| Suspension and Revocation Appeals Authority | 2072 - HOPKINS | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations, Section 5.31-1.
By order dated 21 October 1975 and amended on 7 November 1975,
an Administrative Law Judge of the United States Coast Guard, at
New York, New York, suspended Appellant's license for a period of
twelve months, after hearing held at Baltimore, Maryland, over a
period from 8 October 1974 to 21 July 1975. The specifications
found proved alleged as follows:
FIRST SPECIFICATION: In that you, being
the holder of the captioned document did on or
about 3 August 1973, at Baltimore, Maryland,
knowingly and wrongfully, while occupying the
position of Dean of Administration of the
Maritime Institute of Technology and Graduate
Studies, provide Captain Thomas F. O'Callaghan
with a false document, which document as you
well knew, falsely stated that Captain
O'Callaghan has successfully completed the
course of instruction indicated on the face thereof; to wit, a Maritime Institute of
Technology and Graduate Studies' Certificate
of Advanced Training Collision Avoidance
Radar, dated 26 January 1973; with knowledge
that the said document could be used by
Captain O'Callaghan to obtain, from the United
States Coast Guard, a radar endorsement to his
master's license. | Appeal No. 2072 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2073 - SCHUESSLER | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1 and 3.
By order dated 20 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus two months
on six months' probation upon finding him guilty of the charge of
"inattention to duty" while acting as a pilot of a steam vessel.
The specification found proved alleges that while serving as a
pilot on board the S.S. SKUKUZA (South Africa) on or about 19 July
1975, Appellant failed to insure that the attending M/V J. HARRIS
MASTERSON was clear before maneuvering his vessel ahead in the
Houston Ship Channel, thereby causing a collision with the M/V J.
HARRIS MASTERSON.
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 ten exhibits. | Appeal No. 2073 | Suspension and Revocation Appeals Authority | 9/15/1976 | 9/15/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2074 - LOWEN | 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 August 1975, and Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked the
radar observer endorsement issued to Appellant and suspended his
licenses for a period of six months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving under authority of the license above captioned, on or about
13 August 1973, Appellant did wrongfully and knowingly obtain from
the United States Coast Guard, at Coast Guard Marina Inspection
Office, Baltimore, Maryland, a renewal of a radar endorsement to
his Master's license No. 441494, through the presentation of a
false document attesting to his satisfactory completion of the
Radar Safety and Navigation Course at the Maritime Institute of
Technology and Graduate Studies, which course he had in truth and
in fact not satisfactorily completed; the false document concerned
being, Maritime Institute of Technology and Graduate Studies'
Certificate of Advanced Training Collision Avoidance Radar, dated
26 January 1973, which document, if valid, would have lawfully
entitled him to said endorsement under the authority of 46 CFR
10.02-9(a) (5). | Appeal No. 2074 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2075 - BOYLES | This appeal has been taken in accordance with Title 46 United
Stated Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 March 1976, an Administrative Law Judge of
The United States Coast Guard at Anchorage, Alaska, suspended
Appellant's seaman document for one month outright plus two months
on six months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as a
Tankerman on board the Barge 17, Official No. 268 871 under
authority of the document above captioned, on or about 4 March
1976, Appellant failed to take adequate precautions to prevent
cumulated oil on the deck of the barge from entering the navigable
waters of the United States by allowing the oil to drain off the
stern of the barge.
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 five witnesses, and four exhibits.
In defense, Appellant offered in evidence testimony of two
witnesses, and one exhibit. | Appeal No. 2075 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2076 - OGERON | 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 25 November 1975, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while under authority of
the document above captioned, on or about 24 August 1972, Appellant
was convicted by the Harris County District Court No. 184, Texas,
a court of record, for violation of the narcotic drug laws of the
State of Texas, to wit, possession of heroin.
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 four exhibits
which included certified copies of the indictment by the Harris
County Grand Jury charging Appellant with possession of heroin and
the judgment finding Appellant guilty of that charge. | Appeal No. 2076 | Suspension and Revocation Appeals Authority | 9/20/1976 | 9/20/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2077 - FARMER | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
5.30-1.
By order dated 17 January 1969 a Hearing Examiner, (now
Administrative Law Judge) of the United States Coast Guard at San
Francisco, California, revoked Appellant seaman's document upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a fireman/watertender on board the
United States SS YOUNG AMERICA under authority of the document
above captioned, on or about 11 August 1967, Appellant was
wrongfully and unlawfully in possession of marijuana, a legally
defined narcotic drug.
Appellant did not enter an appearance at the hearing, after
due notice of the time and place thereof. The Judge entered a plea
of not guilty to the charge and specification in Appellant's
behalf. Appellant was not represented by counsel, but had been
notified of his right to such representation. | Appeal No. 2077 | Suspension and Revocation Appeals Authority | 9/24/1976 | 9/24/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2078 - MCCOY | 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 March 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a third assistant engineer on board the
United States SS DELTA MAR under authority of the documents above
captioned, on or about 20 January 1976, Appellant wrongfully failed
to perform his duties due to being under the influence of
intoxicants.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence entries from
the.shipping articles and the official log as well as the testimony
of the Chief Engineer.
In defense, Appellant did not offer any evidence although he
did testify concerning his sailing record. | Appeal No. 2078 | Suspension and Revocation Appeals Authority | 9/23/1976 | 9/23/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2079 - SHEPARD | This appeal has been taken in accordance with Title 46 Code of
Federal Regulations 5.30-1.
By order dated 8 December 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as pilot on board the M/V FRANK D.
MOORES (Brit.) being the holder of the license above captioned, on
or about 16 July 1975, Appellant did imprudently navigate said
vessel in heavy fog causing the vessel to collide with a fixed
object, to wit, the Mount Hope Bridge, Mount Hope Bay, Rhode
Island.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduce in evidence the testimony
of seven witnesses, and six exhibits. | Appeal No. 2079 | Suspension and Revocation Appeals Authority | 9/27/1976 | 9/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2080 - FULTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 18 July 1975, an Administrative Law Judge of
the United States Coast Guard at New York, New York admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
NOTRE DAME VICTORY under authority of the license and document
above captioned, on 30 Jaunuary 1975, Appellant did hazard his
vessel by proceeding up the Delaware River in an unsafe manner
without assistance of tugboats when the vessel's ship's service
generator was inoperable and the portable 500 kw generator was
operating in an unreliable manner and there were no immediate
backup ship's service generating capabilities.
A second charge concerning an improper logging was dismissed.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 2080 | Suspension and Revocation Appeals Authority | 10/8/1976 | 10/8/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2081 - BAILEY.PDF | 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 21 June 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's document for six months outright
upon finding him guilty of misconduct. The specifications found
proved allege that under authority of the document above captioned,
Appellant:
(1) While serving aboard the SEATRAIN MARYLAND as a
Fireman/Watertender,
(a) on 7 February 1969, wrongfully failed to join his
vessel on its departure from Sattahip, Thailand.
(2) While serving aboard the SS RAPHAEL SEMMES as a
Fireman/Watertender,
(a) on 9 April 1969, Appellant wrongfully failed to
join his vessel on its departure from Qui Nhon,
South Viet Nam;
(b) on 9 May 1969, Appellant was wrongfully absent from
his vessel and duties; and
(c) on 20 June 1969, turned over the last hour of his 2000 to 2400 port watch to another crew member
without authority and was thereafter absent from
his vessel and duties. Appellant then failed to
stand his 0800 to 1200 sea watch on 21 June 1969. | Appeal No. 2081 | Suspension and Revocation Appeals Authority | 10/27/1976 | 10/27/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2082 - 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 2 June 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as an
able seaman on board the United States SS PRESIDENT MCKINLEY under
authority of the document above captioned, on or about 23 December
1975, Appellant without provocation committed wrongful assault and
battery with his fists upon the vessel's Boatswain.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and one
specification.
The Investigating Officer introduced in evidence five exhibits
and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and one specification had
been proved. He then served a written order on Appellant revoking
all documents issued to Appellant.
The entire decision and order was served on 2 June 1676. | Appeal No. 2082 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2083 - SYBIAK | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 13 February 1975, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as a Third Mate on board the SS TRENTON under
authority of the document and license above captioned, on or about
20 January 1975, Appellant (1) wrongfully failed to perform his
duties by reason of being under the influence of liquor; and (2)
wrongfully failed to perform his duties by departing his station to
wit: the engine order telegraph which was the duly appointed
station.
The hearing was held pursuant to the in absentia
regulations. A plea of not guilty to the charge and each
specification was entered by the Judge.
The Investigating Officer introduced in evidence the testimony
of LCDR Larry J. Balok with respect to what transpired on 24
January 1975 when the charge and specifications were preferred. | Appeal No. 2083 | Suspension and Revocation Appeals Authority | 10/28/1976 | 10/28/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2084 - WARREN | 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 9 February 1976 an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman documents for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Second
Assistant Engineer on board the United States SS AMERICAN LEADER
under authority of the documents above captioned, on or about 21
July 1975, Appellant wrongfully assaulted and battered a fellow
crewmember.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of three witnesses.
In defense, Appellant offered in evidence three exhibits and
his own testimony. | Appeal No. 2084 | Suspension and Revocation Appeals Authority | 11/9/1976 | 11/9/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2085 - RICHARDS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 March 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the SS
VANTAGE HORIZON under authority of the license above captioned, on
or about 14 December 1975, Appellant, while navigating on
Chesapeake Bay, during conditions of fog and restricted visibility
did wrongfully fail to obtain or properly use information available
to him from radar observations to determine the course and speed of
another vessel detected in his vicinity. A second part of the
specification found not proved and stricken from the specification
prior to Appellant's case in chief was that the error contributed
to a collision between his vessel and M/V DAEYANG PROSPERITY.
A second specification alleging that Appellant did wrongfully
fail to navigate his vessel with caution was found not proved.
A third specification alleging that Appellant did wrongfully
fail to navigate his vessel at a moderate speed was also found not proved. | Appeal No. 2085 | Suspension and Revocation Appeals Authority | 11/24/1976 | 11/24/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2086 - ERIKSON | 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 5 April 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and all other documents for 1 month outright
plus 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 United States M/V PIONEER under
authority of the license above described, on or about 27 January
1976, Appellant "did wrongfully lose control of (the) vessel's tow,
the barge `BARGE 412', allowing it to collide with the U.S. Army
Corps of Engineers' survey boat CARLSON moored at the U.S. Army
Corps of Engineers' Depot Dock, Hutchinson Island," Savannah,
Georgia.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2086 | Suspension and Revocation Appeals Authority | 12/3/1976 | 12/3/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2087 - MOURIKIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three months' probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as
Master on board the SS CONNECTICUT under authority of the document
and license above captioned, on or about 15 June 1975, Appellant
did neglect to take the necessary precautious required by the
ordinary practice of seamen (Article 29, Inland Rules of the Road),
to wit: attempt to navigate a light vessel in a restricted channel
during unfavorable weather, thereby causing a collision with the
(Liberian) M/V ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2087 | Suspension and Revocation Appeals Authority | 12/17/1976 | 12/17/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2088 - SORIANO | 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 8 July 1976, an Administrative Law Judge of the
United States Coast Guard at Seattle Washington suspended
Appellant's license no. 442 203 for six months on twelve months'
probation upon finding him guilty of violation of a statute. The
specification found proved alleges that as President of Swiftsure,
Inc., owner of M/V MARLIN, O.N. 568 721, an uninspected vessel, on
or about 24 January 1976, Appellant specifically directed the
master of said vessel to get underway from Seattle, Washington,
wrongfully carrying freight for hire in willful violation of 46
U.S.C. 367 and 404.
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 with the
approval of Appellant and his counsel a stipulation of fact (T-7).
See CG Exhibit 1. | Appeal No. 2088 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2089 - STEWART | 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 10 March 1976, an Administrative Law Judge of
the United States Coast Guard at Washington, North Carolina revoked
Appellant's seaman documents upon finding him guilty of "conviction
for a narcotic drug violation." The specification found proved
alleges that while being the holder of the above captioned
document, on or about 15 December 1975 Appellant was convicted of
a violation of North Carolina General Statue 90-95(a'(3)) in the
Superior Court of New Hanover County, State of North Carolina, for
violation of a narcotic drug law.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a copy of the
Judgement of conviction for a narcotic drug law violation entered
in Cause No. 75-CR-14629 in the General Court of Justice, Superior
Court Division, County of New Hanover, North Carolina, dated
December 15, 1975. | Appeal No. 2089 | Suspension and Revocation Appeals Authority | 1/3/1977 | 1/3/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2090 - LONGINO | This appeal has been taken in accordance with Title 46 United
States Code 214 and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman documents for one month outright plus one month
on three month's probation upon finding him guilty of negligence.
The specification found proved alleges that, while serving as a
pilot on board the SS CONNECTICUT, being holder of the document and
license above captioned, on or about 15 June 1975, Appellant did
neglect to take the necessary precautions required by the ordinary
practice of seamen (Article 29, Inland Rules of the Road), to wit:
attempt to navigate a light vessel in a restricted channel during
unfavorable weather, thereby causing a collision with the
(LIBERIAN) MV ST PANTELEIMON, in the Houston Ship Channel, at
Robertson Terminal, Galena Park, Texas.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2090 | Suspension and Revocation Appeals Authority | 1/19/1977 | 1/19/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2091 - ERNSER | 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 May 1976, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's license for one month outright plus three months on
twelve months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as pilot
on board the United States SS GULFKNIGHT under authority of the
license above captioned, on or about 27 May 1975, Appellant, while
navigating said vessel in Carquinez Strait, negligently allowed
said vessel to collide with the Ozol pier, a properly charted fixed
structure, in Martinez California.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses, as well as fourteen exhibits.
In defense, Appellant offered in evidence his own testimony
and one exhibit. | Appeal No. 2091 | Suspension and Revocation Appeals Authority | 1/31/1977 | 1/31/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2092 - KOKINS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 1 July 1976, an Administrative Law Judge of the
United States Coast Guard at Honolulu, Hawaii, revoked Appellant's
seaman's document upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Able
Seaman on board the SS OGDEN CHALLENGER under authority of the
document above captioned, on or about 13-18 August 1975, Appellant
did wrongful use foul and disrespectful language and gestures to
the Chief Officer, did wrongfully disobey a lawful order of the
Chief Officer, did on three occasions wrongfully fail to perform
regularly assigned duties, and did wrongfully fail to join his
vessel upon her departure from Alexandria, Egypt, on 18 August
1975.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence a certified
extract from the Shipping Articles of the SS OGDEN CHALLENGER,
excerpts of the Official Log Book and the Mate's Log Book, the
depositions of the Master and Chief Mate of the vessel, and a copy
of a message from the American Embassy of Cairo, Egypt. | Appeal No. 2092 | Suspension and Revocation Appeals Authority | 1/28/1977 | 1/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2093 - BOOHER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 16 April 1976, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas revoked
Appellant's seaman documents. The specification found proved
alleges that while serving as a wiper on board the United States SS
OVERSEAS ANCHORAGE under authority of the document above captioned,
on or about 14 December 1975, Appellant wrongfully assaulted and
battered a fellow crew member, Donald Gusis, with a deadly weapon,
to wit, a pipe, while the vessel was at Novorossiysk, USSR.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of the SS OVERSEAS ANCHORAGE; an injury report concerning
Mr. Gusis; sketches of the room occupied by Gusis and Booher; the
weapon allegedly used; the testimony of the victim; and sworn
statements of three crew members. | Appeal No. 2093 | Suspension and Revocation Appeals Authority | 1/28/1977 | 1/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2094 - MILLER | 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 8 May, 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months upon finding him guilty of
negligence. The specifications found proved alleged that while
serving as pilot on board the Norwegian SS BAUNE under authority of
the license above captioned, on or about 18 January 1974, Appellant
committed several faults which led to a collision at Mile 6 AHP,
Mississippi River, with SS KEY TRADER.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
A voluminous record of testimony, statements and exhibits was
complied by the parties. | Appeal No. 2094 | Suspension and Revocation Appeals Authority | 2/7/1977 | 2/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2095 - SCOTT | 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 30 March 1976, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holder of the
document above captioned, on or about 18 January 1972, Appellant
was convicted by the Common Pleas Court of Auglaiza County, Ohio of
possessing or having under his control an hallucinogen, to wit:
cannabis, commonly known as marijuana, contrary to Section 3719.41
of the Revised Code of Ohio. Another specification concerning a
narcotic drug law violation conviction by the County Court of
Hamilton, New York on 18 September 1970 was found not proved
because the copy of the conviction introduced in evidence had not
been duly certified as required by 46 CFR 5.20-105(a).
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
With respect to the Ohio conviction the Investigating Officer
introduced in evidence a duly certified copy of the Journal Entry
for Case No. 5278 filed 18 January 1972 in the Common Pleas Court
of Auglaize County, Ohio. A duly certified copy of the indictment
was also introduced. | Appeal No. 2095 | Suspension and Revocation Appeals Authority | 2/25/1977 | 2/25/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2096 - TAYLOR | 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 8 May 1975, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant Taylor's license for three months and Appellant Wood's
license for nine months upon findings each guilty of negligence.
The specifications found proved allege that while serving as master
and pilot, respectively, on board SS KEYTRADER under authority of
the respective license above captioned, on or about 18 January
1974, Appellants' wrongfully initiated a starboard to starboard
passing with SS BAUNE, contributing to a collision with that
vessel, and failed to navigate KEYTRADER with caution, after
proposing a starboard to starboard passing by whistle and radio,
receiving no agreement, and failing to slow down. | Appeal No. 2096 | Suspension and Revocation Appeals Authority | 2/28/1977 | 2/28/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2097 - TODD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 May 1976, an Administrative Law Judge of the
United States Coast Guard at Mobile, Alabama suspended Appellant's
seaman document for 6 months outright plus 6 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Oiler
on board the United States SS JAMES LYKES under authority of the
document above captioned, on or about 5 October 1975, Appellant:
(1) wrongfully failed to obey a lawful order of the
vessel's Third Assistant Engineer;
(2) wrongfully struck the Third Assistant Engineer; and,
(3) wrongfully struck the Chief Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2097 | Suspension and Revocation Appeals Authority | 3/7/1977 | 3/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2098 - CORDISH | This appeal has been taken in accordance with Title 46 United
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 May 1976, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana suspended
Appellant's seaman documents for 6 months on 12 months' probation
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Engineer Cadet on board the
United States SS CHRISTOPHER LYKES under authority of the document
above captioned, on or about 11 February 1976, Appellant wrongfully
refused to obey a lawful command of the ship's master.
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 two witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Judge reserved decision. He
subsequently served a written order suspending all documents,
issued to Appellant, for a period of 6 months on 12 months'
probation.
The entire decision and order was served on 10 May 1976. | Appeal No. 2098 | Suspension and Revocation Appeals Authority | 3/18/1977 | 3/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2099 - HOLDER | 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 July 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months outright plus three
months on twelve months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an "oiler" on board the United States SS MORMACPRIDE
under authority of the document above captioned, on or about 17-18
October 1975, Appellant:
(1) wrongfully failed to perform his duties from 2000 to 2400
hours due to intoxication while the vessel was in the
port of New York,
(2) wrongfully failed to properly perform his duties from
0800 to 0830 hours by making false entries in the engine
room oiler's log sheet while the vessel was at sea, and
(3) wrongfully assaulted and battered a licensed officer, to
wit, the Third Assistant Engineer, C. Ferneza, with a dangerous weapon, to wit, a clipboard, while the vessel
was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2099 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2100 - COLEMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 code of Federal Regulations 5.30-1.
By order dated 12 July, 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for one month outright plus two months on four
months's probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Chief
Engineer on board the United States SS AMERICAN EAGLE under
authority of the license above captioned, on or about 19 February
1976, Appellant was negligent in his duties, which resulted in a
spillage of fuel oil into Corpus Christi Harbor, Coastal States
Petrochemical Company Dock, Nueces County, Texas, to wit: allowing
the starboard settling tank to overflow.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and pertinent documentary materials. | Appeal No. 2100 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2101 - KELLOGG | 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 8 April 1976, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's licenses for 3 months outright plus 3 months on 12
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as Master on
board the United States SS EDGAR M. QUEENY under authority of the
license above captioned, on or about 31 January 1975, Appellant did
not have "a competent person standing by in position to let the
anchor go promptly as the vessel was maneuvering in congested
waters," and that Appellant did "wrongfully fail to take positive
action in sufficient time to prevent a collision with the SS
CORINTHOS."
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2101 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2102 - GABLE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 August 1976, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida, suspended
Appellant's license and Merchant Marine documents for two months
outright plus six months on twelve months' probation upon finding
him guilty of the charge of "negligence." The specification found
proved alleges that while serving as First Assistant Engineer on
board the United States SS EAGLE LEADER, under authority of the
license and document above captioned, the Appellant "did on or
about 18 March 1976 at approximately 1600 negligently energize the
feedback circuit breaker on the generator switchboard thereby
allowing 440 volts A.C. power from the emergency generator to flow
to the main switchboard in the engine room creating a dangerous
arc, all the while knowing that the main switchboard was disabled
from an electrical casualty the day before and that engineering
personnel were working in the vicinity of the main switchboard
making a survey of the damage." | Appeal No. 2102 | Suspension and Revocation Appeals Authority | 4/26/1977 | 4/26/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2103 - SNELL | 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 27 October 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found alleges that Appellant, being the holder of the
captioned document, was convicted on 8 May 1972 of a violation of
the Uniform Narcotic Drug Act of the State of Washington in King
County Superior Court, a court of record, for possession and sale
of a narcotic drug, to wit, heroin.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and the
specification.
The Investigating Officer introduced in evidence various
documentary evidence. | Appeal No. 2103 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2104 - BENSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 12 November 1976, an Administrative Law Judge
of the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license for 2 months on 6 months' probation upon
finding him guilty of misconduct. The specifications found proved
alleges that while serving as a crewmember on board the M/V Thomas
C.L. NUGENT while holding license above captioned, on or about 27
August 1976, Appellant wrongfully discharged oily bilge slops into
the navigable waters of the United States, to wit, the Ohio River
near Mile 572.0, causing a sheen upon the water's surface, a
violation of the Federal Water Pollution Control Act, Public Law
92-500 (86 Stat. 816).
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
No evidence was introduced. | Appeal No. 2104 | Suspension and Revocation Appeals Authority | 5/20/1977 | 5/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2105 - BROWN | 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 21 December 1976, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman document for 8 months outright plus 4 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman/Quartermaster on board the United States SS GULFQUEEN under
authority of the document above captioned, on or about 6 March
1976, Appellant wrongfully committed assault and battery upon
another member of the crew with his fists and a metal bucket.
At the hearing, Appellant was represented by nonprofessional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence three
exhibits and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2105 | Suspension and Revocation Appeals Authority | 6/7/1977 | 6/7/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2106 - CARDWELL | 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 9 November 1976, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri suspended
Appellant's license and other seaman's documents for two months
subject to six months probation upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as Operator and Person-in-Charge on board the M/V
THOMAS C.L. NUGENT under authority of the license above captioned,
on or about 27 August 1976, Appellant wrongfully permitted the
discharge of oily bilge slops from that vessel in the navigable
waters of the United States, to wit, the Ohio River near Mile
572.0, causing a sheen upon the water's surface, a violation of the
Federal Water Pollution Control Act, Public Law 92-500 (86 Stat.
816).
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification. | Appeal No. 2106 | Suspension and Revocation Appeals Authority | 9/12/1977 | 9/12/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2107 - HARRIS | 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 December 1976, an Administrative Law Judge
of the United States Coast Guard at Chicago admonished Appellant
upon finding him guilty of misconduct. The specification found
proved alleges that while serving as an Able Seaman on board the SS
MORMACRIGEL under authority of the document above captioned, on or
about 25 May 1976, Appellant "did... wrongfully fail to turn to,
while said vessel was undocking from the port of Recife, Brazil."
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 exhibits
consisting of a certified extract of the Shipping Articles from the
MORMACRIGEL, a certified extract from the ship's official log,
certified copy of the relevant page of the log, and the
Investigating Officer's comments and conclusions regarding the
exhibits.
In defense, Appellant offered in evidence his own testimony as
to the accuracy of the log entries and as to the circumstances
surrounding the incident reported in the log. | Appeal No. 2107 | Suspension and Revocation Appeals Authority | 6/27/1977 | 6/27/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2108 - ROYSE | 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 December 1976, an Administrative Law Judge of
the United States Coast Guard at Seattle, Washington suspended
Appellant's operator's license for two months on six months'
probation upon finding him guilty of negligence. The specification
found proved alleges that Appellant, serving as operator on board
the MULTNOMAH under authority of the license above captioned, on or
about 4 September 1976, while said vessel was underway on the
Columbia River, crossed the upstream sill of the Bonneville Lock
and Dam, entering the navigation lock chamber against a red light
and without authorization to enter, in violation of 33 CFR
207.718(d)(3) and 207.718(c).
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 five witnesses and six exhibits consisting of documentary
evidence. | Appeal No. 2108 | Suspension and Revocation Appeals Authority | 6/29/1977 | 6/29/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2109 - SMITH | 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 November 1976, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman documents upon finding him guilty of the
charge of possession of a narcotic drug. The specification found
proved alleges that while serving as a Third Assistant Engineer on
board the United States SS PRESIDENT JEFFERSON under authority of
the documents above captioned, on or about 12 August 1976,
Appellant was wrongfully in possession of heroin.
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 six exhibits
and the testimony of four witnesses.
In defense, Appellant offered in evidence one exhibit. | Appeal No. 2109 | Suspension and Revocation Appeals Authority | 7/18/1977 | 7/18/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2110 - WRET | 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 27 January, 1977, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California,
suspended Appellant's seaman's documents for twelve months plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as a wiper on board the United States SS BALDBUTTE under
authority of the document above captioned, on or about 6 December
1976, Appellant assaulted and battered the chief engineer of the
vessel with a crescent wrench, at Los Angeles, California.
At the hearing, Appellant was represented by professional
counsel, entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents, photographs, and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony
and that of a witness. | Appeal No. 2110 | Suspension and Revocation Appeals Authority | 9/20/1977 | 9/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2111 - JENSEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 January 1976, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after hearing held
at Port Arthur, Texas, suspended Appellant's license for two months
plus three months on twelve months' probation upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as chief mate on board the United States
SS TEXACO NORTH DAKOTA under authority of the document and license
above captioned, on or about 2 and 3 October 1973, Appellant
wrongfully failed to supervise the tank cleaning operations in
progress which produced a combustible gas mixture accumulation in
the after pumproom resulting in an explosion and fire while said
vessel was underway in the Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2111 | Suspension and Revocation Appeals Authority | 9/20/1977 | 9/20/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2112 - HOMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 16 December 1976, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts suspended
Appellant's license for six months on twelve months probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Operator on board the United States
Tug HUDSON under authority of the license above captioned, on or
about 23 August 1976, Appellant navigated his tow in a negligent
manner such as to cause his tow to come in contact with the Long
Island Bridge.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence CG Form 2692
Tug HUDSON, O.N. 249639, C.G. Form 2692 - Crane BARGE NO. 6, and a
copy of U. S. Department of Commerce National Oceanic and
Atmospheric Administration, National Ocean Survey Chart No. 13270 39th Ed., 1 March 1975 of Boston Harbor. LT William MILLER, USCG,
the casualty investigation officer, testified for the Investigating
Officer. | Appeal No. 2112 | Suspension and Revocation Appeals Authority | 11/14/1977 | 11/14/1977 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2113 - HINDS | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
5.30-1.
By order dated 28 January 1977, an Administrative Law Judge of
the United States Coast Guard at St. Louis, Missouri, suspended
Appellant's seaman's licenses for 1 month outright plus 2 months on
6 months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as
Master/First Class Pilot on board the United States SS SPARTAN
under authority of the license above captioned, on or about 12
August 1976, Appellant:
(1) wrongfully failed to obtain or properly use information
available from radar observations, for the purpose of
determining the safe course into Ludington Harbor,
Michigan.
(2) wrongfully failed to reduce the speed of his vessel
during conditions of fog and restricted visibility. | Appeal No. 2113 | Suspension and Revocation Appeals Authority | 2/28/1978 | 2/28/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2114 - HULTZ | 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 January 1977, and Administrative Law Judge
of the United States Coast Guard at New York, New York, after
hearing at Philadelphia, Pennsylvania, suspended Appellant's
license for three months on twelve months' probation upon finding
him guilty of negligence. The specification found proved alleges
in essence that while serving as operator of the tug H.C.
JEFFERSON under authority of the license above captioned, on or
about 15 May 1976, Appellant endangered the lives of persons aboard
a 16 foot pleasure craft in East Horseshoe Range, Delaware River,
by proceeding at a speed excessive under the conditions, with a
wake which caused the pleasure craft to be thrown against buoy #39.
At the hearing, Appellant was represented by professional
counsel and pleaded not guilty to the charge and specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two eyewitnesses who has been aboard the pleasure craft. | Appeal No. 2114 | Suspension and Revocation Appeals Authority | 3/1/1978 | 3/1/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2115 - CHRISTEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 19 August 1976, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
messman on board the SS American Corsair under authority of the
document above captioned, on or about 14 January 1971, Appellant:
(1) wrongfully assaulted the saloon pantryman, Charles G.
Pace, with intent to do harm by setting fire to his
mattress while he was sleeping upon same;
(2) wrongfully threatened to blow up the vessel, said vessel
being the carrier of a cargo of military explosives; and
(3) wrongfully lit matches on the main deck of said vessel
with full knowledge that the vessel was carrying military
explosives, and further, that said actions were
deliberate. A fourth specification that Appellant
wrongfully failed to perform his duties due to intoxication was found not proved.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. | Appeal No. 2115 | Suspension and Revocation Appeals Authority | 3/24/1978 | 3/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2116 - BAGGETT | 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 November 1976, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleges that while serving as a First Class Pilot on
board the SS PHILLIPS WASHINGTON under authority of the license
captioned above, on or about 31 January 1976, Appellant failed to
keep clear of overtaken vessels as required by the Inland Rules of
the Road, thereby contributing to a collision between SS PHILLIPS
WASHINGTON, the tug D.T. SHERIDAN, and the barge SEA STAR.
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 eighteen documentary exhibits.
In defense, Appellant offered in evidence his own testimony,
the testimony of seven witnesses and seven documentary exhibits. | Appeal No. 2116 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2117 - AGUILAR | This appeal has been taken in accordance with 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 March 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 outright plus
twelve months on twelve months' probation upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as AB seaman on board SS SANTA CLARA under authority of the
document above captioned, Appellant:
(1) at about 0315, 31 July 1976, at Cartagena, Colombia,
wrongful fail to turn to for assigned undocking duties;
(2) on 31 July 1976, at sea, wrongfully fail to
performdutieson the 0400-0800 watch;
(3) on 1 August 1976, at Cristobal, C.Z., wrongfully fail to
turn to for undocking duties and to perform on the 1600-2000
watch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of SANTA CLARA. | Appeal No. 2117 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2118 - HEBERT | 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 22 November 1976, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a
tankerman on board the tank barge EXXON 267 under authority of the
document above captioned, on or about 13 July 1976, Appellant:
wrongfully failed to properly supervise the transfer of
bunker "C" oil to tank barge EXXON 267 at the Exxon
facility at Chalmette, Louisiana, in that as person in
charge he wrongfully failed to remain in the immediate
vicinity of the transfer operation thereby contributing
to the pollution of the Mississippi River, a navigable
water of the United States.
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 one exhibit.
In defense, Appellant offered in evidence the testimony of one
witness. | Appeal No. 2118 | Suspension and Revocation Appeals Authority | 4/11/1978 | 4/11/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2119 - SMITH | 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 27 July 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
chief pumpman on board the United States SS AMERICAN EAGLE under
authority of the document above captioned, on or about 13 May 1977,
Appellant wrongfully had in his possession marijuana.
At the hearing, Appellant elected to act as his counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the following
documents:
(1) Affidavit of Service of the Charges,
(2) Copy of Form CG-735T, Master's Report of Seaman
shipped or discharged,
(3) Copy of Certificate of Discharge for Merchant
Seaman to Ronald A. Smith, Sr.,
(4) Copy of Pay Voucher from American Eagle Tanker
Corp.,
(5) Copies of Pages 37, 38, and 39 from the Official
Logbook of the S.S. AMERICAN EAGLE, (not admitted)
(6) Photo-copy of Page 42 of Official Logbook, S.S.
AMERICAN EAGLE,
(7) U.S. Customs Laboratory Report,
(8) Chain of Custody for substance found on S.S.
AMERICAN EAGLE,
(9) Sworn Statement of Francis P. POWERS, Master, S.S.
AMERICAN EAGLE,
(10) Statement of Edward MALLON, Chief Officer, S.S.
AMERICAN EAGLE.
The chief engineer on board the SS AMERICAN EAGLE, Mr. James W.
ECCLES, testified on behalf of the Investigating Officer. | Appeal No. 2119 | Suspension and Revocation Appeals Authority | 4/12/1978 | 4/12/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2120 - MCLAUGHLIN | This appeal has been taken in accordance with Title 46, United
States Code, Section 239b, and Title 46, Code of Federal
Regulations, Section 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard, at Tampa, Florida, revoked Appellant's
seaman documents upon finding him guilty of the charge of
"conviction of a narcotic drug law violation." The specification
found proved alleges that, while being the holder of the above
captioned document, on or about 7 June 1974, Appellant was
convicted of a violation of Florida Statute 893.13(1)(e) in the
Circuit Criminal Justice Court of Hillsborough County, Florida, for
violation of a narcotic drug law.
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 into evidence a certified
copy of the Judgement of conviction for a narcotic drug law
violation entered in Case No. 74-445 in the Circuit Criminal
Justice Court of Hillsborough County, Florida, dated 7 June 1974.
Following the introduction of the court records, Appellant
made a statement on his own behalf under oath.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and specification had been proved by plea. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 2120 | Suspension and Revocation Appeals Authority | 4/19/1978 | 4/19/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2121 - GIBBLE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code Federal Regulations 5.30-1.
By order dated 11 May 1977, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as ordinary
seaman on board the United States SS ARCO PRESTIGE under authority
of the document above captioned, on or about 20 March 1977,
Appellant, while the vessel was at sea did wrongfully have in his
possession certain narcotics, to wit, marijuana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and the
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and seven exhibits.
In defense, Appellant offered in evidence his own testimony
and the testimony of one witness.
On 11 May 1977 the Judge rendered a written decision in which
he concluded that the charge and the specification had been proved.
He then entered an order revoking all documents issued to
Appellant.
The entire decision and order was served on 14 May 1977. | Appeal No. 2121 | Suspension and Revocation Appeals Authority | 5/23/1977 | 5/23/1977 | | 12/21/2017 |