| Suspension and Revocation Appeals Authority | 0344 - CROFT | In the Matter of Merchant Mariner's License No. A-2008
Issued to: ROBERT M. MAGNUSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
344
ROBERT M. MAGNUSON
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 14 February, 1949, an Examiner of the United States Coast
Guard at Detroit, Michigan, entered an order suspending License No.
A-2008 for a period of three months upon finding Appellant guilty
of the charge of "negligence" while he was serving as Master on
board the American SS HARRY W. CROFT under authority of his duly
issued license. The charge is based on a specification alleging
that Appellant failed to navigate the SS HARRY W. CROFT at a
moderate speed during a period of low visibility, on or about 30
October, 1948, while on a voyage from Toledo, Ohio, to Indiana
Harbor, Indiana, carrying approximately nine thousand tons of coal.
This is a violation of Rule 15 of the laws relating to the
navigation of vessels, Title 33, United States Code 272.
At the hearing, the regulatory requirements with respect to
Appellant's rights were complied with and Appellant was represented
by counsel of his own choice. Appellant pleaded "not guilty" to
the specification but at the conclusion of the hearing, the
Examiner found the specification and charge "proved." After his license had been suspended, the Appellant was issued a temporary
license pending determination of this appeal. | Appeal No. 0344 | Suspension and Revocation Appeals Authority | 7/8/1949 | 7/8/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0316 - ABDULLAH | In the Matter of Merchant Mariner's Document Z-324851
Issued to: MESSINA ABDULLAH
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
316
MESSINA ABDULLAH
On 30 December, 1948, Messina Abdullah, a merchant seaman, was
brought before an Examiner of the United States Coast Guard, under
the provisions of R. S. 4450, on a charge of "misconduct", based
upon the following specification:
"In that you, while serving as oiler on board a merchant
vessel of the United States, the SS GROTON TRAILS, under
authority of your duly issued certificate, did, on or
about 20 September, 1948, while said vessel was at
Brooklyn, New York, have in your possession, contrary to
law, certain narcotics; to wit, about 14 grains of crude
opium." | Appeal No. 0316 | Suspension and Revocation Appeals Authority | 7/13/1949 | 7/13/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0349 - VIRNET | In the Matter of Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
ANIBAL VIRNET
In The Matter of
Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
Merchant Mariner's Document No. Z-669069
Issued to: CLARENCE DEANE MILLER
Merchant Mariner's Document No. Z-630431-D1
Issued to: JOHN HENRY WHEATLEY
Certificate of Service No. E-61599
Issued to: MANCEL S. HAWKINS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 30 and 31 March, 1949, each of the above-named Appellants
appeared before an Examiner of the United States Coast Guard at
Seattle, Washington, to answer a charge of "misconduct" supported by the following specification:
"In that you, while serving (in the stated individual
capacity) on board a merchant vessel of the United
States, the MV LUCIDOR, under authority of your duly
issued Merchant Mariner's Document (or Certificate, as
applicable) did, on or about 25 January, 1949, unlawfully
delay the sailing of said vessel from a domestic port by
reason of failure to report aboard in accordance with
posted sailing orders, such being contrary to 46 U.S.C.
701." | Appeal No. 0349 | Suspension and Revocation Appeals Authority | 9/29/1949 | 9/29/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 1486 - KNUTSON | By order dated 26 May 1964, an Examiner of the United States
Coast Guard at Portland, Oregon, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The five
specifications found proved allege that while serving as an able
seaman on the United States SS WILDERNESS under authority of the
document above described, on 23 February 1964, Appellant wrongfully
failed to perform his duties as helmsman and wrongfully had
possession of alcoholic beverages on the ship; from 30 March
through 3 April 1964, Appellant wrongfully failed to perform his
assigned duties on 16 April 1964, Appellant created a disturbance
on board and deserted the ship.
At the original hearing, Appellant was not present or
represented by counsel. The hearing was conducted in absentia
after the Examiner entered pleas of not guilty to the charge and
each specification on behalf of Appellant. | Appeal No. 1468 | Suspension and Revocation Appeals Authority | 1/7/1965 | 1/7/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1523 - MICHAELS | By order dated 23 June 1965 at Seattle, Washington, an
Examiner of the United States Coast Guard, after conducting a
hearing at Portland, Oregon, revoked Appellant's document upon
finding him guilty of the charge of "conviction for a narcotic drug
law violation." The charge was proved by evidence that, on 16
September 1964, Appellant was convicted by the Circuit Court of the
State of Oregon for the County of Multnomah, a court of record, for
violating a narcotic drug law of the State of Oregon (illegal sale
of marijuana).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification at the beginnings of the hearing on 17 July 1964.
The Investigating Officer introduced evidence of an indictment
against Appellant for the unlawful sale of marijuana, and a jury
verdict finding Appellant guilty as charged in the indictment. The
Investigating Officer then rested. Counsel for Appellant moved to
dismiss the charges on the ground that there was no evidence of a
conviction since the court had not yet rendered judgement in the case. The Examiner agreed that the proceedings were premature but
denied the motion and adjourned the hearing until after the court
acted. | Appeal No. 1523 | Suspension and Revocation Appeals Authority | 6/23/1965 | 6/23/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1524 - PAUL | By order dated 7 July 1965, an Examiner of the United States
Coast Guard at New York, New York suspended Appellant's seaman documents for two months on nine months' probation upon finding her guilty of misconduct. The specification found proved alleges that while serving as a stewardess on board the United States SS ARGENTINA under authority of the document above described, on 13 May 1965, Appellant wrongfully created a disturbance.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several eyewitnesses to the incident. The only defense witness
was not present when the alleged offense occurred.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner entered the order of suspension
mentioned above. | Appeal No. 1524 | Suspension and Revocation Appeals Authority | 11/4/1965 | 11/4/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1525 - BRENAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 10 May 1965 at Seattle, Washington, an Examiner
of the United States Coast Guard, after conducting a hearing at
Portland, Oregon, revoked Appellant's document upon finding him
guilty of misconduct. The offenses alleged were proved by evidence
that while serving as a fireman-watertender on board the United
States SS OCEANIC SPRAY under authority of the document above
described, Appellant wrongfully failed to stand his watches on 24
and 25 December 1964 as well as on 21, 24 and 25 February 1965, and
9 March 1965, while the ship was at sea or in a foreign port.
Each offense is supported by a properly prepared entry in the
ship's official logbook. No other evidence was introduced by the
Investigating Officer and there was no evidence in defense since
Appellant was not present at the hearing.
On 15 April 1965, the foreign voyage was completed at Portland. On the morning of this date, Appellant was served with the charge and specification and ordered to appear for a hearing on 16 April. At this time, he voluntarily deposited his document with the Investigating Officer. Appellant was not present or represented when the hearing was convened on 16 April and nothing had been heard from him. The Examiner continued the case subject to call. | Appeal No. 1525 | Suspension and Revocation Appeals Authority | 11/12/1965 | 11/12/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1600 - CARRASQUILLO | By order dated 29 April 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman
documents for 9 months outright plus 9 months on 24 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board the
United States SS PIONEER MYTH under authority of the document above
described, on or about 4 February 1966, Appellant wrongfully
assaulted and battered a fellow crewmember with a fishing gaff on
board the vessel at San Fernando, Republic of the Philippines.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of several witnesses. In defense, Appellant offered in evidence his own testimony,
plus that of three other witnesses who testified as to prior acts
of the alleged victim of the alleged assault.
At the end of the hearing, the Examiner reserved decision, on
31 March 1966.
On 29 April 1966, the Examiner entered an order suspending all
documents issued to Appellant for a period of nine months outright
plus nine months on twenty-four months' probation. | Appeal No. 1600 | Suspension and Revocation Appeals Authority | 1/31/1966 | 1/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1554 - MCMURCHIE | By order dated 15 October 1965, an Examiner of the United
States Coast Guard at New York, New York, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
utilityman on board the United States SS SANTA LUISA under
authority of the document above described, on or about 15 and 16
March 1965, Appellant, at Kingston, St. Vincent,
1) wrongfully failed to perform duties at unmooring the vessel
by reason of intoxication;
2) wrongfully destroyed ship's property by throwing mooring
lines overboard;
3) wrongfully assaulted and battered the master of the vessel;
and 4) wrongfully used foul and abusive language to the master of
the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1554 | Suspension and Revocation Appeals Authority | 5/16/1966 | 5/16/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1553 - BARTON | By order dated 26 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 6 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as and A.B.
seaman on board the United States SS GIBBES LYKES under authority
of the document above described, Appellant
(1)wrongfully failed to perform dutiess on 26 August 1965,
from 1600 to 1900;
(2) wrongfully failed to join the vessel at 1900 on 26 August
1965, remaining so absent until 31 August 1965;
(3) wrongfully absented himself from the vessel from 1500 on
10 September to 1815 on 11 September, 1965; | Appeal No. 1553 | Suspension and Revocation Appeals Authority | 5/18/1966 | 5/18/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1555 - WEBB | By order dated 8 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for 24 months' outright upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as an A.B. on board the United States SS FLYING GULL under
authority of the document above described, on or about 12 July
1965, Appellant did wrongfully assault and batter a fellow
crewmember, Andrew Menice, Boatswain, by striking him about the
right side and inflicting a puncture wound. Another specification
alleging wrongful possession of charez (a form of marijuana) was
found not proved.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1555 | Suspension and Revocation Appeals Authority | 5/23/1966 | 5/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1557 - PEREZ | By order dated 21 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for two months outright plus four months on
eight months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
refrigeration oiler on board the United States SS CONSTITUTION
under authority of the document above described, on or about 20
November 1965, Appellant assaulted and battered, by pushing, the
second assistant engineer and shortly thereafter also assaulted the
same person by shaking his fist at him in a threatening manner and
offering to inflict bodily harm.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1557 | Suspension and Revocation Appeals Authority | 5/27/1966 | 5/27/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1558 - SORRENTINO.PDF | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as third mate on board the United States SS NORBERTO CAPAY
under authority of the documents above described, on or about 16
September 1965, Appellant wrongfully failed to join the vessel at
Qui Nhon, Vitenam.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
documents. | Appeal No. 1558 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1559 - BETANCOURT | By order dated 25 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for three months outright on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a deck
maintenance man on board the United States SS AFRICAN METEOR, under
authority of the document above described, on or about 6 July 1965,
Appellant wrongfully assaulted a fellow crewmember, Alberto V.
Papa, with a knife--two other specifications of wrongful assault
were found not proved.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Alberto V. Papa, and Peter Estabrooks, the second assistant | Appeal No. 1559 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1560 - BROUSSARD | By order dated 17 February 1966, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's
seaman's documents for 12 months outright upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as an able bodied seaman on board the United States SS
MORMACGULF under authority of the document above described, or
about 29 August 1964, Appellant wrongfully sailed for a foreign
port without registering as a person who had been convicted of a
violation of the narcotic drug laws of the State of Texas; that on
or about 26 October 1965 Appellant wrongfully entered the United
States at Jacksonville, Florida, from Brazil without registering as
a person who had been convicted of a violation of the narcotic drug
laws of the State of Texas; that on 24 August 1964, while entitled
to hold Merchant Mariner's Document Z-364980 "R" Appellant
fraudently did apply for a duplicate merchant mariner's document in
that he did falsely deny that he had been convicted of a violation
of a narcotic drug law of the United States; and that on 17 September 1965, while entitled to hold Merchant Mariner's Document
Z-364980 "R", Appellant fraudulently did apply for a duplicate
merchant mariner's document in that he did falsely deny that he had
been convicted of a violation of a narcotic drug law of the United
States. | Appeal No. 1560 | Suspension and Revocation Appeals Authority | 6/3/1966 | 6/3/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1632 - SCHULTZ | By order dated 8 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for 12 months outright plus 6 months on 18 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an ordinary seaman on
board the United States SS SAPPHIRE GLADYS under authority of the
document above described, on or about l4 June 1966, Appellant
wrongfully assaulted and battered a fellow crewmember, James W.
Duffy, with a milk can and a coffee cut on board the vessel at
Bremerhaven, Germany.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
Appellant offered no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 12 months outright
plus 6 months on 18 months' probation. | Appeal No. 1632 | Suspension and Revocation Appeals Authority | 6/5/1966 | 6/5/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1561 - CONKLIN | By order dated 13 December 1965, an Examiner of the United
States Coast Guard at New York, N. Y. revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Third Mate
on board the United States SS HARBOR HILLS under authority of the
documents above described, on or about 25 September 1965,
Appellant:
(1) wrongfully engaged in acts of sexual perversion with a
member of the crew when the vessel was at Westport,
Oregon, and
(2) at the same time and place, used foul and abusive
language to the master of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses.
In defense, Appellant offered in evidence his own testimony,
and two letters of recommendation. | Appeal No. 1561 | Suspension and Revocation Appeals Authority | 6/7/1966 | 6/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1562 - FAULKNER | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for three months outright plus six months on
eighteen months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
third assistant engineer on board the United States SS IBERVILLE
under authority of the document and license above described,
Appellant
1. wrongfully failed to perform assigned duties on 25 and 26
December 1965, at Qui Nhon, Vietnam;
2. wrongfully failed to perform assigned duties on 28
January 1966, at Kunsan, Korea; and
3. on 25 December 1965, wrongfully threatened another
officer of the vessel, a third assistant engineer. | Appeal No. 1562 | Suspension and Revocation Appeals Authority | 6/13/1966 | 6/13/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1563 - RONDON | By order dated 25 January 1966, an Examiner of the United
States Coast Guard at New York, N. Y. revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a crew messman on board
the USNS TWINN FALLS under authority of the document above
described, on or about 6 March 1965, Appellant assaulted and
battered another crew member, Asuncion Quinones, by cutting him
with a knife.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Quinones and two other witnesses.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1563 | Suspension and Revocation Appeals Authority | 6/15/1966 | 6/15/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1564 - KEARNEY | By order dated 13 October 1965, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman documents for 3 months outright upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a third refrigeration engineer on board the United
States SS PRESIDENT MADISON under authority, of the document above
described, Appellant, during a voyage from 14 April 1965 to 13
August 1965, on 28 May 1965 wrongfully threatened the chief
engineer with bodily harm; that Appellant on 25 June 1965
wrongfully failed to perform his assigned duties during part of his
watch; that Appellant on 11 July 1965 operated a distillery for
alcoholic beverages in the reefer machine shop on board said
vessel; that on 12 August 1965 Appellant wrongfully assaulted the
chief officer; and that on 13 August 1965 Appellant wrongfully
assaulted the chief refrigeration engineer.
At the hearing, Appellant was represented by professional | Appeal No. 1564 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1565 - JEREMIC | By order dated 8 November 1965, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months outright finding him guilty of
negligence.The specifications found proved allege that while
serving as master on board the United States SS MANHATTAN under
authority of the license above described, on or about 16, 18, and
19 April 1964, Appellant allowed his vessel to be navigated with
draft "exceeding the maximum safe loading draft indicated by the
latest verbal and charted notices of the U. S. Army Corps of
Engineers," thereby contributing to grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence charts and
other documents, and the testimony of five witnesses. | Appeal No. 1565 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1567 - CASTRO | By order dated 31 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for six months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintenance man on board the
United States SS SANTA LUISA under authority of the document above
described, on or about 22 September 1965, Appellant wrongfully had
intoxicating liquor (nine bottles) in his possession at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and introduced six documents. | Appeal No. 1567 | Suspension and Revocation Appeals Authority | 7/1/1966 | 7/1/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1568 - GALLEGOS | By order dated 22 September 1965 an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seaman
documents for 12 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Able Seaman on board the United States SS DEL VALLE
under authority of the document above described, during the period
from 1 July 1965 to 9 September 1965, Appellant wrongfully absented
himself from his duties on or about 21 July 1965 and on or about 11
August 1965, while the vessel was in a foreign port; that on or
about 22 july 1965 while the vessel was in a foreign port Appellant
wrongfully failed to perform his duties by reason of intoxication;
that on or about 8 august 1965, while the vessel was underway in a
foreign harbor, Appellant wrongfully failed to perform duty as a
watchstander on wheel and lookout watches.
At the hearing, Appellant did not appear and was not
represented by counsel. A plea of not guilty to the charge and each specification was entered.
The Investigating Officer introduced in evidence certified
copies of log entries as to each offense charged.
No evidence was offered on behalf of the Appellant. | Appeal No. 1568 | Suspension and Revocation Appeals Authority | 7/7/1966 | 7/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1569 - BUNN | Pursuant to the order of the court, U. S. District Court for
the Southern District of New York, 20 August 1968, the Order in the
captioned case is RESCINDED. The finding and order of the
Examiner, dated at New York, N. Y., on 9 December 1965, are
VACATED, and the charges are DISMISSED. | Appeal No. 1569 | Suspension and Revocation Appeals Authority | 7/12/1966 | 7/12/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1570 - CANNELL & SINDA | By orders dated 27 May 1965, an Examiner of the United States
Coast Guard at Philadelphia, Pennsylvania, suspended Appellant
Cannell's license for two months on six months' probation, and
entered an admonition against Appellant Sinda upon finding them
guilty of negligence and inattention to duty respectively. The
specifications found proved against Appellant Cannell allege that
while serving as pilot on board the United States SS TEXACO
WISCONSIN under authority of the license above described, on or
about 7 August 1964, Appellant negligently failed to sound a danger
signal when his first two blast signal was not responded to by the
approaching SS STEEL MAKER, thereby contributing to a collision
with that vessel, and maneuvered the vessel for a port to port
passing in a situation which dictated a starboard to starboard passing. | Appeal No. 1570 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1571 - CONKLING | By order dated 26 November 1965, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents 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 a
boatswain on board the United States SS GREEN POINT under authority
of the document above described, on or about 23 July 1965,
Appellant wrongfully made threats against, and assaulted and
battered, a fellow crewmember, one Carlos V. Contreras.
This hearing was held in joinder with one involving Carlos V.
Contreras, the alleged victim of Appellant's assault and battery.
Contreras was also charged with assault and battery upon Appellant.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1571 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1574 - STEPKINS | By order dated 28 March 1966, an Examiner of the United States
Coast Guard at San Diego, California, suspended Appellant's
seaman's documents for three months on six months' probation upon
finding him guilty of violation of a statute. The specification
found proved alleges that while serving as master on board the
United States MV AMERICAN BOY under authority of the documents
above described, on or about 19 January 1966, Appellant wrongfully
sailed from San Diego, California, on a fishing voyage without a
licensed mate aboard the vessel as required by Title 46 U. S. Code
224a.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer entered in evidence stipulations
made with Appellant and his counsel as to facts in the voyage of AMERICAN BOY.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
three months' probation. | Appeal No. 1574 | Suspension and Revocation Appeals Authority | 7/20/1966 | 7/20/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1572 - BENGERT | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's seaman's
documents for 2 months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board the United States SS DEL MUNDO under authority of the
document above described, Appellant, on nine different dates
between 9 March and 29 March 1961, sometimes at sea and sometimes
in port, wrongfully failed to perform his duties. On three of
these dates, one time at sea, it is alleged that the failure was
due to intoxication.
At the hearing, Appellant elected to act as his own counsel.
appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence. | Appeal No. 1572 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1573 - ARBOLEDA | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, revoke Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Chef's
Utility board the United States SS MARIPOSA under authority of the
document above described, on or about 26 April 1965, Appellant
assaulted and battered with a dangerous weapon on John Scribner, a
crewmember, and assaulted and battered with his hands on James
Potts, a passenger, and one Loraine Alaimo, another crewmember, in
the port of Papeete, Tahiti.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the Official Log Book of MARIPOSA and the testimony of Scribner and Alaimo.
In defense, Appellant offered in evidence the testimony of
another crewmember and a copy of a sworn statement he had made to
a U. S. consul. | Appeal No. 1573 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1575 - HILLIKER | By order dated 26 January 1966, an Examiner of the United
States Coast Guard at Portland, Oregon, suspended Appellant's
seaman's documents for 4 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Second Assistant Engineer on board the United States SS
ROBIN KIRK under authority of the document and license above
described, on or about 15 and 16 December 1965, Appellant
wrongfully failed to perform his duties, at Inchon, Korea, by
reason of intoxication.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence entries in
the Official Log Book of ROBIN KIRK.
In defense, appellant made an unsworn statement.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and both specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of four months outright. | Appeal No. 1575 | Suspension and Revocation Appeals Authority | 8/3/1966 | 8/3/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1654 - DA CUNHA | By order dated 19 August 1966, an Examiner of the United
States Coast Guard at New York suspended Appellant's seaman's
documents for 1 month outright plus 5 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a steward
utility on board the United States SS FLYING FOAM under authority
of document above described, on or about 26 May 1966, Appellant
used foul and abusive language and threatened bodily harm to the
Chief Officer.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the official
logbook and shipping articles of the vessel, and the testimony of the Chief Officer.
In defense, Appellant offered in evidence the testimony of the
two witnesses, and took the stand himself.
After the hearing, the Examiner rendered a decision in which
he concluded that the charge and both specifications had been
proved. The Examiner then served a written order on Appellant
suspending all documents issued to him for 1 month outright plus 5
months' on 12 months' probation. | Appeal No. 1654 | Suspension and Revocation Appeals Authority | 8/10/1966 | 8/10/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1576 - ASTRAUSKAS | By order dated 22 April 1966, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for one month outright plus two months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Carpenter
on board the United States SS CANADA BEAR under authority of the
license above described, on or about 20 April 1966, Appellant
engaged in mutual combat with another crewmember, while under the
influence of alcohol, while the vessel was at San Francisco,
California.
The hearing was held in joinder with that of the other
crewmember, William L. Rodrigues. The single specification alleged
against Rodrigues was identical with that served upon Appellant
except for the substituted names.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. Rodrigues, who was not represented by counsel,
pleaded guilty.
The Investigating Officer introduced on evidence extracts from
the shipping articles of CANADA BEAR, and testimony of the master
of the vessel. The Investigation Officer then rested, but
immediately thereafter called Rodrigues as witness. Rodrigues
testified and the Investigating Officer rested again.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month outright
plus two months on twelve months' probation. | Appeal No. 1576 | Suspension and Revocation Appeals Authority | 8/12/1966 | 8/12/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1578 - INGHAM | By order dated 2 December 1965, an Examiner of the United
States Coast Guard at New York, New York, revoked seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board the United States SS FLYING ENTERPRISE II, under authority
of the document above described, on or about 29 May 1964, Appellant
wrongfully had a quantity of marijuana in his possession aboard the
ship.
A second specification, dismissed by the Examiner but
mentioned here because of its bearing on the appeal, was that
Appellant, while so serving, had wrongfully purchased marijuana in
Panama on 25 May 1964.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each and each specification.
several witnesses taken in San Juan, Puerto Rico, in the
presence of Appellant's counsel.
In defense, Appellant offered nothing by way of affirmative
evidence.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and the first specification had
been proved. The Examiner entered an order revoking all documents
issued to Appellant. | Appeal No. 1578 | Suspension and Revocation Appeals Authority | 8/17/1966 | 8/17/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1577 - PORTER | By order dated 23 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as second
assistant engineer on board the United States SS NORBERTO CAPAY
under authority of the document and license above described, on or
about 11 January 1966, at Manila Philippine Republic, Appellant
(1) wrongfully assaulted and battered the chief mate of
the vessel,
(2) wrongfully assaulted and battered another
crewmember, Wilder Wallace; and
(3) wrongfully failed to join the vessel.
At the hearing , Appellant elected to act as his own counsel,
with the assistance of his wife. Appellant entered a plea of
guilty to the charge and to all specifications except that alleging
assault and battery upon Wilder Wallace.
The Investigating Officer introduced in evidence documentary
evidence from the ship's articles and official log book, and the
testimony of the two alleged assault victims and of the first
assistant engineer of the vessel.
In defense, Appellant offered unsworn statements by his wife
and himself.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and all
specifications had been proved. The Examiner later entered an
order suspending all documents issued to Appellant for a period of
six months outright plus six months on twelve months' probation,
and the entire decision was served on 28 February 1966. Appeal was
timely filed on 28 March 1966. Appeal was perfected by filing of
a brief on 10 June 1966. | Appeal No. 1577 | Suspension and Revocation Appeals Authority | 8/18/1966 | 8/18/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1579 - HARRISON | By order dated 11 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for twelve months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as chief mate and third mate on board the
United States SS GEORGE S. LONG under authority of the document and
license above described, Appellant
1) on or about 31 December 1965 and 2 January 1966,
wrongfully failed to perform duties because of
intoxication; and
2) on or about 17 December 1965, did "wrongfully take
and allow to be given away with intent to deprive
the owner certain ship's property."
At the hearing, appellant did not appear. The Examiner entered plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence certain
documents.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of twelve
months. | Appeal No. 1579 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1580 - CRAIG | By order dated 7 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month upon finding him guilty of
misconduct. The specification as found proved alleges that while
serving as master on board the United States SS REMSEN HEIGHTS
under authority of the document and license above described, on or
about 11 February 1966, Appellant, while the vessel was at sea,
wrongfully addressed the radio officer with threatening language,
the exact words, or substance of which, were: "There is the first
S.O.B. I'm going to shoot."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the radio officer, and of the first and third assistant engineers.
In defense, Appellant offered in evidence his own testimony
and that of the purser.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month. | Appeal No. 1580 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1581 - VEDDER | By order dated 4 June 1964, an Examiner of the United States
Coast Guard at Long Beach, California, revoked Appellant's seaman's
documents upon finding him guilty of misconduct and incompetent.
Two charges were brought against Appellant, one of
"Misconduct," one of "Incompetence." Both charges were found
proved. In view of my opinion of this matter, expressed below, no
further analysis of the proceedings is necessary at this time. | Appeal No. 1581 | Suspension and Revocation Appeals Authority | 8/31/1966 | 8/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1582 - WRET | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's seaman
documents for 3 months outright plus 3 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board the
United States SS EVANTHIE under authority of the document above
described, on or about 24 February 1966, Appellant wrongfully
engaged in mutual combat with a ship's officer, one Porter Bodine,
the second assistant engineer.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the second assistant and of the chief engineer, as well as
records from the shipping articles and from the official log book.
In defense, Appellant offered in evidence testimony from a
wiper and from the chief officer of the vessel at the time in
question. A statement of Appellant had already been admitted into
evidence along with the official log book record.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of 3
months outright plus 3 months on 12 months' probation. | Appeal No. 1582 | Suspension and Revocation Appeals Authority | 9/2/1966 | 9/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1583 - GAMACHE | By order dated 1 December 1965, an Examiner of the Unite
States Coast Guard at Portland, Maine, suspended Appellant
Gamache's license for one month outright plus two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as pilot on
board the United States SS LOUISIANA BRIMSTONE under authority of
the license above described, on or about 7 August 1965, Appellant
Gamache operated the vessel at immoderate speed in fog, thereby
contributing to a collision with SS CANTERBURY LEADER.
By order of 2 December 1965, at the same place, the Examiner
suspended Appellant Maxwell's license for two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as master
aboard the LOUISIANA BRIMSTONE under authority of his license, on
or about 7 August 1965, Appellant Maxwell permitted the vessel to
be operated at immoderate speed in fog, thereby contributing to a
collision with CANTERBURY LEADER.
At the hearing, Appellants were represented by professional
counsel. Appellants entered pleas of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence the testimony
of both Appellants and certain Ship's records.
In defense, Appellants offered in evidence statements of other
personnel employed aboard the LOUISIANA BRIMSTONE.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charges and specifications had been
proved. The Examiner then served written orders on Appellants
suspending their licenses as described above. | Appeal No. 1583 | Suspension and Revocation Appeals Authority | 9/7/1966 | 9/7/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1585 - WALLIS | By order dated 14 April 1966, an Examiner of the United States
Coast Guard at Tampa, Florida, suspended Appellant's seaman's
documents for 4 months outright plus 4 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a fireman-watertender on board the
United States SS ADABELLE LYKES under authority of the document
above described, on or about 17 March 1966, Appellant wrongfully
failed to perform his duties on the 2000-2400 watch in a foreign
port.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
However, he disclosed to the Examiner that he was on probation at
the time of the offense. When the Examiner warned him that any
suspension previously ordered on probationary terms would have to
be invoked if he were found guilty, Appellant elected to change his
plea to "not guilty".
The Investigating Officer introduced in evidence extracts from
the articles and official log book of ADABELLE LYKES.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 4 months outright
plus 4 months on 18 months' probation. | Appeal No. 1585 | Suspension and Revocation Appeals Authority | 9/13/1966 | 9/13/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1586 - WALLIS | By order dated 15 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California, suspends Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
fireman-watertender on board the United States SS JAVA MAIL under
authority of the document above described, on or about 10 August
1965, Appellant did "at or about 0130 hours, wrongfully fail to
perform your duties while the vessel was at Calcutta, India, having
been relieved for sleeping on watch and being under the influence
of liquor."
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence, to explain
the facts of the case, an entry in the Official Log Book of JAVA
MAIL.In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months outright plus six months on twelve months' probation. | Appeal No. 1586 | Suspension and Revocation Appeals Authority | 9/15/1966 | 9/15/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1587 - ROBERTSON | By order dated 19 May 1966, an Examiner of the United states
Coast guard at Galveston, Texas, revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that while as a holder of a merchant mariner's document
above described, on or about 22 April 1966, Appellant was convicted
in the United States District Court for the Southern District of
Texas, Houston Division, for violation of a narcotic drug law of
the United States, to wit: acquiring marihuana without having paid
the transfer tax, in violation of 26 U.S.C. 4744(a) (1).
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
A certified copy of the judgment of conviction alleged in the
specification was introduced into evidence.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1587 | Suspension and Revocation Appeals Authority | 9/26/1966 | 9/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1588 - INGRAM | By order dated 30 June 1966, an Examiner of the United States
Coast Guard at Duluth, Minnesota, suspended Appellant's seaman's
documents for three months outright plus nine months on eighteen
months' probation upon finding him guilty of misconduct. This
specification found proved alleges that while serving as a Third
assistant engineer on board the United States SS CLIFFORD F. HOOD
under authority of the document and license above described, on or
about 29 September 1965, Appellant wrongfully assaulted and
battered, with a piece of pipe, a member of the crew, one Ralph
Gates, causing injury.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner than entered an order suspending all
documents issued to Appellant for a period of three months outright
plus nine months on eighteen months' probation. | Appeal No. 1588 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1590 - FOSTER | By order dated 31 May 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month outright plus two month on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as oiler on
board the United States SS EXERMONT under authority of the document
above described, Appellant wrongfully failed to perform duties on
23 and 24 April 1966, at Cam Ranh Bay, and from 28 April 1966
through 4 May at Nha Trang, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
Appellant offered in mitigation a statement detailing the
difficulties of working an ole, reactivated ship, under oppressive
weather conditions.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then entered an oral order
suspending all documents issued to Appellant for a period of three
months on twelve months' probation.
Four days later the Examiner entered a written decision
containing an order suspending Appellant's documents for one month
outright, plus two months on twelve months' probation. | Appeal No. 1590 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1589 - PANCHECO | By order dated 20 May 1965, an Examiner of the United States
Coast Guard at San Francisco, California, formally admonished
Appellant upon finding him guilty of misconduct. The specification
alleged that while serving as Boatswain on board the United States
SS PRESIDENT HARDING under authority of the document above
described, on or about 10 February 1965, 23 February 1965, and 18
March 1965, Appellant wrongfully used profane and abusive language
in a belligerent attitude toward the Chief Mate.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the ship's
log for 10 February 1965 and 18 March 1965 and testimony of the
Master, Chief Mate, and Third Mate of the SS PRESIDENT HARDING.
Appellant testified under oath in his own defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order admonishing Appellant. | Appeal No. 1589 | Suspension and Revocation Appeals Authority | 11/7/1966 | 11/7/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1591 - VAUGHAN | By order dated 30 August 1965, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for 6 months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman on board the United States USNS PECOS
under authority of the document above described, Appellant.
(1) on or about 1 May 1963 at Sasebo,
Japan, failed to perform duties by
reason of intoxication;
(2) on or about 5 June 1963 at Inchon,
Korea, wrongfully failed to perform
duties;
(3) on or about 7 June 1963 at Pusan,
Korea, at sea, and at Sasebo, Japan,
wrongfully failed to perform duties;
(4) on or about 7 June 1963 at Pusan,
Korea, at sea, and at Sasebo, Japan,
wrongfully failed to perform duties;
(5) on or about 8 June 1963 at Sasebo,
Japan, wrongfully failed to perform
duties;
(6) on or about 10 and 11 July 1963 at
Inchon, Korea, wrongfully failed to
perform duties;
(7) on or about 16 and 17 July 1963 at
Inchon, Korea, wrongfully failed to
perform duties;
(8) on or about 21 July 1963 at Sasebo,
Japan, wrongfully failed to perform
duties; | Appeal No. 1591 | Suspension and Revocation Appeals Authority | 11/30/1966 | 11/30/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1592 - BUFFINGTON | By order dated 28 January 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a deck utility on board the United States SS SAN
JOSE under authority of the document above described, on or about
15 December 1965, Appellant wrongfully refused to obey a lawful
order of the master to go aloft to assist in painting the foremast
of the vessel when the ship was at anchor in the mouth of the
Saigon Rive, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification, but readily admitted that he refused to obey the
order. He contested only the wrongfulness of the refusal.
The Investigating Officer was precluded from entering any evidence because Appellant had immediately assumed the burden of
proceeding by his admission.
In defense, Appellant offered in evidence his explanation of
why he had refused to obey the order. When the Investigating
Officer offered evidence in rebuttal, the Examiner declared that it
was not necessary in view of the testimony of Appellant.
At the end of the hearing, held on 18 January 1966, the
Examiner reserved decision. On 28 January 1966, the Examiner
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 three
months. Service of decision was accomplished on 4 February 1966.
Appellant filed notice of appeal on 8 February 1966 and asked for
a transcript of proceedings. This was furnished to him on 16 March
1966. Subsequent correspondence has added nothing to the grounds
for appeal originally urged. | Appeal No. 1592 | Suspension and Revocation Appeals Authority | 12/8/1966 | 12/8/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1593 - ARCHIBALD | By order dated 30 September 1964, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for three months upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as master on board the United States SS GREEN LAKE
under authority of the license above described, on or about 11 July
1964, Appellant failed to take adequate precautions to guard
against approaching St. John Island Light too closely, contributing
thereby to the grounding to the charge and specification.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence testimony of
the chief mate and second mate of the vessel.
Appellant offered no affirmative defense.
At the end of the hearing, the Examiner reserved decision. He
then rendered a written decision in which he concluded that the
charge and specification had been proved. The Examiner then
entered an order suspending all documents issued to Appellant for
a period of three months. Attempted service by registered mail
failed.
The entire decision was served on 26 April 1966. Appeal was
timely filed on 29 April 1966. | Appeal No. 1593 | Suspension and Revocation Appeals Authority | 12/8/1966 | 12/8/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1594 - RODRIGUEZ | By order dated 29 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that while a holder of MMD Z-1000286 Appellant was, on or
about 23 November 1959, convicted of a violation of a narcotic drug
law of the State of Texas in Criminal District Court No. 5 of
Harris County, Texas.
Appellant was served with charges, as stated above, at San
Francisco, on 3 March 1966 and hearing was opened that date. It
appears that Appellant moved for a change of venue to Houston,
Texas, so that he could procure counsel of his choice. The motion
was granted. Hearing was reconvened in Houston on 18 March 1966,
and postponed until 28 April 1966, at which time Appellant was
represented by professional counsel. Appellant entered a plea of
guilty to the charge and specification.
Appellant testified in his own behalf, and offered evidence of
good conduct since his conviction.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1594 | Suspension and Revocation Appeals Authority | 12/13/1966 | 12/13/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1595 - SAMMONS | By order dated 20 December 1965, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman documents for six months outright plus six months on twelve
months' probation upon finding him guilty of misconduct. The two
specifications found proved allege that while serving as Ordinary
Seaman on board the United States SS REUBEN TIPTON under authority
of the document above described, on or about 9 April 1965,
Appellant failed to perform his regular assigned duties and
wrongfully absented himself from the REUBEN TIPTON while it was in
the port of Lake Charles, Louisiana; and assaulted and battered the
Chief Mate on board the vessel while it was in the port of Lake
Charles,Louisiana.
At the hearing, Appellant entered a plea of not guilty to the
charge and each specification. Appellant was present without
Counsel when the hearing was convened on the afternoon of 24 May
1965, and was continued until the mornings of 8 August and 22 October. On both occasions, the person charged was not present but
he was represented by professional Counsel. In order to give
Counsel time in which to locate the person charged, the hearing was
again continued until the morning of 8 December. Prior to the
final hearing, Counsel stated to the Investigating Officer that
efforts to locate the person charged were unsuccessful and in view
of the fact that a stipulation had been made as to the testimony of
three potential defense witnesses, he would rest his case without
further appearance. Hence, the hearing was concluded on 8 December
1965 in absentia.
The Investigating Officer introduced into evidence a certified
extract from the Shipping Articles, a certified copy of Official
Logbook entries, testimony of the Chief Mate, and the deposition of
the Master. | Appeal No. 1595 | Suspension and Revocation Appeals Authority | 12/15/1966 | 12/15/1966 | | 12/28/2017 |