| Suspension and Revocation Appeals Authority | 1757 - SCHEPIS | By order dated 22 December 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's license for one year, plus one year on two years'
probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as master of
SS WILD RANGER under authority of the document and license above
captioned, on or about 30 May and 8 September 1967, Appellant
wrongfully confined a member of his crew in an area forward of the
collision bulkhead that was not safe and commensurate with the
offenses committed for certain periods of time. (It was stipulated
prior to arraignment that the words "commensurate with the
offense[s] committed" were to be construed as meaning "not
reasonably required to maintain custody of the person involved.")
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.The Investigating Officer introduced in evidence the testimony
of three witnesses and several documents.
In defense, Appellant offered in evidence his own testimony,
that of two other witnesses, and several documents.
The Examiner entered four documents as his own exhibits. | Appeal No. 1757 | Suspension and Revocation Appeals Authority | 4/1/1969 | 4/1/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1758 - BROUSSARD | By order dated 12 February 1968, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator on board M/V CAT ISLAND under authority of the
document and license above captioned, on or about 27 June 1967,
Appellant failed to maintain a proper lookout, thereby contributing
to a collision between CAT ISLAND and M/V JANE G.
At the hearing, Appellant was represented by professional
counsel. appellant entered a plea of not guilty to the charge and
specification.
By stipulation, there was introduced into evidence the
testimony of two persons aboard JANE G, and the deckhand of CAT ISLAND, taken and recorded in earlier proceedings. Appellant
personally testified before the Examiner.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months. | Appeal No. 1758 | Suspension and Revocation Appeals Authority | 4/9/1969 | 4/9/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1761 - RAFANELLI | By order dated 31 July 1968, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as carpenter
on board SS WINTHROP VICTORY under authority of the document above
captioned, on or about 23 January 1968, at Pusan, Korea, Appellant:
(1) assaulted and battered another crew member, one Jacovis
Biskinis, with a piece of pipe;
(2) assaulted and battered Biskinis with a hammer;
(3) threatened bodily harm to Biskinis;
(4) assaulted and battered another crew member, one Dallas
Wenn, with fists;
(5) assaulted and battered Dallas Wenn with a hammer; and
(6) on 24 January 1968, at Pusan, Korea, threatened the life
of Biskinis.
At the hearing, Appellant was elected to act as his own
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses, a voyage record of WINTHROP VICTORY, and a
sketch showing a partial deck plan on which witnesses located
events testified to. | Appeal No. 1761 | Suspension and Revocation Appeals Authority | 5/1/1969 | 5/1/1969 | | 12/27/2017 |
| 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 | 1760 - POMPEY | By order dated 9 September 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as first cook on board SS
SANTA MARIA under authority of the document above captioned, on or
about 27 April 1968, Appellant wrongfully assaulted and battered
with his hand a fellow crewmember, Arthur Eggenberg, causing
injury, while the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Authur Eggenberg, some relevant photographs of Eggenbert, and voyage records of SANTA MARIA.
In defense, Appellant offered in evidence the testimony of
five witnesses, including his own, certain medical records, and a
record of a notice of claim filed with the owner of SANTA MARIA,
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of six months plus six months on
twelve months' probation. | Appeal No. 1760 | Suspension and Revocation Appeals Authority | 5/2/1969 | 5/2/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1764 - SCHMIDT | By order dated 22 June 1967, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for seven months plus six months on eighteen months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as second
mate on board SS AMERICAN TRAPPER under authority of the document
and license above captioned, on or about 22 February 1967,
Appellant, at Hoboken, N. J.:
(1) assaulted and battered another member of the
crew, one Calvin L. Singletary, and
(2) created a disturbance by resisting arrest by
Hoboken, N. J. police officers.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage
records of AMERICAN TRAPPER, the testimony of a Hoboken, N. J.,
police officer, and the deposition of Calvin L. Singletary.
Appellant offered no evidence in defense, but the
Investigating Officer presented a sworn statement which Appellant
had asked him to present.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of seven months plus six
months on eighteen months' probation. | Appeal No. 1764 | Suspension and Revocation Appeals Authority | 5/16/1969 | 5/16/1969 | | 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 | 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 | 1763 - GONZALEZ | By 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. 1763 | Suspension and Revocation Appeals Authority | 5/19/1969 | 5/19/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1766 - O'LEARY | By order dated 9 January 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for six months, plus nine months on eighteen
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an AB
seaman on board SS CHILORE under authority of the document above
captioned, Appellant:
(1) on 2 December 1968, at Pusan, Korea, failed
to stand an assigned gangway watch;
(2) on 9 December 1968, at Pusan, Korea, failed to
perform duties aboard the ship;
(3) on 21 December 1968, at Pusan, Korea, created
a disturbance aboard the vessel while
intoxicated. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence.
In defense, Appellant made a statement in mitigation.
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 plus nine
months on eighteen months' probations. | Appeal No. 1766 | Suspension and Revocation Appeals Authority | 5/20/1968 | 5/20/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1767 - CAMPBELL | By order dated 23 December 1968, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for three months plus three months on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a third
refrigeration engineer on board SS SAN JOSE under authority of the
document above captioned, Appellant, on or about 10 October 1968,
at Yokohams, Japan, and on or about 30 November and 1 December
1968, at Sattahip, Thailand, failed to perform his duties.
At the hearing, Appellant elected to acct as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence.
In defense, Appellant offered in evidence the testimony of a character witness and made a statement.
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 three months plus
three months on six months' probation. | Appeal No. 1767 | Suspension and Revocation Appeals Authority | 5/20/1969 | 5/20/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1768 - PEREIRA | By order dated 19 October 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for three months upon finding a
charge of misconduct proved. The specifications found proved
allege that while serving as a plumber/machinist on board SS BOISE
VICTORY under authority of the document above captioned, Appellant:
(1) on or about 2 October 1967, while the vessel
was at sea, failed to obey an order of the
master to return to him a copy of a letter;
(2) on or about 3, 4, 5, 6, 9, 10, 11, 12, 13, 14,
and 15 October 1967, failed to perform duties
at sea;
(3) on or about 2 October 1967, wrongfully created
a disturbance at sea; and (4) on or about 2 October 1967, failed to obey an
order of the master not to use certain toilet
facilities on the ship.
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 the testimony
of three witnesses and voyage records of BOISE VICTORY.
In defense, Appellant offered in evidence his own testimony,
that of two witnesses, a shirt, and a medical record.
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, on 14 December 1967, entered
an order suspending all documents issued to Appellant for a period
of three months. | Appeal No. 1768 | Suspension and Revocation Appeals Authority | 5/26/1969 | 5/26/1969 | | 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 | 1770 - CAREY | By order dated 31 January 1968 at Seattle, Washington, an
Examiner of the United States Coast Guard after a hearing at
Honolulu, Hawaii revoked Appellant's seaman's documents upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintentance/AB on board SS
MANHATTAN under authority of the document above captioned, on or
about 24 June 1967, Appellant wrongfully had in his quarters
narcotics, "thereby violating 46 U.S.C. 239b."
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 MANHATTAN and a Japanese court record.
There was no defense. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner 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. 1770 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1772 - MCDERMOTT | By order dated 4 December 1968, at Long Beach, Cal., an
Examiner of the United States Coast after a hearing held at
Portland, Oregon, suspended Appellant's documents for one month
plus three 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 W. H. PEABODY
under authority of the document above captioned, Appellant:
(1) on or about 7 September 1968, at Cam Ranh Bay, RVN,
wrongfully failed to perform duties, and
(2) on or about 17 September 1968, at Da Nang, RVN, wrongfully
failed to perform duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and first
specification, but not guilty to the second. The Investigating Officer introduced in evidence voyage
records of W. H. PEABODY.
In defense, Appellant offered in evidence the testimony of the
vessel's deck engineer.
The Examiner called as witness the vessel's third assistant
engineer, Mr. Milton.
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 plus three
months on twelve months' probation. | Appeal No. 1772 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1773 - LEAVY | By order dated 5 February 1969, an Examiner of the United States
Coast Guard at Philadelphia, Pa., suspended Appellant's seaman's
documents for six months plus three months on six months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an AB seaman on board SS
AMERICAN SCIENTIST under authority of the document above captioned,
Appellant:
1) on or about 23 and 24 September 1968, failed
to perform duties while the vessel was in a
domestic port;
2) on or about 8 November 1968, failed to perform
duties while the vessel was in a foreign port;
and
3) on or about 12 November 1968, failed to
perform duties while the vessel was in a
foreign port. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence.
Appellant made unsworn statements explaining how his offenses
took place.
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 plus three
months on six months' probation. | Appeal No. 1773 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1774 - GLOVER | By order dated 31 October 1968, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for three months outright plus three months on
twelve months' probation upoon finding him guilty of misconduct.
The two specifications found proved allege that while serving as an
ordinary seaman on board SS THOMPSON LYKES under authority of the
document above described, on or about 1 October 1968 while the
vessel was in a foreign port, Appellant did wrongfully engage in a
fist fight with a fellow crewmember, William Orville Thomas; and
that on or about 1 October 1968, while the vessel was in a foreign
port did fail to perform his duties from 0400 to 0800 and from 1600
to 2000, due to being under the influence of alcohol.
At the hearing Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the first specification
and plea of guilty to the second specification. The Investigating Officer introduced into evidence the
shipping articles for voyage 41 of THOMPSON LYKES the testimony of
the chief mate of the vessel; the testimony of William Orville
Thomas, an ordinary seaman; and the testimony of W. A. Mitchell
described variously as a seaman and a messman.
In defense, Appellant offered in evidence his own testimony.
Subsequent to the end of the hearing, the Examiner rendered a
written decision in which he concluded that specification one was
proved, specification two was proved by plea, and the charge was
proved. | Appeal No. 1774 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1775 - HILL | By order dated 13 March 1969, an Examiner of the United States
Coast Guard at Portsmouth, Va., suspended Appellant's seaman's
documents for twelve months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as chief
cook on board SS AMERICAN LANCER under authority of the document
above captioned, Appellant:
(1), (2), (3), and (4) was absent from the vessel and his
duties without authority on 9, 10, 17, and 18 January
1969 at Hamburg, Germany;
(5) on 18, January 1969, at Hamburg, Germany,
failed to obey an order of the chief officer
to remain aboard the vessel;
(6) on 29 January 1969 absented himself from
duties without authority at Rotterdam, (7) & (8) was absent from the vessel and duties on 30 and
31 January 1969 at London, England;
(9) on 1 February 1969, at Le Havre, France,
failed to perform duties because of
intoxication; and
(10) on 3 February 1969, also at Le Havre, was
absent from duties without authority.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification. The Examiner later changed all these pleas to "not
guilty." | Appeal No. 1775 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1771 - FERNANDES | By order dated 11 March 1968, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's documents for
two months plus four months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as an officers' bedroom steward on board
SS BRASIL under authority of the document above captioned, on or
about 28 November 1967, Appellant wrongfully took six new shane
waitress uniforms, property of the vessel.
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 BRASIL and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony and that of another crewmembers of the vessel.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus four
months on twelve months' probation. | Appeal No. 1771 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/29/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1776 - REAGAN | By 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. 1776 | Suspension and Revocation Appeals Authority | 7/2/1969 | 7/2/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1777 - CESSFORD | By order dated 2 November 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for nine months plus six months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance/AB on board SS TRANSORLEANS under authority of the
document above captioned, Appellant:
1 on 20 July 1966 was absent from the vessel and
his duties without authority at Bombay, India;
2 and (3) on 21 and 22 July 1966, failed to
perform duties at Bombay, India;
4 on 4 August 1966 failed to perform duties at sea because
of intoxication;
5 on 5 August 1966, failed to perform duties at sea;
6 on 3 September 1966 at Kawjalein, M.I., failed to perform
duties because of intoxication;
7 on the same date and at the same place failed to obey an
order of the mate on watch;
8 on the same date and at the same place, addressed abusive
language to ship's officers;
9 on the same date and at the same place threatened to set
fire to the vessel which was then discharging oil cargo;
10 on the same date and at the same place, assaulted the
chief mate, with a threat to life, and directed abusive
language toward him; | Appeal No. 1777 | Suspension and Revocation Appeals Authority | 7/3/1969 | 7/3/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1778 - DEVEAUX | By order dated 30 September 1968, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for five months outright plus three
months on twelve months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as chief cook on board SS ALOHA STATE under authority of
the document above captioned, Appellant:
(1) on 18 July 1968, at Seattle, Wash., failed to perform
duties because of intoxication;
(2) on 19 July 1968, at sea, failed to perform duties because
of intoxication;
(3) on 9 August 1968, at Siagon, RVN, failed to perform duties because of intoxication;
(4) on 10 August 1968, at Saigon, RVN, wrongfully failed to
perform duties because of intoxication;
(5) on 12 August 1968, at Saigon, RVN, wrongfully failed to
perform duties; and
(6) on 12 August 1968, at Saigon, RVN, wrongfully destroyed
various items of ship's property by burning.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification. | Appeal No. 1778 | Suspension and Revocation Appeals Authority | 7/15/1969 | 7/15/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1779 - TORRES | By order dated 20 December 1968, 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
steward/yeoman on board SS UNITED STATES under authority of the
document above captioned, on or about 17 October 1968, Appellant:
(1) wrongfully had in his possession aboard the vessel at New
York, New York, 26.5 grams of marijuana and
(2) wrongfully had in his possession aboard the vessel at New
York, New York, 14 reels of obscene and pornographic
film.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
second specification, and pleaded not guilty to the first specification.
The Investigating Officer introduced in evidence the testimony
of a Customs inspector, a voyage record of UNITED STATES, and a
Customs laboratory analysis report.
In defense, Appellant offered in evidence his own testimony
and three photographs of his room aboard UNITED STATES.
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. 1779 | Suspension and Revocation Appeals Authority | 7/15/1969 | 7/15/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1780 - MURRAINE | By order dated 23 July 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for six months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as AB
seaman on board SS AFRICAN LIGHTNING under authority of the
document above captioned, Appellant:
(1) on 19 January 1968, failed to perform duties because of
intoxication, at Freemantle, Australia;
(2) on 29 January 1968, failed to perform duties at
Melbourne, Australia;
(3) on 31 January 1968, absented himself from the vessel, and
his duty, without authority, at Melbourne; (4) on 31 January 1968, failed to join the vessel at
Melbourne;
(5) on 12 March 1968, at Boston, Mass., assaulted a
crewmember, one Emery Hoskey, with a knife;
(6) on 12 March 1968, at Boston, assaulted Emery Hoskey with
a fire axe; and
(7) on 12 March 1968, at Boston, wrongfully had in his
possession a switchblade knife.
In addition, a specification found proved alleged that
Appellant, serving as Ab seaman aboard SS FAIRISLE, failed to join
the vessel at Saigon, RVN, on 24 December 1966. | Appeal No. 1780 | Suspension and Revocation Appeals Authority | 7/18/1969 | 7/18/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1781 - SELENIUS | By order dated 8 May 1967, an Examiner or the United States
Coast Guard at Seattle, Washington, suspended Appellant's seaman's
documents for two months plus six months on ten months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as second electrician on board SS
NORTHWESTERN VICTORY under authority of the document above
captioned, Appellant:
1) on or about 13, 14, and 31 March 1967, and 1, 10, 11, and
12 April 1967, wrongfully failed to perform duties;
2) on 11 April 1967, wrongfully damaged ship's property, a
mattress in the ship's hospital; and
3) on 26 March 1967, created a disturbance aboard the
vessel. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of nolo contendere to the charge and not
guilty to each specification.
The Investigating Officer introduced in evidence voyage
records of NORTHWESTERN VICTORY and the testimony of two witnesses.
In defense, Appellant made an unsworn statement.
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 six
months on ten months' probation. | Appeal No. 1781 | Suspension and Revocation Appeals Authority | 11/7/1969 | 11/7/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1782 - LEWIS | By order dated 18 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington admonished Appellant upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as chief cook on board SS METAPAN under
authority of the document above captioned, on or about 26 December
1968, Appellant assaulted another member of the crew, one Delbert
E. Kemmerer.
A second specification, alleging that Appellant created a
disturbance aboard the vessel on the same occasion, was found not
proved.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence the testimony
of two witnesses, the testimony of Kemmerer (whose hearing was held
in joinder with that of Appellant), and certain voyage records of
METAPAN.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and first
specification had been proved by plea, with the second
specification not proved. The Examiner then entered an order
admonishing Appellant. | Appeal No. 1782 | Suspension and Revocation Appeals Authority | 12/17/1969 | 12/17/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1783 - LEE | By order dated 9 October 1968, an Examiner of the United
States Coast Guard at Jacksonville, Florida revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance AB on board USNS MISSION SANTA CRUZ under authority of
the document above captioned, Appellant on or about 5 February and
16 March 1962, failed to perform duties because of intoxication;
and, while serving as AB seaman on board SS WABASH under authority
of the document, on 9 January 1963, wrongfully had marijuana in his
possession.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The entire decision was served on 10 October 1968. Appeal was
timely filed on 22 October 1968 and perfected on 18 August 1969. | Appeal No. 1783 | Suspension and Revocation Appeals Authority | 2/12/1970 | 2/12/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1784 - KARLSSON | By order dated 23 December 1968, an Examiner of the United
States Coast Guard at New York, N. Y., revoked Appellant's seaman's
document upon finding him guilty of misconduct. The specifications
found proved allege that while serving as an engineer-crane
maintenance on board SS SEATRAIN FLORIDA under authority of the
document above captioned, Appellant:
(1) on 28 September 1967, at sea, disobeyed a lawful
order of the first assistant engineer not to enter
the the engine room of the vessel without first
advising the Chief or first assistant engineer and
to perform no functions in the engine room except
under proper supervision;
(2) on 5 October 1967, at Naha, Okinawa, attempted to
provoke the second assistant engineer into striking
him, and profanely defied that officer;
(3) on 5 October 1967, at Naha, Okinawa, threatened the
first assistant engineer with bodily harm; and
(4) on 5 October 1967, at Naha, Okinawa, failed to obey
a lawful order of the master to remain aboard the
vessel.
Appellant did not appear at the hearing after the first
session, at which he was not represented by counsel. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of SEATRAIN FLORIDA.
There was no defense offered. | Appeal No. 1784 | Suspension and Revocation Appeals Authority | 3/24/1970 | 3/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1787 - BEARD | By order dated 19 August 1968, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS HARVARD VICTORY under authority of the document
above described, on or about 10 October 1966, Appellant, while the
vessel was at Saigon, Viet Nam, assaulted and battered by beating
with his fists and kicking with his feet a fellow crewmember, one
Alfred A. Bruce.
At the hearing, Appellant entered a plea of not guilty to the
charge and specification.
The Investigating Officer introduced in evidence a voyage
record of HARVARD VICTORY and the testimony of two witnesses
obtained by deposition on written interrogatories. In defense, Appellant offered in evidence the testimony of two
witnesses obtained by deposition on written interrogatories.
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. 1787 | Suspension and Revocation Appeals Authority | 4/1/1970 | 4/1/1970 | | 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 | 1786 - NICKELS | By 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. 1786 | Suspension and Revocation Appeals Authority | 4/9/1970 | 4/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1808 - DAVIS | By order dated 30 September 1964, 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 plumber/machinist on board SS FLYING CLOUD under
authority of the document above captioned, on or about 11 September
1964, Appellant had marijuana in his possession, at San Francisco,
California.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
Because of the disposition to be made of this case, no
discussion of evidentiary matters is needed.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant.
The entire decision was served on counsel on 5 October 1964.
Appeal was timely filed on 27 October 1964 and perfected on 9 March
1965. Because of administrative error, Appellant's Merchant Marine
Document was not picked up, and hence his appeal was not
"processed" until 18 April 1969. | Appeal No. 1808 | Suspension and Revocation Appeals Authority | 4/20/1970 | 4/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1788 - GUERR | By order dated 12 January 1970, 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 SS SANTA MAGDALENA under authority of the document
above captioned, on or about 12 April 1969, Appellant:
1) wrongfully molested a minor female passenger, D. L. J.,
by caressing her body in a passenger stateroom while at
sea;
2) wrongfully invited the same minor female into an
otherwise unoccupied passenger stateroom while at sea;
and
3) wrongfully requested the same minor female to kiss him,
in a passenger stateroom while at sea.
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 taken in direct examination by oral deposition,
and voyage records of SANTA MAGDALENA.
In defense, Appellant offered in evidence the testimony
elicited by him on cross-examination of the three witnesses whom
the Investigating Officer had deposed. | Appeal No. 1788 | Suspension and Revocation Appeals Authority | 5/1/1970 | 5/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1789 - DAVIS | By order dated 12 March 1969, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a fireman/watertender on
board SSPIONEER GLEN under authority of the document above
captioned, on or about 5 March 1965, Appellant wrongfully had
marijuana in his possession.
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 PIONEER GLEN, the testimony of four officials of the
Bureau of Customs, and certain records of the Bureau.
In defense, Appellant offered in evidence his own testimony and that of the former master of PIONEER GLEN.
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. 1789 | Suspension and Revocation Appeals Authority | 6/8/1970 | 6/8/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1797 - TODD | By order dated 15 July 1969, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for three months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a chief steward on board SS AZALEA CITY under authority
of the document above captioned, on or about 21 June 1968,
Appellant failed to obey an order of the master not to permit the
keys to the ship's storeroom to come into the possession of other
crew
members,and that, while so serving aboard SS ACHILLES Appellant on
14 February 1968 failed to obey an order of the master to place all
ship's stores in proper storage spaces.
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 AZALEA CITY and ACHILLES, and the testimony of two
witnesses.
Appellant offered no defense except for a letter which he
addressed to the Examiner at the Examiner's suggestion. The letter denies that the alleged offenses occurred. | Appeal No. 1797 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1794 - KELLY | By order dated 23 April 1968, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for six months upon finding him guilty of negligence.
The specifications found proved allege that while serving as pilot
on board SS TEXACO MASSACHUSETTS under authority of the license
above captioned, on or about 16 June 1966, Appellant:
1) while pilot of a privileged vessel in a crossing
situation failed to maintain course and speed as required
by 33 U.S.C. 206 in meeting SS ALVA CAPE;
2) also failed to sound a danger signal; and
3) failed to sound a three blast signal when backing in view
of ALVA CAPE. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
Both sides had ample time to introduce evidence. The hearing
lasted from 5 August 1966 to sometime in 1968. Much evidence
including testimony of witnesses and about one hundred exhibits was
introduced by both sides.
On 23 April 1968 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. 1794 | Suspension and Revocation Appeals Authority | 6/18/1970 | 6/18/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1791 - LEE | By order dated 5 November 1968, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Chief
Engineer on board SS OVERSEAS PROGRESS under authority of the
document and license above captioned, on or about 29 October 1968,
Appellant assaulted and battered with his hand one Ralph Wilcox, a
member of the crew.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses. In defense, Appellant offered in evidence his own testimony
and that of his local union representative in Houston.
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 outright plus six
months on twelve months' probation. | Appeal No. 1791 | Suspension and Revocation Appeals Authority | 6/22/1970 | 6/22/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1801 - HUNTER | By 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. 1801 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1802 - PEREZ-MARTINEZ | By order dated 22 May 1969, an Examiner of the United States
Coast Guard at Portsmouth, Virginia, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
fireman/watertender on board SS OVERSEAR ANNA under authority of
the document above captioned, on or about 4 April 1969, at sea,
Appellant:
(1) assaulted the master of the vessel by pushing him
with his hands, and
(2) assaulted the chief mate of the vessel by grabbing
him around the neck.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage records of OVERSEAS ANNA, and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony
and that of an eyewitness, his roommate.
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. 1802 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1790 - WEBER | By order dated 22 January 1969, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an
ordinary seaman on board SS COUNCIL BLUFFS VICTORY under authority
of the document above captioned, on or about 4 January 1969,
Appellant wrongfully had marijuana in his possession on board the
vessel at Seattle, Washington.
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 officials of the Bureau of Customs and that of one of
Appellant's roommates. He also introduced certain real evidence,
objects of a seizure made by a Customs agent and documentary records. An itemized documentary record of the seizure was later
substituted for the real evidence.
In defense, Appellant offered in evidence the testimony of his
other roommate and his own testimony.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1796 - GARCIA | By order dated 20 January 1969, an Examiner of the United
States Coast Guard at New York, N.Y., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bedroom
steward on board SS ARGENTINA under authority of the document above
captioned, on or about 13 January 1968, Appellant, at Port
Everglades, Florida:
(1) assaulted and battered a fellow crewmember, one Samuel
Alston,, by slapping him with his hand;
(2) created a disturbance in the passageway leading from the
crew messroom; and
(3) assaulted and battered Alston by stabbing him with a
deadly weapon 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 certain witnesses, records of the Broward General Hospital
(Fla.), and voyage records of ARGENTINA.
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. 1796 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1806 - FAULK | By order dated 12 March 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 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 SAN MATEO VICTORY under authority of
the document and license above captioned, on or about 21 February
1966, Appellant, while the vessel was at Nha Be, RVN:
1) assaulted and battered the master of the vessel with his
fists;
2) used foul and abusive language to the master;
3) assaulted and battered the second mate with his fist;
4) threaten the chief engineer with bodily harm;
5) created a disturbance aboard the vessel while in an
intoxicated condition; and
6) absented himself from the vessel without leave.
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 SAN MATEO VICTORY and the testimony of two witnesses
taken by deposition on written interrogatories.
In defense, Appellant offered in evidence the testimony of one
witness taken by deposition on written interrogatories and his own
testimony. | Appeal No. 1806 | Suspension and Revocation Appeals Authority | 6/29/1970 | 6/29/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1805 - MEYER | By 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. 1805 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1792 - PHILLIPS | By order dated 21 August 1969, an Examiner of the United
States Coast Guard at Providence, Rhode Island suspended
Appellant's seaman's documents for fifteen days upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as operator of the motorboat SURFMASTER III under
authority of the license above captioned, on or about 21 June 1969,
Appellant:
(1) while the vessel was underway off Block
Island, R.I., wrongfully carried for hire more
than six passengers; and
(2) wrongfully failed to provide sufficient life-saving
devices in serviceable condition while the vessel was
underway. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each of three specifications.
The Investigating Officer introduce in evidence the testimony
of two witnesses and certain documents.
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 two
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of
fifteen days (A condition of the order will be discussed in the
Opinion below). | Appeal No. 1792 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1793 - FARIA | By order dated 14 August 1969, an Examiner of the United
States Coast Guard at Providence, R. I., suspended Appellant's
seaman's documents for fifteen days upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as operator of motorboat DOLLY B under authority of the
license above captioned, on or about 21 June 1969, Appellant:
(1) while operating on the waters off Block Island, Rhode
Island, wrongfully carried more than six passengers for
hire, and
(2) wrongfully failed to provide sufficient and serviceable
approved lifesaving devices.
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 certain documentary evidence.
In defense, Appellant offered no evidence.
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 fifteen days, subject to
certain conditions. | Appeal No. 1793 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1795 - COATES | By order dated 2 December 1969, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, suspended
Appellant's seaman's documents for one year upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as a wiper on board SS HOPE, at Colombo, Ceylon, under
authority of the document above captioned, Appellant:
1) on 4 August 1968, failed to stand a 1600-2000 watch;
2) on 9 October 1968, was absent from duties from 1600-2400;
3) on 10 October 1968, wrongfully left his duty station
during the 1600-2400 watch and was "found lying in [his]
bunk at approximately 1815 hours, this being the second
offense of this nature";
4) on 27 November 1968, wrongfully left his duty station at
1030 and remained absent for the rest of the day; and
5) on 2 January 1969 failed to report for duty on time and,
after being admonished for tardiness, left the duty
station and failed to turn to;
and, while so serving when the vessel was at sea:
6) on 17 March 1969, failed to perform his assigned duties;
7) on 19 March 1969, failed to perform duties because of
intoxication; and
8) on 20 March 1969, failed to perform duties because of
intoxication.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1795 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1798 - MACK | By order dated 22 August 1969, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Able seaman on board SS WHITTIER VICTORY under
authority of the document above captioned Appellant:
(1 on 25, 26, and 27 June 1969, at a foreign port, was
absent form the vessel without authority;
(2) on 14 July 1969, at Naha, Okinawa, was absent from
the vessel without authority; and
(3) failed to join the vessel on 15 July 1969 at Naha.
At the hearing, Appellant elected to act as his own
counsel. Appellant entered a plea of guilty to the
charge and each specification.
The Investigating Officer introduced no evidence but added a
statement that Appellant had rejoined the vessel at another port
after the failure of 15 July 1969.
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 twelve months. | Appeal No. 1798 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 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 | 1807 - ZEMIS | By order dated 22 November 1968, an Examiner of the United
States Coast Guard at New York, New York suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as boatswain
on board SS AFRICAN STAR under authority of the document above
captioned, Appellant:
(1) on 17 July 1968, failed to perform duties at
Papeete and on departure therefrom;
(2) on 16 August 1968, failed to perform duties at
Freemantle, Australia; and
(3) on 4 September 1968, failed to perform duties at
Sydney, Australia. 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 AFRICAN STAR.
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 three months plus
three months on twelve months' probation. | Appeal No. 1807 | Suspension and Revocation Appeals Authority | 7/10/1970 | 7/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1800 - PABLO | By 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. 1800 | Suspension and Revocation Appeals Authority | 7/16/1970 | 7/16/1970 | | 12/27/2017 |