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Suspension and Revocation Appeals Authority1904 - JOHNSONBy order dated 23 July 1971, an Administrative Law Judge of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for three months outright upon finding him guilty of misconduct. The specifications found proved allege that while serving as an Ordinary Seaman on board the SS HANS ISBRANDTSEN under authority of the document above captioned, on or about 10 February 1969, Appellant, while the vessel was in the port of Singapore: (1) was wrongfully unable to perform his assigned duties by reason of intoxication; (2) did wrongfully urinate in the passageway outside the 4-8 Ordinary Seaman's forecastle; and (3) did wrongfully assault and batter with a dangerous weapon, to wit, a knife, a member of the crew. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of guilty to the charge and first specification and not guilty to the second and third specifications. The Investigating Officer introduced in evidence a Consular Report with attachments and depositions of the victim and six other crewmembers. In defense, Appellant offered in evidence his testimony, his military record, photographs of his room, a letter from his attorney to the Singapore Police, two letters written by Appellant and the receipt for a fine paid to the Singapore Police.Appeal No. 1904Suspension and Revocation Appeals Authority1/30/19731/30/197312/27/2017
Suspension and Revocation Appeals Authority1523 - MICHAELSBy 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. 1523Suspension and Revocation Appeals Authority6/23/19656/23/19653/1/2018
Suspension and Revocation Appeals Authority1958 - NORTONBy order dated 23 March 1972, an Administrative Law Judge of the United States Coast Guard at Long Beach, California suspended Appellant's license for 3 months outright plus 3 months on 9 months' probation upon finding him guilty of negligence. The specification found proved alleges that while serving as Operator on board the H-10 Water Taxi #21 under authority of the license above captioned, on or about 3 September 1971, Appellant did negligently operate said vessel in Los Angeles Harbor in such a manner as to endanger the life, limb and property of persons aboard a motor lifeboat from the M/S MARGARET JOHNSON, to wit, operated said vessel on such a course, at such speed and in such proximity to the lifeboat in an overtaking situation as to create, without justification, a hazardous condition. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification.Appeal No. 1958Suspension and Revocation Appeals Authority6/27/19736/27/197312/27/2017
Suspension and Revocation Appeals Authority1960 - SEEHORNBy order dated 23 March 1972, an Administrative Law Judge of the United States Coast Guard at Long Beach, California suspended Appellant's license for 6 months outright plus 6 months on 10 months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as Ocean Operator on board the H-10 Water Taxi #11 under authority of the license above captioned, on or about 3 September 1971, Appellant did wrongfully and intentionally operate said vessel in Los Angeles Harbor in such a manner as to endanger the life, limb and property of persons aboard a motor lifeboat from the M/S MARGARET JOHNSON, to wit, operated said vessel on such a course, at such speed and in such proximity to the lifeboat in an overtaking situation as to create, without justification, a hazardous condition. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence records of H-10 Water Taxi, live testimony of four witnesses and the deposition of a fifth witness. In defense, Appellant offered in evidence three diagrams and the live testimony of himself, his co-respondent and two other witnesses. At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and specification were proved. He entered an order suspending all documents issued to Appellant for a period of 6 months outright plus 6 months on 10 months' probation.Appeal No. 1960Suspension and Revocation Appeals Authority6/28/19736/28/197312/27/2017
Suspension and Revocation Appeals Authority1616 - BRADYBy order dated 24 August 1966, an Examiner of the United States Coast Guard at Seattle, Washington, suspended Appellant's seaman documents for four months on nine months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as Chief Engineer on board the United States SS TRUSTCO under authority of the license above described, on or about 21 August 1964, Appellant wrongfully assaulted and battered with his hands a fellow crew member, Second Mate Deimel, and wrongfully created a disturbance aboard said vessel. At the hearing, on 1 March 1966 and various subsequent dates, Appellant was represented by professional counsel. At the outset of the hearing, Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence a certification of shipping articles showing Appellant to be a member of the crew at the time alleged in the specification; certified copies of entries dated 21 August 1964 in the Official Log Book, including signed because of crew members; testimony of the master, and interrogatories and cross-interrogatories completed by witnesses. In defense, Appellant testified in his own behalf and denied that at any time he was the aggressor. 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 four months on nine months' probation.Appeal No. 1616Suspension and Revocation Appeals Authority5/17/19675/17/196712/28/2017
Suspension and Revocation Appeals Authority1725 - RIVERABy order dated 24 January 1968, an Examiner of the United States Coast Guard at New York, N. Y. suspended Appellant's seaman's documents for three months on nine months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as an able seaman on board SS EXECUTOR under authority of the document above captioned Appellant: (1) on or about 8 December 1967 wrongfully failed to report at a fire and boat drill; (2) on or about 13 December 1967, at Venice, Italy: (a) was wrongfully absent from the vessel, (b) failed to obey an order of the master not to leave the vessel, and, (c) wrongfully failed to join the vessel. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of EXECUTOR. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered an oral decision in which he concluded that the charge and specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of three months on nine months' probation.Appeal No. 1725Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1801 - HUNTERBy order dated 24 June 1969, and Examiner of the United States Coast Guard at New Orleans, Louisiana, suspended Appellant's seaman's document of four months upon finding him guilty of misconduct. The specification found proved allege that while serving as a Wiper on board SS SUE LYKES under authority of the document above captioned, Appellant: (1) On 14 April 1969, at a foreign port, wrongfully had intoxicating liquor in his possession; (2) on 24 April 1969, at a foreign port, wrongfully had intoxicating liquor in his possession; and (3) on 24 April 1969, at a foreign port, failed to perform duties because of intoxication. Appellant did not appear at the hearing. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of SUE LYKES. 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 document issued to Appellant for a period of four months.Appeal No. 1801Suspension and Revocation Appeals Authority6/26/19706/26/197012/27/2017
Suspension and Revocation Appeals Authority1955 - MILLSBy order dated 24 May 1972, an Administrative Law Judge of the United States Coast Guard at Seattle, Washington, revoked Appellant's seaman's documents upon findings him guilty of the charge of "conviction for a narcotic drug law violation." The specification found proved alleges that on 18 December 1967, Appellant now holder of the above captioned document was convicted by the United States District Court for the District of Arizona for violation of a narcotic drug law of the United States. 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 records of the U.S. District Court for the district of Arizona. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. The Administrative Law Judge then entered an order revoking all documents issued to Appellant.Appeal No. 1955Suspension and Revocation Appeals Authority6/27/19736/27/197312/27/2017
Suspension and Revocation Appeals Authority1628 - BOCHENSKIBy order dated 24 October 1966, an Examiner of the United States Coast Guard at Galveston, Texas, suspended Appellant's seaman documents for one month on six months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as a second cook and baker on board the United States SS RICHMOND under authority of the document above described, on or about 3 August 1966, Appellant wrongfully failed to turn to his regular assigned duties and did not work the entire day, and on or about 4 August 1966 Appellant wrongfully failed to turn to his regular assigned duties and did not work the entire day, while said vessel was in the port of Bombay, India. At the hearing on 14 October 1966, 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 Shipping Articles showing Appellant to be a member of the crew at the time alleged in the specifications and the Official Log Book of thevessel containing entries concerning the allegations of the two specifications. In defense, Appellant testified that he went ashore to make a complaint to the American Consul against the master and the chief steward because threats had been made against his life by members of the steward's department. The hearing was adjourned, on Examiner's motion, to locate the master and obtain his testimony. Subsequently, the Examiner decided to resolve the case on the record as presented on 14 October 1966 and rendered a written decision on 24 October 1966 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 Appellant, for a period of one month on six months' probation.Appeal No. 1628Suspension and Revocation Appeals Authority5/26/19675/26/196712/28/2017
Suspension and Revocation Appeals Authority1776 - REAGANBy order dated 24 October 1968, an Examiner of the United States Coast Guard at Cleveland, Ohio, revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as a watchman on board the SS COL. JAMES M. SCHOONMAKER under authority of the document above captioned, on or about 23 June 1968, while the vessel was underway on Lake Superior, Appellant: (1) assaulted the master of the vessel; (2) assaulted the Third Mate; (3) maliciously destroyed ship's property; and (4) disobeyed an order of the master by not going to his room. 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 six witnesses and voyage records of COL. JAMES M. SCHOONMAKER. In defense, Appellant offered in evidence his own testimony, and the statements of three other witnesses made before the hearing began. 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 revoking all documents issued to Appellant.Appeal No. 1776Suspension and Revocation Appeals Authority7/2/19697/2/196912/27/2017
Suspension and Revocation Appeals Authority1800 - PABLOBy order dated 24 October 1969, and Examiner of the United States Coast Guard at Mobile, Alabama, revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as an ordinary seaman on board SS NORTHERN STAR under authority of the document above captioned, Appellant: (1) on 11 September 1969, refused to obey an order of the second mate of the vessel to participate in a fire and boat drill; (2) on 28 September 1969, refused to obey an order of the second mate to take the gangway watch; (3) on 28 September 1969, assaulted and battered the master of the vessel by striking with his hands; (4) on 28 September 1969, used profane and threatening language to the master; and (5) on 28 September 1969, created a disturbance on the vessel by brandishing a fire axe in a dangerous manner. 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 NORTHERN STAR and the testimony of the master of the vessel. Since Appellant did not appear there was no evidence entered on his behalf.Appeal No. 1800Suspension and Revocation Appeals Authority7/16/19707/16/197012/27/2017
Suspension and Revocation Appeals Authority1763 - GONZALEZBy order dated 25 April 1968, an Examiner of the United States Coast Guard at New York, N. Y. suspended Appellant's seaman's documents for twelve months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a messman on board SS EXFORD under authority of the document above captioned, on or about 16 December 1967, at Seville, Spain, Appellant: (1) assaulted and battered the chief mate by slamming a door into his face; (2) wrongfully had intoxicating liquor in his possession aboard the vessel; (3) disobeyed a lawful order of the master to open his locker; and (4) assaulted and battered the master by striking him in the face. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of EXFORD, and the testimony of the master and the chief mate. In defense, Appellant offered in evidence the testimony of another crewmember and his own testimony. At the end of the hearing, the Examiner rendered a decision in which he concluded that the charge and four specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of twelve months.Appeal No. 1763Suspension and Revocation Appeals Authority5/19/19695/19/196912/27/2017
Suspension and Revocation Appeals Authority1786 - NICKELSBy order dated 25 April 1969, an Examiner of the United States Coast Guard at San Francisco, California, revoked Appellants seaman's documents upon finding him guilty of the charge of "conviction for a narcotic drug law violation." The specification as found proved alleges that Appellant was on 8 September 1967 convicted of a violation of Section 11556 of the Health and Safety Code, a narcotic drug law of the State of California, in the Superior Court in and for the City and County of San Francisco. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge specification. The Investigating Officer introduced evidence of Appellant's conviction on a plea of guilty In defense, Appellant offered evidence of later action by the Court. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification as amended had been proved. The Examiner then entered an order revoking all documents issued to Appellant.Appeal No. 1786Suspension and Revocation Appeals Authority4/9/19704/9/197012/27/2017
Suspension and Revocation Appeals Authority1658 - POULESBy 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. 1658Suspension and Revocation Appeals Authority9/20/19679/20/196712/28/2017
Suspension and Revocation Appeals Authority1716 - ROWELLBy order dated 25 August 1967, an Examiner of the United States Coast Guard at San Francisco, California suspended Appellant's seaman's documents for six months upon finding him guilty of negligence. The specification found proved alleges that while serving as Chief Engineer on board SS WHITTIER VICTORY under authority of the document and license above described, on or about 11 August 1966, Appellant failed to utilize all available means in an effort to minimize damage to the vessel's machinery, when salinity was evident within the vessel's condensate system, thereby causing the premature failure of the propulsion and auxiliary electrical plant. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence the testimony of two expert witnesses, the testimony of one engineer of the vessel who was present during most of the critical period aboard WHITTIER VICTORY, and certain documents. In defense, Appellant offered in evidence the testimony of the master of the vessel, his own testimony, and one document relative to boiler feed water analysis prior to the casualty. At the end of the hearing, the Examiner rendered a decision in which he concluded that the charge and specification had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of six months.Appeal No. 1716Suspension and Revocation Appeals Authority7/12/19687/12/196812/27/2017
Suspension and Revocation Appeals Authority1811 - TURNERBy order dated 25 August 1969, an Examiner of the United States Coast Guard at New York, New York, suspended Appellant's seaman's documents for one month outright plus two months on eight months' probation upon finding him guilty of misconduct. The specifications found proved alleged that while serving as an ordinary seaman on board SS MORMACBAY under authority of the document above captioned, Appellant: 1) on or about 7 July 1969, at sea, wrongfully and without permission had in his possession a dangerous weapon, a 410 gauge pistol-shotgun, manufacturer "Boito." 2) on or about 3 July 1969, at sea, used "wrongful" language to the chief mate by saying to him, "If any accident, such as a mashed hand or crushed finger, happens to me, you better curl up and die. That will happen." At the hearing, Appellant elected to act as his own counsel. specification. The Investigating Officer introduced in evidence the testimony of the chief mate and certain voyage records of MORMACBAY. In defense, Appellant offered in evidence his own testimony and a record he had made of an injury suffered aboard the vessel. 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 two months on eight months' probation.Appeal No. 1811Suspension and Revocation Appeals Authority8/20/19708/20/197012/27/2017
Suspension and Revocation Appeals Authority1563 - RONDONBy 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 testimonyAppeal No. 1563Suspension and Revocation Appeals Authority6/15/19666/15/19663/1/2018
Suspension and Revocation Appeals Authority1626 - MILLIKENBy order dated 25 January 1966, an Examiner of the United States Coast Guard at Tampa, Florida, 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 second mate on board the United States SS MARINE MERCHANT under authority of the license above described, on or about 10 January 1966, Appellant assaulted and battered a fellow crewmember. At the hearing, Appellant was represented by non-professional counsel. Appellant entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence the testimony of four witnesses to the incident. In defense, Appellant offered in evidence the testimony of one witness, and took the stand 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 ben proved. The Examiner then served a written order on Appellant suspending all documents issued to him for a period of six months on 12 months' probation.Appeal No. 1626Suspension and Revocation Appeals Authority5/26/19675/26/196712/28/2017
Suspension and Revocation Appeals Authority1673 - MATTEBy 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. 1673Suspension and Revocation Appeals Authority12/20/196712/20/196712/28/2017
Suspension and Revocation Appeals Authority1825 - PLEASANTBy order dated 25 June 1969, an Examiner of the United States Coast Guard at New York, N. Y., suspended Appellant's seaman's documents for six months plus six months on twelve months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as an oiler on board SS MORMACRIO under authority of the document above captioned, Appellant on 17 March 1969, assaulted and battered by beating with his fists the third assistant engineer, one Albert J. Renaud while the vessel was at sea. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of MORMACRIO and the testimony of two witnesses. In defense, Appellant offered in evidence his own testimony. 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 six months plus six months on twelve months' probation.Appeal No. 1825Suspension and Revocation Appeals Authority10/30/197010/30/197012/27/2017
Suspension and Revocation Appeals Authority1812 - VELAZQUEZBy order dated 25 June 1969, 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 night steward on board SS SANT NARIANA under authority of the document above captioned, Appellant: (1) on 30 August 1968, when the vessel was at Bonaventura, Chile assaulted a member of the crew, one Jack Beilenson, with a knife; (2) on 12 September 1968, when the vessel was at Cartagena, Columbia, assaulted by beating a member of the crew, one Salvador Amador; and (3) at the same time and place assaulted and battered Amador with a dangerous weapon 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 each specification. The Investigating Officer introduced in evidence the testimony of four witnesses and certain voyage records of SANTA MARIANA. In defense, Appellant offered in evidence his own testimony and that of two other witnesses.Appeal No. 1812Suspension and Revocation Appeals Authority8/25/19708/25/197012/27/2017
Suspension and Revocation Appeals Authority1729 - FELTONBy order dated 25 March 1968, an Examiner of the United States Coast Guard at Seattle, Washington, suspended Appellant's seaman's documents for four months plus six months on twelve months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as third mate on board SS BREEN MOUNTAIN STATE under authority of the document and license above captioned, Appellant: (1) on or about 2, 3, 8, and 9 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at sea; (2) on or about 5 and 6 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at Pusan, Korea; (3) on or about 23 and 24 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at Saigon, South Vietnam. At the hearing held on Portland, Ore., Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of GREEN MOUNTAIN STATE and the testimony of the chiefmate of the vessel. In defense, Appellant wrote a letter explaining why he had not appeared for hearing and urging reasons why the second and third specification should not be found proved. The Examiner made this letter an exhibit in evidence.Appeal No. 1729Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1968 - JOHNSONBy order dated 25 May 1972, an Administrative Law Judge of the United States Coast Guard at New York, New York suspended Appellant's license for one month outright plus two months on 12 months' probation upon finding him guilty of negligence. The specification found proved alleges that while serving as a Pilot on board the Tankship F. L. HAYES under authority of the license above captioned, on or about 3 January 1972 Appellant at about 1530 committed said vessel to an unsafe meeting situation with the M/V SHEILA MORAN and its tow thereby contributing to the grounding of said vessel on South Brothers Island, East River, New York. 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 Henry W. Goldhorn, Jr., a copy of the Tankship F. L. HAYES' Certificate of Inspection, and a chart of the East River. In defense, Appellant offered in evidence the testimony of himself and William Vals, Master of the F. L. HAYES. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. The Administrative Law Judge then served a written order on Appellant suspending his license for a period of one month outright plus two months on 12 months' probation. The entire decision was served on 26 May 1972. Appeal was timely filed on 31 May 1972.Appeal No. 1968Suspension and Revocation Appeals Authority6/21/19736/21/197312/27/2017
Suspension and Revocation Appeals Authority1672 - GUTIERREZBy 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. 1672Suspension and Revocation Appeals Authority12/20/196712/20/196712/28/2017
Suspension and Revocation Appeals Authority1559 - BETANCOURTBy 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 assistantAppeal No. 1559Suspension and Revocation Appeals Authority6/2/19666/2/19663/1/2018
Suspension and Revocation Appeals Authority1605 - ZIMMERBy order dated 26 April 1966, an Examiner of the United States Coast Guard at San Francisco, California, 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 deck maintenance man on board the United States SS GUAM BEAR under authority of the document above described, on or about 13 December 1965 Appellant used foul and abusive language toward and threatened the lives of two Customs officers engaged in the execution of their duties. A specification alleging that Appellant wrongfully brought into the United States certain merchandise without declaring it, and a specification alleging intimidation of U. S. Customs officers in the performance of their official duties were 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. The Investigating Officer introduced in evidence certified extracts from the Shipping Articles for the SS GUAM BEAR for the voyage commencing 29 October 1965 and 13 December 1965, on which Appellant was a crew member. The two Customs officers testified with respect to the incident giving rise to the charge and specifications. In defense, Appellant offered in evidence the testimony of a companion who stated that he did not hear the Customs officers say anything about the alleged threat. Appellant testified in his own behalf and admitted the use of profane language but stated he did not remember threatening the lives of the officers. 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. 1605Suspension and Revocation Appeals Authority5/4/19675/4/196712/28/2017
Suspension and Revocation Appeals Authority1819 - JOHNSONBy order dated 26 February 1969, an Examiner of the United States Coast Guard at San Francisco, California suspended Appellant's seaman's documents for two months plus four months on twelve months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as a an AB seaman on boar SS ANDREW JACKSON under authority of the document above captioned, Appellant: (1) on 19 November 1968, failed to perform his assigned duties at Cam Rahn Bay, RVN; (2) on 4 December 1968, failed to perform duties, was absent from the vessel without leave, and wrongfully had intoxicating liquor in his possession at Cam Rahn Bay, RVN; (3) on 11 December 1968, was absent from the vessel without leave, failed to perform duties because of intoxication, and used foul and abusive language to the chief mate, Manila, R.P.; (4) on 12 December 1968, failed to perform duties at Manila, R.P. 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 ANDREW JACKSON. There was no defense. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of two months plus four months' probation.Appeal No. 1819Suspension and Revocation Appeals Authority9/9/19709/9/197012/27/2017
Suspension and Revocation Appeals Authority1951 - GUTZMERBy order dated 26 February 1970, an Administrative Law Judge of the United States Coast Guard at San Francisco, California revoked Appellant's Seaman's documents upon finding him guilty of misconduct and incompetence. The specifications found proved allege that while serving as a Galleyman on board the SS PARISMINA under authority of the document above captioned, on or about 13 September 1968, while said vessel was at Cam Rahn Bay, R. V. N., Appellant: (1) did wrongfully assault a fellow crewman with a dangerous weapon, to wit, he approached the Steward's Utilityman in a passageway aboard said ship with a knife in his hand threatening to use said knife upon him (misconduct); (2) did wrongfully threaten such fellow crewmember aboard said vessel, to wit, he threatened to cut him with a knife and kill him (misconduct); (3) did wrongfully refuse to obey the order of the Master to go to his room (misconduct); (4) did assault a fellow crewmember aboard said vessel with a dangerous weapon, thereby demonstrating a propensity to endanger fellow crewmembers, rendering him incompetent to serve on U.S. merchant vessels (incompetence); and that while serving as a Messman on board the SS AMERICAN RELIANCE under authority of the document above captioned, on or about 22 December 1968, while said vessel was at Saigon, R. V. N., Appellant: (5) did wrongfully assault and batter a fellow crewmember with a dangerous weapon, to wit, he assaulted and struck Alan R. Foshee with a dogging wrench on board said vessel (misconduct); and (6) did assault and batter a fellow crewmember with a dangerous weapon aboard said vessel, thereby demonstrating a propensity to endanger fellow crewmembers, rendering him incompetent to serve on U. S. Merchant vessels. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charges and specifications, with the exception of (3) and (5) above to which he pleaded guilty.Appeal No. 1951Suspension and Revocation Appeals Authority6/18/19736/18/197312/27/2017
Suspension and Revocation Appeals Authority1933 - HERRINGBy order dated 26 February 1971, an Administrative Law Judge of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's licenses for three months outright upon finding him guilty of negligence. The specifications found proved allege that while serving as pilot on board the Japanese M/V SUWA MARU #37 under authority of the license above captioned, on or about 17 July 1969, Appellant: (1) negligently failed to navigate "said vessel" in a cautious and prudent manner "notwithstanding the presence of the M/V KOLO which was also being navigated outbound ahead of said vessel," and (2) negligently failed to maintain a proper lookout aboard SUWA MARU #37. 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 who were aboard KOLO. In defense, Appellant offered in evidence his own testimony.Appeal No. 1933Suspension and Revocation Appeals Authority6/15/19736/15/197312/27/2017
Suspension and Revocation Appeals Authority1868 - FRANKBy order dated 26 February 1971, an Examiner of the United States Coast Guard at New York, N.Y., suspended Appellant's seaman's documents for three months plus three months on twelve months' probation upon finding proved a charge of misconduct. The specifications found proved allege that while serving as a third officer on board SS SANTA MAGDALENA under authority of the document and license above captioned, on 3 November 1970, Appellant, when the vessel was at Guayaquil, Ecuador, (1) committed an assualt and battery on the Chief Officer, one John T. Russell, by offering to strike him with his fist, by grabbing his shirt lapel, and by kicking him about the body, and (2) wrongfully threatened 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 testimony of three witnesses and voyage records of SANTA MAGDALENA. In defense, Appellant offered in evidence his own testimony, voyage records of SANTA MAGDALENA, and medical records from the U.S. Public Health Service. 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 three months plus three months on twelve months' probation.Appeal No. 1868Suspension and Revocation Appeals Authority2/3/19722/3/197212/27/2017
Suspension and Revocation Appeals Authority1575 - HILLIKERBy 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. 1575Suspension and Revocation Appeals Authority8/3/19668/3/196612/28/2017
Suspension and Revocation Appeals Authority2152 - MAGIEBy order dated 26 January 1978, an Administrative Law Judge of the United States Coast Guard at Jacksonville, Florida, after a hearing at Tampa, Florida, on 16 August and 7 September 1977, suspended Appellant's license for a period of four(4) months on probation for eight(8) months upon finding him guilty of misconduct and negligence. The two specifications of the charge of misconduct found proved allege (1) that while serving as operator aboard M/V ALICE ST. PHILIP while pushing ahead the barge FAUSTINA, under authority of the captioned license, Appellant did, on or about 16 April 1977, while navigating aforesaid vessel in a narrow channel, fail to keep to that side of the fairway or midchannel which lies on the starboard side of the vessel, as required by Article 25 of the Inland Rules of the Road, thereby contributing to a collision between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay, Florida, and (2) in that Appellant, while serving as aforesaid, did when approaching SS LOUISIANA BRIMSTONE head and head, or nearly so, fail to pass said vessel properly on the port side, after signaling his intention to do so by one short blast of his whistle for a port-to-port passing as required by Article 18 of the Inland Rules of the Road, thereby contributing to a collision between his vessel and SS LOUISIANA BRIMSTONE in Tampa Bay, Florida. The two specifications of the charge of negligence found proved allege (1) that Appellant, while serving as aforesaid, did in a narrow channel, by failing to keep his vessel to that side of the fairway or midchannel which lies on the starboard of his vessel, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida, and (2) in that Appellant, while serving as aforesaid, did when approaching SS LOUISIANA BRIMSTONE end on or nearly so, by failing to pass said vessel properly on the port side, negligently collide with SS LOUISIANA BRIMSTONE in Tampa Bay, Florida.Appeal No. 2152Suspension and Revocation Appeals Authority4/19/19794/19/197912/21/2017
Suspension and Revocation Appeals Authority1748 - NICKERSONBy order dated 26 July 1967, 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 twelve months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as an AB seaman on board SS COLUMBIA VICTORY under authority of the document above captioned Appellant: (1) on or about 30 April 1967, at Southport, N. C., wrongfully failed to perform duties in securing the vessel for sea; (2) on or about 1 June 1967, at sea, wrongfully failed to perform duties by reason of intoxication; an (3) on or about 2 June 1967, at sea, wrongfully failed to stand a lookout watch because intoxication. 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 COLUMBIA VICTORY. There was no defense. 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 three months outright plus six months on twelve months' probation.Appeal No. 1748Suspension and Revocation Appeals Authority1/1/19691/1/196912/27/2017
Suspension and Revocation Appeals Authority1671 - DURDENBy 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. 1671Suspension and Revocation Appeals Authority12/20/196712/20/196712/28/2017
Suspension and Revocation Appeals Authority1940 - HUDDLESTONBy order dated 26 June 1972, an Administrative Law Judge of the United States Coast Guard at New Orleans, Louisiana, suspended Appellant's seaman's documents for three months outright upon finding him guilty of negligence. The specification found proved alleges that while serving as Night Engineer on board the SS STEEL ADVOCATE under authority of the license above captioned, on or about 17 June 1972, Appellant, while the vessel was in the port of New Orleans, Louisiana, wrongfully failed to properly supervise the engineering watch by permitting the boiler to be fired with insufficient water, thereby contributing to the cause of extensive damage to the port boiler. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence an extract from the vessel's engine room log book and the testimony of the Chief Engineer and the fireman/water-tender who was on watch at the time of the casualty. In defense, Appellant offered in evidence his own testimony. After the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. He entered an order suspending all document issued to appellant for a period of three months outright.Appeal No. 1940Suspension and Revocation Appeals Authority6/12/19736/12/197312/27/2017
Suspension and Revocation Appeals Authority1918 - STUARTBy order dated 26 March 1970, an Administrative Law Judge of the United States Coast Guard at New York, New York 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 Appellant, holder of the document above captioned, was on 19 March 1969 convicted by a court of record at Balboa, Canal Zone, for violation of a narcotic drug law of the zone, possession of marijuana. 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 records of the Magistrate's Court of Balboa, Canal Zone. In defense, Appellant offered no evidence. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. He then entered an order revoking all documents issued to Appellant.Appeal No. 1918Suspension and Revocation Appeals Authority3/30/19733/30/197312/27/2017
Suspension and Revocation Appeals Authority1486 - KNUTSONBy 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. 1468Suspension and Revocation Appeals Authority1/7/19651/7/19653/1/2018
Suspension and Revocation Appeals Authority1734 - NEMECEKBy order dated 26 May 1967, an Examiner of the United States Coast Guard at San Francisco, Calif., suspended Appellant's seaman's documents for four months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a fireman/watertender on board SS SEATRAIN NEW JERSEY under authority of the document Appellant: (1) on or about 13 and 14 March 1967, at Cam Ranh, Vietnam, failed to perform duties by reason of intoxication. (2) on or about 23 March 1967, at sea, failed to perform duties; (3) on or about 23 March 1967, at sea, wrongfully had intoxicating liquor in his possession; (4) on or about 23 March 1967, at Nagoya, Japan, failed to perform assigned duties; (5) on or about 28 March 1967, at Yokohoma, Japan, failed to perform assigned duties; (6) on 4 April 1967, at Da Nang, Vietnam, failed to join the vessel; (7) on 6, 7, 8 and 9 April 1967 at Qui Nhon, Vietnam, failed to perform assigned duties; and (8) on 21 April 1967, at Vung Tau, Vietnam, wrongfully failed to perform duties. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of not guilty to the charge and each specification except the fifth to which he pleaded guilty.Appeal No. 1734Suspension and Revocation Appeals Authority11/6/196811/6/196812/27/2017
Suspension and Revocation Appeals Authority1669 - SHADEBy 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. 1669Suspension and Revocation Appeals Authority11/8/196711/8/196712/28/2017
Suspension and Revocation Appeals Authority1865 - RAZZIBy order dated 26 May 1970, an Examiner of the United States Coast Guard at New York, N.Y., suspended Appellant's seaman's documents for four months outright plus 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 SS BIENVILLE under authority of the document and license above described, on or about 9 April 1970, Appellant wrongfully absented himself from the engine room and his duties from about 2000 to 2400 when the vessel was at Genoa, Italy, and that he wrongfully failed to join the vessel on 10 April 1970 at Genoa, Italy. At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduce in evidence voyage records of BIENVILLE. There was no defense. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of four months outright plus two months on twelve months' probation.Appeal No. 1865Suspension and Revocation Appeals Authority1/13/19721/13/197212/27/2017
Suspension and Revocation Appeals Authority1571 - CONKLINGBy 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. 1571Suspension and Revocation Appeals Authority7/19/19667/19/19663/1/2018
Suspension and Revocation Appeals Authority1553 - BARTONBy 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. 1553Suspension and Revocation Appeals Authority5/18/19665/18/19663/1/2018
Suspension and Revocation Appeals Authority1749 - TOMPKINSBy order dated 26 October 1966, an Examiner of the United States Coast Guard at Houston, Texas, suspended Appellant's seaman's documents for five months upon finding him guilty of misconduct. The specifications found proved allege that while serving as an oiler on board SS YELLOWSTONE under authority of the document above captioned, Appellant wrongfully failed to perform duties on 4, 5, 6, 7, 8 and 9 September 1966, at Split, Yugoslavia. At the appointed time and place for hearing, Appellant did not appear. The Examiner entered pleas of not guilty to the charge and all specifications. The Investigating Officer introduced into evidence voyage records of YELLOWSTONE. Since Appellant had by telephone asked the Investigating Officer for a change of venue from Corpus Christi to Houston, Texas, the Examiner granted a change and stay. Three days later, at Houston, the hearing continued. Appellant was still not in appearance but his previously named professional counsel was. No defense was offered but matters in mitigating were asserted. No reason was offered, or inquired about, for Appellant's failure to appear for hearing. After 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 five months. Two months of this period were ascribed to invocation of an earlier order, with violation of probation.Appeal No. 1749Suspension and Revocation Appeals Authority1/24/19691/24/196912/27/2017
Suspension and Revocation Appeals Authority1657 - SCOTTBy 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. 1657Suspension and Revocation Appeals Authority9/20/19679/20/196712/28/2017
Suspension and Revocation Appeals Authority1924 - MACDONALDBy order dated 26 October 1970, an Administrative Law Judge of the United States Coast Guard at New York, N.Y., suspended Appellant's seaman's documents for nine months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a fireman/watertender on board the SS TRANSPACIFIC under authority of the document above captioned, on or about 23, 24, 25, 26 and 27 May 1970, Appellant failed to perform duties by reason of intoxication at Manila, P.R. At the hearing, Appellant did not appear. The Administrative Law Judge entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of TRANSPACIFIC and a deposition of a witness. There was no defense. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specifications had been proved. The Administrative Law Judge then entered an order suspending all documents issued to Appellant for a period of nine months.Appeal No. 1924Suspension and Revocation Appeals Authority5/3/19735/3/197312/27/2017
Suspension and Revocation Appeals Authority1932 - KEATINGBy order dated 26 October 1971, an Administrative Law Judge of the United States Coast Guard at New Orleans, La., revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved alleges that while serving as a Fireman/Watertender on board the United States SS OVERSEAS EXPLORER under authority of the document above described, on or about 15 July 1970, Appellant did: (1) wrongfully fail to perform his assigned duties from 1600 to 2400 hours; (2) wrongfully absent himself from the vessel without permission; (3) wrongfully assault the Chief Officer, Norman Namenson; and (4) wrongfully assault and batter with a deadly weapon, to wit; a piece of steel rod, Radio Officer Billy G. Crawford, and did injure said 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 voyage records from the OVERSEAS EXPLORER, a steel rod, and the testimony of several witnesses. In defense, Appellant offered in evidence the testimony of a witness. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and each specification had been proved. The Administrative Law Judge then entered an order revoking all documents.Appeal No. 1932Suspension and Revocation Appeals Authority5/23/19735/23/197312/27/2017
Suspension and Revocation Appeals Authority1977 - HARMERBy order dated 26 October 1972, an Administrative Law Judge of the United States Coast Guard at Long Beach, California admonished Appellant upon finding him guilty of misconduct. The specification found proved alleges that while serving as an Ocean Operator on board the M/B REDONDO SPECIAL under authority of the license above described, on or about 18 September 1972, Appellant did wrongfully conduct himself in a manner unbecoming an Operator by discharging a dangerous weapon, a rifle, without warning, thereby frightening passengers aboard said vessel while the vessel was at sea. At the hearing, Appellant was represented by professional counsel and entered a plea of guilty to the charge and specification. At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and specification had been proved by plea. The Administrative Law Judge then entered an order admonishing Appellant.The entire decision was served on 13 November 1972. Appeal was timely filed on 6 December 1972.Appeal No. 1977Suspension and Revocation Appeals Authority7/12/19737/12/197312/27/2017
Suspension and Revocation Appeals Authority1969 - RIDDOCKBy order dated 27 April 1972, an Administarative Law Judge of the United States Coast Guard at New York, New York suspended Appellant's seaman's documents for six months outright plus six months on 18 months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as a Chief Cook on board the SS PINE TREE STATE under authority of the document above captioned, on or about 28 November 1971, Appellant, while said vessel was at sea, wrongfully assaulted a crewmember, Pablo Rosario, by holding a knife and telling him that he would stick it in his stomach. At the hearing Appellant elected to act as his own counsel and entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence certified extracts fron the voyage records of the SS PINE TREE STATE.Appeal No. 1969Suspension and Revocation Appeals Authority6/21/19736/21/197312/27/2017
Suspension and Revocation Appeals Authority1700 - MCGRAWBy order dated 27 February 1967, an Examiner of the United States Coast Guard at New Orleans, La., suspended Appellant's seaman's documents for three months, upon finding him guilty of misconduct and inattention to duty. The specifications found proved allege that while serving as Third Mate on board SS THUNDERHEAD under authority of the document and license above described, Appellant: (Under "Misconduct") (1) on or about 18 July 1966, at Bangkok, Thailand, wrongfully failed to perform his duties from 0800 to 1200 due to intoxicants; (2) on the same date, while the vessel was at sea, wrongfully failed to perform duties because of intoxication; (Under "Inattention to Duty") (1) On or about 29 August 1966, failed to keep a proper bell book while the vessel was in the Mississippi River. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charges and each specification. The Investigating Officer introduced in evidence the testimony of the master of the vessel, and certain voyage records. In defense, Appellant offered in evidence his own testimony. After the hearing, the Examiner rendered a written decision in which he concluded that the charges and four specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of three months.Appeal No. 1700Suspension and Revocation Appeals Authority12/27/2017
Suspension and Revocation Appeals Authority1805 - MEYERBy order dated 27 January 1969, an Examiner of the United States Coast Guard at Houston, Texas suspended Appellant's seamen's documents for three months on twelve months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as master of SS TAMARA GUILDEN under authority of the document and license above captioned, on or about 9 July 1967, Appellant, at Freeport, Grand Bahamas Island, wrongfully entered in the log book false draft and load line readings. 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 voyage records of TAMARA GUILDEN and computations based thereon, and the load line certificate. In defense, Appellant offered no evidence, but submitted to the Examiner, after the hearing had closed, certain letters which had no relevance to the charge found proved. 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 on twelve months' probation.Appeal No. 1805Suspension and Revocation Appeals Authority7/2/19707/2/197012/27/2017
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