| Suspension and Revocation Appeals Authority | 1681 - HENDRICKS | By order dated 27 July 1967, 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 18
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a
fireman/watertender on board the United States SS MANDERSON VICTORY
under authority of the document above described, on or about 8 and
9 June 1967, Appellant failed to stand four sea watches because of
intoxication while the vessel was at Honolulu, Hawaii.
Appellant did not appear for hearing. The Examiner entered a
plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of MANDERSON VICTORY.
At the end of the hearing, the Examiner rendered written decision in which concluded that the charge and specification had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months outright
plus six months on 18 months' probation.
The entire decision was served on 2 August 1967. Appeal was
timely filed on 17 August 1967. Although Appellant was furnished
a transcript of proceedings at his request, on 28 August 1967, no
further perfection of his Appeal was made beyond the original
notice. | Appeal No. 1681 | Suspension and Revocation Appeals Authority | 3/5/1968 | 3/5/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1613 - STEPHENS | By order dated 27 June 1966, an Examiner of the United States
Coast Guard at Jacksonville, Florida, suspended Appellant's seaman
documents for three months on eighteen months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a radio officer on board the United
States SS HERCULES VICTORY under authority of the license above
described, on or about 16 January 1965, Appellant was, by reason of
intoxication, unable to perform his regularly assigned duties.
Three additional specifications were found not proved.
The hearing in this matter was first convened on 10 June 1965.
Appellant was present and elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification, and the Government then asked for a continuance to
secure the depositions of witnesses. The hearing was reconvened on
25 October 1965 and on 11 January 1966 after notice to this person
charged, but he did not appear.
The Investigating Officer introduced in evidence the testimony
of the master and the chief mate with respect to the events giving
rise to the specification found proved. Appellant did not offer
any evidence in defense and did not testify in his own behalf.
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 served a written
order on Appellant suspending all documents issued to Appellant for
a period of three months outright plus three months on eighteen
months' probation. | Appeal No. 1613 | Suspension and Revocation Appeals Authority | 5/11/1967 | 5/11/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 2351 - EINSMANN | By order dated 27 June 1983, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida dismissed
without prejudice a charge of negligence supported by two
specifications and a charge of misconduct supported by one
specification which had been served on Appellant.
ISSUE
The appeal has been taken from the order of the Administrative
Law Judge. Appellant asks that the charges and specifications be
dismissed with prejudice.
APPEARANCE: Corlett, Killian, Hardeman, McIntosh, & Levi, P.A. by
David McIntosh
OPINION
The first question which must be answered is whether an event
has occurred which is subject to appeal. As set forth in detail
below, I conclude that it has not. | Appeal No. 2351 | Suspension and Revocation Appeals Authority | 5/15/1984 | 5/15/1984 | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 1648 - GRACE | By order dated 28 April 1966, an Examiner of the United States
Coast Guard at New York suspended Appellant's seaman's documents
for 2 months outright plus 4 months on 8 months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a second electrician on board the
United States SS SANTA MARIANA under authority of the document
above described, on or about 29 January 1966, Appellant wrongfully
destroyed a dinner plate; used foul language to two stewards; and
created a disturbance in the messroom.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the specification alleging
use of foul and abusive language, and not guilty to the remaining
two charges. The Examiner later changed Appellant's plea of guilty
to not guilty.
The Investigating Officer introduced in evidence entries from the shipping articles and official logbook of the vessel, and
testimony of the two stewards involved.
Appellant offered no evidence on his behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then served a written
order on Appellant suspending all documents issued to him for a
period of 2 months outright plus 4 months on 8 months' probation. | Appeal No. 1648 | Suspension and Revocation Appeals Authority | 7/27/1967 | 7/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1810 - HAUSER | By order dated 28 August 1969, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for six months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS DEL SUD under authority of the
document above captioned, Appellant:
1) was absent from the vessel and his duties without
authority at Abidhan, West [sic] Africa on 1 July 1969,
and
2) wrongfully left his station and his duties in the engine
room at sea on 16 August 1969.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification. At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1810 | Suspension and Revocation Appeals Authority | 8/20/1970 | 8/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1799 - POWE | By order dated 28 August 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
specification found proved alleges that while serving as a
cook/baker on board SS AUSTRALIAN GULF under authority of the
document above captioned, on or about 24 November 1968, Appellant
wrongfully had in his possession 66 Grams of marijuana while the
vessel was at Brooklyn, 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 two witnesses and a Customs laboratory report of analysis.
In defense, Appellant offered no evidence. | Appeal No. 1799 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1860 - MCGARRY | By order dated 28 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for eight months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS METAPAN under authority of the
document above captioned, Appellant:
(1) on 13 and 14 December 1968, failed to perform duties at
Yokohoma, Japan, and at sea;
(2) on 14 December 1968, at sea, did "wrongfully turn in
approximately 30 mins. past midnight on your 12-4 A.M.
watch at sea"; and
(3) on 14 December 1968, at sea, wrongfully had in his
possession a 40 oz. bottle containing 8 oz. of whiskey.
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 METAPAN and the testimony of one witness.
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 eight months. | Appeal No. 1860 | Suspension and Revocation Appeals Authority | 10/8/1971 | 10/8/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1950 - JOHNSON | By order dated 28 February 1972, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug violation." The
specification found proved alleges that on or about 10 January
1972, Appellant was convicted for violation of a narcotic drug law,
to wit, importing into the U.S. hashish in violation of 21 U.S.C.
960(a)(1), 952(a).
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 record of
conviction by Federal District Court for the Central District of
California.
In defense, Appellant offered in evidence his own testimony. 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. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him.
The entire decision was served on 29 February 1972. Appeal
was timely filed on 14 March 1972. | Appeal No. 1950 | Suspension and Revocation Appeals Authority | 6/19/1973 | 6/19/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1592 - BUFFINGTON | By order dated 28 January 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a deck utility on board the United States SS SAN
JOSE under authority of the document above described, on or about
15 December 1965, Appellant wrongfully refused to obey a lawful
order of the master to go aloft to assist in painting the foremast
of the vessel when the ship was at anchor in the mouth of the
Saigon Rive, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification, but readily admitted that he refused to obey the
order. He contested only the wrongfulness of the refusal.
The Investigating Officer was precluded from entering any evidence because Appellant had immediately assumed the burden of
proceeding by his admission.
In defense, Appellant offered in evidence his explanation of
why he had refused to obey the order. When the Investigating
Officer offered evidence in rebuttal, the Examiner declared that it
was not necessary in view of the testimony of Appellant.
At the end of the hearing, held on 18 January 1966, the
Examiner reserved decision. On 28 January 1966, the Examiner
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
suspending all documents issued to Appellant for a period of three
months. Service of decision was accomplished on 4 February 1966.
Appellant filed notice of appeal on 8 February 1966 and asked for
a transcript of proceedings. This was furnished to him on 16 March
1966. Subsequent correspondence has added nothing to the grounds
for appeal originally urged. | Appeal No. 1592 | Suspension and Revocation Appeals Authority | 12/8/1966 | 12/8/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1861 - WASKASKI | By order dated 28 January 1969, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for four months outright plus four months' on
twelve months'probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
fireman/watertender on board SS RUTGERS VICTORY under authority of
the document above captioned, Appellant:
(1) on 13 July 1968, at Subic Bay, P.R., failed to obey an
order of the chief engineer to go below and stand his
watch;
(2) on 19 July 1968, at "Jung Taw, R.V.N." [sic] failed to
stand his assigned watch from 1600 to 2400; and
(3) on 15 July 1968, at sea, failed to stand his assigned
watch from 0400 to 0800. 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 RUTGERS VICTORY and the deposition of a witness.
Appellant offered no evidence in defense since he did not appear
after the first session of the hearing although given adequate
notice.
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 four months on twelve months' probation. | Appeal No. 1861 | Suspension and Revocation Appeals Authority | 10/12/1971 | 10/12/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1916 - MCGOWAN | By order dated 28 January 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
plus three months on six months' probation upon finding him guilty
of misconduct. The specifications found proved alleges that while
serving as able seaman on board the United States SS GREEN LAKE
under authority of the document above captioned, on or about 17
October 1969, Appellant was wrongfully absent without leave on
numerous occasions, failed to perform on one occasion, and failed
to join vessel; all while in Okinawa.
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 the SS GREEN LAKE. There was no defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
fourteen specifications had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of three months outright plus three months on six months'
probation. | Appeal No. 1916 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1606 - RICHARDSON | By order dated 28 July 1966, an Examiner of the United States
Coast Guard at New Orleans, Louisiana suspended Appellant's seaman
documents for two months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an able Seaman on board the United States SS DOUGLASS
VICTORY under authority of the document above described, Appellant
was absent without leave on two dates, on or about 3 June 1966 and
20 June 1966, and failed to perform his duties on three dates, on
or about 11 July 1966, 12 July 1966 and 13 July 1966, the last two
of which were due to intoxication.
Since Appellant was not present or represented at the hearing,
the Examiner entered pleas of not guilty on behalf of Appellant and
conducted the hearing in absentia.
The Investigating Officer introduced in evidence certified
extracts from the Shipping Articles showing Appellant to be a member of the crew at the times alleged in the specifications, and
the Official Log of the vessel containing entries concerning the
allegations of the five specifications.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and five
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright. | Appeal No. 1606 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1973 - CRUZ | By order dated 28 June 1972, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler-Maintenance-Utility on board the SS
DELTA MEXICO under authority of the documents above described, on
or about 15 May 1972, Appellant did wrongfully assault and batter
the Third Assistant Engineer.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Ship's Log and other documentary
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 by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months outright.
The entire decision was served on 8 December 1972. Appeal was
timely filed on 26 December 1972. | Appeal No. 1973 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| 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 | 1762 - PECK | By order dated 28 May 1968, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for six months plus three months on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as radio officer on board
SS PRESIDENT TAFT under authority of the document and license above
captioned, on or about 26 August 1967, Appellant wrongfully
absented himself from the vessel, at Manila, Republic of the
Philippines, for approximately eight and one half hours beyond the
posted sailing time of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
In view of the grounds for appeal stated no recitation of the
presentation of evidence is needed. | Appeal No. 1762 | Suspension and Revocation Appeals Authority | 5/19/1969 | 5/19/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1948 - BONVILLIAN | By order dated 28 May 1971, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas suspended Appellant's
seaman documents for three months on twelve months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as Third Assistant Engineer on board SS
GREEN COVE under authority of the document and license above
captioned, Appellant on or about 13 September, 29 October, 1 and 2
November, 25, 26, 27, 28, 29, 30, and 30 (Date Line Day) November,
and 1, 2, and 3 December 1970, failed to perform his assigned
duties, and, on or about 29 October 1970, wrongfully had in his
quarters a quantity of liquor.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence voyage
records of GREEN COVE.
In defense, Appellant testified in his own behalf.
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. He then entered an order
suspending all documents issued to Appellant for a period of three
months on twelve months' probation. | Appeal No. 1948 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1817 - PUCKETT | By order dated 28 October 1968, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for three months plus three months
on twelve months' probation upon finding him guilty of misconduct.
The specification found proved allege that while serving as a
fireman/watertender on board SS ST AUGUSTINE VICTORY under
authority of the document above captioned, Appellant:
(1) on 23 September 1968, failed to perform duties because of
intoxication at Sattahip;
(2) on 24 and 25 September 1968, failed to perform duties
because of intoxication while at sea;
(3) on October 1968, failed to perform duties because of
intoxication while at sea; and (4) on 4 October 1968, failed to perform duties because of
intoxication while at sea; and
(5) on 5 and 6 October 1968, failed to perform duties because
of intoxication at Da Nang.
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 ST AUGUSTINE VICTORY and the testimony of the vessel's
chief engineer.
There was no defense. | Appeal No. 1817 | Suspension and Revocation Appeals Authority | 9/9/1970 | 9/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1922 - BEATON | By order dated 28 October 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months plus six
months on six months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an able seaman on board the SS TRANSERIE under authority
of the document above captioned, Appellant:
(1) on 24 June 1969 wrongfully failed to join the vessel at
Manila, P.R.;
(2) on 3 and 4 July 1969 wrongfully failed to perform duties
at Keelung, Taiwan; and
(3) on 17 August 1969, failed to perform duties both at Da
Nang, RVN, and at sea. 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 the SS TRANSERIE.
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. He then entered an order
suspending all documents issued to Appellant for a period of six
months plus six months on six months' probation. | Appeal No. 1922 | Suspension and Revocation Appeals Authority | 4/27/1973 | 4/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1972 - SIBLEY | By order dated 28 October 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California
suspended Appellant's seaman's documents for 3 months outright plus
5 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Bosun/AB on board the SS CHICAGO under authority of
the document above captioned, while the vessel was at sea,
Appellant:
(1) On 12 August 1970, wrongfully continued disobedience to
a lawful order;
(2) On 13 and 14 August 1970, wrongfully failed to perform
his duties due to intoxication and disobedience of a lawful
order; and
(3) On 15, 16, and 17 August 1970, wrongfully failed to perform his duties and disobeyed a lawful order.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence photostatic
copies of certain pages of the Official Logbook of the vessel.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and the above
specifications had been proved. He then entered an order
suspending all documents, issued to Appellant, for a period of 3
months outright plus 5 months on 12 month's probation.
The entire decision was served on 3 November 1971. Appeal was
timely filed on 2 June 1972. | Appeal No. 1972 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1966 - PETTER | By order dated 28 September 1972 at San Diego, California, and
amended on 25 October 1972 at Long Beach, California, an
Administrative Law Judge of the United States Coast Guard revoked
a fraudulently obtained endorsement on Appellant's license and
suspended said license for 12 months outright upon finding him
guilty of misconduct. The specifications found proved allege that,
while acting under the authority of the license above described
Appellant did:
(1) on or about 12 May 1971, knowingly, wrongfully and
fraudulently submit false evidence of device on certain waters in
applying for an extension of route on his existing license, to wit,
a letter dated 7 May 1971 from H & M Landing showing approximately
14 trips as a crew member; and
(2) on or about 4 May 1971, knowingly and wrongfully provided
fraudulent information for the purpose of extending the route on
the license of one of his employees, to wit, a letter dated 4 May 1971 stating that James Richard Hand had worked on Appellant's
vessel, BANDIDO, on certain waters on which Appellant knew or
should have known said employee had not in fact served.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced in evidence copies of
Appellant's license and two allegedly fraudulent letters and the
testimony of James R. Hand. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1594 - RODRIGUEZ | By order dated 29 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that while a holder of MMD Z-1000286 Appellant was, on or
about 23 November 1959, convicted of a violation of a narcotic drug
law of the State of Texas in Criminal District Court No. 5 of
Harris County, Texas.
Appellant was served with charges, as stated above, at San
Francisco, on 3 March 1966 and hearing was opened that date. It
appears that Appellant moved for a change of venue to Houston,
Texas, so that he could procure counsel of his choice. The motion
was granted. Hearing was reconvened in Houston on 18 March 1966,
and postponed until 28 April 1966, at which time Appellant was
represented by professional counsel. Appellant entered a plea of
guilty to the charge and specification.
Appellant testified in his own behalf, and offered evidence of
good conduct since his conviction.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1594 | Suspension and Revocation Appeals Authority | 12/13/1966 | 12/13/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1600 - CARRASQUILLO | By order dated 29 April 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman
documents for 9 months outright plus 9 months on 24 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board the
United States SS PIONEER MYTH under authority of the document above
described, on or about 4 February 1966, Appellant wrongfully
assaulted and battered a fellow crewmember with a fishing gaff on
board the vessel at San Fernando, Republic of the Philippines.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of several witnesses. In defense, Appellant offered in evidence his own testimony,
plus that of three other witnesses who testified as to prior acts
of the alleged victim of the alleged assault.
At the end of the hearing, the Examiner reserved decision, on
31 March 1966.
On 29 April 1966, the Examiner entered an order suspending all
documents issued to Appellant for a period of nine months outright
plus nine months on twenty-four months' probation. | Appeal No. 1600 | Suspension and Revocation Appeals Authority | 1/31/1966 | 1/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1680 - BEALS | By order dated 29 August 1967, an Examiner of the United
States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a radio officer on board the United States SS WILLAMETTE
VICTORY under authority of the document and license above
described, on or about 2 June 1967, Appellant wrongfully had
marijuana in his possession while the vessel was at Qui Nhon,
Vietnam.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses and an envelope containing a hand-folded packet which, in turn, contained a "brownish grassy looking
substance," identified on the record as marijuana. This real
evidence was delivered back to an employee of the Bureau of
Customs, and a written description was substituted in the record.
In defense, Appellant testified in his own behalf. | Appeal No. 1680 | Suspension and Revocation Appeals Authority | 2/29/1968 | 2/29/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1785 - ADDISON | By order dated 29 August 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended appellant's
seaman's documents for six months outright plus four months on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS LIMON under authority of the document above
captioned, Appellant on 23, 24, and 25 July 1969, at Bangkok,
Thailand, failed to perform his assigned duties.
At the hearing, Appellant elected to act as his own counsel.
A plea of not guilty was entered to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of LIMON. | Appeal No. 1785 | Suspension and Revocation Appeals Authority | 4/8/1970 | 4/8/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1736 - CASTILLO | By order dated 29 December 1967, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a
fireman/watertender on board SS BRITAIN VICTORY under authority of
the document above described, on or about 10 December 1966,
Appellant wrongfully created a disturbance so as to require
restraint by hand cuffing.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
voyage records of BRITAIN VICTORY and the testimony of the master
of the vessel.
In defense, Appellant offered in evidence other voyage records
of the vessel, his own testimony, and the testimony of three
witnesses.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months outright
plus three months on twelve months' probation. | Appeal No. 1736 | Suspension and Revocation Appeals Authority | 11/15/1968 | 11/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1936 - VARGAS | By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for one month outright plus three
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Passenger Room Steward on board the SS PRESIDENT
JACKSON under authority of the document above captioned, on or
about 22 January 1972, Appellant did engage in mutual combat with
crewmember Victor Weddington.
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 excerpts from
the Shipping Articles and Official Ship's Log, a statement made by
Victor Weddington and a deposition of Pennsylvania Curry. In defense, Appellant offered in evidence certain medical
reports and records and 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 first specification had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of one month outright plus three months on
12 months' probation. | Appeal No. 1936 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1691 - GLOTZER | By order dated 29 March 1967, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for six months. The specification found proved
alleges that while serving as an ordinary seaman on board the
United States SS RIDGEFIELD VICTORY under authority of the document
above described, on or about 12 January 1967, Appellant deserted
his vessel at Bangkok, Thailand.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence copies of
voyage records of RIDGEFIELD VICTORY.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 1691 | Suspension and Revocation Appeals Authority | 3/27/1968 | 3/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1738 - NEARY | By order dated 29 March 1968, an Examiner of the United States
Coast Guard at Providence, R. I., suspended Appellant's seaman's
documents for one month on six months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as pilot on board SS TEXACO MASSACHUSETTS under
authority of the license above captioned on or about 13 February
1968, Appellant failed to determine the position of the vessel,
thereby contributing to a grounding.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses and reports filed in connection with the
grounding of the ship.
In defense, Appellant offered in evidence his own testimony
and that of an expert witness.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month on six
months' probation. | Appeal No. 1738 | Suspension and Revocation Appeals Authority | 11/15/1968 | 11/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1839 - BRENNAN | By order dated 29 March 1970, an Examiner of the United States
Coast Guard at Corpus Chisti, Texas 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 person in charge of the tank barge ALAMO 1200
under authority of the document above captioned, on or about 19 May
1969, Appellant:
(1) wrongfully failed to insure that a person holding a valid
license as master, mate, pilot, or engineer or a
certificate tankerman was on duty to perform transfer
operations, thereby contributing to a marine casualty,
and
(2) wrongfully allowed tank hatches to remain open without
flame screens when not under the supervision of the senior crew members of the crew on duty when ALAMO 1200
was not in a gas free condition, thereby contributing to
a marine casualty.
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 introduce the testimony of five
witnesses.
In defense, Appellant offered in evidence his own testimony
and a letter dated 13 November 1967 signed by the Commander, Eight
Coast Guard District. | Appeal No. 1839 | Suspension and Revocation Appeals Authority | 5/20/1971 | 5/20/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1769 - DAZEY | By order dated 29 May 1968, an Examiner of the United States
Coast Guard at Houston, Texas revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as third mate on board the
SS BEAVER VICTORY under authority of the document and license above
captioned on or about 26 May 1967, Appellant, at Yokohama, Japan,
wrongfully had in his possession 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 voyage
records of BEAVER VICTORY and a record of conviction of an offense
in a Japanese court.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1769 | Suspension and Revocation Appeals Authority | 6/9/1969 | 6/9/1969 | | 12/27/2017 |
| 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 | 1744 - POLACK | By order dated 3 April 1968, an Examiner of the United States
Coast Guard at New York, N. Y., 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 first
class waiter on board SS UNITED STATES under authority of the
document above captioned on or about 18 February 1968, Appellant
wrongfully battered one Roque Mendez, another first class waiter,
and one Jerome Morris, the first class headwaiter and Appellant's
immediate superior.
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 the UNITED STATES and the testimony of two witnesses, Mendez and Morris.
In defense, Appellant offered in evidence his own testimony
and that of two character witnesses who testified both for
Appellant and against Mendez.
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 outright
plus four months on eight months' probation. | Appeal No. 1744 | Suspension and Revocation Appeals Authority | 4/3/1968 | 4/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1952 - AXEL | By order dated 3 August 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month on six months
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Wiper on board the SS
STEEL MAKER under authority of the document above described, on or
about 29 May 1972, Appellant assaulted the Chief Engineer with a
chair.
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 excerpts from
the shipping articles and the official ship's log and the testimony
of the Chief Engineer and the Third Mate. In defense, Appellant offered in evidence copies of medical
reports and the testimony of the Saloon Messman and himself.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and one specification had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of one month on six months' probation.
The entire decision was served on 15 August 1972. Appeal was
timely filed on 21 August 1972. | Appeal No. 1952 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1815 - MCKAIL | By order dated 3 December 1969, an Examiner of the United
States Coast Guard at Portsmouth, Virginia, suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as third assistant engineer on board SS
PLYMOUTH VICTORY under authority of the document and license above
captioned, Appellant:
(1) on 26 October 1969, at Kawaihae, Hawaii, failed to stand
his 1600-2400 watch;
(2) on 10 November 1969, while the vessel was transiting the
Panama Canal, failed to obey a lawful command of the
Chief Engineer to assist in the fire room at a time of
engineering difficulties; and
(3) on 10 November 1969, while the vessel was transiting the Panama Canal, used profane language toward the Chief
Engineer.
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 PLYMOUTH VICTORY and the testimony of three witnesses.
There was no defense.
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 on twelve
months' probation. | Appeal No. 1815 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1683 - SIPE | By order dated 3 February 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 12
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance man on board the United States SS HIGH POINT VICTORY
under authority of the document above described, on or about 22
December 1966, Appellant wrongfully destroyed a lock on a ship's
door with a fire axe, wrongfully failed to join, and deserted at
Yokohama, Japan.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and the
specifications alleging the breaking of the lock and the failure to
join, but not guilty to the desertion.
The Investigating Officer introduced in evidence voyage records of HIGH POINT VICTORY and the testimony of six witnesses.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and three specifications had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months outright
plus three months on twelve months' probation. | Appeal No. 1683 | Suspension and Revocation Appeals Authority | 3/14/1968 | 3/14/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1833 - ROSARIO | By order dated 3 January 1970, an Examiner of the United
States Coast Guard at New York, N.Y., revoked Appellant's seaman's
documents upon finding him guilty of use of narcotics. The
specifications found proved allege that Appellant on or about 16
July 1969 and 2 June 1968 was wrongfully the user of a narcotic
drug, to wit, heroin.
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 SS INDEPENDENCE and SS ARGENTINA, the testimony of a
male nurse from INDEPENDENCE, and the testimony of two ship's
surgeons, one from INDEPENDENCE and one from ARGENTINA.
In defense, Appellant offered no evidence. 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. 1833 | Suspension and Revocation Appeals Authority | 2/24/1971 | 2/24/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1828 - BALTHROP | By order dated 3 July 1969, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for one month outright plus three months on eighteen
months' probation upon finding him guilty of misconduct. The
specification found proved alleged that while serving as chief cook
on board SS PIONEER MING under authority of the document above
captioned, on or about 6 November 1968, Appellant assaulted and
battered one Eng Siu Po, chief steward of the vessel by striking
him in the mouth two times with his fist, thereby causing bleeding
at the mouth and loosened teeth.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documents. 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 specification 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 eighteen months' probation. | Appeal No. 1828 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1902 - NEWBROUGH | By order dated 3 June 1970, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as First Assistant Radio Officer on board the SS
PRESIDENT CLEVELAND under authority of the document and license
captioned, Appellant, while the vessel was at sea,
(1) due to intoxication, wrongfully failed to stand a watch
on 25 July 1969;
(2) on 25 July 1969 wrongfully telephoned the Master who had
retired for the evening;
(3) on 25 July 1969 wrongfully entered and remained in the
Economy class Passenger Lounge area;
(5) on 25 July 1969 wrongfully refused to obey a lawful order
of the Chief Officer to leave that area;
(6) on 25 July 1969 wrongfully entered and remained on the
Economy class Passenger Promenade Deck;
(7) on 25 July 1969 wrongfully failed to obey a lawful order
of the Chief Officer to leave that area and had to be
forcibly removed;
(8) on 25 July 1969 wrongfully possessed in his room
intoxicating beverages;
(9) on 25 July 1969 wrongfully refused to obey a lawful order
of the Master to leave the passageway outside the
Master's Office and had to be forcibly escorted to his
room;
(10) on 25 July 1969 wrongfully attempted to leave his room
contrary to the Master's direct order;
(11) on 25 July 1969 (Meridian Day) wrongfully disobeyed the
Master's direct order to remain in the ship's hospital;
(12) on 25 july 1969 (Meridian Day) wrongfully entered the
radioroom and grabbed the controls over the Chief Radio
Officer's objection; | Appeal No. 1902 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| 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 | 1714 - STORMER | By order dated 3 March 1967, an Examiner of the United States
Coast Guard at San Francisco, Cal., suspended Appellant's seaman's
documents for two months on twelve months' probation upon finding
him guilty of misconduct. The specifications found proved allege
that while serving as a wiper on board the United States SS
ANNISTON VICTORY under authority of the document above described,
on or about 21 November 1966, Appellant wrongfully absented himself
from the vessel and his duties at Subic Bay, P. R., and on 22
November 1966, at sea, wrongfully failed to perform his assigned
duties. The first specification, as found proved by the Examiner,
was limited to failure to perform duties after 1345, with no
finding that Appellant was, during the period of non-performance of
duty, actually absent from the vessel.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of ANNISTON VICTORY and the testimony of the Chief
Engineer.
In defense, Appellant offered in evidence his own testimony,
and that of the other wiper aboard the vessel.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and two
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months on twelve months' probation. | Appeal No. 1714 | Suspension and Revocation Appeals Authority | 7/8/1968 | 7/8/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1919 - ARCHIE | By order dated 3 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon findings him guilty of the
charge of "charge of "conviction for a narcotic drug law
violation." The specification found proved alleges that while the
holder of U.S. Merchant Mariner's Document above described, on or
about 23 December 1969, Appellant was convicted by the Superior
Court, in and for the County of Los Angeles, State of California,
a court of record, for violation of a Narcotic Drug Law, to wit:
Violation of Section 11530 of the Health and Safety Code of the
State of California; to wit: possession of marijuana.
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 certified
copies of court records from the Superior Court of Los Angeles County, California.
In defense, Appellant offered in evidence certified copies of
the arrest report and the preliminary hearing transcript from the
above court and his own testimony.
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. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him. | Appeal No. 1919 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1965 - BATISTA | By order dated 3 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for three months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Ordinary Seaman on board the SS MORMACARCO under
authority of the document above captioned, Appellant:
(1) did, on 23 July 1971, while said vessel was at sea,
wrongfully assault and batter with a dangerous weapon, to wit, a
knife, a member of the crew, Kenneth Smith;
(2) did, on 23 July 1971, wrongfully verbally threaten a
fellow crew member, Mr. Smith, with death; and
(3) did, on 31 July 1971, while said vessel was at sea,
wrongfully fail to perform his assigned duties due to intoxication. 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 Bos'n Kenneth A. Smith, excerpts from the shipping articles and
officials ship's log and a sketch of the Bos'n's Room.
In defense, Appellant offered in evidence the testimony of
Appellant, excerpts from the official ship's log and medical log
and the deposition of Wilton Thompsett.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and three specifications had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of three months outright plus six months on
18 months' probation. | Appeal No. 1965 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1765 - GILLEN | By order dated 3 October 1968, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for six months on eighteen months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as operator of M/V CAPT. GILLEN
under authority of the license above captioned, Appellant:
(1) from 10 through 18 August 1968, both dates included, and
from 20 through 27 August 1968, both dates included,
wrongfully operated the vessel by carrying more than six
passengers, without the vessel's having a valid
certificate of inspection, and
(2) on 28 August 1968, willfully operated the vessel with
more than six passengers aboard without the vessel's
having a valid certificate of inspection.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of one witness and one document. The Investigating Officer and
Counsel joined in entering nine stipulations on the record.
Appellant offered in evidence two documents.
The Examiner entered in evidence a pre-hearing memorandum
filed by Appellant.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and both
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months on eighteen months' probation. | Appeal No. 1765 | Suspension and Revocation Appeals Authority | 5/16/1969 | 5/16/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1978 - DAVIS | By order dated 3 October 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Night Mate on board
the SS FORT WORTH under authority of the license above described,
on or about 30 September 1972, Appellant wrongfully failed to
properly supervise the cargo loading operation on said vessel
thereby allowing gasoline to overflow and pollute the navigable
waters of the United States at Norco, Louisiana.
At the hearing, Appellant elected to act as his own 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 suspending all documents issued to
Appellant for a period of three months outright.
The entire decision was served on 16 October 1979. Appeal was
timely filed on 12 October 1972 | Appeal No. 1978 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1730 - MORTAN | By order dated 30 April 1968, an Examiner of the United States
Coast Guard at Jacksonville, Fla., after a hearing held at
Savannah, Ga., on 12 April 1968, suspended Appellant's seaman's
documents for one month outright plus two months on eighteen
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as radio
officer on board SS NORTHWESTERN VICTORY under authority of the
document and license above captioned on or about 14 March 1968,
Appellant wrongfully failed to obey a lawful order of the master to
send a message by radio-telegraph while the vessel was at sea.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced no evidence, in view of
the plea of guilty.
In defense, Appellant offered in evidence his own statement as
to matters in extenuation.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
suspending all documents issued to Appellant for a period of one
month outright plus two months on eighteen months' probation. | Appeal No. 1730 | Suspension and Revocation Appeals Authority | 10/18/1968 | 10/18/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1827 - CANDARAS | By order dated 30 April 1968, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
license for six months on twelve months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as master on board SS EVILIZ under authority of the
license above captioned on or about 17 May 1967, Appellant
"wrongfully allowed the said vessel to be overloaded approximately
ten (10) inches when the vessel was preparing to depart the port of
San Francisco, California for a foreign voyage."
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 a Coast guard officer who had examined and boarded the vessel,
a voyage record of EVILIZ, and a copy of the vessel's load line certificate.
In defense, Appellant offered in evidence his own testimony
and that of other witnesses connected with EVILIZ.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all licenses
issued to Appellant for a period of six months on twelve months'
probation. | Appeal No. 1827 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1591 - VAUGHAN | By order dated 30 August 1965, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for 6 months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman on board the United States USNS PECOS
under authority of the document above described, Appellant.
(1) on or about 1 May 1963 at Sasebo,
Japan, failed to perform duties by
reason of intoxication;
(2) on or about 5 June 1963 at Inchon,
Korea, wrongfully failed to perform
duties;
(3) on or about 7 June 1963 at Pusan,
Korea, at sea, and at Sasebo, Japan,
wrongfully failed to perform duties;
(4) on or about 7 June 1963 at Pusan,
Korea, at sea, and at Sasebo, Japan,
wrongfully failed to perform duties;
(5) on or about 8 June 1963 at Sasebo,
Japan, wrongfully failed to perform
duties;
(6) on or about 10 and 11 July 1963 at
Inchon, Korea, wrongfully failed to
perform duties;
(7) on or about 16 and 17 July 1963 at
Inchon, Korea, wrongfully failed to
perform duties;
(8) on or about 21 July 1963 at Sasebo,
Japan, wrongfully failed to perform
duties; | Appeal No. 1591 | Suspension and Revocation Appeals Authority | 11/30/1966 | 11/30/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1759 - LACY | By order dated 30 January 1969, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for six months upon finding proved a charge of
misconduct. The specifications found proved allege that while
serving as an AB seaman on board SS TRANSCARIBBEAN under authority
of the document above captioned Appellant:
(1) failed to perform duties on 5 July 1968 at Subic
Bay,R.P.;
(2) failed to perform duties by reason of intoxication on 30
July 1968, at Manila, R.P.;
(4) failed to perform duties because of intoxication on 13
August 1968 at Yokohama, Japan;
(5) failed to perform duties because of intoxication on 23
August 1968, at sea; and while so serving aboard SS HARVARD VICTORY,
(6) failed to perform duties on 22 November 1968, a Cam Ranh
Ray, RVN; and
(7) failed to perform duties on 25 November 1968, at Cam Ranh
Bay, RVN.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of TRANSCARIBBEAN and HARVARD VICTORY.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1759 | Suspension and Revocation Appeals Authority | 5/2/1969 | 5/2/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1588 - INGRAM | By order dated 30 June 1966, an Examiner of the United States
Coast Guard at Duluth, Minnesota, suspended Appellant's seaman's
documents for three months outright plus nine months on eighteen
months' probation upon finding him guilty of misconduct. This
specification found proved alleges that while serving as a Third
assistant engineer on board the United States SS CLIFFORD F. HOOD
under authority of the document and license above described, on or
about 29 September 1965, Appellant wrongfully assaulted and
battered, with a piece of pipe, a member of the crew, one Ralph
Gates, causing injury.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner than entered an order suspending all
documents issued to Appellant for a period of three months outright
plus nine months on eighteen months' probation. | Appeal No. 1588 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |