August 1972, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman's documents upon finding him guilty of
misconduct.The specification found proved alleges that while
serving as an Able Seaman on board United States SS HALCYON PANTHER
under authority of the document above captioned, on or about 10
September 1971, while the vessel was in the port of Subic Bay,
Republic of the Philippines, Appellant was wrongfully in possession
of marijuana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses, shipping documents of the SS HALCYON PANTHER, a bag of marijuana, and a laboratory report.
In defense, Appellant offered in evidence the testimony of a
co-respondent and certain documents.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant revoking all documents
issued to him.
The entire decision was served on 9 August 1972. Appeal was
timely filed on 8 September 1972. A brief in support of appeal was
received on 9 July 1973. | Appeal No. 1987 | Suspension and Revocation Appeals Authority | 8/22/1973 | 8/22/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1988 - STRULL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 16 November 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's license and seaman's documents for three months on nine
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Second
Assistant Engineer on board the SS AMERICAN LEADER under authority
of the license above captioned, on or about 14 September 1972,
Appellant did wrongfully assault and batter by gripping and shoving
with his hands a member of the crew, George C. Sawalich, First
Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Office introduced in evidence excerpts from
the shipping articles and official logbook and testimony of the First Assistant Engineer.
In defense, Appellant offered in evidence the testimony of A.
Hendy, a deck mechanic, and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then served a written order
on Appellant suspending all documents issued to him for a period of
three months on nine months' probation.
The entire decision was served on 24 November 1972. Appeal
was timely filed. | Appeal No. 1988 | Suspension and Revocation Appeals Authority | 8/29/1973 | 8/29/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1989 - BOEUF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 15 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a
TANKERMAN on board the United States Tank Barge LBT 20 under
authority of the document above captioned, on 14 January 1973,
Appellant wrongfully failed to properly supervise the loading of
BUNKER C to the said barge which resulted in No. 2 Port Tank
overflowing and thereby contributed to the pollution of the
navigable waters of the United States at mile 168 AHP, Lower
Mississippi River.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence the testimony
of an employee on the barge.
In defense, Appellant offered in evidence his own testimony
and that of a fellow employee.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant suspending all documents issued to Appellant for a period
of three months on twelve months' probation.
The entire decision and order was served on 21 February 1973.
Appeal was timely filed. | Appeal No. 1989 | Suspension and Revocation Appeals Authority | 9/7/1973 | 9/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2241 - NIED | 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 20 December 1978, an Administrative Law Judge
of the United States Coast Guard, after a hearing at Long Beach,
California, on 29 November 1978, suspended Appellant's documents
for a period of three months on nine months' probation, upon
finding him guilty of negligence. The single specification of the
charge of negligence found proved alleged that Appellant, while
serving as pilot aboard M/T LION OF CALIFORNIA, under authority of
his captioned documents, did on or about 19 September 1978, at
1759, navigate the vessel in a negligent manner so as to cause an
allision between the vessel and M/V GLOMAR EXPLORER in Slip 240,
Los Angeles Harbor.
At the hearing Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer offered into evidence, without
objection from Appellant, numerous copies of documents. It was
stipulated between the parties that Appellant was serving as Pilot
on board the LION OF CALIFORNIA at all times material and pertinent
to the issue at hand, and that he had given all engine and rudder
commands. The Investigating Officer introduced no further
evidence. | Appeal No. 2241 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2242 - JACKSON | 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 29 August 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellants' seaman's documents upon finding them guilty of
misconduct. The specification found proved in each case alleges
that while serving on board SS DELTA PARAGUAY under authority of
the documents above captioned, on or about 7 July 1978, Appellants,
at or about the steering engine room on board DELTA PARAGUAY did
wrongfully have in their possession certain narcotics, to wit,
marijuana.
The hearing was held in joinder at Houston, Texas, on 20 and
31 July 1978.
At the hearing, Appellants elected to act as their own counsel
and entered pleas of not guilty to the charges and specifications. | Appeal No. 2242 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2243 - TRIGG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 16 January 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for one month, plus two months on nine months'
probation, upon finding him guilty of the charge of "inattention to
duty." The specification found proved alleges that while serving
as Second Assistant Engineer on board SS AMERICAN ARGOSY under
authority of the document and license above described, on or about
24 May 1979, while the vessel was in Baltimore, Appellant
negligently failed to adequately conduct oil transfer between No.
7 starboard fuel oil tank and No. 2 starboard settling tank,
causing overflow of the settling tank into Baltimore Harbor and
pollution of navigable waters of the United States (about 2
barrels).
The hearing was held at New York, New York, on 20 June, 20
July, 16 August and 20 September 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification.
The Investigating Officer's evidence consisted of the
testimony of one witness, the engine log, and documents concerning
tank loading.
In defense, Appellant offered his own testimony. Appellant
also offered one document which was not admitted. | Appeal No. 2243 | Suspension and Revocation Appeals Authority | 4/2/1981 | 4/2/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2244 - JAHN | 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 23 May 1980, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved allege that while serving as Pilot on board SS CORNUCOPIA
under authority of the license above captioned, on or about 8
December 1979, while said vessel was enroute from San Francisco to
Stockton, Appellant failed to properly maintain control of said
vessel, resulting in CORNUCOPIA's colliding with and damaging
Beacon #11 (LLNR891) an established U.S. aid to navigation; and
that while serving as aforesaid, did fail to properly maintain
control of said vessel resulting in its grounding.
The hearing was held at San Francisco, California, on 6 and 28
February and 7 and 14 March 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications. | Appeal No. 2244 | Suspension and Revocation Appeals Authority | 4/28/1981 | 4/28/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2246 - CONWAY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and CFR 5.30-1.
By order dated 18 March 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Tankerman on board the
TANK BARGE E 21, under authority of the document above captioned,
at or about 20 July 1979, while the barge was moored in Perth
Amboy, New Jersey, Appellant wrongfully caused the opening of the
manifold valve before the hose connections were complete, thus
permitting a harmful quantity of oil to spill into the Raritan
River, a navigable water of the United States.
The hearing was held at New York at various time from 16
August 1979, to 14 March of 1980.
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 testimony of five witnesses.
In defense, Appellant offered in evidence three written
statements, two documents, his own testimony, and that of a
witness. | Appeal No. 2246 | Suspension and Revocation Appeals Authority | 6/3/1981 | 6/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2247 - LUKOWSKI | 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 24 September 1979, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's documents for three months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Ship's Utilityman on
board the United States SS B.T. SAN DIEGO under authority of the
document above captioned, on or above 4 April 1979, while the
vessel was moored in Port Angeles, Washington, Appellant assaulted
Boatswain Theodore Levy.
The hearing was held at Long Beach, California, on 3 and 29
August and 24 September 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence two exhibits
and the testimony of one witness. | Appeal No. 2247 | Suspension and Revocation Appeals Authority | 6/3/1981 | 6/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2248 - FREEMAN | This review has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 19 June 1980, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, 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 alleged that while serving as
operator/person-in-charge on board M/V IKE D and tow, under
authority of the license above captioned, on or about 17 January
1980, Appellant, while navigating the Mississippi River near New
Orleans, La., above the Huey P. Long Bridge, in darkness between
the hours of sunset and sunrise, wrongfully failed to show the
required navigation lights on his towing vessel and the barge in
tow.
The hearing was held at New Orleans, La., on 21 February, 11
and 25 March, 1 and 29 April, 8 May, 16 June, and 2 July 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2248 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2249 - DURAND | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 30 November 1979, and Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for three months, plus six months on
twelve months' probation, upon finding him guilty of misconduct.
The amended specification found proved alleged that while serving
as Operator on board the United States M/V PILOT, O.N. 580326,
under authority of the documents above captioned, on or about 22
September 1977, Appellant operated said vessel in the Southwest
lane, in contravention of the Strait of Dover Traffic Separation
Scheme promulgated under authority of IMCO Resolution A. 284
(VIII), 20 November 1973. A second amended specification, that
Appellant did ship and discharge seaman without filing a report as
required by 46 U.S.C. 643(1), was found not proved.
The hearing was held at Jacksonville, Florida, on 23 April, 23
July, 28 September, and 4 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced in evidence thirteen
documentary exhibits and the testimony of one witness. | Appeal No. 2249 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2250 - HADWARI | 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 25 April 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing on several dates between 21 March and 6 April 1978,
suspended. Appellant's document for a period of three months on
probation of twelve months upon finding him guilty of misconduct.
The two specifications of the charge of misconduct found proved
allege (1) that Appellant, while serving as ordinary seaman aboard
SS AMERICAN AQUARIUS, under authority of the captioned document,
did, on or about 22 January 1978, while said vessel was in the
foreign port of Yokohoma, Japan, wrongfully fails to obey a lawful
order of the Third Officer, to wit, go below; (2) that Appellant,
while serving as aforesaid, did, on or about 22 January 1978, while
said vessel was leaving the foreign port of Yokohoma, Japan,
wrongfully direct obscene and abusive language at the Chief
Officer.
At the hearings Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2250 | Suspension and Revocation Appeals Authority | 6/8/1981 | 6/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2252 - BOYCE | This appeal has been taken in accordance with Title 46
U.S.C.239(g) and 46 CFR 5.30-1.
By order dated 12 October 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Able Bodied Seaman on board SS AMERICAN CHARGER under
authority of the document above captioned, on or about 16 October
1978, Appellant, while said vessel was in the port of San Diego,
California, wrongfully had in his possession narcotics.
The hearing was held at New York, New York on 3 January and
continued through 9 August 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of one witness, a deposition, and three documentary exhibits.
In defense, Appellant offered no evidence, but did submit a
Memorandum of Law.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and specification had been proved. He then served a written order on
Appellant revoking all documents issued to Appellant.
The entire decision was served on 15 October 1979. Appeal was
timely filed on 9 November 1979 and perfected on 7 February 1980. | Appeal No. 2252 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2253 - KIELY | 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 April 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for three months on twelve month's
probation upon finding him guilty of inattention to duty. The
specification found proved alleges that while serving as Chief Mate
on board SS WORTH under authority of the license above captioned,
on or about 2 June 1978, at Texaco Eagle Point Westville, New
Jersey, on the Delaware River, Appellant failed to adequately
supervise a ballast loading operation on his vessel, causing
pollution of the navigable waters of the United States.
The hearing was held at San Francisco, California, on 15
October and 7 December 1979, 17 and 29 January 1980, and 30 April
1980.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to each charge and specification.
The Investigating Officer introduced in evidence statements of
the Second Mate, Mr. William T. Smith; an affidavit of service on
Appellant of 5 October 1979 by the Investigating Officer; and a
Master's Report of Seaman Shipped or Discharged (CG-735(T)) dated
17 October 1979 for SS WORTH. | Appeal No. 2253 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2254 - YOUNG | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 6 March 1979, 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 alleged that while
serving as fireman-watertender on board SS AFRICAN NEPTUNE under
authority of the document above captioned, on or about 20 October
1977, Appellant had in his possession 1909.2 grams of marijuana, a
controlled substance.
The hearing was held at Philadelphia, Pennsylvania, on
December 13, 1978 and continued through February 7, 1979.
At the initial hearing, Appellant was represented by
professional counsel and entered a plea of not guilty to the charge
and specification. The counsel representing Appellant at the
hearing before the Administrative Law Judge failed to appear on
several occasions, despite agreed dates. On 8 January 1979, the
hearing proceeded without the presence of Appellant's counsel. At
a subsequent session counsel did appear, and was afforded the
opportunity of recalling the principal witness presented by the
Investigating Officer. Appellant is now represented by substitute
counsel. | Appeal No. 2254 | Suspension and Revocation Appeals Authority | 7/22/1981 | 7/22/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2255 - BASIR | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated October 10, 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for 2 months, plus 4 months on 12
months' probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Able
Seaman on board SS DELTA BOLIVIA under authority of the document
above captioned, on or about 2 December 1978, Appellant failed to
perform his duties because of intoxication; failed to obey direct
orders of the Third Mate and of the Chief Mate; wrongfully consumed
alcoholic beverages aboard DELTA BOLIVIA, and used foul and abusive
language toward the Third Mate.
The hearing was held on 15 February, 3 and 5 April, 11, 14,
and 29 May, and 11 and 28 June 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer submitted three exhibits and the
sworn testimony of four witnesses.
In defense, Appellant submitted eight exhibits and his own
testimony. | Appeal No. 2255 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/9181 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2256 - MONTANEZ | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
5.25-15.
By order dated 25 January 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The three specifications found proved alleged that
while serving as Ordinary Seaman on board SS BANNER under authority
of the document above captioned, on or about 10, 13 and 14 November
1979, Appellant failed to perform his duties as bow lookout.
The hearing was held at Boston, Massachusetts, on 29 November
1979 and 15 January 1980.
Appellant failed to appear at the hearing. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification on Appellant's behalf, and the hearing proceeded
in absentia.
The Investigating Officer introduced in evidence the testimony
of one witness and four exhibits.
No evidence was offered in defense. | Appeal No. 2256 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2257 - MALANAPHY | 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 July 1980, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, suspended
Appellant's seaman's documents for two months on eight months'
probation, upon finding him guilty of the charge of misconduct.
The specification found proved alleges that while serving as Chief
Mate on board the M/V WALLA WALLA, under authority of the license
above captioned, on or about 10 May 1980, Appellant failed to
respond promptly to a passenger's timely summons for help, thereby
being unavailable to avert an assault which subsequently occurred,
resulting in injury to a crew member.
The hearing was held at Seattle, Washington, on 30 June and 1
July 1980.
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 four witnesses and nine documents.
In defense, Appellant offered in evidence the testimony of
three person, including his own, and one document. | Appeal No. 2257 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2258 - HOPKINS | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 28 January 1980, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for three months, on twelve months' probation,
upon finding him guilty of negligence. The specifications found
proved alleged that while serving as Second Mate on board SS
MONTPELIER VICTORY under authority of the license above captioned,
on or about 27 January 1979, Appellant:
-negligently navigated the said vessel by failing to ascertain
the said vessel's position between approximately 1600 and 1650;
-did negligently plot upon the chart the 1610 fix incorrectly;
-did negligently alter the vessel's course from 287° gyro to
300° without first properly fixing the vessel's position,
contributing to the grounding of the said vessel; and
-did negligently turn over the deck watch to the Third
Officer, Walter S. BENECKY, without properly advising him of the
vessel's position, thereby contributing to the grounding of the
said vessel.
The Administrative Law Judge found that the latter two
specifications were proved as matters in aggravation with respect
to the first two specifications found proved, and not as
independent offenses. | Appeal No. 2258 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2259 - 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 12 December 1980, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's license for one month on twelve months' probation, upon
finding him guilty of negligence. The specification found proved
alleged that while serving as operator on board M/V CITY OF
PITTSBURGH under authority of the license above captioned, on or
about 1 October 1980, Appellant failed to maintain a proper watch
on river conditions, which contributed to the grounding of tank
barge AO-98 due to falling river conditions.
The hearing was held at Louisville, Kentucky, on 19 November
1980.
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 seven documents. | Appeal No. 2259 | Suspension and Revocation Appeals Authority | 7/29/1981 | 7/19/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2260 - BOGGAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 December 1979, an Administrative Law Judge
of the United States Coast Guard at Mobile, Alabama, suspended
Appellant's documents outright for two months, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleged that while serving as First
Assistant Engineer on board SS INTREPID under authority of the
documents above captioned, on or about 11 September 1979, Appellant
wrongfully deserted the vessel at a foreign port, to wit: Guam,
Mariana Islands.
The hearing was held at Mobile, Alabama, on 16 November 1979.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2260 | Suspension and Revocation Appeals Authority | 7/30/1981 | 7/30/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2261 - SAVOIE | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 19 June 1979, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license for two months upon finding him guilty of the
charges of misconduct and negligence. The specifications found
proved alleged that while serving as Master on board SS FORT WORTH,
O.N. 247276, under authority of the documents above captioned, on
or about 21 February 1979, Appellant while navigating the vessel in
the Taunton River, Fall River, Massachusetts, negligently failed to
insure that the vessel's position was fixed and plotted on the
chart of the area as required by 33 CFR 164.11, thereby
contributing to the grounding of the vessel; and that while engaged
as aforeside Appellant wrongfully failed to notify the nearest
Marine Inspection Officer as soon as possible of the grounding of
the vessel in the Taunton, Fall River, Massachusetts, as required
by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 12 March
and 17-18 April 1979. | Appeal No. 2261 | Suspension and Revocation Appeals Authority | 8/12/1981 | 8/12/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2262 - SHERMAN | 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 June 1980, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and document for two months, upon finding him
guilty of misconduct. The single specification found proved
alleges that while serving as Master on board the United States M/V
OCEAN PRINCE, O.N. 276461, under authority of the document and
license above captioned, on or about 1545, on 10 March 1980,
Appellant wrongfully failed to notify the nearest Marine Inspection
Office as soon as possible of the collision of the Tank Barge
HYGRADE 42, O.N. 515005 with the fender system of the Brightman
Street Bridge in the Taunton River, causing damage in excess of
fifteen hundred ($1500) dollars, as required by 46 CFR 4.05-1.
The hearing was held at Providence, Rhode Island, on 25 March
and 14 April 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specification. | Appeal No. 2262 | Suspension and Revocation Appeals Authority | 8/31/1981 | 8/31/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2263 - HESTER | This appeal has been taken in accordance with Title 46, United
States Code 239(g) and Title 46, Code of Federal Regulations
5.30-1.
By order dated 31 October 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for nine months, plus three
months on twelve months' probation, upon finding him guilty of
misconduct. four specifications were alleged to support the
amended charge:
First Specification: In that [Appellant], while serving as
able Bodied Seaman aboard SS TRANSCOLORADO under authority of the
captioned document, did not or about the 25th of February 1978,
while said vessel was in the port of Liverpool, England, wrongfully
assault and batter a fellow crewmember, Mr. Gerald R. Drayney.
Second Specification: In that [Appellant], while serving as
Able Seaman aboard the SS SANTA MARIA, under authority of the
captioned document did on or about 4 November 1978, while said
vessel was at sea, wrongfully fail to perform his duties properly
due to intoxication.
Third Specification: In that [Appellant], while serving on
the SS SANTA MARIA, did on or about 4 November 1978, fail to obey
a lawful order of the Master. | Appeal No. 2263 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |