| Suspension and Revocation Appeals Authority | 1664 - TICER | By order dated 7 April 1966, an Examiner of the United
States
Coast Guard at Houston, Texas revoked Appellant's
seaman's
documents upon finding him guilty of misconduct.
The
specifications found proved allege that while serving as
boatswain
on board the United States SS WHITEHALL under authority of
the
document above described,
Appellant:
(1) on 7 January 1966, wrongfully absented himself
from
the vessel at Qui Nanh, Viet Nam; and on 3 February 1966; at
Naha,
Okinawa,
(2) assaulted and battered the chief
mate,
(3) failed to obey an order of the chief
mate,
(4) assaulted and battered the
master,
(5) incited the deck crew to refuse to obey
orders,
(6) created a disturbance by reason of
intoxication,
(7) failed to perform duties by reason of
intoxication;
and
(8) on 5 February 1966, at sea, had liquor in hispossession without
authority.
At the hearing, Appellant was represented by
professional
counsel. Appellant entered a plea of not guilty to the charge
and
each specification, except the eighth to which he pleaded
guilty. | Appeal No. 1664 | Suspension and Revocation Appeals Authority | 10/10/1967 | 10/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1665 - PASCOE | By order dated 16 March 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman
documents for six months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an able seaman on board the United States SS DICK LYKES
under authority of the document above described, on or about 26
October 1966, Appellant did wrongfully assault and batter a fellow
crewmember.
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 entries from
the ship's shipping articles and its official Logbook; the
testimony of the ship's master; a deposition taken from a
crewmember; and, by stipulation with Appellant, the written statements of two other crewmembers.
Appellant offered no evidence in his 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 served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months outright. | Appeal No. 1665 | Suspension and Revocation Appeals Authority | 10/23/1967 | 10/23/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1666 - WARD | By order dated 21 March 1967, and Examiner of the United
States Coast Guard at San Francisco, Calif., suspended Appellant's
seaman documents for 6 months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as Scullion on board the United States SS PRESIDENT
CLEVELAND under authority of the documents above described, on or
about 19 January 1967, Appellant wrongfully deserted the vessel
while it was in the port of Hong Kong.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
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 6
months outright. | Appeal No. 1666 | Suspension and Revocation Appeals Authority | 10/31/1967 | 10/31/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1667 - GAINES | By order dated 7 December 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman documents for six months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a night cook and baker on board the United States SS
ALCOA VOYAGER under authority of the document above described, on
or about 3 October 1966, while the vessel was at Ceylon, Appellant
did wrongfully address the Chief Steward with foul and abusive
language; did wrongfully assault the Chief Steward by brandishing
his fist and a knife in the direction of the Chief Steward; and did
wrongfully assault and batter the Chief Steward by pushing him.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered pleas of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence copies of entries from the ship's Shipping Articles and its Official Logbook
and the testimony of the Chief Steward, the Master, and the third
Cook.
Appellant offered no evidence in his 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 outright. | Appeal No. 1667 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1668 - HESSE | By order dated 14 April 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for one month outright plus three months on
twelve 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 FRONTENAC VICTORY under
authority of the document above described, on or about 17, 19, and
25 November 1966, at Sattahip, Thailand, and on or about 11
December 1966, at Manila, P.I., Appellant wrongfully failed to
perform his duties by reason 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 FRONTENAC VICTORY.
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 one month outright
plus three months on twelve months' probation. | Appeal No. 1668 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1669 - SHADE | By order dated 26 May 1967, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellant's
seaman documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
found proved alleges that while a holder of the document above
described, on or about 19 September 1963, Appellant was convicted
of a violation of Section 11715 of The Health and Safety Code, a
narcotic drug law of the State of California.
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 a copy of a
judgement of conviction.
In defense, Appellant offered matters 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. 1669 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1670 - MILLER | By order dated 29 November 1965, an Examiner of the United
States Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for two months upon finding him guilty of negligence.
The specifications found proved allege that while serving as a
pilot on board the United States SS SEATRAIN GEORGIA under
authority of the license above described, on or about 11 March
1965, Appellant, while his vessel was in the position of a burdened
vessel as to SS CANDY in New York Harbor:
(1) failed to take action to keep out of the way
of CANDY;
(2) crossed ahead of the privileged CANDY without
reasonable cause;
(3) failed to slacken speed, stop, or reverse; and
(4) failed to sound a danger signal when the
intentions of the other vessel were in doubt;
all contributing to a collision with CANDY.
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 master of CANDY, the pilot of CANDY, and the pilot of
another vessel, and the stipulated testimony of the chief officer
of GEORGIA.
In defense, Appellant offered in evidence his own testimony,
that of two other Sandy Hook pilots who were witnesses aboard other
ships, and that of an expert.
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
licenses issued to Appellant for a period of two months. | Appeal No. 1670 | Suspension and Revocation Appeals Authority | 11/24/1967 | 11/24/1967 | | 12/28/2017 |
| 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 | 1555 - WEBB | By order dated 8 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for 24 months' outright upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as an A.B. on board the United States SS FLYING GULL under
authority of the document above described, on or about 12 July
1965, Appellant did wrongfully assault and batter a fellow
crewmember, Andrew Menice, Boatswain, by striking him about the
right side and inflicting a puncture wound. Another specification
alleging wrongful possession of charez (a form of marijuana) was
found not proved.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1555 | Suspension and Revocation Appeals Authority | 5/23/1966 | 5/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1557 - PEREZ | By order dated 21 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for two months outright plus four months on
eight months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
refrigeration oiler on board the United States SS CONSTITUTION
under authority of the document above described, on or about 20
November 1965, Appellant assaulted and battered, by pushing, the
second assistant engineer and shortly thereafter also assaulted the
same person by shaking his fist at him in a threatening manner and
offering to inflict bodily harm.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1557 | Suspension and Revocation Appeals Authority | 5/27/1966 | 5/27/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1558 - SORRENTINO.PDF | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as third mate on board the United States SS NORBERTO CAPAY
under authority of the documents above described, on or about 16
September 1965, Appellant wrongfully failed to join the vessel at
Qui Nhon, Vitenam.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence four
documents. | Appeal No. 1558 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1559 - BETANCOURT | By order dated 25 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for three months outright on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a deck
maintenance man on board the United States SS AFRICAN METEOR, under
authority of the document above described, on or about 6 July 1965,
Appellant wrongfully assaulted a fellow crewmember, Alberto V.
Papa, with a knife--two other specifications of wrongful assault
were found not proved.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Alberto V. Papa, and Peter Estabrooks, the second assistant | Appeal No. 1559 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1560 - BROUSSARD | By order dated 17 February 1966, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's
seaman's documents for 12 months outright upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as an able bodied seaman on board the United States SS
MORMACGULF under authority of the document above described, or
about 29 August 1964, Appellant wrongfully sailed for a foreign
port without registering as a person who had been convicted of a
violation of the narcotic drug laws of the State of Texas; that on
or about 26 October 1965 Appellant wrongfully entered the United
States at Jacksonville, Florida, from Brazil without registering as
a person who had been convicted of a violation of the narcotic drug
laws of the State of Texas; that on 24 August 1964, while entitled
to hold Merchant Mariner's Document Z-364980 "R" Appellant
fraudently did apply for a duplicate merchant mariner's document in
that he did falsely deny that he had been convicted of a violation
of a narcotic drug law of the United States; and that on 17 September 1965, while entitled to hold Merchant Mariner's Document
Z-364980 "R", Appellant fraudulently did apply for a duplicate
merchant mariner's document in that he did falsely deny that he had
been convicted of a violation of a narcotic drug law of the United
States. | Appeal No. 1560 | Suspension and Revocation Appeals Authority | 6/3/1966 | 6/3/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1561 - CONKLIN | By order dated 13 December 1965, an Examiner of the United
States Coast Guard at New York, N. Y. revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as Third Mate
on board the United States SS HARBOR HILLS under authority of the
documents above described, on or about 25 September 1965,
Appellant:
(1) wrongfully engaged in acts of sexual perversion with a
member of the crew when the vessel was at Westport,
Oregon, and
(2) at the same time and place, used foul and abusive
language to the master of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses.
In defense, Appellant offered in evidence his own testimony,
and two letters of recommendation. | Appeal No. 1561 | Suspension and Revocation Appeals Authority | 6/7/1966 | 6/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1562 - FAULKNER | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for three months outright plus six months on
eighteen months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
third assistant engineer on board the United States SS IBERVILLE
under authority of the document and license above described,
Appellant
1. wrongfully failed to perform assigned duties on 25 and 26
December 1965, at Qui Nhon, Vietnam;
2. wrongfully failed to perform assigned duties on 28
January 1966, at Kunsan, Korea; and
3. on 25 December 1965, wrongfully threatened another
officer of the vessel, a third assistant engineer. | Appeal No. 1562 | Suspension and Revocation Appeals Authority | 6/13/1966 | 6/13/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1563 - RONDON | By order dated 25 January 1966, an Examiner of the United
States Coast Guard at New York, N. Y. revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a crew messman on board
the USNS TWINN FALLS under authority of the document above
described, on or about 6 March 1965, Appellant assaulted and
battered another crew member, Asuncion Quinones, by cutting him
with a knife.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Quinones and two other witnesses.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1563 | Suspension and Revocation Appeals Authority | 6/15/1966 | 6/15/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1564 - KEARNEY | By order dated 13 October 1965, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman documents for 3 months outright upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a third refrigeration engineer on board the United
States SS PRESIDENT MADISON under authority, of the document above
described, Appellant, during a voyage from 14 April 1965 to 13
August 1965, on 28 May 1965 wrongfully threatened the chief
engineer with bodily harm; that Appellant on 25 June 1965
wrongfully failed to perform his assigned duties during part of his
watch; that Appellant on 11 July 1965 operated a distillery for
alcoholic beverages in the reefer machine shop on board said
vessel; that on 12 August 1965 Appellant wrongfully assaulted the
chief officer; and that on 13 August 1965 Appellant wrongfully
assaulted the chief refrigeration engineer.
At the hearing, Appellant was represented by professional | Appeal No. 1564 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1565 - JEREMIC | By order dated 8 November 1965, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months outright finding him guilty of
negligence.The specifications found proved allege that while
serving as master on board the United States SS MANHATTAN under
authority of the license above described, on or about 16, 18, and
19 April 1964, Appellant allowed his vessel to be navigated with
draft "exceeding the maximum safe loading draft indicated by the
latest verbal and charted notices of the U. S. Army Corps of
Engineers," thereby contributing to grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence charts and
other documents, and the testimony of five witnesses. | Appeal No. 1565 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1566 - WHITE | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Seattle, Washington, ordered Appellant's
seaman documents revoked upon finding him guilty of the charge
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holder of the document above
described, on or about 11 January 1962, Appellant was convicted in
the United States District Court for the district of Oregon of
violation of narcotic drug laws of the United States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the judgement and commitment in the District Court
proceedings.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1566 | Suspension and Revocation Appeals Authority | | | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1567 - CASTRO | By order dated 31 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for six months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintenance man on board the
United States SS SANTA LUISA under authority of the document above
described, on or about 22 September 1965, Appellant wrongfully had
intoxicating liquor (nine bottles) in his possession at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and introduced six documents. | Appeal No. 1567 | Suspension and Revocation Appeals Authority | 7/1/1966 | 7/1/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1568 - GALLEGOS | By order dated 22 September 1965 an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seaman
documents for 12 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Able Seaman on board the United States SS DEL VALLE
under authority of the document above described, during the period
from 1 July 1965 to 9 September 1965, Appellant wrongfully absented
himself from his duties on or about 21 July 1965 and on or about 11
August 1965, while the vessel was in a foreign port; that on or
about 22 july 1965 while the vessel was in a foreign port Appellant
wrongfully failed to perform his duties by reason of intoxication;
that on or about 8 august 1965, while the vessel was underway in a
foreign harbor, Appellant wrongfully failed to perform duty as a
watchstander on wheel and lookout watches.
At the hearing, Appellant did not appear and was not
represented by counsel. A plea of not guilty to the charge and each specification was entered.
The Investigating Officer introduced in evidence certified
copies of log entries as to each offense charged.
No evidence was offered on behalf of the Appellant. | Appeal No. 1568 | Suspension and Revocation Appeals Authority | 7/7/1966 | 7/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1569 - BUNN | Pursuant to the order of the court, U. S. District Court for
the Southern District of New York, 20 August 1968, the Order in the
captioned case is RESCINDED. The finding and order of the
Examiner, dated at New York, N. Y., on 9 December 1965, are
VACATED, and the charges are DISMISSED. | Appeal No. 1569 | Suspension and Revocation Appeals Authority | 7/12/1966 | 7/12/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1570 - CANNELL & SINDA | By orders dated 27 May 1965, an Examiner of the United States
Coast Guard at Philadelphia, Pennsylvania, suspended Appellant
Cannell's license for two months on six months' probation, and
entered an admonition against Appellant Sinda upon finding them
guilty of negligence and inattention to duty respectively. The
specifications found proved against Appellant Cannell allege that
while serving as pilot on board the United States SS TEXACO
WISCONSIN under authority of the license above described, on or
about 7 August 1964, Appellant negligently failed to sound a danger
signal when his first two blast signal was not responded to by the
approaching SS STEEL MAKER, thereby contributing to a collision
with that vessel, and maneuvered the vessel for a port to port
passing in a situation which dictated a starboard to starboard passing. | Appeal No. 1570 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1571 - CONKLING | By order dated 26 November 1965, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for 6 months outright plus 6 months on 12
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
boatswain on board the United States SS GREEN POINT under authority
of the document above described, on or about 23 July 1965,
Appellant wrongfully made threats against, and assaulted and
battered, a fellow crewmember, one Carlos V. Contreras.
This hearing was held in joinder with one involving Carlos V.
Contreras, the alleged victim of Appellant's assault and battery.
Contreras was also charged with assault and battery upon Appellant.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1571 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1572 - BENGERT | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's seaman's
documents for 2 months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board the United States SS DEL MUNDO under authority of the
document above described, Appellant, on nine different dates
between 9 March and 29 March 1961, sometimes at sea and sometimes
in port, wrongfully failed to perform his duties. On three of
these dates, one time at sea, it is alleged that the failure was
due to intoxication.
At the hearing, Appellant elected to act as his own counsel.
appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence. | Appeal No. 1572 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1573 - ARBOLEDA | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, revoke Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Chef's
Utility board the United States SS MARIPOSA under authority of the
document above described, on or about 26 April 1965, Appellant
assaulted and battered with a dangerous weapon on John Scribner, a
crewmember, and assaulted and battered with his hands on James
Potts, a passenger, and one Loraine Alaimo, another crewmember, in
the port of Papeete, Tahiti.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the Official Log Book of MARIPOSA and the testimony of Scribner and Alaimo.
In defense, Appellant offered in evidence the testimony of
another crewmember and a copy of a sworn statement he had made to
a U. S. consul. | Appeal No. 1573 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1574 - STEPKINS | By order dated 28 March 1966, an Examiner of the United States
Coast Guard at San Diego, California, suspended Appellant's
seaman's documents for three months on six months' probation upon
finding him guilty of violation of a statute. The specification
found proved alleges that while serving as master on board the
United States MV AMERICAN BOY under authority of the documents
above described, on or about 19 January 1966, Appellant wrongfully
sailed from San Diego, California, on a fishing voyage without a
licensed mate aboard the vessel as required by Title 46 U. S. Code
224a.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer entered in evidence stipulations
made with Appellant and his counsel as to facts in the voyage of AMERICAN BOY.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
three months' probation. | Appeal No. 1574 | Suspension and Revocation Appeals Authority | 7/20/1966 | 7/20/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1553 - BARTON | By order dated 26 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 6 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as and A.B.
seaman on board the United States SS GIBBES LYKES under authority
of the document above described, Appellant
(1)wrongfully failed to perform dutiess on 26 August 1965,
from 1600 to 1900;
(2) wrongfully failed to join the vessel at 1900 on 26 August
1965, remaining so absent until 31 August 1965;
(3) wrongfully absented himself from the vessel from 1500 on
10 September to 1815 on 11 September, 1965; | Appeal No. 1553 | Suspension and Revocation Appeals Authority | 5/18/1966 | 5/18/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1554 - MCMURCHIE | By order dated 15 October 1965, an Examiner of the United
States Coast Guard at New York, New York, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
utilityman on board the United States SS SANTA LUISA under
authority of the document above described, on or about 15 and 16
March 1965, Appellant, at Kingston, St. Vincent,
1) wrongfully failed to perform duties at unmooring the vessel
by reason of intoxication;
2) wrongfully destroyed ship's property by throwing mooring
lines overboard;
3) wrongfully assaulted and battered the master of the vessel;
and 4) wrongfully used foul and abusive language to the master of
the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1554 | Suspension and Revocation Appeals Authority | 5/16/1966 | 5/16/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1523 - MICHAELS | By order dated 23 June 1965 at Seattle, Washington, an
Examiner of the United States Coast Guard, after conducting a
hearing at Portland, Oregon, revoked Appellant's document upon
finding him guilty of the charge of "conviction for a narcotic drug
law violation." The charge was proved by evidence that, on 16
September 1964, Appellant was convicted by the Circuit Court of the
State of Oregon for the County of Multnomah, a court of record, for
violating a narcotic drug law of the State of Oregon (illegal sale
of marijuana).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification at the beginnings of the hearing on 17 July 1964.
The Investigating Officer introduced evidence of an indictment
against Appellant for the unlawful sale of marijuana, and a jury
verdict finding Appellant guilty as charged in the indictment. The
Investigating Officer then rested. Counsel for Appellant moved to
dismiss the charges on the ground that there was no evidence of a
conviction since the court had not yet rendered judgement in the case. The Examiner agreed that the proceedings were premature but
denied the motion and adjourned the hearing until after the court
acted. | Appeal No. 1523 | Suspension and Revocation Appeals Authority | 6/23/1965 | 6/23/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1524 - PAUL | By order dated 7 July 1965, an Examiner of the United States
Coast Guard at New York, New York suspended Appellant's seaman documents for two months on nine months' probation upon finding her guilty of misconduct. The specification found proved alleges that while serving as a stewardess on board the United States SS ARGENTINA under authority of the document above described, on 13 May 1965, Appellant wrongfully created a disturbance.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several eyewitnesses to the incident. The only defense witness
was not present when the alleged offense occurred.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner entered the order of suspension
mentioned above. | Appeal No. 1524 | Suspension and Revocation Appeals Authority | 11/4/1965 | 11/4/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1525 - BRENAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 10 May 1965 at Seattle, Washington, an Examiner
of the United States Coast Guard, after conducting a hearing at
Portland, Oregon, revoked Appellant's document upon finding him
guilty of misconduct. The offenses alleged were proved by evidence
that while serving as a fireman-watertender on board the United
States SS OCEANIC SPRAY under authority of the document above
described, Appellant wrongfully failed to stand his watches on 24
and 25 December 1964 as well as on 21, 24 and 25 February 1965, and
9 March 1965, while the ship was at sea or in a foreign port.
Each offense is supported by a properly prepared entry in the
ship's official logbook. No other evidence was introduced by the
Investigating Officer and there was no evidence in defense since
Appellant was not present at the hearing.
On 15 April 1965, the foreign voyage was completed at Portland. On the morning of this date, Appellant was served with the charge and specification and ordered to appear for a hearing on 16 April. At this time, he voluntarily deposited his document with the Investigating Officer. Appellant was not present or represented when the hearing was convened on 16 April and nothing had been heard from him. The Examiner continued the case subject to call. | Appeal No. 1525 | Suspension and Revocation Appeals Authority | 11/12/1965 | 11/12/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1486 - KNUTSON | By order dated 26 May 1964, an Examiner of the United States
Coast Guard at Portland, Oregon, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The five
specifications found proved allege that while serving as an able
seaman on the United States SS WILDERNESS under authority of the
document above described, on 23 February 1964, Appellant wrongfully
failed to perform his duties as helmsman and wrongfully had
possession of alcoholic beverages on the ship; from 30 March
through 3 April 1964, Appellant wrongfully failed to perform his
assigned duties on 16 April 1964, Appellant created a disturbance
on board and deserted the ship.
At the original hearing, Appellant was not present or
represented by counsel. The hearing was conducted in absentia
after the Examiner entered pleas of not guilty to the charge and
each specification on behalf of Appellant. | Appeal No. 1468 | Suspension and Revocation Appeals Authority | 1/7/1965 | 1/7/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 2718 LEWIS | On April 11, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard revoked Merchant Mariner Credential of Respondent, Mr. Kevin Gerod Lewis,
upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The ALJ' s bench decision was followed by the issuance of a Decision and Order
(hereinafter "D&O") dated April 14, 2016.
The Coast Guard Complaint alleged that Respondent submitted to a non-DOT drug test
on June 26, 2015, and that the specimen he provided subsequently tested positive for the
presence of cocaine metabolites.
Respondent appeals. | Appeal No. 2718 | Suspension and Revocation Appeals Authority | 4/6/2018 | 4/6/2018 | | 4/16/2018 |
| Suspension and Revocation Appeals Authority | 2719 - VOELCKERS | By a Decision and Order (D&O) dated August 29,2016, an Administrative Law Judge (ALJ) of the United States Coast Guard suspended the Merchant Mariner Credential (MMC) of Mr. Neil Alan Voelckers, Respondent, for thirty days upon finding proved à single allegation of misconduct. The allegation found proved alleges that on multiple occasions from May 2013 to September 2015, while holding an MMC endorsed for service as a Master of Steam, Motor or Auxiliary Sail Vessels of not more than I00 gross registered tons, Respondent served as Master of the 198-gross-ton SEA RANGER, including when the SEA RANGER was moored in the Bay of Pillars carrying passengers for hire, in violation of 46 C.F.R. $ i 5.905(b). | Appeal No. 2719 | Suspension and Revocation Appeals Authority | 8/13/2018 | 8/13/2018 | | 11/7/2018 |
| Suspension and Revocation Appeals Authority | 2720 ARGAST | On July 7,2016, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard issued a Decision and Order (hereinafter "D&O") finding proved the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent, Mr. Daniel James Argast, and ordering the revocation of his Merchant Mariner Credential. The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically alleging that Respondent submitted to a drug test, and that the specimen he provided
tested positive for the presence of cocaine metabolites.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant
Mariner Credential issued to him by the United States Coast Guard. [D&O at 6]
Respondent has been employed as a "Civilian Mariner" employee of Military Sealift
Command (hereinafter "MSC"), an agency of the United States Navy, since August3,20l2.
lD&O at 6] MSC has a Memorandum of Agreement with the United States Coast Guard
whereby the Coast Guard recognizes that Civilian Mariners are subject to the Navy's Drug Free
V/orþlace Program. [Id.] The chemical drug testing procedures used by MSC differ from the
requirements of 46 C.F.R. Part 16 and the procedures set forth at 49 C.F.R.Part 40, which apply
to civilian merchant mariners in general. [1d.] Under the Memorandum of Agreement, MSC is
authorized to use alternative testing procedures. lld.l Consistent with this agreement, MSC
conducts its drug testing program under the technical guidelines for drug testing provided by the
Department of Health and Human Services (hereinafter "HHS"). [1d.] | Appeal No. 2720 | Suspension and Revocation Appeals Authority | 11/5/2018 | 11/5/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2721 TOWNSEND | On May 21,2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Dismissal rü/ith Prejudice, Order Denying Motion for Continuance, Order Disapproving Settlement Agreement (ALJ Orders), finding that the Coast Guard lacked jurisdiction to maintain its suspension and revocation action against the Merchant Mariner Credential (MMC) of Respondent James Townsend after the National Maritime Center denied
his request to renew his MMC, imposing a one-year assessment period from the date of Respondent's conviction for battery, and following the subsequent expiration of Respondent's
MMC.
The Coast Guard appeals.
I will grant the appeal because the ALJ erred in finding a lack ofjurisdiction.
BACKGROUND
Respondent was the holder of an MMC issued to him by the United States Coast Guard,
which had been renewed on April 18,2012. [ALJ Orders at 4r] Typically, an MMC is issued for
five years, and Respondent's MMC would have been expired on April 19,2017. [Tr. at l0-11]
In this case, Respondent's MMC expired on September 30,2017, because of a nation-wide
automatic extension applicable to all credentials expiring after December 1,2016. lld. at l0; Tr.
at l9; Coast Guard Complaint | Appeal No. 2721 | Suspension and Revocation Appeals Authority | 12/27/2018 | 12/27/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2722 - BADUA | FACTS & PROCEDURAL HISTORY
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by
the United States Coast Guard. On February 27,2018, Respondent took a required preemployment
drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent
tested positive for hydromorphone. Respondent maintains that the positive result was the result
of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018.
On April 30, 2018, the Coast Guard and Respondent entered into a Settlement Agreement, and
on May 7 , the Coast Guard filed a motion for approval of that agreement. On May 8, 2018, a
Coast Guard ALJ issued a Consent Order approving the terms of the Settlement Agreement. | Appeal No. 2722 | Suspension and Revocation Appeals Authority | 10/21/2019 | 10/21/2019 | | 11/5/2019 |
| Suspension and Revocation Appeals Authority | 2723 - BOUDREAUX | The Coast Guard Complaint charged Respondent with one allegation of misconduct. The complaint alleged that Respondent committed misconduct by violating the drug and alcohol policy of his maritime employer, in refusing to submit to company-mandated random alcohol testing on April 9, 2016. The D&O added, by amendment to conform to proof, violation of a Master's lawful order as an additional element of the charged misconduct, and found the charge proved, as to violation of both a company policy and a Master's order. The ordered sanction was a sixty-day suspension of Respondent's credential.
Respondent appeals.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard and was employed as an able seaman by OSG Ship Management (OSG), aboard the MN OVERSEAS LONG BEACH. [D&O at 3.] Respondent's service on the OVERSEAS LONG BEACH was under the authority of his credential. | Appeal No. 2723 | Organization: Suspension and Revocation Appeals Authority | 12/30/2019 | 12/30/2019 | | 2/18/2020 |