| Suspension and Revocation Appeals Authority | 1701 - SNIDER | By order dated 7 July 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., 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 the holder of a duly issued Merchant Mariner's
Document, Appellant was convicted of a violation of section 11500
of the Health and Safety Code of the State of California, a
narcotic drug law, on or about 13 February 1959, in Superior Court
for the County of Contra Costa, State of California.
At the hearing, Appellant was represented by professional
counsel. Appellant constructively entered a plea of not guilty to
the charge and specification.
The Investigating Officer introduced in evidence a certified
copy of Appellant's parole status report and a certified copy of a
judgment, No. 6557, in the Superior Court for Contra Costa County, State of California, convicting Appellant of, among other things,
possession of narcotics in contravention of the California statute
described above.
Appellant offered no evidence in 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 revoking all
documents issued to Appellant. | Appeal No. 1701 | Suspension and Revocation Appeals Authority | 4/16/1968 | 4/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1702 - MOROS | By order dated 8 August 1967 an Examiner of the United States
Coast Guard at New Orleans, La. suspended Appellant's seaman's
documents for four months upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
steward utility on board SS DEL SUD under authority of the document
above described, on or about 31 May 1967, Appellant wrongfully
failed to perform his assigned duties.
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 offered no evidence with respect to
this specification.
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 four
months. | Appeal No. 1702 | Suspension and Revocation Appeals Authority | 4/16/1968 | 4/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1703 - GREENIDGE | By order dated 30 June 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman
documents for two months on six months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as oiler on board the United States SS ARGENTINA
under authority of the document above described, on or about 24
November 1966, Appellant twice disobeyed orders of the third
officer of the vessel, first, not to use a passenger gangway, and
second, not to use a passenger bus, at Bridgetown, Barbados.
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 ARGENTINA.
In defense, Appellant offered in evidence his own testimony
and that of a witness.
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 two months on six
months' probation. | Appeal No. 1703 | Suspension and Revocation Appeals Authority | 4/19/1968 | 4/19/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1704 - BRYANT | By order dated 14 April 1967, and Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman 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 Third Mate
on board the United States SS ANADARKO VICTORY under authority of
the document and license above described, on or about 4 April 1967,
Appellant assaulted and battered with his fists a fellow
crew-member, one Bartley M. Dyer.
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 the testimony
of the witness Bartley M. Dyer and voyage records of ANADARKO
VICTORY.
The Examiner introduced into evidence a letter relative to the
failure of Appellant to appear for hearing.
Since Appellant did not appear for hearing, there was 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 six months outright
plus six months on twelve months' probation. | Appeal No. 1704 | Suspension and Revocation Appeals Authority | 4/25/1968 | 4/25/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1705 - STOVALL | By order dated 17 May 1967, an Examiner of the United States
Coast Guard at Seattle, Washington, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board SS
SAN JUAN under authority of the document above described, on or
about 22 March 1966, Appellant wrongfully had marijuana in his
possession aboard the vessel.
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.
The entire decision was served in February 1968. Appeal was
timely filed in March 1968 and perfected on 12 June 1968. | Appeal No. 1705 | Suspension and Revocation Appeals Authority | 6/27/1968 | 6/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1706 - OWENS | By order dated 16 May 1967, an Examiner of the United States
Coast Guard at San Francisco, Cal., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board SS METAPAN under authority of the document above
described, Appellant:
(1) wrongfully, from 19 through 23 February 1967, failed to
perform duties at Qui Nhon, RVN:
(2) wrongfully failed to stand a watch at sea on 24 February
1967;
(3) wrongfully abandoned his watch, and the vessel, on 26
February 1967 at Saigon, RVN;
(4) wrongfully failed to perform duties on 27 and 28 February
1967 at Saigon;
(5) deserted the vessel at Saigon on 1 March 1967.
Additionally, it was found that while serving aboard SS
TRANSPACIFIC as an ordinary seaman Appellant wrongfully failed to
join the vessel at Vung Tau, RVN, on 31 March 1967.
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 METAPAN and TRANSPACIFIC, a record from the American
Consulate at Saigon, and a medical report. | Appeal No. 1706 | Suspension and Revocation Appeals Authority | 7/3/1968 | 7/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1707 - DAZEY | By order dated 21 December 1967, an Examiner of the United
States Coast Guard at Galveston, Texas, suspended Appellant's
seaman's documents for two months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as third mate on board SS COLUMBIA under authority of the
document and license above described, Appellant:
(1) on 12 October 1967 was wrongfully absent from the vessel
at Bomboy, India;
(2) at the same place, on 13 through 20 October 1967, was
wrongfully absent from the vessel;
(3) at the same place wrongfully failed to perform duties on
27 through 30 October 1967;
(4) at the same place, on 4 through 7 November 1967,
wrongfully failed to perform duties; and
(5) at the same place, on 4 through 7 November 1967, was
wrongfully absent from the vessel.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification found proved.
The Investigating Officer introduced no evidence in view of
the guilty plea.
In defense, Appellant offered in evidence, in mitigation, the
character evidence of the master of COLUMBIA to the effect that
Appellant's conduct and performance were good at sea. | Appeal No. 1707 | Suspension and Revocation Appeals Authority | 6/27/1968 | 6/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1708 - WILBY | By order dated 1 December 1967, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright plus six months on
eighteen months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while acting under the
authority of the document above described, on or about 30 November
1967, Appellant wrongfully created a disturbance in the
Certification Section of the Marine Inspection Office, Terminal
Island, California.
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 a clerk and a yeoman who had been present in the Marine
Inspection Office at the time of the alleged offense, and an application form which Appellant had filed.
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
two months outright plus six months on eighteen months' probation. | Appeal No. 1708 | Suspension and Revocation Appeals Authority | 5/22/1968 | 5/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1709 - SEISE | By order dated 31 May 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for three months on 12 months' probation upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a porter on board the United States SS ARGENTINA
under authority of the document above described, on or about 2
April 1965, Appellant wrongfully entered a passenger area.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
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 on 12 months' probation. | Appeal No. 1709 | Suspension and Revocation Appeals Authority | 5/22/1968 | 5/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1710 - WILLS | By order dated 14 November 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 specification found proved alleges that while
serving as a third mate on board SS NORMAN LYKES under authority of
the document and license above described, on or about 31 December
1967, Appellant wrongfully failed to perform his regularly assigned
watch duties from 2000 to 2400, at sea, because of intoxication.
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 voyage
records of SS NORMAN LYKES.
In defense, Appellant's counsel offered in evidence a
deposition taken from Appellant on written interrogatories.
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 two months. | Appeal No. 1710 | Suspension and Revocation Appeals Authority | 5/21/1968 | 5/21/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1711 - WILLIAMS | By order dated 1 May 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for three months outright plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a third
mate on board the United States SS CRISTOBAL under authority of the
document and license above described, on or about 1 March 1967,
Appellant wrongfully and illegally had in his possession an item of
ship's cargo, to wit, a Smith-Corona portable electric typewriter,
with the intent to deprive the owner of the property therein, when
the vessel was at Cristobal, C. Z.
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 certain voyage records of CRISTOBAL.
In defense, Appellant offered in evidence his own testimony,
that of several character witnesses, and commendatory written
statements, made over a period of years, of twenty four people.
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. 1711 | Suspension and Revocation Appeals Authority | 5/29/1968 | 5/29/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1682 - AGUEDA | By order dated 23 August 1967, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for nine months outright upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as a mess man on board the United States SS AMES VICTORY
under authority of the document above described, from 8 July 1967
through 19 July 1967, Appellant was absent from the vessel without
permission while the ship was at Sattatip, Thailand.
Appellant did not appear for hearing. The Examiner entered a
plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of AMES VICTORY.
At the end of the hearing, the Examiner rendered written
decision in which he concluded that the charge and specification has been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of nine months. | Appeal No. 1682 | Suspension and Revocation Appeals Authority | 3/14/1968 | 3/14/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1683 - SIPE | By order dated 3 February 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 12
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance man on board the United States SS HIGH POINT VICTORY
under authority of the document above described, on or about 22
December 1966, Appellant wrongfully destroyed a lock on a ship's
door with a fire axe, wrongfully failed to join, and deserted at
Yokohama, Japan.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and the
specifications alleging the breaking of the lock and the failure to
join, but not guilty to the desertion.
The Investigating Officer introduced in evidence voyage records of HIGH POINT VICTORY and the testimony of six witnesses.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a 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 outright
plus three months on twelve months' probation. | Appeal No. 1683 | Suspension and Revocation Appeals Authority | 3/14/1968 | 3/14/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1684 - KENNEDY | By order dated 22 June 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for six months outright plus three months on 12
months' probation upon findings him guilty of misconduct. The
specification found proved alleges that while serving as a night
cook and baker on board the United States SS LYNN VICTORY under
authority of the document above described, on or about 22 May 1967,
Appellant assaulted and battered with his fists the vessel's second
assistant engineer at Qui Nhon, South Vietnam.
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 the testimony
of two witnesses and certain voyage records of LYNN VICTORY.
Since Appellant did not appear, 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 six months outright
plus three months on 12 months' probation | Appeal No. 1684 | Suspension and Revocation Appeals Authority | 3/15/1968 | 3/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1685 - WIGREN | By order dated 5 April 1967, an Examiner of the United States
Coast Guard at Philadelphia, Pa., suspended Appellant's seaman's
documents for six 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 oiler
on board the United States SS U. S. EXPLORER under authority of the
document above described, Appellant:
(1) on or about 19 February 1967, at Manila, R. P., wrongfully
had liquor in his possession aboard the vessel,
(2) on or about 26, 27 and 28 February and 1 March 1967, at
Saigon, South Vietnam, wrongfully absented himself from the vessel
and his duties, and
(3) on or about 15 March 1967, at Aden, Arabia, was unable to
perform duties because of intoxication.
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 U. S. EXPLORER.
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 all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months outright plus six months on eighteen months' probation. | Appeal No. 1685 | Suspension and Revocation Appeals Authority | 3/15/1968 | 3/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1686 - ECHEVARRIA | By order dated 8 June 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for six months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a bedroom steward on
board the United States SS INDEPENDENCE under authority of the
document above described, on or about 11 March 1967, Appellant
assaulted and battered one Ira T. Lee by kicking and punching him
when the vessel was at Dakar, F.W.A.
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 INDEPENDENCE, the testimony of two persons, and medical reports on Ira T. Lee. The Examiner refused to grant the
Investigating Officer a delay to obtain another witness. When the
Investigating Officer stated that he was not resting his case the
Examiner said, "I will deem that you have rested".
In defense, Appellant then offered in evidence his own
testimony and statements made about him by other persons. These
statement were obtained by an unidentified "private investigator".
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 outright
plus four months on twelve months' probation. | Appeal No. 1686 | Suspension and Revocation Appeals Authority | 3/18/1968 | 3/18/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1687 - BAKER | By order dated 21 December 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
license for 12 months outright plus 6 months on 18 months'
probation upon finding him guilty of misconduct. At the same time
the Examiner suspended Appellant's Merchant Mariner Document for 12
months. The specifications found proved allege that while serving
as firts assistant engineer on board the United States SS HANS
ISBRANDTSEN under authority of the document and license above
described, on or about 20, 21, 22, and 23 November 1966 Appellant
wrongfully failed to stand watches while the vessel was in a
foreign port, and that on 22 November 1966 at a foreign port
Appellant disobeyed an order of the Master, by going ashore.
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 the testimony
of two witnesses and certain voyage records of HANS ISBRANDTSEN.
Since the proceeding was held in absentia, no defense was
offered.
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 12 months outright,
plus an additional 6 months on 18 months' probation with respect to
Appellant's license only. | Appeal No. 1687 | Suspension and Revocation Appeals Authority | 3/19/1968 | 3/19/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1688 - YOUNG | By order dated 2 August 1967, an Examiner of the United States
Coast Guard at San Francisco, California, 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 the document above
described, on 28 November 1956, Appellant was convicted in
Municipal Court for the City and county of San Francisco of
violation of 11721 of the Health and Safety Code of the State of
California.
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 documentary
proof that Appellant was in fact holder of the document in question
on the date alleged and that Appellant had been convicted as
alleged. Because of Appellant's absence, nothing was offered in
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 entered an order revoking all
documents issued to Appellant. | Appeal No. 1688 | Suspension and Revocation Appeals Authority | 3/19/1968 | 3/19/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1689 - PRIDGEN | By order dated 5 August 1966, an Examiner of the United States
Coast Guard at Boston, Mass. suspended Appellant's license for two
months upon finding him guilty of negligence. The specifications
found proved allege that while serving as master on board the
United States MV MAUMEE SUN under authority of the license above
described, on or about 23 November 1965, Appellant negligently
failed to maintain a proper lookout, and failed to navigate with
caution after hearing a danger signal from SS AMERICAN PILOT,
thereby contributing to a collision with that 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 testimony
previously taken from the pilot of AMERICAN PILOT, from the chief
engineer, and the helmsman of MAUMEE SUN, and from the Corps of
Engineers marine observer from WING'S NECK.
In defense, Appellant offered in evidence his own previously
taken testimony and that of certain live witnesses.
At the end of the hearing, the Examiner rendered decision in
which he concluded that the charge and two specifications had been
proved. The Examiner then entered an order suspending Appellant's
license for a period of two months. | Appeal No. 1689 | Suspension and Revocation Appeals Authority | 3/25/1968 | 3/25/1968 | | 12/27/2017 |
| 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 | 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 | 2717 - CHESBROUGH III | By a Decision and Order (hereinafter "D&O") dated July 26, 2016, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Richard Albert Chesbrough, the Respondent, upon finding proved two
specifications of misconduct and one specification of conviction of an offense that would preclude
issuance of a Coast Guard MMC.
The misconduct allegations found proved were those set forth in Allegation Number Two (making a false statement in a casualty investigation) and Allegation Number Three (attempting to
induce a witness to testify falsely in connection with a marine casualty) of the Complaint.
Allegation Number Six of the Complaint (conviction of an offense that would prevent the issuance
or renewal ofa MMC) was also found proved.
FACTS
At all relevant times, Respondent was the holder of a Merchant Mariner Credential issued
to him by the United States Coast Guard.
The MN WILLAMETTE QUEEN is a fiberglass-hulled stemwheeler constructed in 1990.
[D&O at 3; Tr. Vol. Ip. 22] WILLAMETTE QUEEN's length is 87 feet overall; its hull and
engine comprise 65 feet of that distance while the stemwheel and its protective girder make up the
remainder. [D&O at 3; Tr. Vol. I at 22, 30]. The vessel has a draft of three feet. [D&O at 3; Tr.
Vol. I at 25] | Appeal No. 2717 | Suspension and Revocation Appeals Authority | 12/27/2017 | 12/27/2017 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1671 - DURDEN | By order dated 26 July 1967, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one year upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a wiper on board the United States SS TRANSONTARIO under
authority of the document above described, on or about 23 June
1967, Appellant assaulted and battered with a dangerous weapon, a
knife, Glen G. Gill, the ship's radio officer.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer and Counsel presented to the
Examiner a stipulated "Agreement on Facts". The agreement included
a recommendation for a suspension of one year.
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 the stipulation. The Examiner then entered an
order suspending all documents issued to Appellant for a period of
one year. | Appeal No. 1671 | Suspension and Revocation Appeals Authority | 12/20/1967 | 12/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1672 - GUTIERREZ | By order dated 25 May, 1967, 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 holder of the document above described, on or
about 29 August 1966, Appellant was convicted of violation of 18
U.S.C. 1407 in the U.S. District Court, Southern District of Texas.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence copies of the
indictment and of the judgment of conviction.
In defense, Appellant offered in evidence matters in
mitigating.
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
revoking all documents issued to Appellant. | Appeal No. 1672 | Suspension and Revocation Appeals Authority | 12/20/1967 | 12/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1673 - MATTE | By order dated 25 January 1967, an Examiner of the United
States Coast Guard at Port Arthur, 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 holder of the document above
described, on or about 6 June 1963, Appellant was convicted of
possession of a narcotic drug in violation of a narcotic drug law
of the State of Texas, in the Criminal District Court of Jefferson
County, Texas.
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 certified
minutes of the conviction.
In defense, Appellant offered in evidence matter 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 entered an order
revoking all documents issued to Appellant. | Appeal No. 1673 | Suspension and Revocation Appeals Authority | 12/20/1967 | 12/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1674 - DOCKENDORF | By order dated 8 February 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as radio officer on board
the United States SS SANTA INES under authority of the document and
license above described, on or about 11 January 1967, Appellant
deserted the vessel at Honolulu, Hawaii.
Appellant failed to appear for hearing.
The Examiner entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence
voyage records of SANTA INES.
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. 1674 | Suspension and Revocation Appeals Authority | 12/27/1967 | 12/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1675 - SHELBY | By order dated 16 February 1967, 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 specification found proved alleges that while
serving as a messman aboard the United States SS MONTEREY under
authority of the document above described, on or about 27 May 1967,
at Auckland, New Zealand, Appellant had in his possession a
dangerous drug, Indian Hemp.
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 an
authenticated copy of an entry in the Criminal Record Book of the
Magistrate's Court of Auckland, New Zealand.
In defense, Appellant testified in his own behalf.
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 revoking all documents issued to Appellant. | Appeal No. 1675 | Suspension and Revocation Appeals Authority | 12/27/1967 | 12/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1676 - CALLAWAY | By order dated 31 January 1966, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
license for 2 months upon finding him guilty of negligence. The
specifications found proved alleged that while serving as master of
the United States SS SEATRAIN GEORGIA under authority of the
license above described, on or about 11 March 1965, Appellant
allowed his vessel to be navigated contrary to law in circumstances
under which it was the burdened vessel in a crossing situation in
New York Harbor with respect to SS CANDY.
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 several witnesses and several documents, including voyage
records.
In defense, Appellant offered in evidence his own testimony,
several documents, and transcripts of testimony of other witnesses
given in other proceedings.
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
Appellant's license for a period of two months. | Appeal No. 1676 | Suspension and Revocation Appeals Authority | 1/4/1968 | 1/4/1968 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1677 - CANJAR | By order dated 1 June 1967, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman's
documents upon finding him mentally incompetent for duty on
merchant vessels.
Two charges were initially preferred against Appellant. One
was of MISCONDUCT, this had four specifications. The first two
specifications alleged that while Appellant was serving as third
mate aboard SS AMERICAN SHIPPER he twice assaulted and battered the
second mate of the vessel at Hamburg, Germany, once with his fist
and once with a club, both on 22 August 1966. The other two
specifications alleged that while Appellant was serving as third
mate aboard SS CITY OF ALMA he did, on many occasions between 27 December 1965 and 12 January 1966, cause course changes of the vessel to be made, deviating from the prescribed courses, without permission of or notification to the master of the ship.
The other charge, of INCOMPETENCE, alleged that Appellant was, at the time of his service aboard CITY OF ALMA, unfit for service aboard merchant vessel because of mental incompetence and so remained to time of hearing.
At the hearing Appellant, although he had been advised of his
right to counsel three days earlier, appeared at first without
counsel and expressed a desire to obtain counsel. Six days later
Appellant appeared with professional counsel. This counsel
attempted to withdraw from the case before the day's proceedings
were completed, but Appellant consented to his continued
representation by the counsel. Pleas of not guilty to all charges
and specifications were entered. Two days later, before the first
witness was called, Appellant formally, on the record, disavowed
his counsel and elected to proceed on his own. | Appeal No. 1677 | Suspension and Revocation Appeals Authority | 1/18/1968 | 1/18/1968 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1678 - VANTESLAAR | By order dated 3 March 1967, an Examiner of the United States
Coast Guard at New York, N. Y., 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 third assistant engineer on board the
United States SS PONCE under authority of the document and license
above described, on or about 7 January 1966, Appellant assaulted
and battered, and used abusive language to, the Chief Engineer of
the vessel, at Houston, Texas.
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 two witnesses and a deposition of a third witness.
In defense, Appellant offered in evidence several documents,
photograph, and 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 two
months on twelve months' probation. | Appeal No. 1678 | Suspension and Revocation Appeals Authority | 1/29/1968 | 1/29/1968 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1679 - RODRIGUEZ | By order dated 28 April 1967, 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 bedroom
steward on board the United States SS UNITED STATES under authority
of the document above described, on or about 27 August 1966,
Appellant
(1) wrongfully molested an eleven year old female
passenger;
(2) wrongfully had in his possession a master key; and
(3) wrongfully, while off duty, entered a passenger area
without permission.
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 certain witnesses and voyage records of SS UNITED STATES.
In defense, Appellant placed in evidence the testimony of five
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 specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1679 | Suspension and Revocation Appeals Authority | 2/29/1968 | 2/29/1968 | | 12/28/2017 |
| 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 | 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 | 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 | 1643 - ALFONSO | By order dated 4 August 1966, 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 an A.B.
seaman on board the United States SS LAKEWOOD VICTORY under
authority of the document above described, Appellant on 1 and 2
June, 1966, at Suyon, Korea, and on 21, 22, and 23 June 1966, at
Bangkok, Thailand, wrongfully failed to perform his duties.
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 SS LAKEWOOD VICTORY touching on the matters in question.
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 3 months outright
plus 3 months on 6 months' probation.
The entire decision was served on 6 August 1966. Appeal was
timely filed on 23 August 1966. | Appeal No. 1643 | Suspension and Revocation Appeals Authority | 7/5/1967 | 7/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1645 - ATKINSON | By order dated 1 September 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for three months 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 PRESIDENT ADAMS under authority and license above
described, on or about 10 May 1966, Appellant, at San Francisco,
California,
(1) wrongfully failed to perform duties by reason of
intoxication;
(2) wrongfully failed to obey orders of the Chief Engineer to
turn to at duties, and to leave the ship; and
(3) wrongfully assaulted the first assistant engineer.
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 an official
log book entry and the testimony of the Chief and first assistant
engineers.
In defense, Appellant offered in evidence his own testimony
and documentary evidence.
At the end of the hearing, the Examiner rendered a written
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. | Appeal No. 1645 | Suspension and Revocation Appeals Authority | 7/6/1967 | 7/6/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1646 - WILLIAMS | By order dated 16 December 1966, an Examiner of the United States
Coast Guard at New York City, New York revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an Officer Bedroom
Steward on board the United States SS AFRICAN RAINBOW under
authority of the document above described, on or about May 10,
1966, Appellant assaulted and battered a crew member with a knife.
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 the testimony of
three crew members of the vessel.
In defense, Appellant offered in evidence a document relating to
his health, and testified on 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 served a written order on Appellant
revoking all documents issued to him. | Appeal No. 1646 | Suspension and Revocation Appeals Authority | 7/12/1967 | 7/12/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1647 - SCHWENK | By order dated 20 July 1966, an Examiner of the United States
Coast Guard at New York, New York revoked Appellant's seaman
documents upon finding him guilty of misconduct. The three
specifications found proved allege that while serving as an oiler
on board the United States SS METAPAN under authority of the
document above described, on or about 26 May 1966, Appellant
wrongfully created a disturbance by yelling and addressing foul and
abusive language to fellow crew member Alfred Mainieri while the
ship was at Belize, British Honduras; on or about 27 May 1966,
while the ship was at Puerto Barrios, Guatemala, Appellant
wrongfully threatened Mainieri with grave bodily harm; and later on
the same day, assaulted and battered Mainieri by grabbing and
pushing him.
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 entries in
the ship's Official Logbook and the testimony of three witnesses,
one of which was the alleged victim.
In defense, Appellant offered in evidence his own testimony
and two letters of commendation.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three
specifications had been proved. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1647 | Suspension and Revocation Appeals Authority | 7/13/1967 | 7/13/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1648 - GRACE | By order dated 28 April 1966, an Examiner of the United States
Coast Guard at New York suspended Appellant's seaman's documents
for 2 months outright plus 4 months on 8 months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a second electrician on board the
United States SS SANTA MARIANA under authority of the document
above described, on or about 29 January 1966, Appellant wrongfully
destroyed a dinner plate; used foul language to two stewards; and
created a disturbance in the messroom.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the specification alleging
use of foul and abusive language, and not guilty to the remaining
two charges. The Examiner later changed Appellant's plea of guilty
to not guilty.
The Investigating Officer introduced in evidence entries from the shipping articles and official logbook of the vessel, and
testimony of the two stewards involved.
Appellant offered no evidence on his behalf.
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 a
period of 2 months outright plus 4 months on 8 months' probation. | Appeal No. 1648 | Suspension and Revocation Appeals Authority | 7/27/1967 | 7/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1649 - HANSON | By order dated 2 September 1966, an Examiner of the United
States Coast Guard at Long Beach, Calif., suspended Appellant's
seaman's documents for three months outright plus three months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as second electrician on
board the United States SS MUHLENBERG VICTORY under authority of
the document above described, on or about 2 July 1966, Appellant
assaulted and battered with his fist a fellow crew member, one
Barry Raichlin, when the vessel was at St. Jacques, Vietnam.
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 witnesses and documentary evidence.
In defense, Appellant offered in evidence the testimony of a
witness and 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 outright plus three months on 12 months' probation. | Appeal No. 1649 | Suspension and Revocation Appeals Authority | 7/27/1967 | 7/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1650 - FOWLER | By order dated 6 July 1966, an Examiner of the United States
Coast Guard at San Francisco, Calif. suspended Appellant's seaman
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 a First
Assistant Engineer on board the United States SS BOWLING GREEN
under authority of the license above described; Appellant was
absent from his vessel without permission from 3 to 11 April 1966;
wrongfully failed to perform his duties on 11 and 26 April 1966;
wrongfully had in his possession a number of full rum bottles on 26
April 1966; and failed to join his vessel upon its departure from
Naha, Okinawa, on 27 May 1966.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the Shipping
Articles and Logbook of the vessel.
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 six months outright
plus six months on twelve months' probation. | Appeal No. 1650 | Suspension and Revocation Appeals Authority | 7/28/1967 | 7/28/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1652 - MACKENSWORTH | By order dated 19 July 1966, an Examiner of the United States Coast
Guard at Chicago, Illinois suspended Appellant's seaman's documents
for 6 months on 18 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 EXTAVIA under
authority of the document above described, on or about 26 June
1966, Appellant failed to perform his duty, battered the second
mate, and destroyed ship's property.
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 the testimony of
the second mate and the master, and the official log book of the
vessel.
In defense, Appellant offered in evidence the testimony of an Ordinary Seaman, and his own account of the events that evening.
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 served a written order on Appellant
suspending all documents issued to him for a period of 6 months on
18 months' probation. | Appeal No. 1652 | Suspension and Revocation Appeals Authority | 8/3/1967 | 8/3/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1653 - WIRICK | By order dated 14 November 1966, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's seaman
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 as an able
seaman on board the United States SS WOLVERINE STATE under
authority of the document above described, on or about 13 September
1966, while the ship was at Bremerhaven, Germany, Appellant
wrongfully failed to report aboard to shift the vessel; that on or
about 21 September 1966, while the ship was at Le Havre, France,
Appellant wrongfully failed to obey a lawful order of the Chief
Mate; that on or about the same date and while the vessel was at
the same place, Appellant wrongfully failed to perform his assigned
duties and left the vessel without permission.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and the second, third and fourth specification, but entered a plea of
guilty to the first specification.
The Investigating Officer introduced in evidence a copy of the
ship's shipping articles and certified copies of entries from the
ship's Official Logbook.
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 specifications
had been proved; the first specification by plea, and the others by
substantial evidence. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright plus months on twelve months' probation. | Appeal No. 1653 | Suspension and Revocation Appeals Authority | 8/4/1967 | 8/4/1967 | | 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 | 1655 - MCGRUDER | By order dated 12 August 1966, an Examiner of the United
States Coast Guard at New Orleans, Louisiana suspended Appellant's
seaman's documents for four months outright plus four months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
oiler on board the United States SS AMERICAN PLANTER under
authority of the document above described, in May, June, and July
1966, Appellant failed to perform his duties on eleven dates.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
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 served a written order
on Appellant suspending all documents issued to him for a period of four months outright plus four months on twelve months' probation.
The entire decision was served on 9 September 1966. Appeal
was timely filed on 9 September 1966. | Appeal No. 1655 | Suspension and Revocation Appeals Authority | 8/10/1967 | 8/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1656 - FONTANEZ | By order dated 22 November 1966, an Examiner of the United
States Coast Guard at New York, N.Y., suspended Appellant's seaman
documents for three months on twelve months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a passenger utility on board the United
States SS SANTA PAULA under authority of the document above
described, on or about 14 September 1966, Appellant, while ashore
in the port of La Guaira, Venezuela, did wrongfully assault and
battered Leon Joseph Loiseau, a fellow crewmember.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence an entry from
the ship's Logbook and the testimony of three witnesses one of
which was the alleged victim.
In defense, Appellant offered in evidence a statement of the
alleged victim made while aboard ship, and his own testimony and
that of another witness.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and one
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. 1656 | Suspension and Revocation Appeals Authority | 8/28/1967 | 8/28/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1657 - SCOTT | By order dated 26 October 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant seaman
documents for six months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an ordinary seaman on board the United States SS SHIRLEY
LYKES under authority of the document above described, on or about
12 August 1966, Appellant wrongfully assaulted and battered with
his fist Mr. Finley Burch, a fellow crewmember, while the vessel
was at sea.
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 entries from
the ship's shipping articles and from its Official Logbook, and the
testimony of four witnesses.
In defense, Appellant offered in evidence the written
statement of a fellow crewmember. It was admitted into the record
by stipulation of the parties.
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 outright. | Appeal No. 1657 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1658 - POULES | By order dated 25 August 1966, an Examiner of the United
States Coast Guard at San Francisco, California, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
ordinary seamen on board the United States SS LOYOLA VICTORY under
authority of the document above described, on or about 31 May 1966,
and 1 and 2 June 1966, Appellant wrongfully failed to perform his
regular assigned duties due, on 1 and 2 June 1966, to his having
been in a state of intoxication.
Appellant failed to appear at the hearing after having been
served with notice thereof and of the charge and specifications.
It was, therefore, conducted in absentia and the Examiner entered
a plea of not guilty in Appellant's behalf to the charge and each
specification.
The Investigating Officer introduced in evidence entries from the ship's Shipping Articles and Official Logbook.
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 revoking all
documents, issued to Appellant. | Appeal No. 1658 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1659 - WILSON | By order dated 14 December 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman 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 an able
seamen on board the United States SS SOLON TURMAN under authority
of the document above described. (1) on or about 9 November 1966,
while such vessel was at New Orleans, La., Appellant wrongfully
violated a Federal Statute by failing to declare dutiable
merchandise and attempted to take ashore such property without
fulfilling certain formalities required by the United States Bureau
of Customs; (2) on or about 9 November 1966, while such vessel was
at New Orleans, La., Appellant wrongfully violated a Federal
Statute by attempting to destroy evidence, which was in the process
of being seized; (3) on or about 2 November 1966, while such vessel
was at Houston, Texas, Appellant wrongfully had intoxicating liquor
aboard such vessel; and (4) on or about 9 November 1966, while suchvessel was at New Orleans, La., Appellant wrongfully had ships
cargo in his possession.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and the first,
second and fourth specifications. He entered a plea of guilty to
the third specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and the following exhibits:
(A) Five bottles of scotch
(B) One bottle of wine
(C) Remains of cardboard carton
(D) Copy of a portion of a Manifest and Freight List
indicating consignment of 50 cartons of wine
(E) Copy of a portion of Manifest and Freight List indicating
consignment of 150 cartons of whiskey
(F) Two delivery receipts indicating delivery of 49 cases of
the wine described in (D) above and of 149 cases of the
whiskey described in (E) above | Appeal No. 1659 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1660 - MCGRUDER | By order dated 19 January 1967, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's seaman
documents for 12 months outright plus 12 months on 18 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege: (1) that while serving as an
oiler on board the United States SS CHARLES LYKES under authority
of the document above described, on or about 30 and 31 October
1966, and 1 November 1966, Appellant did wrongfully absent himself
from the vessel while it was in the port of Manila, Republic of the
Philippines; (2) that Appellant, while serving as indicated above,
on or about 2 through 9 November 1966, between the hours of 0000
and 0800, did wrongfully absent himself from the vessel while it
was in the port of Manila, Republic of the Philippines; (3) that
Appellant, while serving as indicated above, on or about 15
November 1966, between the hours of 0000 and 0400, did wrongfully
fail to perform his assigned duties due to intoxication while the
vessel was in the port of Manila, Republic of the Philippines; (4)that Appellant, while serving as indicated above, on or about 23
and 24 November 1966, between the hours of 0000 and 0800, did
wrongfully absent himself from the vessel while it was in the port
of Saigon, Viet Nam; (5) that Appellant, while serving as indicated
above, on or about 28 and 29 November 1966, between the hours of
0000 and 0800, did wrongfully absent himself from the vessel while
it was in the port of Saigon, Viet Nam; (6) that Appellant while
serving as indicated above, on or about 3 and 4 December 1966,
between the hours of 0000 and 0800, did wrongfully absent himself
from the vessel while it was in the port of Saigon, Viet Nam; and
(7) that Appellant, while serving as indicated above, on or about
9 December 1966, between the hours of 0000 and 0800, did wrongfully
absent himself from the vessel while it was in the port of Saigon,
Viet Nam. | Appeal No. 1660 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |