| Suspension and Revocation Appeals Authority | 1803 - PABON | By order dated 17 October 1969, an Examiner of the United
States Coast Guard at Mobile, Alabama, suspended Appellant's
seaman's documents for 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 GULF MERCHANT under authority of the document above captioned,
on or about 4 October 1969, Appellant wrongfully engaged in a fight
with another crew member, Julius Martinez, while the vessel was at
sea.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Martinez and voyage records of GULF MERCHANT.
In defense, Appellant testified in his own behalf.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months on
twelve months' probation. | Appeal No. 1803 | Suspension and Revocation Appeals Authority | 7/21/1970 | 7/21/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1804 - SOUZA | This appeal is taken in accordance with 46 CFR 137.25-15 from
an order of an Examiner at Long Beach, California, dated 1 October
1969, denying Appellant's petition to reopen a hearing terminated
by the Examiner's decision dated 25 September 1969, served on 26
September 1969. The petition to reopen the hearing tolled the
running of the 30 day period for filing appeal. 46 CFR
137.25-10(i). The petition was correctly addressed to the Examiner
who heard the case because no notice of appeal from his decision
had been filed. 46 CFR 137.25-1(b).
In considering this appeal from the Examiner's denial of the
petition to reopen, I will consider only the issue raised by the
petition. 46 CFR 137.25-15(a).
The hearing in this case was held with Appellant appearing
without counsel, after proper advice as to his right to counsel.
Two persons testified at the hearing, one a witness for the
Investigating Officer, the other Appellant himself in his own
behalf.
The petition to reopen submitted to the Examiner provided two
affidavits, one from the Investigating Officer's witness, and one from Appellant himself. There is an appearance that the affidavit
from the Investigating Officer's witness is in some respects
different from the testimony given before the Examiner.
It is obvious that Appellant's affidavit cannot contain newly
discovered evidence. What Appellant knows and can testify to now
he knew and could have testified to at the time of hearing. The
proferred testimony, by way of affidavit, of the witness who
appeared at the hearing, is said to be "newly discovered evidence"
because it was elicited only after "proper interrogation by an
attorney," while Appellant was unable to elect the answers at
hearing before the Examiner because he was not an attorney. | Appeal No. 1804 | Suspension and Revocation Appeals Authority | 7/24/1970 | 7/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1809 - YOUNG | By order dated 17 April 1969, an Examiner of the United States
Coast Guard at Jacksonville, Florida, after a hearing held at
Miami, Florida, suspended Appellant's seaman's documents for one
month plus two months on eighteen months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while that while serving as a saloon messman on board SS P. C.
SPENCER under authority of the document above captioned, on or
about 10 April 1969, Appellant disobeyed a lawful order of the
master to call the vessel's steward.
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 voyage
records of SS P. C. SPENCER and stipulated recorded testimony of
certain witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved and then entered an order suspending all documents issued to
Appellant for a period of one month plus two months on eighteen
months' probation. | Appeal No. 1809 | Suspension and Revocation Appeals Authority | 8/6/1970 | 8/6/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1813 - JEWELL | By order dated 22 November 1967, an Examiner of the United
States Coast Guard at Baltimore, Maryland, revoked Appellant's
license upon finding him guilty of misconduct. The specifications
found proved allege that while serving as chief mate on board SS
FAIRISLE under authority of the document and license above
described, on or about 16 October 1967, Appellant, while the vessel
was at Qui Nhon, R.V.N.:
(1) failed to perform duties in connection with preparing the
vessel for sea, by reason of intoxication;
(2) showed insubordination to the master by the use of
vulgar, abusive, and threatening language; and
(3) refused to obey an order of the master to stay off the
deck and remain in his quarters.Appellant did not appear for 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 FAIRISLE and the testimony of the master.
There was no evidence for Appellant
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
Appellant's license. | Appeal No. 1813 | Suspension and Revocation Appeals Authority | 8/19/1970 | 8/19/1970 | | 12/27/2017 |
| 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 | 1811 - TURNER | By order dated 25 August 1969, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for one month outright plus two months on eight
months' probation upon finding him guilty of misconduct. The
specifications found proved alleged that while serving as an
ordinary seaman on board SS MORMACBAY under authority of the
document above captioned, Appellant:
1) on or about 7 July 1969, at sea, wrongfully and without
permission had in his possession a dangerous weapon, a
410 gauge pistol-shotgun, manufacturer "Boito."
2) on or about 3 July 1969, at sea, used "wrongful" language
to the chief mate by saying to him, "If any accident,
such as a mashed hand or crushed finger, happens to me,
you better curl up and die. That will happen."
At the hearing, Appellant elected to act as his own counsel. specification.
The Investigating Officer introduced in evidence the testimony
of the chief mate and certain voyage records of MORMACBAY.
In defense, Appellant offered in evidence his own testimony
and a record he had made of an injury suffered aboard the vessel.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month outright
plus two months on eight months' probation. | Appeal No. 1811 | Suspension and Revocation Appeals Authority | 8/20/1970 | 8/20/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1812 - VELAZQUEZ | By order dated 25 June 1969, an Examiner of the United States
Coast Guard at New York, New York revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a night
steward on board SS SANT NARIANA under authority of the document
above captioned, Appellant:
(1) on 30 August 1968, when the vessel was at Bonaventura,
Chile assaulted a member of the crew, one Jack Beilenson,
with a knife;
(2) on 12 September 1968, when the vessel was at Cartagena,
Columbia, assaulted by beating a member of the crew, one
Salvador Amador; and
(3) at the same time and place assaulted and battered Amador
with a dangerous weapon by cutting him with a knife. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses and certain voyage records of SANTA MARIANA.
In defense, Appellant offered in evidence his own testimony
and that of two other witnesses. | Appeal No. 1812 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1814 - CRUZ | By order dated 16 October 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months outright 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 SANTA MERCEDES under authority of
the document above describe, on or about 16 August 1967, Appellant,
at Guayaquil, Ecuador:
(1) assaulted and battered one Manuel Moreira, another
crewmember, and
(2) created a disturbance aboard the vessel by using loud
language to local police officers who had been called to
the vessel.
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 SANTA MERCEDES.
There was no defense.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months outright plus three months on twelve months'
probation. | Appeal No. 1814 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 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 | 1816 - MONSEN | By order dated 6 September 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct and negligence. The
specifications found proved allege that while serving as master on
board MV MYSTIC SUN under authority of the document and license
above captioned, on or about 17 March 1967, Appellant
(I) was Negligent in that he:
(1) failed to keep out of the way of a privileged
vessel in a crossing situation;
(2) crossed ahead of a privileged vessel in a crossing
situation; and (3) failed to slacken speed, stop, or reverse to avoid
collision with a privileged vessel in a crossing
situation; and
(4) failed to maintain a proper lookout; and
(II) committed an act of Misconduct by sounding a
"cross-signal" in a crossing situation by answering
a one-blast signal by a privileged vessel with a
two-blast signal.
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 many
documents, and the testimony of the mate of SAMUEL H. HERRON and
the quartermaster of MYSTIC SUN.
In defense, Appellant offered in evidence many documents, his
own testimony and, on recall, the testimony of the quartermaster of
MYSTIC SUN and the mate of HERRON. | Appeal No. 1816 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 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 | 1819 - JOHNSON | By order dated 26 February 1969, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for two months plus four months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a an
AB seaman on boar SS ANDREW JACKSON under authority of the document
above captioned, Appellant:
(1) on 19 November 1968, failed to perform his assigned
duties at Cam Rahn Bay, RVN;
(2) on 4 December 1968, failed to perform duties, was absent
from the vessel without leave, and wrongfully had
intoxicating liquor in his possession at Cam Rahn Bay,
RVN;
(3) on 11 December 1968, was absent from the vessel without leave, failed to perform duties because of intoxication,
and used foul and abusive language to the chief mate,
Manila, R.P.;
(4) on 12 December 1968, failed to perform duties at Manila,
R.P.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of ANDREW JACKSON.
There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus four
months' probation. | Appeal No. 1819 | Suspension and Revocation Appeals Authority | 9/9/1970 | 9/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1818 - BUHELT | By order dated 14 March 1969, an Examiner of the United States
Coast Guard at Boston, Massachusetts, suspended Appellant's
seaman's documents for six months plus three months on eighteen
months' probation upon finding him guilty of negligence and
violation of a statute. The specifications found proved allege
that while serving as master on board F/V CAMBRIDGE under authority
of the license above captioned on or about 25 September 1968,
Appellant:
(1) under the Charge of Violation of a Statute allowed the
vessel to be navigated without a licensed officer on
watch as required by 46 U.S.C. 224a (R.S. 4438A), and
(2) under the Charge of Negligence,
(i) failed to navigate with care, contributing to
a grounding in Salem, Mass., and (ii) negligently navigated while under tow,
contributing to a collision with CG-30430.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charges and
each specification.
The Investigating Officer introduced in evidence the testimony of
one witness who had served aboard CAMBRIDGE as a mate, two
witnesses who served aboard CG-30430, and the Public Works Officer
of the U.S.C.G. Salem Air Station.
In defense, Appellant offered in evidence the testimony of an
official of the company which owns CAMBRIDGE and that of three
persons who had to do with an overhaul of the vessel.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charges and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus three
months on eighteen months' probation. | Appeal No. 1818 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1820 - BAYLESS | By order dated 5 August 1969, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman's documents for five months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
able seaman on board SS TRANSGLOBE under authority of the document
above captioned, Appellant:
(1) on 24 February 1969 failed to join the vessel at Saigon,
RVN;
(2) on 5 and 7 March 1969 created a disturbance at the
American consulate and used foul and abusive language to
consular officials while at the consulate in connection
with repatriation proceedings; and
(3) on 6 and 8 March 1969 created disturbances at Tan Son
Nhut Airport, RVN. 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 TRANSGLOBE and a consular report.
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 suspending all
documents issued to Appellant, for a period of five months from 24
April 1969, plus six months on twelve months' probation. | Appeal No. 1820 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1821 - GIBSON | By order dated 5 November 1969, an Examiner of the United
States Coast Guard at New Orleans, La., 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 an AB
seaman on board SS STEEL KING under authority of the document above
captioned, on or about 29 July 1968, Appellant deserted the vessel
at Manila, R.P.
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 voyage
records of STEEL KING.
In defense, Appellant testified in his own behalf. At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of three months plus three months
on twelve months' probation. | Appeal No. 1821 | Suspension and Revocation Appeals Authority | 9/16/1970 | 9/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1822 - EVANS | By order dated 6 August 1969, an Examiner of the United States
Coast Guard at Providence, R.I., suspended Appellant's seaman's
documents for one month on nine months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as master on board M/V BLOCK ISLAND under authority
of the license above captioned, on 31 July 1969, Appellant
negligently navigated his vessel so as to cause it to collide with
an anchored vessel, the yacht BONAVENTURE.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony
and that of two other 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
Appellant's license for a period of one month on nine months'
probation. | Appeal No. 1822 | Suspension and Revocation Appeals Authority | 9/21/1970 | 9/21/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1823 - TEBO | By order dated 31 October 1969, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an AB seaman on board SS ZOELLA LYKES under authority of
the document above captioned, Appellant:
(1) on or about 30 September 1969, was unable to stand his
12-4 watch by reason of being under the influence of
liquor;
(2) on or about 1 October 1969, absented himself from the
vessel without authority at Nagoya, Japan; and
(3) on or about 2 October 1969, was unable to perform duties
by reason of intoxication when the vessel was "being
shifted from Nagoya and Yokohama, Japan." At the hearing, Appellant elected to act as his own counsel.
The Appellant pleaded not guilty to the first specification; the
Examiner entered pleas of not guilty to the other specifications.
The Investigating Officer introduced in evidence voyage
records of ZEOLLA LYKES. Appellant offered 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 twelve months. | Appeal No. 1823 | Suspension and Revocation Appeals Authority | 10/1/1970 | 10/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1824 - INMAN | By order dated 19 February 1970, an Examiner of the United
States Coast Guard at New Orleans, La., 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 ordinary seaman on board SS GREEN LAKE under
authority of the document above captioned, Appellant:
(1) on or about 15 May 1969, while the vessel was at a
foreign port, wrongfully failed to perform his assigned
duties;
(2) on or about 20 May 1969, while the vessel was at sea,
wrongfully failed to perform his assigned duties;
(3) on or about 21 May 1969, while the vessel was at a
foreign port, wrongfully failed to perform assigned
duties; and (4) on or about 21 May 1969, wrongfully deserted the vessel
at a foreign port.
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 GREEN LAKE.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1824 | Suspension and Revocation Appeals Authority | 10/27/1970 | 10/27/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1825 - PLEASANT | By order dated 25 June 1969, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for six months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an oiler on board SS
MORMACRIO under authority of the document above captioned,
Appellant on 17 March 1969, assaulted and battered by beating with
his fists the third assistant engineer, one Albert J. Renaud while
the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of MORMACRIO and the testimony of two witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus six
months on twelve months' probation. | Appeal No. 1825 | Suspension and Revocation Appeals Authority | 10/30/1970 | 10/30/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1826 - BOZEMAN | By order dated 15 September 1969, an Examiner of the United
States Coast Guard at Tampa, Florida, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board SS HOOSIER STATE under authority of the document above
captioned, on or about 28 May 1966, Appellant, while the vessel was
at sea, assaulted and battered a fellow crew member, Carl POYAS,
with a weapon, to wit, a knife.
At the outset of the hearing at San Francisco, California,
Appellant did not appear but was represented by professional
counsel. Appellant subsequently appeared in Tampa and entered a
plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the
depositions of seven witnesses. In defense, Appellant offered no evidence, in view of his
plea, but made a statement to 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 by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1826 | Suspension and Revocation Appeals Authority | 11/13/1970 | 11/13/1970 | | 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 | 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 | 1829 - DOSS | By order dated 8 October 1969, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for four months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS FRANK LYKES under authority of the
document above captioned, Appellant:
(1) on or about 17 August 1969, at a foreign port, absented
himself from the vessel and his duties;
(2) on or about 21 August 1969, at a foreign port, absented
himself from the vessel and his duties;
(3) on or about 21 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(4) on or about 22 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(5) on or about 23 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(6) on or about 24 August 1969, at a foreign port, failed to
preform his duties between 0001-0800, being under the
influence of alcohol;
(7) on or about 25 August 1969, at sea, failed to stand his
0000-0400 watch, because of being under the influence of
alcohol; and
(8) on or about 26 September 1969, at a domestic port,
wrongfully failed to stand his 0001-0800 watch.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1829 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1830 - PACKARD | By order date 29 December 1969, an Examiner of the United
State Coast Guard at Long Beach, Cal., retokef 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 on or about 23 September 1969, Appellant was
"convicted by the U.S. Magistrate, Southern District of California,
of having in [his] possession a quantity of marijuana (narcotic
paraphernalia) in violation of 18 U.S.C. 13 (violation of Section
11555 of Health and Safety Code of State of California)."
At the hearing, Appellant was represented by professional
counsel. A plea of not guilty was entered to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of a complaint and a judgement entered in the United States
District Court for the Southern District of California by the U.S.
Magistrate for that District. 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 specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1830 | Suspension and Revocation Appeals Authority | 1/12/1971 | 1/12/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1831 - CREER | By order dated 10 March 1970, an Examiner of the United States
Coast Guard at New York, N.Y., suspended Appellant's seaman's
documents for nine months plus three months on eighteen months's
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an AB
seaman on board SS OCEANIC TIDE under authority of the document
above captioned, Appellant:
(1) on 8 June 1967, wrongfully and without consent touched
the private parts of another crewmember, one McQueeney,
while the vessel was at Cam Ranh Bay, RVN;
(2) on 3 August 1967, wrongfully threatened to kill
McQueeney, at Kobe, Japan;
(3) on 3 August 1967, wrongfully engaged in mutual combat
with McQueeney at Kobe, Japan;
(4) on 3 August 1967, assaulted and battered McQueeney
with his hands at Kobe, Japan; and
(5) on 3 August 1967, assaulted and battered McQueeney by
choking him at Kobe, Japan.
The ordinary statement of procedure of the hearing is not
appropriate here since Appellant, who was not represented by
counsel, was present for some sessions of the hearing and was not
present for others. The important point is that Appellant,
although on proper notice, was not present when the testimony of
McQueeney was taken, after a plea of not guilty to the charge and
specifications had been entered. Appellant did produce a witness
and testified in his own behalf but in view of the sole ground for
appeal urged the procedure need not be set out in full.
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 nine months plus
three months on eighteen months' probation. | Appeal No. 1831 | Suspension and Revocation Appeals Authority | 1/26/1971 | 1/26/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1832 - CABALES | By order dated 30 October 1968, an Examiner of the United
States Coast Guard at New York, New York suspended Appellant's
seaman's documents for nine 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 ALBION VICTORY under authority of the document
above captioned, Appellant:
(1) on 9 and 17 October 1967, at Cam Ranh Bay, RVN,
wrongfully failed to perform assigned duties, and
(2) on 8 November 1967, wrongfully deserted the vessel at
Bataan, P.T., and,
while so serving as cook aboard SS SEATRAIN NEW JERSEY, wrongfully
failed to join the vessel at Manila, P.I. on 24 June 1967. 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 both vessels and the testimony, taken by deposition on
oral interrogatories, of the master of ALBION VICTORY. | Appeal No. 1832 | Suspension and Revocation Appeals Authority | 2/23/1971 | 2/23/1971 | | 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 | 1834 - STOVALL | By order dated 13 May 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 messman
on board SS SAN JUAN under authority of the document above
captioned, Appellant:
(1) on 22 March 1966, wrongfully had marijuana in his
possession while the ship was at sea; and
(2) on 28 March 1966, wrongfully had marijuana in his
possession when the vessel was at Port Elizabeth, N.J.
At the hearing, Appellant was at one time represented by
professional counsel who elected to withdraw. Appellant entered a
plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence certain
documents, testimony of some witnesses, and depositions of other
witnesses.
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. 1834 | Suspension and Revocation Appeals Authority | 3/2/1971 | 3/2/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1835 - MURRAY | By order dated 17 October 1968, an Examiner of the United
States Coast Guard at Baltimore, Md., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved, some thirty in number, need not be set
forth here in view of the action to be taken in this case.
At the hearing, Appellant elected to act as his own counsel.
The pleas and the evidence need not be discussed.
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.
The entire decision was served on 18 October 1968. Appeal was
timely filed on 15 November 1968. | Appeal No. 1835 | Suspension and Revocation Appeals Authority | 3/26/1971 | 3/26/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1836 - CLOUTIER | By order dated 31 October 1969, an Examiner of the United
States Coast Guard at Baltimore, Maryland, 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 fireman/watertender on board SS GREEN BAY under
authority of the document above captioned, Appellant:
(1) on 20 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0800;
(2) on 21 September 1969, at Saigon, RVN, failed to perform
his duties from 0000-0800;
(3) on 22 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0800;
(4) on 23 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0400;
(5) on 23 September 1969, at Saigon, RVN, failed to perform
his duties from 1200-1600;
(6) on 23 September 1969, failed to join the vessel at
Saigon, RVN; and
(7) on 24, 25, and 26 September 1969, failed to perform
duties while the vessel was at sea.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification. | Appeal No. 1836 | Suspension and Revocation Appeals Authority | 3/29/1971 | 3/29/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1837 - ARNOLD | By order dated 10 March 1970, an Examiner of the United States
Coast guard at Boston, Massachusetts suspended Appellant's seaman's
documents for three months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an able seaman on board
SS MARYLAND TRADER under authority of the document above captioned,
Appellant on 3 March 1970, failed to join MARYLAND TRADER at Ponce,
Puerto Rico.
At the hearing, Appellant elected to act as his own counsel.
The Examiner entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of MARYLAND TRADER.
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 suspending all
documents issued to Appellant for a period of three months plus six
months on twelve months' probation. | Appeal No. 1837 | Suspension and Revocation Appeals Authority | 4/16/1971 | 4/16/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1838 - FORSYTH | By order dated 12 September 1969, an Examiner of the United
States Coast Guard at New Orleans, La., revoked Appellant's
seaman's documents upon finding him guilty of addiction to the use
of narcotics and incompetence. The specifications found proved
allege that Appellant:
(1) being the holder of the document above captioned was on
30 January 1969 addicted to the use of a narcotic drug
(Charge One), and
(2) while serving as engine maintenance aboard SS CRISTOBAL
on 2 September 1969, under authority of the above
captioned document, incompetent to perform his assigned
duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charges and each specification.
The Investigating Officer introduced in evidence the testimony
of a doctor of the United States Public Health Service.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charges and specifications
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant.
The entire decision was served on 17 September 1969. | Appeal No. 1838 | Suspension and Revocation Appeals Authority | 4/23/1971 | 4/23/1971 | | 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 | 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 | 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 | 1862 - GOLDEN | By order dated 13 November 1970, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's license for one month outright plus five months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
junior chief mate on board SS ACHILLES under authority of the
license above captioned, Appellant:
(1) On or about 4 April 1970, at Drift River, Alaska,...
disobeyed a lawful order of the master by not providing
a hog and sag report;
(2) on or about 6 April 1970, at sea continued to disobey the
lawful order of the master by refusing to turn to and
perform his assigned duties; and
(3) on or about 6, 7, 8, 9, and 10 April 1970 failed to perform his assigned duties.
At the hearing Appellant was respresented 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 ACHILLES and the testimony of one witness.
In defense, Appellant offered in evidence voyage records of
ACHILLES and the testimony of two witnesses.
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 one month plus five
months on twelve months' probation. | Appeal No. 1862 | Suspension and Revocation Appeals Authority | 11/3/1971 | 11/3/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1863 - WOLTERS | By order dated 12 February 1971, an Examiner of the United
States Coast Guard at Detroit, Michigan, suspended Appellant's
seaman's documents for thirty days upon finding him guilty of
negligence. The specification found proved alleges that while
serving as master on board SS SYLVANIA under authority of the
license above captioned, on or about 21 November 1970, Appellant
failed to render assistance to two persons in danger of being lost
in the waters of Amherstburg Channel, Detroit River.
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 the testimony of certain witnesses 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 suspending all
documents issued to Appellant for a period of thirty days. | Appeal No. 1863 | Suspension and Revocation Appeals Authority | 12/6/1971 | 12/6/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1864 - MOORE | By order dated 6 May 1970, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's document for three months on 12 month's probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an AB seaman on board SS AMERICAN
SCOUT under authority of the document above captioned Appellant:
(1) on 2 and 3 April 1970, when the vessel was at Cat Lai,
RVN, wrongfully failed to perform assigned duties;
(2) on 3 April 1970, wrongfully failed to join the vessel at
Cat Lai, RVN;
(3) on 6 April 1970, at Vung Tau, RVN, failed to perform
duties because of intoxication; and (4) on 13 April 1970, at sea, failed to perform duties
because of intoxication.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of AMERICAN SCOUT.
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 on 12
months' probation. | Appeal No. 1864 | Suspension and Revocation Appeals Authority | 1/10/1972 | 1/10/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1865 - RAZZI | By order dated 26 May 1970, an Examiner of the United States
Coast Guard at New York, N.Y., suspended Appellant's seaman's
documents for four months outright plus two months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a third
assistant engineer on board SS BIENVILLE under authority of the
document and license above described, on or about 9 April 1970,
Appellant wrongfully absented himself from the engine room and his
duties from about 2000 to 2400 when the vessel was at Genoa, Italy,
and that he wrongfully failed to join the vessel on 10 April 1970
at Genoa, Italy.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence voyage records
of BIENVILLE. There was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of four months outright
plus two months on twelve months' probation. | Appeal No. 1865 | Suspension and Revocation Appeals Authority | 1/13/1972 | 1/13/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1866 - DUBOIS | By order dated 14 April 1970 and amended on 17 April 1970, an
Examiner of the United states Coast Guard at New York, N.y.,
suspended Appellant's seaman's documents for two months on nine
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as second
mate on board SS AMES VICTORY under authority of the document and
license above captioned, on or about 17 October 1969, Appellant, at
Subic Bay, P.R.,
(1) failed to perform his duties from 0400 to 0800;
(2) failed to perform his duties from 1600 to 2000; and
(3) failed to join the vessel at 2000.
At the hearing, Appellant was represented twice by
professional counsel, both of whom withdrew from the case.
Appellant then proceeded 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 AMES VICTORY and the testimony of the master of the
vessel.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
has been proved. The Examiner then entered and order suspending
all documents for a period of two months on nine months' probation.
(Linking of this order to an earlier order will be discussed below
in the OPINION.) | Appeal No. 1866 | Suspension and Revocation Appeals Authority | 1/13/1972 | 1/13/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1867 - ROLFES | By order dated 4 June 1970, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for four months plus four months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck engine mechanic
on board SS DOLLY TURMAN under authority of the document above
captioned, on or about 8 April 1970, Appellant failed to join the
vessel at Saigon, RVN.
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 voyage
records of DOLLY TURMAN.
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 suspending all
documents issued to Appellant for a period of four months plus four
months on twelve months' probation. | Appeal No. 1867 | Suspension and Revocation Appeals Authority | 1/17/1972 | 1/17/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1868 - FRANK | By order dated 26 February 1971, an Examiner of the United
States Coast Guard at New York, N.Y., suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding proved a charge of misconduct. The
specifications found proved allege that while serving as a third
officer on board SS SANTA MAGDALENA under authority of the document
and license above captioned, on 3 November 1970, Appellant, when
the vessel was at Guayaquil, Ecuador,
(1) committed an assualt and battery on the Chief Officer,
one John T. Russell, by offering to strike him with his
fist, by grabbing his shirt lapel, and by kicking him
about the body, and
(2) wrongfully threatened the Chief Officer.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and voyage records of SANTA MAGDALENA.
In defense, Appellant offered in evidence his own testimony,
voyage records of SANTA MAGDALENA, and medical records from the
U.S. Public Health Service.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months plus
three months on twelve months' probation. | Appeal No. 1868 | Suspension and Revocation Appeals Authority | 2/3/1972 | 2/3/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1885 - WHITE | By order dated 8 April 1969, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's license for
three months on twelve month's probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as pilot on board SS MEADOWBROOK under authority of the
license above captioned, on or about 4 May 1968, Appellant
wrongfully failed to navigate said vessel with due caution while in
restricted waters, to wit: Houston Ship Channel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence
the testimony of three witnesses.
In defense, Appellant offered in evidence the testimony of a
witness and several documents.
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
Appellant's license for a period of three months on twelve month's
probation.
The entire decision was served on 17 April 1969. Appeal was
timely filed on 9 May 1969, and was perfected on 19 October 1970. | Appeal No. 1885 | Suspension and Revocation Appeals Authority | 8/7/1972 | 8/7/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1899 - GARCIA | By order dated 2 March 1972, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a wiper on board SS EXPORT AIDE under authority of the
document above captioned, on 15 October 1971, Appellant wrongfully
had in his possession a narcotic, to wit: hashish.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence a record of
conviction in the Criminal Court, Kings County, City of New York
for possession of drugs.
In defense, Appellant made an unsworn statement. 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. He then entered an
order revoking all documents issued to Appellant. | Appeal No. 1899 | Suspension and Revocation Appeals Authority | 12/5/1972 | 12/5/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1900 - ORKWISZEWSKI | By order dated 11 June 1970, an Administrative Law Judge of
the United States Coast Guard at Philadelphia, Pennsylvania,
suspended Appellant,' seaman's documents for two months out-right
plus three months on twelve months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a wiper on board SS COMMANDER under authority of
the document above captioned, on or about 17 May 1968, Appellant,
while the vessel was at the Foreign Port of Amsterdam,
1) wrongfully created a disturbance in the crew's messroom;
2) wrongfully assaulted and battered the Chief Engineer; and
3) wrongfully used threatening words to a fellow crewmember,
Able Seaman Edwin Davis. On the first day of the hearing, Appellant appeared, but his
attorney did not. The Administrative Law Judge entered a plea of
not guilty to the charge and each specification.
The Investigating Officer introduced in evidence testimony by
the Chief Engineer and Able Seaman Edwin Davis with the stipulation
that Appellant's attorney would be furnished a transcript of this
testimony and an opportunity to cross-examine at a later date.
In defense, Appellant offered no evidence. The Administrative
Law Judge adjourned the hearing instructing him to maintain contact
with his attorney and the Investigating Officer. He did not do so
and approximately one year later, a registered letter to his last
known address having returned marked "addressee unknown", the
hearing continued in absentia at the Investigating Officer's
urging. The Investigating Officer introduced in evidence the
returned registered letter, a letter from Appellant's attorney
stating that he no longer represented Appellant, and a certified
extract from the official log book of COMMANDER. | Appeal No. 1900 | Suspension and Revocation Appeals Authority | 12/14/1972 | 12/14/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1901 - MILLY | By order dated 11 May 1970, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct.The specification found proved alleges that while
serving as a deck steward on board SS MARIPOSA under authority of
the document above captioned, on or about 22 May 1970; at Suva,
Fiji, wrongfully engaged in an unnatural sex act with a male of
minor age.
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 MARIPOSA, a judgment of conviction in a Fiji court, and
the testimony of a witness. In defense, Appellant offered in evidence his own testimony.
Although the Administrative Law Judge's decision states that
Appellant testified in his own behalf, the record shows that
Appellant was permitted to testify on the limited issue of "due
process" in the Fiji court and that cross-examination on the merits
was not permitted.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1901 | Suspension and Revocation Appeals Authority | 12/26/1972 | 12/26/1972 | | 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 | 1903 - MCMARRAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 January 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for six months outright plus six
months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as A.B., on board SS MORMACRIO under authority of the
document above captioned, Appellant:
(1) on 17 October 1969 did wrongfully assault and batter a
fellow crewmember, while the vessel was at sea;
(2) on 22 October 1969 did wrongfully fail to obey a lawful
order of the Chief Mate, to present the "Medical Report
of Duty Status" form at Baltimore, Maryland; and
(3) on 23 October 1969 did wrongfully desert the vessel at
Baltimore, Maryland, after being ordered to remain aboard by the Chief Mate.
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 excerpts from
the vessel's shipping articles and official log and testimony by
the Master and four crewmembers.
In defense, Appellant offered in evidence his own testimony,
notes of the Investigating Officer, the "Medical Report of Duty
Status" form, and a clinical abstract from USPHS Hospital,
Baltimore, Maryland. | Appeal No. 1903 | Suspension and Revocation Appeals Authority | 12/29/1972 | 12/29/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1904 - JOHNSON | By order dated 23 July 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an Ordinary Seaman on board the
SS HANS ISBRANDTSEN under authority of the document above
captioned, on or about 10 February 1969, Appellant, while the
vessel was in the port of Singapore:
(1) was wrongfully unable to perform his assigned duties by
reason of intoxication;
(2) did wrongfully urinate in the passageway outside the 4-8
Ordinary Seaman's forecastle; and
(3) did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
first specification and not guilty to the second and third
specifications.
The Investigating Officer introduced in evidence a Consular
Report with attachments and depositions of the victim and six other
crewmembers.
In defense, Appellant offered in evidence his testimony, his
military record, photographs of his room, a letter from his
attorney to the Singapore Police, two letters written by Appellant
and the receipt for a fine paid to the Singapore Police. | Appeal No. 1904 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1905 - FOOTE | By order dated 10 June 1971, an Administrative Law Judge of
the United States Coast Guard at Portland, Oregon, 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 on or about 16 September
1970, Appellant was convicted in the Superior Court of the State of
Oregon of violation of a narcotic drug law of that State.
The Investigating Officer produced, and the Administrative Law
Judge entered into the record a certified record of the Oregon
court.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved by plea. The Administrative Law
Judge then entered an order revoking all documents issued to Appellant.
The entire decision was served on 15 June 1971. Appeal was
timely filed. | Appeal No. 1905 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |