| Suspension and Revocation Appeals Authority | 2183 - FAIRALL | This appeal has been taken in accordance with Title 46 United
States Code 239(G) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 April 1978, and administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
two specification of the charge of misconduct. The two
specifications of misconduct found proved allege that Appellant,
while serving aboard the SS MAYAGUEZ under authority of the above
captioned document, (1) did, on 6 February 1977, wrongfully use
foul and abusive language towards a superior officer, the Chief
Mate, and (2) did, on 18 February 1977, while said vessel was in
the Port of Keelung, Taiwan, wrongfully assault and batter the
Chief Mate, by kicking him repeatedly.
At the hearing, appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence eight
document including the depositions of two witnesses.
In defense, Appellant offered the testimony of three
witnesses, including his own.
Subsequent to the hearing the Administrative Law Judge
rendered a decision in open hearing in which he concluded that the charge and specification had been proved. He then entered an order
of revocation. | Appeal No. 2183 | Suspension and Revocation Appeals Authority | 2/21/1980 | 2/21/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2182 - WILLIAMS | This appeal has been taken in accordance with Title 48 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 August 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 31 May 1977, revoked
Appellant's document upon finding him guilty of misconduct. The
four specifications of the charge of misconduct found proved allege
(1) that Appellant while serving as Pumpman aboard SS AMERICAN
EAGLE, under authority of the captioned document, was, on or about
12 and 13 May 1977, under the influence of liquor on board said
vessel while at sea; (2) that Appellant, while serving as
aforesaid, did on or about 12 and 13 May 1977, disobey a lawful
order of the Master of said vessel, to wit, ship's standing order
number 7; (3) that Appellant, while serving as aforesaid, did, on
or about 12 May 1977, place his hand on the "private parts" of
cremember Cadet James Doherty; and (4) that Appellant, while
serving as aforesaid, did on or about 12 May 1977, make lewd and
obscene comments to a crewmember, Cadet James Doherty.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and eight documents.
Subsequent to the hearing, the Administrative Law Judge and all specification as alleged had been proved. He then entered
an order of revocation.
The decision was served on 28 November 1977. Appeal was
timely filed on 8 December 1977. | Appeal No. 2182 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2181 - BURKE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, after a hearing
at Galveston, Texas, on various dates between 31 May 1977 and 6
January 1978, revoked the captioned documents upon finding
Appellant mentally incompetent. The original specification of
mental incompetence found proved alleges that Appellant, while
serving as second mate aboard SS MISSOURI, on or about 3 November
1973, while the vessel was at sea, was, and presently is, mentally
incompetent to perform the duties for which he holds a license and
document issued by the Coast Guard.
This hearing was conducted pursuant to the order of the
National Transportation Safety Board No. EM-51, 2 NTSB 2784(1976).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2181 | Suspension and Revocation Appeals Authority | 2/11/1980 | 2/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2180 - METCALFE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 June 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent for
service as a seaman. The specification found proved alleges that
while serving as able seaman on board the United States SS AMERICAN
EAGLE under authority of the document above captioned, on or about
14 January 1978, Appellant, while the vessel was in the port of
Portland, Maine, suffered from a "seizure".
The hearing was held at Port Arthur, Texas, on 30 January and
11 April 1978.
At the hearing, Appellant failed initially to appear but when
granted a reopening of the case elected to act as his own counsel
and entered a plea of not guilty to the charge.
The Investigating Officer introduced in evidence the testimony
of witnesses and medical records.
In defense, Appellant offered in evidence the testimony of two
witnesses. After the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2180 | Suspension and Revocation Appeals Authority | 1/8/1980 | 1/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2179 - COOPER | This appeal has been taken in accordance with Title 46 United
States code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 December 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing at New York, New York, on 8 and 26 September and 3 and 18
October 1977, revoked Appellant's document upon finding him guilty
of conviction for a narcotic drug law violation. The specification
found proved alleges that Appellant was convicted on 22 February
1977, in the criminal court of the City of New York, a court of
record, of a violation of the Narcotic Drug Laws of the State of
New York, to wit, section 220.03 of the Penal Law of the State of
New York.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence four
documents.
Appellant offered no evidence in defense.
On 8 December 1977, the Administrative Law Judge entered a
written decision in which he concluded that the charge and
specification as alleged had been proved. He then entered an order
of revocation. | Appeal No. 2179 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2178 - HALL | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 10 August 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's license for two months on six months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator of M/V GRANDE, under
authority of the license above captioned, on or about 3 July 1978,
Appellant negligently allowed passengers to throw trash and debris
over the side in violation of the Refuse Act of 1899.
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 oral
testimony of two witnesses.
In defense Appellant introduced the oral testimony of three
witnesses, including his own, and three photographs. | Appeal No. 2178 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2177 - HOMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 20 April 1978, suspended
Appellant's license for a period of two months and further
suspended it for one month on probation for 12 months. The two
specifications of the charge of negligence found proved allege (1)
that Appellant, while serving as Master aboard Tug KING PHILIP,
under authority of the captioned documents, did on 1 April 1978,
attempt to transit Cape Code Canal without assessing properly the
effects that the tidal current in the Canal would have on his
vessel and its tow, Tank Barge RHODE ISLAND; and (2) in that
Appellant, while serving as aforesaid, did ground the Tank Barge
RHODE ISLAND; and on the northern edge of Cape Cod on 1 April 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2177 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2176 - REED | These appeals have been taken in accordance with 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 22 September 1977, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellants' seaman's documents each for six months on
twelve months' probation, upon finding each guilty of misconduct.
The specifications found proved allege that while serving on board
SS JEFF DAVIS under authority of the documents above captioned, on
or about 9 December 1976, each Appellant wrongfully created a
disturbance by engaging in a fight with the other.
The hearings were held in joinder at New Orleans, Louisiana,
on several occasions, from 15 February 1977 to 7 September 1977.
At the proceedings each Appellant was represented by
professional counsel and entered a plea of not guilty to the
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of one witness, obtained by deposition on written interrogatories,
and voyage records of JEFF DAVIS. | Appeal No. 2176 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2175 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 18 May 1977, an Administrative Law Judge of the
United States Coast Guard at San Juan, Puerto Rico, suspended
Appellant's license for one month and for an additional two months
on four months' probation upon finding him guilty of negligence.
The specification of negligence found proved alleges that Appellant
while serving as Pilot aboard SS PONCE DE LEON, under authority of
his license and document, on 7 December 1976 negligently navigated
SS PONCE DE LEON without the use of available tugboats while the
vessel was attempting to negotiate the turn from Army Terminal
Channel to Puerto Nuevo Channel, Bahia de San Juan, Puerto Rico,
thereby contributing to a collision between the PONCE DE LEON and
Puerto Nuevo Terminal Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2175 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2174 - TINGLEY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 December 1977, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington, after hearing
at Anchorage, Alaska, on 8,9, and 10 November 1976, 16 and 17
February and 8 February and 8 September 1977, suspended Appellant's
license for a period for a period of three months upon finding him
guilty of negligence. The two specifications of negligence found
proved allege: (1) that Appellant, while serving as pilot aboard
SS PORTLAND, under authority of the captioned document, did on 20
October 1976 wrongfully fail to navigate the vessel prudently,
causing an a
llision between SS PORTLAND and the north end of the Anchorage City
Dock; and (2) that Appellant, while serving as aforesaid, did on 20
October 1976 wrongfully fail to ascertain the correct state of the
correct state of the tide, causing an allision between SS PORTLAND
and the north end of the Anchorage City Dock.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2174 | Suspension and Revocation Appeals Authority | 1/7/1980 | 1/7/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2173 - PIERCE | 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 July 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
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 Pilot
aboard the SS RICE QUEEN, under the authority of the
above-captioned license, on or about 19 December 1977, Appellant,
while the vessel was underway within Suisun Bay, negligently failed
to take precautions necessary to prevent the collision of the SS
RICE QUEEN with Suisun Bay Light 31 (LLNR 872.20).
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 into evidence a
stipulation of facts. | Appeal No. 2173 | Suspension and Revocation Appeals Authority | 11/28/1979 | 11/28/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2172 - CHAPMAN | The Decision on Appeal, No. 2127, in this case has been
reconsidered on my own motion. It was held in the principal
decision that because the expression "complement of officers and
crew" appeared in the first paragraph of R.S. 4463 (46 U.S.C. 222)
and the language in the second paragraph, allowing discretion to
the master of a vessel to sail with a deficiency, spoke only of a
deficiency in the "crew," there could be no allowable sailing of a
vessel with a deficiency of a licensed officer. It was said, "A
vessel may not, under this statute, be navigated at all with a
deficiency of a required licensed officer."
From the enactment of section 14, of Act, Feb. 28, 18718 ch.
100, 16 Stat. 446 the statute from which R.S. 4463 was derived,
until 1908, the law was concerned only with the problem of
deficiency of licensed officers. Such a deficiency was tolerated
under carefully prescribed circumstances. There was no reference
to deficiency of other than licensed officers, presumably because
such deficiencies were not considered significant at the time. In
1908 the statute was expanded to vest in the inspectors the
authority to prescribe the requirements not only of licensed
officers but also of the other seamen who might be found, in the
judgement of the inspectors, necessary for the safe navigation of
the vessel. The view expressed in the principal decision in this case necessitates a belief that the amendment of 1908 was intended
to allow a deficiency in the unlicensed members of the crew (who
had never before been "required") but to cut off completely the
possibility of the one form of deficiency with which the statute
had been concerned for over thirty years. | Appeal No. 2172 | Suspension and Revocation Appeals Authority | 11/21/1979 | 11/21/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2171 - DEIBAN | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 21 December 1977, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at New York, suspended Appellant's Merchant Mariner's
Document for a period of nine months and further suspended his
document for and additional period of three months on probation for
twelve months upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board SS MARINE EAGLE, under authority of the above captioned
document, Appellant on or about 5 August 1976 wrongfully assaulted
and battered Arthur T. Rudder, the Assistant Engineer, and that
Appellant wrongfully assaulted and battered Arthur T. Rudder with
a dangerous weapon.
Appellant was represented by professional counsel at the
hearing. The proceedings were interpreted form English to
Appellant's native language, Arabic, for Appellant's benefit.
Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
depositions of the victim and another eyewitness to the alleged
incident.
In defense, Appellant introduced into evidence and undated
statement of the Chief Officer of MARINE EAGLE which purports to reflect the oral unsworn statement of Appellant with respect to the
alleged incidents. | Appeal No. 2171 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2170 - FELDMAN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 7 April 1977, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for six months, plus a further six
months on twelve months' probation, upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as third mate on board the United States SS MAYAGUEZ under
authority of the document and license above captioned, on or about
21 March 1976, Appellant wrongfully failed to perform duties in
connection with undocking the vessel because of intoxication and
engaged in mutual combat with a member of the crew at Subic Bay,
and, on 22 March 1976, wrongfully failed to stand a sea watch
because of intoxication.
The hearing was held at Long Beach from 9 September 1976 to 25
March 1977.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each specification. | Appeal No. 2170 | Suspension and Revocation Appeals Authority | 11/6/1979 | 11/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2169 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 July 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for twelve months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as "Operator on board MV SUPER CAT under authority of
the license above captioned, on or about 5 January 1977, Appellant
committed eight assaults or assaults and batteries on, or uttered
threats to, four passengers aboard SUPER CAT.
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 several witnesses.
In defense, Appellant offered in evidence the testimony of
certain witnesses and certain documents. | Appeal No. 2169 | Suspension and Revocation Appeals Authority | 11/5/1979 | 11/5/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2168 - COOPER | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 3 October 1978, an Administrative Law Judge of
the Untied States Coast Guard at Jacksonville, Florida, after a
hearing at Charleston, South Carolina, revoked Appellant's Merchant
Mariner's Document upon finding him guilty of "conviction for a
narcotic drug violation." The specification found proved alleges
that while the holder of the above-captioned document on 30 April
1971, Appellant was "convicted of possession of narcotics, to wit,
marijuana, by the Circuit Court of Cook County, Illinois."
At the hearing, Appellant appeared pro se and entered
a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence a certified
copy of the "Complaint for Preliminary Examination" and subsequent
conviction by the Circuit Court of Cook County, Illinois, dated 20
September 1971.
Appellant offered no evidence but elected to make a sworn
statement in extenuation and mitigation pursuant to the provisions
of 46 CFR 5.20-85(b).
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 and order was served on 6 October 1978.
Appeal was timely filed on 6 October 1978, immediately after
service. | Appeal No. 2168 | Suspension and Revocation Appeals Authority | 10/23/1979 | 10/23/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2167 - JONES | This appeal has been taken in accordance with 46 U.S.C. 239
(g) and 46 CFR 5.30-1.
By order dated 5 May 1978, and Administrative Law Judge of the
United States Coast Guard at San Francisco, California, after a
hearing at San Francisco, California, on 17 and 27 February and 30
March 1978, suspended Appellant's license and all other valid Coast
Guard issued licenses for a period of three months on probation for
six months upon finding him guilty of negligence. The one
specification of the charge of negligence found proved alleges that
Appellant, while serving as Master aboard SS SANTA MARIA, under
authority of the captioned document, did, on 9 February 1978, fail
to take timely action to prevent SS SANTA MARIA from running into
water too shallow for her draft, thereby causing the vessel to
ground in Carquinez Strait, California, on 9 February 1978.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced into evidence the
testimony of four witnesses, one deposition, and four documents. | Appeal No. 2167 | Suspension and Revocation Appeals Authority | 10/17/1979 | 10/17/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2166 - REGISTER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Jacksonville, Florida, on 25, 27, and 29 April 1978,
suspended Appellant's license for a period of three months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant, "while serving as Pilot aboard M/V PUERTO
RICO, under authority of the captioned documents, did on or about
1040, 25 March 1978, while entering the Saint Johns River from
seaward, failed[sic] to reduce the speed of the M/V PUERTO RICO
sufficiently in that the wake generated by said vessel was
excessive and caused damage to personal property on the adjacent
shoreline."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2166 | Suspension and Revocation Appeals Authority | 9/18/1979 | 9/18/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2165 - BOLDS | These appeals have been taken in accordance with Title 46
United states Code 239(g) and Title 48 Code of Federal Regulations
5.30-1.
By orders dated 26 October 1977 (BOLDS) and 27 October 1977
(BROOKS), an Administrative Law Judge of the United States Coast
Guard at Jacksonville, Florida, revoked the seamen's documents of
both Appellants upon finding each guilty of misconduct. The
specifications found proved allege that BOLDS, while serving as
crew messman, and BROOKS, while serving as bedroom utility, on
board SS HESS VOYAGER under the authority of the respective
document above captioned, did:
"on or about 29 July 1977 wrongfully have in your possession
certain narcotics to wit; marijuana."
The cases of the Appellants were joined for a single hearing upon motion of the Investigating Officer. The hearing was held at
San Juan, Puerto Rico, on 12 and 13 October 1977. The hearings
were held in absentia, upon the failure of the Appellants
to appear at the time and place specified, after their requests to
the Administrative Law Judge for a change of venue were denied on
the grounds of insufficient reasons stated in the requests. The
Administrative Law Judge entered a plea of not guilty for each
Appellant as to the charge and specification against each.
Appellants were not represented by counsel in the course of the
proceedings leading to the initial decisions in these cases. | Appeal No. 2165 | Suspension and Revocation Appeals Authority | 9/11/1979 | 9/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2164 - MURPHY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 16 February 1978, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
after a hearing at San Francisco, California, on 15 and 30 December
1977, and 24 January 1978, suspended Appellant's license for a
period of two months on probation for six months upon finding him
guilty of negligence. The single specification of the charge of
negligence found proved alleges that Appellant, while serving as
chief mate aboard SS EXXON PHILADELPHIA, under authority of the
captioned documents, did on 1 December 1977, while said vessel was
at Richmond Long Wharf, Chevron Oil Dock, Richmond, California,
negligently fail to align the ballast transfer valves properly
while ballasting the said vessel, thereby wrongfully discharging a
harmful quantity of oil into the navigable waters of the United
States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and specification. | Appeal No. 2164 | Suspension and Revocation Appeals Authority | 9/7/1979 | 9/7/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2163 - WITTICH | 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 7 June 1978, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida, after a hearing
at Jacksonville, Florida, on 30 May 1978, suspended Appellant's
license for a period of 6 months on probation for a period of 12
months upon finding him guilty of misconduct. The single
specification of misconduct found proved alleges that Appellant,
while serving as second assistant engineer aboard CAROLE G. INGRAM,
under authority of the captioned documents, did, on or about 25 May
1978, while in the service of CAROLE G. INGRAM and while on board
the INGRAM's tow, the barge IOS 3302, which was at anchor in the
St. John's River, Jacksonville, Florida, wrongfully assault and
batter by paushing down onto the sand locker of said barge, a
member of the crew. to wit AB Armando RODRIGUEZ.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of two witnesses and seven documents.
In defense, Appellant introduced into evidence his own
testimony. | Appeal No. 2163 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2162 - ASHFORD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 24 May 1978, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, after a hearing at
Port Arthur, Texas, on 27 April 1978, suspended Appellant's license
outright until 20 December 1978 and Apellant's merchant mariner's
document outright until 20 September 1978, and further suspended
Appellant's merchant mariner's document until 20 December 1978, on
probation unit 20 December 1978, upon finding him guilty of
misconduct. The single specification of the charge of misconduct
found proved alleges that Appellant, while serving as operator
aboard M/V GULF WATER III, under authority of the captioned
documents, did, on 13 April 1978, wrongfully operate the motor
vessel GULF WATER III, an uninspected towing vessel, while the
captioned license was deposited in compliance with an order of
suspension.
At the hearing, Appellant represented himself. Appellant
entered a plea of guilty to the charge and specification.
The Investigating Officer introduced into evidence six
documents. | Appeal No. 2162 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2161 - BRONZOVICH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 30 March 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida after
hearings at Jacksonville, Florida, on 29 November 1977 and 9
January 1978, suspended Appellant's license for two months and
further suspended it for three months on twelve months' probation
upon finding him guilty of negligence. Six specifications of
negligence had been alleged. The two specifications found proved
alleged (1) that Appellant, while serving as operator aboard the
Tug Boat ST2127, under authority of the captioned document, did on
or about 14 August 1977 fail "to sound the vessel ST2127's general
alarm prior to the moment of extremis [sic]," and (2) that
Appellant, while serving as above, failed to maintain the vessel
ST2127's double bottom fuel tanks and the after ballast tanks in a
ballasted condition for optimum stability.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications. | Appeal No. 2161 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2160 - WELLS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 19 May 1978, an Administrative Law Judge of the
United States Coast Guard at New York, New York, after a hearing at
Philadelphia, Pennsylvania, on 14 November, 7 December, and 28
December 1977, and 13 February and 19 April 1978, suspended the
captioned documents for a period of four months and further
suspended them for a period of four months on twelve month's
probation upon finding him guilty of misconduct. The two
specifications of the charge of misconduct found proved allege:
(1) that Appellant, while serving as third mate aboard SS OVERSEAS
VALDEZ, under authority of the captioned documents, did, on 9
November 1977, while the vessel was anchored in the Delaware Bay
off Lewis, Delaware, wrongfully strike with his fist Thurman Young,
able seaman, while in the vessel's chart room at approximately 0330
from which a fight was precipitated; and (2) that Appellant while
serving as aforesaid on 9 November 1977, did wrongfully fail to
obey the lawful order of the Master, Jay D. Bolton, by continuing
to fight with Thurman Toung after the Master had ordered him to
stop fighting. | Appeal No. 2160 | Suspension and Revocation Appeals Authority | 9/6/1979 | 9/6/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2159 - MILICI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.301.
By order dated 2 February 1977, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months outright plus four
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an able bodied seaman on board the United States SS
TRANSINDIANA under authority of the document above captioned, on or
about 25 June 1976, Appellant assaulted and battered another member
of the crew, one Horace Serrette, also an AB seaman.
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 and the testimony of Horace Serrette.
In defense, Appellant offered in evidence his own testimony.
Later, the testimony of one Morales, taken by deposition on
written interrogatories, was entered in evidence by the
Investigating Officer.
After the hearing, the Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He then entered an order suspending all documents issued to Appellant for a period of two months outright plus four months
on twelve months' probation.
The entire decision was served on 14 February 1977. Appeal
was timely filed and perfected on 7 November 1977. | Appeal No. 2159 | Suspension and Revocation Appeals Authority | 8/15/1979 | 8/15/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2158 - MCDONALD | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 16 November 1977, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida, after a
hearing conducted at Tampa, Florida, on 16 June and 9 August 1977,
suspended Appellant's license for a period of one month and further
suspended his license for an additional period of four months on
probation for twelve months upon finding him guilty of negligence.
The one specification of the charge of negligence found proved
alleges that Appellant while serving as First Class Pilot aboard SS
PHILLIPS WASHINGTON, under authority of the captioned document, did
on or about 27 March 1977, while the vessel was maneuvering in
Tampa Bay, Florida, negligently order full ahead engines while the
tug TONY ST. PHILIP was made fast to the stern of PHILLIPS
WASHINGTON, thereby resulting in tripping and subsequent sinking of
the tug TONY ST. PHILIP.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2158 | Suspension and Revocation Appeals Authority | 8/7/1979 | 8/7/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2157 - KING | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 27 March 1973, an Administrative Law Judge of
the United States Coast Guard at Wilmington, North Carolina,
revoked Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as utilityman on board SS JAMES under authority of the
document above captioned, on or about 17 November 1972, Appellant,
at Apra, Guam, wrongfully had a quantity of marijuana in his
possession.
The hearing was opened at Wilmington, North Carolina, on 19
December 1972.
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 certain evidence and
moved for the taking of testimony of two witnesses by deposition on
written interrogatories. The motion was granted and the hearing
was adjourned sine die.
A timely notice of reconvening of the hearing was delivered to
Appellant by registered mail, and the hearing was reopened as
scheduled on 8 March 1973 at Wilmington. Appellant did not appear
nor give notice of any kind. The hearing proceeded in
absentia.
After the hearing the Administrative Law Judge rendered a
written decision in which he concluded that the charge and specification had been proved. He then entered an order revoking
all documents issued to Appellant.
The decision was not served on Appellant until 28 November
1978. Notice of Appeal was timely filed on 26 December 1978. | Appeal No. 2157 | Suspension and Revocation Appeals Authority | 7/31/1979 | 7/31/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2156 - EDWARDS | 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 25 July 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Savannah, Georgia, on 3 May, 4 May, and 14 June 1978,
revoked Appellant's license upon finding him guilty of misconduct.
The two specifications of the charge of misconduct found proved
allege (1) that Appellant, while serving as third assistant
engineer aboard the dredge M/V MANHATTAN ISLAND, under authority of
the captioned documents, did at or about 1000, 18 April 1978, while
the vessel was anchored in the Savannah River, Savannah, Georgia,
use abusive and foul language toward the Master of the vessel,
Captain Leroy A. PLATT; and(2) that Appellant, while serving as
third assistant engineer aboard the dredge M/V MANHATTAN ISLAND,
under authority of the captioned documents, did at or about 1210,
18 April 1978, while said vessel was moored in the Savannah River,
Savannah, Georgia,wrongfully assault and batter by choking with his
hands the Master of the vessel, Captain Leroy A. PLATT.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of six witnesses, three documents, and one photograph.
In defense, Appellant introduced into evidence the testimony
of five witnesses, his own included, and five documents. | Appeal No. 2156 | Suspension and Revocation Appeals Authority | 7/25/1979 | 7/25/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2155 - HORNE | 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 3 March 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's license and merchant mariner's document for 1 month on
6 months' probation upon finding him guilty of misconduct. The two
specifications of misconduct found proved allege (1) that
Appellant, while serving as master aboard SS ACHILLES, under
authority of his license and document, on or about 9 January 1978,
wrongfully failed to plot the position of SS ACHILLES while
navigating from naval anchorage "A", Narragansett Bay, East
Passage, to Mount Hope Bay, Rhode Island; and (2) that Appellant
while serving as master of SS ACHILLES, under authority of his
license and document, "wrongfully navigated the vessel in violation
of the vessel's certificate of inspection from 17 December 1977 to
9 January 1978; to wit; the vessel's tailshaft was due to be drawn
no later than 31 October 1977."
At the hearing, Appellant was initially represented by
professional counsel, who was subsequently disqualified by the Administrative Law Judge on motion of the Coast Guard Investigating
Officer. Appellant then entered a plea of guilty to the charge and
specifications. | Appeal No. 2155 | Suspension and Revocation Appeals Authority | 5/11/1979 | 5/11/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2154 - MCKEE | 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 6 March 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, after
hearing held at Valdez, Alaska, suspended Appellant's seaman's
documents for three months on twelve months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as Master of the United States SS AMERICA SUN
under authority of the document and license above captioned, on or
about 8 December 1977, Appellant did, while the vessel "was
departing the Port of Valdez, Alaska, wrongfully fail to obey an
order regarding said vessel's speed issued by competent authority,
to wit, the Captain of the Port, Prince William Sound, Alaska,
which was issued by verbal direction of the Vessel Traffic Center."
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
After hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification
had been proved. He entered an order suspending all documents
issued to Appellant for a period of three months on twelve months'
probation. | Appeal No. 2154 | Suspension and Revocation Appeals Authority | 5/11/1980 | 5/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2153 - MCKINNEY | 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 February 1977, an Administrative Law Judge
of the United States Coast Guard at Buffalo, New York, suspended
Appellant's seaman's documents for 9 months upon finding him guilty
of inattention to duty. The specifications upon which hearing was
held were, after amendments made on the record:
"FIRST: In that you, while serving as Master aboard EILEEN C
- which was pushing the tank barge NEPCO 140, under authority
of the captioned documents -- being the holder of the
captioned documents, did -- on or about 23 June 1976 while
said vessel was navigating the St. Lawrence River, fail to
properly maintain, or to have maintained, the position of the
tug, during conditions of reduced visibility due to fog, while
approaching an anchorage area, resulting in the grounding of
the NEPCO 140 on a shoal near LB - 217, off Mason Point, New
York.
"SECOND In that you, while serving as Master aboard EILEEN C,
under authority of the captioned documents, being the holder
of the captioned documents, did on or about 23 June 1976,
while said vessel was navigating the St. Lawrence River, fail
to post a person assigned the sole duty of lookout, for the
purpose of keeping a proper lookout." | Appeal No. 2153 | Suspension and Revocation Appeals Authority | 4/30/1979 | 4/30/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2152 - MAGIE | By order dated 26 January 1978, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, after a
hearing at Tampa, Florida, on 16 August and 7 September 1977,
suspended Appellant's license for a period of four(4) months on
probation for eight(8) months upon finding him guilty of misconduct
and negligence. The two specifications of the charge of misconduct
found proved allege (1) that while serving as operator aboard M/V
ALICE ST. PHILIP while pushing ahead the barge FAUSTINA, under
authority of the captioned license, Appellant did, on or about 16
April 1977, while navigating aforesaid vessel in a narrow channel,
fail to keep to that side of the fairway or midchannel which lies
on the starboard side of the vessel, as required by Article 25 of
the Inland Rules of the Road, thereby contributing to a collision
between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay,
Florida, and (2) in that Appellant, while serving as aforesaid,
did when approaching SS LOUISIANA BRIMSTONE head and head, or
nearly so, fail to pass said vessel properly on the port side,
after signaling his intention to do so by one short blast of his
whistle for a port-to-port passing as required by Article 18 of the Inland Rules of the Road, thereby contributing to a collision
between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay,
Florida. The two specifications of the charge of negligence found
proved allege (1) that Appellant, while serving as aforesaid, did
in a narrow channel, by failing to keep his vessel to that side of
the fairway or midchannel which lies on the starboard of his
vessel, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida, and (2) in that Appellant, while serving as
aforesaid, did when approaching SS LOUISIANA BRIMSTONE end on or nearly so, by failing to pass said vessel properly on the port side, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida. | Appeal No. 2152 | Suspension and Revocation Appeals Authority | 4/19/1979 | 4/19/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2151 - GREEN | This appeal had been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 14 April 1978, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for a period of four months upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as able bodied seaman on board the United
States SS THOMAS JEFFERSON under authority of the document above
captioned, Appellant failed to perform his duties on the 0000-0400
seawatch on 1 March 1978, and again on 16 March 1978, while the
vessel was at sea.
The hearing was held at Boston, Massachusetts, on 14 April
1978. Appellant was present at the hearing, but was not
represented by counsel. The Administrative Law Judge advised him
of his right to be so represented, but Appellant elected to proceed
without counsel. Upon arraignment, Appellant pleaded guilty to the
charge and specifications. Warned by the Administrative Law Judge
of the possible consequences of his action, Appellant nevertheless
persisted in his plea of guilty.
Despite the plea, the Investigating Officer introduced in
evidence voyage records of THOMAS JEFFERSON, as well as the
testimony of Captain Orie F. Graves, Master of the vessel.
After being reminded of his right to remain silent, Appellant chose to make a sworn statement in explanation of his guilty plea.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
two specifications had been proved by plea. He then served a
written order on Appellant suspending all documents issued to him
for a period of four months.
The entire written decision was served on 8 May 1978. Appeal
was timely filed on 8 May 1978 and perfected on 12 May 1978. | Appeal No. 2151 | Suspension and Revocation Appeals Authority | 4/3/1979 | 4/3/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2150 - THOMAS | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 15 May 1978, an Administrative Law Judge of the
United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for three months on twelve months'
probation, upon finding him guilty of misconduct. The two
specifications found proved allege that while serving as first
assistant engineer on board the United States SS BALDBUTTE under
authority of the license above captioned, on or about 25 and 26
January 1978, while the vessel was shifting berths in Long Beach,
Appellant did wrongfully fail to perform his duties as first
assistant Engineer by being absent from the vessel without leave.
The hearing was held at Long Beach from 22 February 1978 to 8
May 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2150 | Suspension and Revocation Appeals Authority | 3/20/1979 | 3/20/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2149 - ENGLISH | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 12 June 1978, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for one month, plus four months on
twelve months' probation, upon finding him guilty of misconduct.
The specification preferred alleged that while serving as crew
pantryman on board the United States SS MANHATTAN under authority
of the document above captioned, on or about 5 June 1978, Appellant
wrongfully did assault and batter by beating with his fists a
member of the crew, one Younis A. Khan.
The hearing was held at Long Beach, California, on 7 June
1978.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and Appellant testified in his own behalf.
When both sides had rested, the Administrative Law Judge, on
his own motion, amended the specification by substituting the words
"engage in mutual combat" for the words "assault and batter".
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification, as amended by him, had been proved. He then
entered an order suspending all documents issued to Appellant for
a period of one month plus four months on twelve months' probation.
The entire decision was served on 15 June 1978. Appeal was
timely filed. | Appeal No. 2149 | Suspension and Revocation Appeals Authority | 3/8/1979 | 3/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2148 - LEVY | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 9 December 1977, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months, plus six months on
twelve months' probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as
Boatswain on board the United States S.S. EAGLE LEADER under
authority of the document above captioned, on or about 10 October
1977, while said vessel was at sea, Appellant did wrongfully
assault and batter James McDuff, a member of the crew.
The hearing was held at Corpus Christi, Texas, in two
sessions: the first on 25 October 1977; and the second on 7
November 1977.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2148 | Suspension and Revocation Appeals Authority | 1/30/1979 | 1/30/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2147 - ENNO | 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 3 June 1977, an Administrative Law Judge of the
United States Coast Guard at Tampa, Florida, suspended Appellant's
seaman's documents for 2 months plus 6 months on 12 months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as First
Class Pilot on board M/V ESTHER MORAN and tank barge NEW YORK under
authority of the license above captioned, on or about 9 January
1977, during favorable weather, conditions, Appellant, while in
charge of maneuvering said vessels, did (1) negligently allow NEW
YORK to be maneuvered into the Tampa Electric Company pier, Tampa,
Florida, thus causing a collision between the barge and the pier
and damage both to the pier and to NEW YORK, and (2) negligently
cause oil to be spilled into Sparkman Channel, Tampa, Florida, as
a result of the aforementioned collision between NEW YORK and the
Tampa Electric Company pier.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2147 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2146 - AUNE | This decision is entered in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations 5.30-3
(b).
By order dated 12 August 1977, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master of the United
States SS FRANCIS S. BUSHEY under authority of the license above
captioned, on or about 10 December 1976, Appellant did wrongfully
sail the vessel from Yorktown, Virginia, to New York, N.Y., in
violation of "your" Certificate of Inspection; to wit, sailing
without the proper complement of officers and crew. (46 U.S.C.
222).
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 several
documents and the testimony of three witnesses. | Appeal No. 2146 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2145 - WALKER | 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 December 1976, and Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for three months plus three months
on three months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an AB
seaman on board the United States SS SAM HOUSTON under authority of
the document above captioned, Appellant:
(1) on 5 September 1976 wrongfully had intoxicants in his
possession aboard the vessel at sea, and failed to
perform duties,
(2) on 6 September 1976, wrongfully had intoxicants in his
possession at sea, and failed to perform duties, and
(3) on 1 October 1976, wrongfully failed to perform duties,
at Savannah, Georgia.
At the hearing, Appellant did not appear, although he had
requested a change of venue for his own convenience and had
received due notice of the change granted and of the scheduled
hearing. The Administrative Law Judge entered a plea of not guilty
to the charge and each specification. | Appeal No. 2145 | Suspension and Revocation Appeals Authority | 1/8/1979 | 1/8/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2144 - WILHELMY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 15 November 1977, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's License for a period of one month, on
probation for one year, after finding him guilty of a charge of
negligence. The specification found proved alleged that while
serving as Master aboard the United States M/V SAM LAUD, Appellant
did, on 4 July 1976, fail to accurately ascertain the vessel's
position with due care while approaching Buffalo South Entrance
Channel, Lake Erie, resulting in the grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The matter came on for hearing on 12 April 1977. The
Investigating Officer presented as evidence the testimony of
Wilfred J. Short, a mate on watch aboard M/V SAN LAUD at the time
of the incident, as well as documentary evidence. After the | Appeal No. 2144 | Suspension and Revocation Appeals Authority | 1/1/1978 | 1/1/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2143 - FOSTER | These appeals have been taken in accordance with Title 46
United States code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 3 January 1978 (CAMERON) and 6 January 1978
(FOSTER), an Administrative Law Judge of the United States Coast
Guard at Savannah, Georgia, suspended Appellant CAMERON's and
Appellant FOSTER's seaman's documents, respectively, for three
months outright plus six months on twelve months' probation upon
finding each guilty of misconduct. The four specifications found
proved allege that CAMERON, while serving as radio Officer, and
FOSTER, while serving as Chief Steward, onboard SS EXPORT CHAMPION under the authority of the respective documents above-captioned,
did:
(First) "on or about 1000, 15 October 1977, while said vessel
was anchored at Balboa, Panama Canal Zone, awaiting canal
transit, absent himself from said vessel proper
authorization;"
(Second) "on or about 1454, 15 October 1977, when said vessel
departed anchorage area to transit the canal, failed to join
said vessel upon its departure;"
(Third) "on or about 0900, 20 October 1977, while said vessel
was moored at Garden city, Georgia, did use abusive language
towards and Investigating Officer, a United States Coast Guard
Officer, CWO-4 William C HENDRY and did wrongfully impede him
in the performance of his official duties;" and
(Fourth) "on or about 1100, 21 October 1977, did use abusive
language towards a United States Shipping commissioner and
wrongfully impeded a United States coast Guard Officer, Ensign
Bruce P. MORELLI in the performance of his official duties." | Appeal No. 2143 | Suspension and Revocation Appeals Authority | 11/24/1978 | 11/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2142 - MALCOLM | 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 4 October 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after
hearing held on 22 July 1977 at Detroit, Michigan, suspended
Appellant's seaman's documents for three months plus three months
on twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
tankerman on board HANNAH 2902 under authority of the document
above captioned, on or about 18 July 1977, Appellant did, "while
said barge was transferring Bunker C at Mistersky Power Plant,
Detroit, Michigan, wrongfully absent himself from said barge while
transferring."
At the hearing, Appellant did not appear.
The Investigating Officer introduced in evidence certain
documents and the testimony of three witnesses.
There was no defense.
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 three months plus
three months on twelve months' probation. | Appeal No. 2142 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2141 - WADDY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 239b, and Title 46 Code of Federal
Regulations 5.20-1.
By order dated 31 October 1977, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct and of the charge of "conviction for a narcotic drug law
violation." The specifications of misconduct found proved allege
that while serving as a pantryman on board the United States SS
PRESIDENT MONROE under authority of the document above captioned,
on or about 15 July 1977, Appellant assaulted and battered with his
fists one Keichi Kakuda, a waiter aboard the vessel, and on 20 July
1978, disobeyed a lawful order of the chief steward by entering a
passenger area of the vessel outside working hours.
The specification under 46 U.S.C. 239b alleged that Appellant
had been, on 9 July 1974, convicted in the Municipal Court of Los
Angeles County, California, of violation of section 11357 of the
Health and Safety Code, involving possession of marijuana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to each charge and each
specification. | Appeal No. 2141 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2140 - FOMICH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 January, 1977, an Administrative Law Judge
of the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for ten months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as able seaman on board the United States SS EAGLE
VOYAGER under authority of the document above captioned, on or
about 13 July 1976, Appellant assaulted another crewmember with a
dangerous weapon; on 19 and 20 July 1976, failed to perform duties
aboard the vessel; on 24 July 1976 failed to join the vessel at
Iljichevsk, U.S.S.R.
At the hearing, Appellant failed to appear, and a plea of not
guilty to the charge and each specification was entered by the
Administrative Law Judge.
The Investigating Officer introduced in evidence voyage
records of EAGLE VOYAGER, the testimony of one Abdulla A. Mohsin,
and a deposition of one David H. Regester, Jr., taken pursuant to
order.
There was no defense. | Appeal No. 2140 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2139 - DANCE | 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 June 1977, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's documents for one month on three months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a tankerman on board the
United States tank barge BAYOU TECHE under authority of the
document above captioned, on or about 12 May 1977, Appellant did
"transfer asphalt in said barge while not having sufficient
capacity with the deck discharge containment."
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.
Appellant testified in his own behalf.
At the end of the hearing, the Administrative Law Judge
reserved decision. He later concluded that the charge and
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of one month on
three months' probation. | Appeal No. 2139 | Suspension and Revocation Appeals Authority | 11/9/1978 | 11/9/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2138 - HARDSAW | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 13 October 1977, as amended 17 October 1977, an
Administrative Law Judge of the United States Coast Guard at San
Francisco, California suspended Appellant's seaman's documents for
three months upon finding him guilty of negligence. The
specification found proved alleges that while serving as OPERATOR
on board the TUG COLUMBIA, O/N 516116 under authority of the
license above captioned, on or about 15 September 1977, Appellant
did negligently fail to correctly ascertain the height of his tow
prior to attempting to pass under the San Francisco-Oakland Bay
Bridge and as a result of that negligence collided with the Bridge
causing damage to the Bridge and the tow.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence the unsworn
statements of the Appellant and one witness, and three items of
documentary evidence. | Appeal No. 2138 | Suspension and Revocation Appeals Authority | 11/8/1978 | 11/8/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2137 - DESVAUX | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR. 5.30-1.
By order dated 8 August 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New, York, suspended
Appellant's seaman's documents for eight months, plus six months on
twelve months' probation, after finding her guilty of a charge of
misconduct. The specifications found proved alleged that while
serving as Messman on board SS AUSTRAL ENVOY under of the document
above captioned, Appellant did:
(1) on or about 11 January 1977 at approximately 0800 while
the vessel was at sea wrongfully assault and batter the
Chief Steward, William Yang, by spitting in his face;
(2) on or about 21 March 1977 at approximately 0945 while the
vessel was at the Port Newark, N.J. wrongfully assault
and batter the Master, Hector Bravo, by striking him in
the face with her hand;
(3) on 21 March 1977, at approximately 1250, while the vessel
was at Port Newark, N.J., wrongfully assault and batter
the Master, Hector Bravo, by striking him in the face
with her hands and by kicking him with her feet.
Appellant appeared pro se at the hearing and, after an
explanation (by the Administrative Law Judge) of her right to counsel and the possible consequences of her plea, waived her right
to counsel and entered a plea of not guilty to each of the three
specifications. | Appeal No. 2137 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2136 - DILLON | 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 2 September, 1977, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months on six months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as master of SS COVE
COMMUNICATOR under authority of the license above captioned, on or
about 1 May 1977, Appellant "wrongfully departed a port of the
United States, to wit: New Orleans, Louisiana, to sea with less
than 65 per centrum of the deck crew, exclusive of licensed
officers, of said vessel holding a rating of able seaman."
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 and several pertinent voyage records of COVE
COMMUNICATOR.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
suspending all documents issued to Appellant for a period of two
months on six months' probation. | Appeal No. 2136 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2135 - FOSSANI | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 29 April 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's license upon finding him to be a user of a narcotic
drug. The specification found proved alleges that on or about 8
October 1976, Appellant was, at or about [REDACTED]
[REDACTED], New Jersey, wrongfully a user of a narcotic drug.
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 several witnesses.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At Appellant's request, the Administrative Law Judge arranged
for examination of Appellant at U.S.P.H.S. Hospital, Staten Island,
New York, and then himself called the examining physician as a
witness.
At the end of the hearing, the Judge rendered a 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 20 May 1977. Appeal was
timely filed, and perfected on 1 December 1977. | Appeal No. 2135 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2134 - JOHNSON | 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 25 October 1977, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as master on board the United
States SS PHILLIPS WASHINGTON under authority of the license above
captioned, on or about 27 March 1977, Appellant failed to post a
proper watch to attend the stern towing line leading from SS
PHILLIPS WASHINGTON to the tug TONY ST. PHILLIP.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
Appellant's license for a period of three months on twelve months'
probation. | Appeal No. 2134 | Suspension and Revocation Appeals Authority | 11/3/1978 | 11/3/1978 | | 12/21/2017 |