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Suspension and Revocation Appeals Authority1754 - BURTON.PDFBy order dated 5 December 1967, an Examiner of the United States Coast Guard at San Francisco, Cal., suspended Appellant's seaman's documents for twelve months upon finding him guilty of misconduct. The specification found proved alleges that while serving as an AB seaman on board SS GOLDEN BEAR under authority of the document above captioned, on or about 2 March 1967, Appellant wrongfully assaulted and battered a fellow member of the crew, one Henry Taylor, by cutting him with a knife. At the hearing, Appellant was represented by professional counsel but did not appear in person. Appellant's counsel entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence the testimony of two witnesses and voyage records of GOLDEN BEAR. Counsel for Appellant, on 29 March 1967, asked for time to obtain Appellant's personal appearance. On reconvening of 24 October 1967, counsel advised that he had been unable to communicate with Appellant, and asked for more time. Continuance was granted until 28 November 1968, with the understanding that if no communication with Appellant were established by that date, the case "would be submitted," On 5 December 1967 (with on record of any proceedings on 28 November 1967), the Examiner entered a decision and order suspending Appellant's documents for a period of twelve months.Appeal No. 1754Suspension and Revocation Appeals Authority3/13/19693/13/196912/27/2017
Suspension and Revocation Appeals Authority1755 - RYANBy order dated 7 August 1967, an Examiner of the United States Coast Guard at New Orleans, Lousiana suspended Appellant's license and seaman's documents for six months on twelve months' probation upon finding him guilty of negligence. The specification found proved alleges that while serving as a third assistant engineer on board the United States SS ANNISTON VICTORY under authority of the document and license above described, on or about 26 May 1968, Appellant did while standing his routine sea watch between the hours of 0000 and 0400, negligently allow fuel oil to be pumped on deck aft dueto overflowing number five center double bottom tank while transforming fuel oil to it from number one port double bottom tank. 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 testimonyAppeal No. 1755Suspension and Revocation Appeals Authority3/18/19693/18/196912/27/2017
Suspension and Revocation Appeals Authority1756 - ADDITIONBy order dated 20 June 1967, an Examiner of the United States Coast Guard at Galveston, Texas, suspended Appellant's seaman's documents for six months outright plus three months on twelve months' probation upon finding him guilty of misconduct. The Specifications found proved allege that while serving as a third assistant on board SS NORINA under authority of the document and license above captioned on or about 16 April 1967, Appellant wrongfully had whiskey in his possession and wrongfully became intoxicated. At the hearing, Appellant elected to act as his own counsel. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of NORINA and the testimony of the master and the secondassistant engineer of the vessel. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and two specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of six months outright plus three months on twelve months' probation.Appeal No. 1756Suspension and Revocation Appeals Authority3/20/19693/20/196912/27/2017
Suspension and Revocation Appeals Authority1757 - SCHEPISBy order dated 22 December 1967, an Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's license for one year, plus one year on two years' probation, upon finding him guilty of misconduct. The specifications found proved allege that while serving as master of SS WILD RANGER under authority of the document and license above captioned, on or about 30 May and 8 September 1967, Appellant wrongfully confined a member of his crew in an area forward of the collision bulkhead that was not safe and commensurate with the offenses committed for certain periods of time. (It was stipulated prior to arraignment that the words "commensurate with the offense[s] committed" were to be construed as meaning "not reasonably required to maintain custody of the person involved.") 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 and several documents. In defense, Appellant offered in evidence his own testimony, that of two other witnesses, and several documents. The Examiner entered four documents as his own exhibits.Appeal No. 1757Suspension and Revocation Appeals Authority4/1/19694/1/196912/27/2017
Suspension and Revocation Appeals Authority1758 - BROUSSARDBy order dated 12 February 1968, an Examiner of the United States Coast Guard at New Orleans, La., suspended Appellant's seaman's documents for three months upon finding him guilty of negligence. The specification found proved alleges that while serving as operator on board M/V CAT ISLAND under authority of the document and license above captioned, on or about 27 June 1967, Appellant failed to maintain a proper lookout, thereby contributing to a collision between CAT ISLAND and M/V JANE G. At the hearing, Appellant was represented by professional counsel. appellant entered a plea of not guilty to the charge and specification. By stipulation, there was introduced into evidence the testimony of two persons aboard JANE G, and the deckhand of CAT ISLAND, taken and recorded in earlier proceedings. Appellant personally testified before the Examiner. 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 three months.Appeal No. 1758Suspension and Revocation Appeals Authority4/9/19694/9/196912/27/2017
Suspension and Revocation Appeals Authority1759 - LACYBy order dated 30 January 1969, an Examiner of the United States Coast Guard at Long Beach, California suspended Appellant's seaman's documents for six months upon finding proved a charge of misconduct. The specifications found proved allege that while serving as an AB seaman on board SS TRANSCARIBBEAN under authority of the document above captioned Appellant: (1) failed to perform duties on 5 July 1968 at Subic Bay,R.P.; (2) failed to perform duties by reason of intoxication on 30 July 1968, at Manila, R.P.; (4) failed to perform duties because of intoxication on 13 August 1968 at Yokohama, Japan; (5) failed to perform duties because of intoxication on 23 August 1968, at sea; and while so serving aboard SS HARVARD VICTORY, (6) failed to perform duties on 22 November 1968, a Cam Ranh Ray, RVN; and (7) failed to perform duties on 25 November 1968, at Cam Ranh Bay, RVN. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of TRANSCARIBBEAN and HARVARD VICTORY. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of six months.Appeal No. 1759Suspension and Revocation Appeals Authority5/2/19695/2/196912/27/2017
Suspension and Revocation Appeals Authority1760 - POMPEYBy order dated 9 September 1968, an Examiner of the United States Coast Guard at New York, N. Y., suspended Appellant's seaman's documents for six months plus six months on twelve months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as first cook on board SS SANTA MARIA under authority of the document above captioned, on or about 27 April 1968, Appellant wrongfully assaulted and battered with his hand a fellow crewmember, Arthur Eggenberg, causing injury, while the vessel was 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 Authur Eggenberg, some relevant photographs of Eggenbert, and voyage records of SANTA MARIA. In defense, Appellant offered in evidence the testimony of five witnesses, including his own, certain medical records, and a record of a notice of claim filed with the owner of SANTA MARIA, At the end of the hearing, the Examiner rendered a 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 six months plus six months on twelve months' probation.Appeal No. 1760Suspension and Revocation Appeals Authority5/2/19695/2/196912/27/2017
Suspension and Revocation Appeals Authority1761 - RAFANELLIBy order dated 31 July 1968, an Examiner of the United States Coast Guard at San Francisco, California, revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as carpenter on board SS WINTHROP VICTORY under authority of the document above captioned, on or about 23 January 1968, at Pusan, Korea, Appellant: (1) assaulted and battered another crew member, one Jacovis Biskinis, with a piece of pipe; (2) assaulted and battered Biskinis with a hammer; (3) threatened bodily harm to Biskinis; (4) assaulted and battered another crew member, one Dallas Wenn, with fists; (5) assaulted and battered Dallas Wenn with a hammer; and (6) on 24 January 1968, at Pusan, Korea, threatened the life of Biskinis. At the hearing, Appellant was 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 the testimony of four witnesses, a voyage record of WINTHROP VICTORY, and a sketch showing a partial deck plan on which witnesses located events testified to.Appeal No. 1761Suspension and Revocation Appeals Authority5/1/19695/1/196912/27/2017
Suspension and Revocation Appeals Authority1762 - PECKBy order dated 28 May 1968, an Examiner of the United States Coast Guard at Long Beach, California, suspended Appellant's seaman's documents for six months plus three months on nine months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as radio officer on board SS PRESIDENT TAFT under authority of the document and license above captioned, on or about 26 August 1967, Appellant wrongfully absented himself from the vessel, at Manila, Republic of the Philippines, for approximately eight and one half hours beyond the posted sailing time of the vessel. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and specification. In view of the grounds for appeal stated no recitation of the presentation of evidence is needed.Appeal No. 1762Suspension and Revocation Appeals Authority5/19/19695/19/196912/27/2017
Suspension and Revocation Appeals Authority1763 - GONZALEZBy order dated 25 April 1968, an Examiner of the United States Coast Guard at New York, N. Y. suspended Appellant's seaman's documents for twelve months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a messman on board SS EXFORD under authority of the document above captioned, on or about 16 December 1967, at Seville, Spain, Appellant: (1) assaulted and battered the chief mate by slamming a door into his face; (2) wrongfully had intoxicating liquor in his possession aboard the vessel; (3) disobeyed a lawful order of the master to open his locker; and (4) assaulted and battered the master by striking him in the face. 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 voyage records of EXFORD, and the testimony of the master and the chief mate. In defense, Appellant offered in evidence the testimony of another crewmember and his own testimony. At the end of the hearing, the Examiner rendered a decision in which he concluded that the charge and four specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of twelve months.Appeal No. 1763Suspension and Revocation Appeals Authority5/19/19695/19/196912/27/2017
Suspension and Revocation Appeals Authority1764 - SCHMIDTBy order dated 22 June 1967, an Examiner of the United States Coast Guard at New York, N. Y., suspended Appellant's seaman's documents for seven months plus six months on eighteen months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as second mate on board SS AMERICAN TRAPPER under authority of the document and license above captioned, on or about 22 February 1967, Appellant, at Hoboken, N. J.: (1) assaulted and battered another member of the crew, one Calvin L. Singletary, and (2) created a disturbance by resisting arrest by Hoboken, N. J. police officers. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of AMERICAN TRAPPER, the testimony of a Hoboken, N. J., police officer, and the deposition of Calvin L. Singletary. Appellant offered no evidence in defense, but the Investigating Officer presented a sworn statement which Appellant had asked him to present. At the end of the hearing, the Examiner rendered a decision in which he concluded that the charge and specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of seven months plus six months on eighteen months' probation.Appeal No. 1764Suspension and Revocation Appeals Authority5/16/19695/16/196912/27/2017
Suspension and Revocation Appeals Authority1765 - GILLENBy order dated 3 October 1968, an Examiner of the United States Coast Guard at New York, New York, suspended Appellant's seaman's documents for six months on eighteen months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as operator of M/V CAPT. GILLEN under authority of the license above captioned, Appellant: (1) from 10 through 18 August 1968, both dates included, and from 20 through 27 August 1968, both dates included, wrongfully operated the vessel by carrying more than six passengers, without the vessel's having a valid certificate of inspection, and (2) on 28 August 1968, willfully operated the vessel with more than six passengers aboard without the vessel's having a valid certificate of inspection. 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 one witness and one document. The Investigating Officer and Counsel joined in entering nine stipulations on the record. Appellant offered in evidence two documents. The Examiner entered in evidence a pre-hearing memorandum filed by Appellant. At the end of the hearing, the Examiner rendered a written 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 six months on eighteen months' probation.Appeal No. 1765Suspension and Revocation Appeals Authority5/16/19695/16/196912/27/2017
Suspension and Revocation Appeals Authority1712 - KELLYBy order dated 19 January 1968, an Examiner of the United States Coast Guard at Long Beach, Cal. suspended Appellant's seaman's documents for nine months on eighteen months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as an AB seaman on board SS SEATRAIN NEW JERSEY under authority of the document above described, on or about 30 November 1967, Appellant wrongfully failed to perform his assigned duties between 0800 and 1700 at Vungtau, Vietnam, and, on 26 December 1967, wrongfully failed to join the vessel on its departure from Yokohama, Japan. 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 in evidence certain voyage records of SEATRAIN NEW JERSEY. In defense, Appellant offered evidence in extenuation. 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 order suspending all documents issued to Appellant for a period of nine months plus nine months on eighteen months' probation.Appeal No. 1712Suspension and Revocation Appeals Authority7/3/19687/3/196812/27/2017
Suspension and Revocation Appeals Authority1713 - DERRICKBy order dated 11 December 1967, an examiner of the United States Coast Guard at Long Beach, Calif., 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 an oiler on board SS GOPHER STATE under authority of the document above described, on or about 3 December 1967, Appellant: (1) wrongfully assaulted and battered the master of the vessel, and (2) wrongfully disobeyed a direct order of the master. At the hearing, Appellant failed to appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of GOPHER STATE. Since Appellant did not appear, there was no defense. At the end of the hearing, the Examiner rendered an oral decision in which he concluded that the charge and two specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for period of twelve months outright plus twelve months on twelve months' probation.Appeal No. 1713Suspension and Revocation Appeals Authority7/8/19687/8/196812/27/2017
Suspension and Revocation Appeals Authority1714 - STORMERBy order dated 3 March 1967, an Examiner of the United States Coast Guard at San Francisco, Cal., suspended Appellant's seaman's documents for two months on twelve 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 ANNISTON VICTORY under authority of the document above described, on or about 21 November 1966, Appellant wrongfully absented himself from the vessel and his duties at Subic Bay, P. R., and on 22 November 1966, at sea, wrongfully failed to perform his assigned duties. The first specification, as found proved by the Examiner, was limited to failure to perform duties after 1345, with no finding that Appellant was, during the period of non-performance of duty, actually absent from the vessel. 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 voyage records of ANNISTON VICTORY and the testimony of the Chief Engineer. In defense, Appellant offered in evidence his own testimony, and that of the other wiper aboard the vessel. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and two specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of two months on twelve months' probation.Appeal No. 1714Suspension and Revocation Appeals Authority7/8/19687/8/196812/27/2017
Suspension and Revocation Appeals Authority1715 - FREDERICKBy order dated 13 July 1967, an Examiner of the United States Coast Guard at New Orleans, La., suspended Appellant's seaman's documents for four months finding him guilty of misconduct. The specifications found proved allege that while serving as an oiler on board SS ROBIN TRENT under authority of the document Appellant: (1) on or about 4 and 5 April 1967 wrongfully absented himself from the vessel and his duties at a foreign port; (2) on or about 8 April 1967, wrongfully failed to perform duties at sea; and (3) on or about 26 April 1967, wrongfully failed to comply with a lawfully issued subpoena of a Coast Guard Officer at a domestic port. 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 in view of the pleas of guilty. In defense, Appellant offered no evidence, but gave an explanation as to why he failed to comply with the subpoena. 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 served a written order on Appellant suspending all documents issued to him for a period of four months.Appeal No. 1715Suspension and Revocation Appeals Authority12/27/2017
Suspension and Revocation Appeals Authority1716 - ROWELLBy order dated 25 August 1967, an Examiner of the United States Coast Guard at San Francisco, California suspended Appellant's seaman's documents for six months upon finding him guilty of negligence. The specification found proved alleges that while serving as Chief Engineer on board SS WHITTIER VICTORY under authority of the document and license above described, on or about 11 August 1966, Appellant failed to utilize all available means in an effort to minimize damage to the vessel's machinery, when salinity was evident within the vessel's condensate system, thereby causing the premature failure of the propulsion and auxiliary electrical plant. 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 two expert witnesses, the testimony of one engineer of the vessel who was present during most of the critical period aboard WHITTIER VICTORY, and certain documents. In defense, Appellant offered in evidence the testimony of the master of the vessel, his own testimony, and one document relative to boiler feed water analysis prior to the casualty. At the end of the hearing, the Examiner rendered a 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 six months.Appeal No. 1716Suspension and Revocation Appeals Authority7/12/19687/12/196812/27/2017
Suspension and Revocation Appeals Authority1717 - HUDIBURGHBy order dated 15 November 1967, an Examiner of the United States Coast Guard at Baltimore, Md. suspended Appellant's seaman's documents for three months on nine months' probation upon finding him guilty of misconduct. The specifications found proved allege what while serving as an AB seaman on board SS NANCY LYKES under authority of the document above described, Appellant: (1) on 20 September 1967, at Yokosuka, Japan, wrongfully failed to perform duties between 1300 and 1700 by reason of intoxication; (2) at the same time and place, wrongfully had liquor in his possession; (3) on 14 October 1967, at Yokosuka, wrongfully failed to turn to and perform duties in connection with securing the vessel for sea and unmooring because of intoxication; (4) at the same time and place wrongfully showed insubordination to the chief mate my calling him "mentally insane." At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of not guilty to the charge and each specification except the second to which he pleaded guilty. The Investigating Officer introduced in evidence voyage records of NANCY LYKES and the testimony of the chief mate. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written 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 three months on nine months' probation.Appeal No. 1717Suspension and Revocation Appeals Authority7/21/19687/21/196812/27/2017
Suspension and Revocation Appeals Authority1718 - BIRDBy order date 26 September 1967, an Examiner of the Unite States Coast Guard at Galveston, Texas, suspended Appellant's seaman's documents for three months on twelve months' probation upon finding him guilty of negligence. The specification found proved alleges that while serving as chief engineer on board SS LONE STAR STATE under authority of the document and license above described, on or about 22 May 1967, Appellant wrongfully permitted the starboard boiler to be operated without sufficient water, thereby causing damage to the boiler tubes, while the vessel was at Galveston, Texas. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence the testimony of four witnesses and a pertinent entry in the vessel's engine log. In defense, Appellant offered in evidence the testimony of two witnesses. After 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 three months on twelve months' probation.Appeal No. 1718Suspension and Revocation Appeals Authority7/17/19687/17/196812/27/2017
Suspension and Revocation Appeals Authority1719 - EVANSBy order dated 30 October 1967, an Examiner of the United States Coast Guard at Long Beach, Cal. suspended Appellant's seaman's documents for one month outright plus six months on twelve month's probation upon finding him guilty of misconduct. The specifications found proved alleged that while serving as a crew messman on board SS BRAZIL VICTORY under authority of the document above described, Appellant: (1) on or about 21 September 1967 at Saigon, S. Vietnam, wrongfully disobeyed a direct order to clean his assigned duty station; (2) on the same date wrongfully failed to perform his assigned duties from 1000 through the remainder of the day; (3) on or about 22 September 1967 wrongfully disobeyed a direct order of the master to clean his assigned duty spaces; (5) on or about 23 September 1967, at Newport, S. Vietnam, wrongfully failed to perform his duties; (6) on 24 September 1967, at Newport, S. Vietnam, wrongfully failed to perform duties from 0600 to 0710: and (7) on 22 September 1967, at Saigon, disobeyed a direct order of the master to put out a cigarette and stand while an Official Log Book entry was read to him. The fourth specification, which alleged that Appellant had disobeyed a direct order of the master to remain on board during normal working hours on 22 September 1967, at Saigon, was found "not proved." At the hearing, Appellant was represented by non-professional counsel. Appellant entered a plea of not guilty to the charge and the second, fifth and sixth specifications, and pleaded not guilty to the first, third, fourth, and seventh specifications.Appeal No. 1719Suspension and Revocation Appeals Authority7/26/19687/26/196812/27/2017
Suspension and Revocation Appeals Authority1720 - HOWELLBy order dated 31 July 1967, an Examiner of the United States Coast Guard at Mobile, Alabama, revoked Appellant's seaman's documents upon finding him guilty of incompetency. The specification found proved alleges that while serving as a fireman/watertender on board SS TEXACO MINNESOTA under authority of the document above described, on or about 15 December 1966, Appellant failed to possess the color sense required for a qualified member of the engine department by 46 CFR 12.15-5(b) and 46 CFR 10.02-5(e)(4), and that the deficiency existed at the time of hearing. At the hearing, Appellant elected to act his own counsel. Appellant entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence certain medical records and the testimony of a Public Health Service doctor. In defense, Appellant offered in evidence a written medical opinion and his own testimony. 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 revoking all documents issued to Appellant, but "with leave granted . . . to obtain, upon proper application a Merchant Mariner's Document endorsed in entry ratings. . ."Appeal No. 1720Suspension and Revocation Appeals Authority8/2/19688/2/196812/27/2017
Suspension and Revocation Appeals Authority1721 - CLIFTONBy order dated 2 March 1966, an Examiner of the United States Coast Guard at Houston, Texas, suspended Appellant's seaman's documents for six months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a fireman-watertender on board SS YORK under authority of the document above described, on or about 7 June 1965, Appellant assaulted and battered one Melvin Chandler, a fellow crewmember, by striking him with his fists, and on 20 June 1965 wrongfully failed to perform duties between 0000 and 0800 by reason of being under the influence of alcohol. 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 certain voyage records of YORK, the testimony of Chandler, depositions of three other witnesses, and, by stipulation with counsel, a handwritten statement of another witness. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written 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 six months.Appeal No. 1721Suspension and Revocation Appeals Authority8/16/19688/16/196812/27/2017
Suspension and Revocation Appeals Authority1722 - BLAIRBy order dated 14 November 1967, an Examiner of the United States Coast Guard at Houston, Texas, suspended Appellant's seaman's documents for two months outright plus four months on twelve months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving under authority of the document and license above described, Appellant: (1) as second mate, deserted SS AMERICAN HAWK at Osaka, Japan, on 7 June 1966, and (2) as second mate wrongfully failed to join SS HERMINA at Charleston, S.C., on 24 May 1967. At the hearing, Appellant elect 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 voyage records of AMERICAN HAWK and HERMINA. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written 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 two months outright plus four months on twelve months' probation.Appeal No. 1722Suspension and Revocation Appeals Authority9/13/19689/13/196812/27/2017
Suspension and Revocation Appeals Authority1723 - TOMPKINSBy order dated 30 March 1967, and Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for six months upon finding him guilty of misconduct. The specifications found proved allege that while serving as an oiler on board SS BEAVER VICTORY under authority of the document above described, Appellant: (1) on or about 31 December 1966, wrongfully failed to join the vessel at Yokohoma, Japan, and (2) on or about 29 and 30 January 1967, at Ving Tem, Viet Nam, and on 13 February 1967 at Yokohama, Japan, wrongfully failed to perform duties. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of BEAVER STATE. Since Appellant did not appear, there was no defense. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of six months.Appeal No. 1723Suspension and Revocation Appeals Authority9/23/19689/23/196812/27/2017
Suspension and Revocation Appeals Authority1724 - LEVYBy order dated 7 June 1967, and Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for six months upon finding him guilty of misconduct. The specification found proved alleges that while serving as a boatswain on board the SS DURANGO VICTORY under authority of the document above described, on or about 25 May 1967, Appellant wrongfully assaulted and battered the chief mate of the vessel. 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 the chief mate and of a second witness, one Manuel Batista, an ordinary seaman. In defense, Appellant offered in evidence the testimony of the chief engineer of the vessel, who was not an eyewitness to anything, and his own testimony. 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 six months.Appeal No. 1724Suspension and Revocation Appeals Authority9/24/19689/24/196812/27/2017
Suspension and Revocation Appeals Authority1725 - RIVERABy order dated 24 January 1968, an Examiner of the United States Coast Guard at New York, N. Y. suspended Appellant's seaman's documents for three months on nine months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as an able seaman on board SS EXECUTOR under authority of the document above captioned Appellant: (1) on or about 8 December 1967 wrongfully failed to report at a fire and boat drill; (2) on or about 13 December 1967, at Venice, Italy: (a) was wrongfully absent from the vessel, (b) failed to obey an order of the master not to leave the vessel, and, (c) wrongfully failed to join the vessel. 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 voyage records of EXECUTOR. 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 specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of three months on nine months' probation.Appeal No. 1725Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1726 - CARSONBy order dated 4 August 1967, an Examiner of the United States Coast Guard at Baltimore, Md., suspended Appellant's seaman's documents for six months outright plus nine months on twelve months' probation upon finding him guilty of misconduct. The specification found proved allege that while serving as a maintenance man on board SS AFRICAN STAR under authority of the document above captioned on or about 14 and 15 March 1967, Appellant wrongfully absented himself from the vessel at Kwajalein, Marshall Islands. 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 in evidence voyage records of AFRICAN STAR. 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 specifications 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 nine months on twelve months' probation.Appeal No. 1726Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1727 - ARNOLDBy order dated 1 February 1967, an Examiner of the United States Coast Guard at Charleston, S.C., suspended Appellant's seaman's documents for twelve months outright plus six months on eighteen months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as an AB Seaman on board SS AMERICAN REPORTER under authority of the document above described, Appellant: (1) on or about 16 December 1966 created a disturbance on board at Bremerhaven, Germany, because of intoxication; (2) on or about 22 December 1966, wrongfully absented himself from the vessel at Liverpool, England; (3) on or about 24 December 1966, wrongfully failed to perform duties at sea because of intoxication; (4) on or about 6 January 1967, wrongfully absented himself from the vessel at Antwerp, Belgium; (5) on or about 7 January 1967, wrongfully failed to perform duties while the vessel was in the Schelde River, Belgium; and (6) on or about 19 January 1967, wrongfully failed to join the vessel at Wilmington, N. C. At the hearing, Appellant failed to appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of AMERICAN REPORTER. No evidence was produced in defense.Appeal No. 1727Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1728 - WOOLSEYBy order dated 14 February 1968, an Examiner of the United States Coast Guard at Houston, Texas suspended Appellant's seaman's documents for six months upon finding him guilty of misconduct. The specification found proved alleges that while serving as an ordinary seaman on board SS HALAULA VICTORY under authority of the document above captioned, on or about 2 October 1966, Appellant deserted the vessel at Bremerhaven, Germany. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence voyage records of HALAULA VICTORY. 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 six months. The entire decision was served on 27 March 1968. Appeal was timely filed on 25 April 1968.Appeal No. 1728Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1729 - FELTONBy order dated 25 March 1968, an Examiner of the United States Coast Guard at Seattle, Washington, suspended Appellant's seaman's documents for four months plus six months on twelve months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as third mate on board SS BREEN MOUNTAIN STATE under authority of the document and license above captioned, Appellant: (1) on or about 2, 3, 8, and 9 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at sea; (2) on or about 5 and 6 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at Pusan, Korea; (3) on or about 23 and 24 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at Saigon, South Vietnam. At the hearing held on Portland, Ore., Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of GREEN MOUNTAIN STATE and the testimony of the chiefmate of the vessel. In defense, Appellant wrote a letter explaining why he had not appeared for hearing and urging reasons why the second and third specification should not be found proved. The Examiner made this letter an exhibit in evidence.Appeal No. 1729Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1730 - MORTANBy order dated 30 April 1968, an Examiner of the United States Coast Guard at Jacksonville, Fla., after a hearing held at Savannah, Ga., on 12 April 1968, suspended Appellant's seaman's documents for one month outright plus two months on eighteen months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as radio officer on board SS NORTHWESTERN VICTORY under authority of the document and license above captioned on or about 14 March 1968, Appellant wrongfully failed to obey a lawful order of the master to send a message by radio-telegraph while the vessel was at sea. 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 no evidence, in view of the plea of guilty. In defense, Appellant offered in evidence his own statement as to matters in extenuation. At the end of the hearing, the Examiner rendered a written 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 one month outright plus two months on eighteen months' probation.Appeal No. 1730Suspension and Revocation Appeals Authority10/18/196810/18/196812/27/2017
Suspension and Revocation Appeals Authority1731 - MILLSBy order dated 4 June 1968, an Examiner of the United States Coast Guard at New Orleans, La., suspended Appellant's seaman's documents for three month outright plus three months on twelve months' probation upon finding him guilty of misconduct. The specifications found proved alleges that while serving as an AB seaman on board the SS ELIZABETH LYKES under authority of the document license above captioned, Appellant: (1)/I/on or about 24 April 1968 wrongfully absented himself from the vessel from 1300 to 1700, at a foreign port; (2)/I/on or about 30 April 1968, wrongfully failed to stand a sea watch from 2000 to 2400, in a foreign port; and (3)/I/on or about 3 May 1968, wrongfully failed to stand his watch from 1800 to 2400 at a foreign port. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of ELIZABETH LYKES. There was no defense. At the end of the hearing, the Examiner rendered an oral decision in which he concluded that the charge and three specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of three months plus three months on twelve months' probation.Appeal No. 1731Suspension and Revocation Appeals Authority10/24/196810/24/196812/27/2017
Suspension and Revocation Appeals Authority1732 - FULTONBy order dated 20 May 1968, an Examiner of the United States Coast Guard at Seattle, Washington suspended Appellant's seaman's documents for four months on eight months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as chief steward on board SS PHILIPPINE MAIL under authority of the document above captioned on or about 1 March 1968, Appellant participated in loading on board the vessel, at Seattle, Washington, eleven television sets which were not manifested. 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 voyage records of PHILIPPINE MAIL and the testimony of the purser of the vessel. In defense, Appellant offered in evidence an unsworn statement R-23, 24. 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 four months on eight months' probation.Appeal No. 1732Suspension and Revocation Appeals Authority10/28/196810/28/196812/27/2017
Suspension and Revocation Appeals Authority1733 - BREKBy order dated 23 January 1968, an Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for four months upon finding him guilty of misconduct. The specification found proved alleges that while serving as second assistant Engineer on board SS CAPE SAN DIEGO under authority of the document and license above described, on or about 14 December 1967, Appellant wrongfully assaulted and battered one Peter Tusa, the radio officer, with a dangerous weapon, a knife the vessel was at sea. Appellant did not appear at the hearing. The Examiner entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence voyage records of CAPE SAN DIEGO and the testimony of two witnesses. No defense was offered. 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 four months.Appeal No. 1733Suspension and Revocation Appeals Authority10/28/196810/28/196812/27/2017
Suspension and Revocation Appeals Authority1734 - NEMECEKBy order dated 26 May 1967, an Examiner of the United States Coast Guard at San Francisco, Calif., suspended Appellant's seaman's documents for four months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a fireman/watertender on board SS SEATRAIN NEW JERSEY under authority of the document Appellant: (1) on or about 13 and 14 March 1967, at Cam Ranh, Vietnam, failed to perform duties by reason of intoxication. (2) on or about 23 March 1967, at sea, failed to perform duties; (3) on or about 23 March 1967, at sea, wrongfully had intoxicating liquor in his possession; (4) on or about 23 March 1967, at Nagoya, Japan, failed to perform assigned duties; (5) on or about 28 March 1967, at Yokohoma, Japan, failed to perform assigned duties; (6) on 4 April 1967, at Da Nang, Vietnam, failed to join the vessel; (7) on 6, 7, 8 and 9 April 1967 at Qui Nhon, Vietnam, failed to perform assigned duties; and (8) on 21 April 1967, at Vung Tau, Vietnam, wrongfully failed to perform duties. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of not guilty to the charge and each specification except the fifth to which he pleaded guilty.Appeal No. 1734Suspension and Revocation Appeals Authority11/6/196811/6/196812/27/2017
Suspension and Revocation Appeals Authority1735 - ROGANBy order dated 20 June 1967, an Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for three months on six 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 KINGS POINT under authority of the document above described, on or about 21 May 1967, Appellant, at Saigon, S. Vietnam: (1) wrongfully used foul and abusive language to the Chief engineer of the vessel, and (2) wrongfully created a disturbance on board the vessel. 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 introduce in evidence an entry form the Official Log Book of KINGS POINT and asked for a postponement until later that day to obtain the testimony of the Chief engineer who had been required to be aboard the ship for a "shift" on the morning of the hearing on 15 June 1967. The Examiner properly held that a prima facie case had been made out the voyage records and that the presence of the chief engineer might not be required. He then permitted the defense to be heard.Appeal No. 1735Suspension and Revocation Appeals Authority11/6/196811/6/196812/27/2017
Suspension and Revocation Appeals Authority1736 - CASTILLOBy order dated 29 December 1967, an Examiner of the United States Coast Guard at New York, N. Y. suspended Appellant's seaman's documents for three months plus three months on twelve months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as a fireman/watertender on board SS BRITAIN VICTORY under authority of the document above described, on or about 10 December 1966, Appellant wrongfully created a disturbance so as to require restraint by hand cuffing. 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 voyage records of BRITAIN VICTORY and the testimony of the master of the vessel. In defense, Appellant offered in evidence other voyage records of the vessel, his own testimony, and the testimony of three witnesses. 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 three months outright plus three months on twelve months' probation.Appeal No. 1736Suspension and Revocation Appeals Authority11/15/196811/15/196812/27/2017
Suspension and Revocation Appeals Authority1737 - HUMMELBy order dated 8 January 1968, and Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for four months upon finding him guilty of misconduct. The specifications found proved allege that while serving as able bodied seaman on board SS EAGLE VOYAGER under authority of the document above described, on or about 16 December 1967, Appellant: (1) at Guayanilla, Puerto Rico, wrongfully failed to perform his duties by reason of intoxication, and (2) at the same time and place, wrongfully had in his possession aboard the vessel intoxicating liquor. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of guilty to the charge and each specification. Despite the plea of "guilty," the Investigating Officer introduced in evidence voyage records of EAGLE VOYAGER. In defense, Appellant offered in evidence matters in extenuation and mitigation, while persisting in his plea of "guilty." At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specifications had been proved by plea. The Examiner then entered an order suspending all documents issued to Appellant for a period of four months.Appeal No. 1737Suspension and Revocation Appeals Authority11/15/196811/15/196812/27/2017
Suspension and Revocation Appeals Authority1738 - NEARYBy order dated 29 March 1968, an Examiner of the United States Coast Guard at Providence, R. I., suspended Appellant's seaman's documents for one month on six months' probation upon finding him guilty of negligence. The specification found proved alleges that while serving as pilot on board SS TEXACO MASSACHUSETTS under authority of the license above captioned on or about 13 February 1968, Appellant failed to determine the position of the vessel, thereby contributing to a grounding. 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 and reports filed in connection with the grounding of the ship. In defense, Appellant offered in evidence his own testimony and that of an expert witness. 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 on six months' probation.Appeal No. 1738Suspension and Revocation Appeals Authority11/15/196811/15/196812/27/2017
Suspension and Revocation Appeals Authority1690 - KOKINSBy order dated 30 March 1967, an Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's documents for five months upon finding him guilty of misconduct. The specifications found proved allege that while serving as an AB seaman on board the United States SS SANTA EMILIA under authority of the document above described,Appellant: (1) On 1 January 1967 wrongfully failed to join the vessel at Subic Bay, P.I.; (2) from 10 through 15 January 1967, at Sattahip, Thailand, wrongfully failed to perform his duties; and (3) from 16 through 18 January 1967, wrongfully failed to perform duties aboard the vessel by reason of intoxication. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigation Officer introduced in evidence voyage records of SANTA EMILIA. In defense, Appellant offered in evidence the testimony of a witness who missed the ship at the same time as he at Subic Bay, and a certificate of discharge. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specifications had been proved as stated above. The Examiner then entered an order suspending all documents, issued to Appellant, for a period of five months.Appeal No. 1690Suspension and Revocation Appeals Authority3/27/19683/27/196812/27/2017
Suspension and Revocation Appeals Authority1691 - GLOTZERBy order dated 29 March 1967, an Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for six months. The specification found proved alleges that while serving as an ordinary seaman on board the United States SS RIDGEFIELD VICTORY under authority of the document above described, on or about 12 January 1967, Appellant deserted his vessel at Bangkok, Thailand. 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 copies of voyage records of RIDGEFIELD VICTORY. In defense, Appellant offered in evidence his own testimony.Appeal No. 1691Suspension and Revocation Appeals Authority3/27/19683/27/196812/27/2017
Suspension and Revocation Appeals Authority1692 - SMITHBy order dated 8 June 1967, an Examiner of the United States Coast Guard at Houston, Texas, suspended Appellant's seaman 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 a deck utility on board the United States SS CHARLES LYKES under authority of the document above described, on or about 23 May 1967, Appellant pilfered ship's cargo (two cases of beer), at San Juan Puerto Rico. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of guilty to the charge and specification. In defense, Appellant offered evidence in mitigation. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification had been proved by plea. The Examiner then served a written order on Appellant suspending all documents issued to him for a period of one month outright plus two months on twelve months' probation.Appeal No. 1692Suspension and Revocation Appeals Authority3/27/19683/27/196812/27/2017
Suspension and Revocation Appeals Authority1693 - JOHNSONBy order dated 7 April 1967, an Examiner of the United States Coast Guard at New York, N. Y. suspended Appellant's seaman's documents for 2 months outright plus 2 months on 9 months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as a messman on board the United States SS U. S. BUILDER under authority of the document above described, Appellant: (1) On 20 January 1967, wrongfully created a disturbance aboard the vessel at Sattahip, Thailand, (2) at the same time and place, wrongfully possessed intoxicating liquor aboard the ship, (3) from 20 through 25 January 1967, wrongfully failed to perform duties at Sattahip, Thailand, and (4) on 12 March 1967, failed to perform duties at Nordenheim, Germany. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of U. S. BUILDER and the testimony of the chief mate ot the vessel. Since Appellant did not appear, there was no defense offered.Appeal No. 1693Suspension and Revocation Appeals Authority12/27/2017
Suspension and Revocation Appeals Authority1694 - KUNTZBy order dated 16 November 1966, an Examiner of the United States Coast Guard at Boston, Massachusetts, revoked Appellant's seaman's documents 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 CARROLL VICTORY under authority of the license above described, Appellant wrongfully failed to perform his duties on 3 December 1965, 5, 6, 8 and 16 January 1966; participated in a disturbance and wrongfully had possession of intoxicants on 2 December 1965; wrongfully caused ship's property to be destroyed on 5 January 1966; wrongfully engaged in a fight on 8 January 1966; and wrongfully deserted the vessel on 17 January 1966. At the hearing, Appellant was represented by counsel. Appellant entered a plea of not guilty to the charge and each specification.The Investigating Officer introduced in evidence log book entries and other documentary evidence relating to the charge, including deposition of the Chief Engineer, the Third Mate, and the Master, and the testimony of the Master. In defense, Appellant offered in evidence his own testimony, the stipulated testimony of the Second Assistant Engineer, and certain documents relating to the desertion specification.Appeal No. 1694Suspension and Revocation Appeals Authority4/1/19684/1/196812/27/2017
Suspension and Revocation Appeals Authority1695 - NEMECEKBy order date 26 January 1967, an Examiner of the United States Coast Guard at New Orleans, La., suspended Appellant's seaman's documents for two months, upon finding him guilty of misconduct. The specifications found proved allege that while serving as a fireman/watertender on board the United States SS WILD RANGER under authority of the document above described, Appellant: (1) on or about 27 October 1966, wrongfully failed to perform duties at Saigon, Vietnam, because of intoxication; (2) on or about 28 October 1966, wrongfully absented himself from the vessel and his duties at Saigon; and (3) from 4 through 8 November 1966, wrongfully failed to perform duties at Qui Nhon, Vietnam. 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 records of WILD RANGER. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and all specifications had been proved. The Examiner then served a written order on Appellant suspending all documents issued to him for two months.Appeal No. 1695Suspension and Revocation Appeals Authority4/1/19684/1/196812/27/2017
Suspension and Revocation Appeals Authority1696 - SCHANDLBy order dated 1 March 1967, an Examiner of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for 6 months on 12 months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as boatswain on board the United States SS PECOS under authority of the document above described, on or about 8 February 1967, Appellant assaulted and battered by beating with his fists a fellow crewmember, Gilbert RIEGEL, Ablebodied seaman. 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 the chief mate of the vessel. In defense, Appellant offered in evidence the testimony of three witnesses, and testified in his own behalf. 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 six months on twelve months' probation.Appeal No. 1696Suspension and Revocation Appeals Authority4/4/19684/4/196812/27/2017
Suspension and Revocation Appeals Authority1697 - CAMENOSBy order dated 14 December 1966, an Examiner of the United States Coast Guard at New York, New York, suspended Appellant's seaman's documents for six months upon finding him guilty of misconduct. The specifications found proved allege that while serving as Master on board the United States SS ALDINA under authority of the document and license above described Appellant: 1) on or about 7 November 1964 at Freeport, Bahamas, wrongfully ordered third mate Woycke to make a false entry of the draft on arrival in the deck log; 2) on the same date sailed the vessel from Freeport with the applicable load line unlawfully submerged; and 3) between 31 December 1964 and 25 March 1965, wrongfully operated the vessel with an expired certificate of inspection. 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 voyage records and inspection records of ALDINA, the vessel's load line certificate, and the testimony of certain witnesses.Appeal No. 1697Suspension and Revocation Appeals Authority4/9/19684/9/196812/27/2017
Suspension and Revocation Appeals Authority1698 - PETERSBy order dated 16 November 1966, an Examiner of the United States Coast Guard at Boston, Massachusetts revoked Appellant's seaman documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as a Second Assistant Engineer on board the United States SS CARROLL VICTORY, under authority of the license above described, on or about 2 December 1965, Appellant wrongfully had intoxicating liquor in his possession, wrongfully participated in a disturbance, wrongfully assaulted and battered another crewmember, and wrongfully failed to perform his duties; on or about 16 January 1966 wrongfully failed to perform his duties; and on or about 17 January 1966 wrongfully deserted the vessel. At the hearing, Appellant was represented by counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence logbook entries relating to the specifications alleged, the depositions of the Master and Third Mate, and the testimony of the Master. In defense, Appellant offered in evidence his own testimony, the testimony of the former Third Assistant Engineer, and certain documents relating primarily to the desertion specification. At the end of the hearing, the Examiner rendered an oral decision in which he concluded that the charge and before mentioned specifications had been proved. The Examiner then served a written order on Appellant revoking all documents issued to him.Appeal No. 1698Suspension and Revocation Appeals Authority4/8/19684/8/196812/27/2017
Suspension and Revocation Appeals Authority1699 - ODOMBy order dated 6 October 1967, an Examiner of the United States Coast Guard at Mobile, Alabama, suspended Appellant's seaman's documents for 6 months outright. The specification found proved alleges that while serving as a Second Mate on board the United States SS OCEANIC SPRAY, under authority of the license above described, on or about 11 October 1966, Appellant assaulted and battered a fellow crewmember. At the hearing, Appellant was represented by counsel. Appellant entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence pertinent entries from the Shipping Articles and the official logbook, the testimony of the alleged victim and another eyewitness, and the depositions of the Master, Chief Engineer, and Radio Operator. In defense, Appellant offered in evidence his own testimony and the testimony of the Third Mate. At the end of the hearing, the Examiner rendered and 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 6 months outright.Appeal No. 1699Suspension and Revocation Appeals Authority4/15/19684/15/196812/27/2017
Suspension and Revocation Appeals Authority1700 - MCGRAWBy order dated 27 February 1967, an Examiner of the United States Coast Guard at New Orleans, La., suspended Appellant's seaman's documents for three months, upon finding him guilty of misconduct and inattention to duty. The specifications found proved allege that while serving as Third Mate on board SS THUNDERHEAD under authority of the document and license above described, Appellant: (Under "Misconduct") (1) on or about 18 July 1966, at Bangkok, Thailand, wrongfully failed to perform his duties from 0800 to 1200 due to intoxicants; (2) on the same date, while the vessel was at sea, wrongfully failed to perform duties because of intoxication; (Under "Inattention to Duty") (1) On or about 29 August 1966, failed to keep a proper bell book while the vessel was in the Mississippi River. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charges and each specification. The Investigating Officer introduced in evidence the testimony of the master of the vessel, and certain voyage records. In defense, Appellant offered in evidence his own testimony. After the hearing, the Examiner rendered a written decision in which he concluded that the charges and four specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of three months.Appeal No. 1700Suspension and Revocation Appeals Authority12/27/2017
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