| Suspension and Revocation Appeals Authority | 1906 - HERNANDEZ | 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 14 June 1971, 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 specifications found proved alleges that while
serving under authority of the captioned documents on or about 12
November 1969, Appellant wrongfully did have in his possession
925.5 grams (approximately 2 lbs.) of hashish (cannabis sativa) on
12 November 1969 at Port Newark, New Jersey.
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 a certified
extract of shipping articles, a certified copy of a U.S. Customs
Laboratory Report, the testimony of two (2) customs special agents and the testimony of a chemist.
In defense, Appellant offered his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1906 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1907 - O'CONNOR | United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
negligence. The specifications found proved allege that while
serving as a Third Assistant Engineer on board the United States
SS U.S. ADVENTURER under authority of the document and license
above captioned, on or about 26 January 1968, Appellant:
(1) left his assigned engineroom watch without relief and
retired to his bunk;
(2) while on watch became intoxicated to the extent that he
was unable to perform his assigned duty; and
(3) by absenting himself from his assigned duties
contributed to a casualty to the vessel's port boiler.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of two engineering officers.
There was no defense. | Appeal No. 1907 | Suspension and Revocation Appeals Authority | 1/30/1973 | 1/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1908 - NEILSON | By order dated 15 September 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. the specification found proved alleges that while
serving as a Second Steward on board the SS SANTA MERCEDES under
authority of the document above captioned, on or about 21 November
1970 while the vessel was at sea, Appellant did wrongfully molest
a minor male passenger, by applying an electric vibrator to his
person, while engaging him in conversation about sexual matters.
Appellant failed to appear at the first two sessions of the
hearing. At the third session, Appellant appeared and elected to
act as his own counsel. He entered a plea of not guilty to the
charge and specification. He also appeared at the fourth and fifth
sessions, but not the sixth and the final sessions.
The Investigating Officer introduced in evidence testimony of another passenger, and a certified extract from the shipping
articles of the vessel.
In defense, Appellant offered in evidence a letter from the
National Maritime Union. No formal defense was presented.
Appellant failed to appear at four of the seven sessions of the
hearing.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1908 | Suspension and Revocation Appeals Authority | 2/7/1973 | 2/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1909 - MINSTER | By order dated 21 March 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of misconduct. the specification
found proved alleges that while serving as a wiper on board the
United States SS GREEN LAKE under authority of the document above
described, on or about 21 January 1971, appellant did wrongfully
embezzle certain stores of the said vessel while said vessel was in
the port of Kaohsiung, Taiwan.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents, issued to
Appellant, for a period of six months on 12 months' probation. | Appeal No. 1909 | Suspension and Revocation Appeals Authority | 2/27/1973 | 2/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1910 - HINDS | By order dated 9 September 1971, an Administrative Law Judge
of the United States Coast Guard at San Diego, California,
suspended Appellant's license for six months on 12 months'
probation upon finding him guilty of violation of a statute. The
specifications found proved alleges that while serving as a master
on board the United States fishing vessel CRUSADER under authority
of the license above captioned, on or about 2 July 1971 to 25
August 1971, Appellant did wrongfully employ or engage to perform
the duties of mate aboard the CRUSADER, a fishing vessel of 217
gross tons, a person or persons not licensed to perform such duties
in violation of 46 U.S.C. 224a (R.S. 4438a) for a fishing voyage on
the high seas which began at San Diego, California, and terminated
upon sinking of the vessel.
At the hearing, Appellant was represented by nonprofessional
counsel. Appellant entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence documentary
evidence and testimony of witnesses.
In defense, Appellant offered in evidence his own testimony
and that of other witnesses.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all licenses, issued to Appellant for a period of six months on 12
months' probation. | Appeal No. 1910 | Suspension and Revocation Appeals Authority | 3/16/1973 | 3/16/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1911 - GEESE | By order dated 2 September 1971, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
admonished Appellant upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an able
seaman on board the SS AMERCREST under authority of the document
above captioned, on or about 9 June 1970, while the vessel was at
sea Appellant wrongfully addressed the Second Mate with foul and
abusive language.
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 extracts from
the official logbook of the vessel and testimony by the Second Mate
and Able Seaman Ruth. In defense, Appellant offered in evidence written statements
and oral testimony by himself and Able Seaman Rogers.
On 2 September 1971, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and the
above specification had been proved and he served a written order
on Appellant admonishing him. | Appeal No. 1911 | Suspension and Revocation Appeals Authority | 3/16/1973 | 3/16/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1912 - RICHARD | By order dated 22 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 on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Third
Assistant Engineer on board the SS U.S. PILOT under authority of
the document and license above captioned, on or about 31 July 1969,
while the vessel was at Stockton, California, Appellant did
wrongfully create a disturbance in the vessel's saloon mess by
directing abusive language towards a fellow crewmember and
physically grabbing and manhandling said crewmember.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence testimony of
the victim, the master, and two other eyewitnesses.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
the above specification had been proved. However, he reserved
decision on another specification. He subsequently found this
latter specification unproven and served a written order on
Appellant suspending all documents issued to him for a period of
three months on six months' probation. | Appeal No. 1912 | Suspension and Revocation Appeals Authority | 3/21/1973 | 3/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1915 - GAINES | By order dated 20 Sept 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., suspended
Appellant's seaman's documents for one month on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Radio Officer on board
the United States SS DEL ORO under authority of the captioned
documents on or about 9 August 1971, Appellant wrongfully failed to
attend a boat drill.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records and the testimony of the Master and Chief Mate. The Administrative Law Judge introduced in evidence a Station Bill
Card.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant suspending all documents, issued to him for a period of
one month on twelve months' probation. | Appeal No. 1915 | Suspension and Revocation Appeals Authority | 3/26/1973 | 3/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1913 - GOLDING | By order dated 12 May 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida, after a hearing
held at Miami, suspended Appellant's seaman's documents for four
months outright plus four months on eighteen months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board M/V JUNGLE QUEEN II
under authority of the license above captioned, on or about 21
March 1971, Appellant "wrongfully failed to insure that the vessel
was properly prepared to sail; to wit: That you got the vessel
underway with a mooring line made fast to the pier resulting in
failure of mooring devices causing personal injuries to three of
the passengers on board the vessel."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. personal injury and the testimony of four witnesses.
In defense, Appellant offered in evidence his own testimony.
Without objection the Administrative Law Judge took a view of
the vessel.
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
suspending all documents issued to Appellant for a period of four
months outright plus four months on 18 months' probation. | Appeal No. 1913 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1914 - ESPERANZA | By order dated 1 March 1972, an Administrative Law Judge of
the United States Coast Guard at New York, N. Y., admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a Second
Pumpman on board the United States SS MARYLAND TRADER under
authority of the document above described, on or about 2 February
1972, Appellant wrongfully refused to obey a lawful command of the
Second Assistant Engineer not to use a torch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the affidavit
of service and voyage records from the SS MARYLAND TRADER.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant admonishing Appellant. | Appeal No. 1914 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1916 - MCGOWAN | By order dated 28 January 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
plus three months on six months' probation upon finding him guilty
of misconduct. The specifications found proved alleges that while
serving as able seaman on board the United States SS GREEN LAKE
under authority of the document above captioned, on or about 17
October 1969, Appellant was wrongfully absent without leave on
numerous occasions, failed to perform on one occasion, and failed
to join vessel; all while in Okinawa.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of the SS GREEN LAKE. There was no defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
fourteen specifications had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of three months outright plus three months on six months'
probation. | Appeal No. 1916 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1918 - STUART | By order dated 26 March 1970, an Administrative Law Judge of
the United States Coast Guard at New York, New York revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, holder of the
document above captioned, was on 19 March 1969 convicted by a court
of record at Balboa, Canal Zone, for violation of a narcotic drug
law of the zone, possession of marijuana.
At the hearing, Appellant was represented by Professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence records of
the Magistrate's Court of Balboa, Canal Zone.
In defense, Appellant offered no evidence. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1918 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1917 - RAY | By order dated 4 October 1971, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's seaman's documents for four months outright plus four
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an able bodied seaman on board the United States NS
COSSATOT under authority of the document above described, on or
about 28 August 1970, Appellant wrongfully failed to join said
vessel at Naples, Italy.
At the hearing, Appellant failed to appear, therefore the
hearing proceeded in absentia. A plea of not guilty was entered to
the charge and specification on behalf of the Appellant.
The Investigating Officer introduced in evidence the original
signed copy of the "Advice to Person Charged" provided Appellant,
an extract of the shipping articles, and a certified copy of page 36 of the official logbook.
Since Appellant did not appear, there was no defense.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
the entered an order suspending all documents issued to Appellant,
for a period of four months outright plus four months on 18 months'
probation. | Appeal No. 1917 | Suspension and Revocation Appeals Authority | 3/31/1973 | 3/31/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1919 - ARCHIE | By order dated 3 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon findings him guilty of the
charge of "charge of "conviction for a narcotic drug law
violation." The specification found proved alleges that while the
holder of U.S. Merchant Mariner's Document above described, on or
about 23 December 1969, Appellant was convicted by the Superior
Court, in and for the County of Los Angeles, State of California,
a court of record, for violation of a Narcotic Drug Law, to wit:
Violation of Section 11530 of the Health and Safety Code of the
State of California; to wit: possession of marijuana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of court records from the Superior Court of Los Angeles County, California.
In defense, Appellant offered in evidence certified copies of
the arrest report and the preliminary hearing transcript from the
above court and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him. | Appeal No. 1919 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1920 - CESSFORD | By order dated 9 November 1970, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's seaman's documents for eight months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a deck utility on board the SS JEAN
LYKES under authority of the document above captioned, Appellant:
(1) on or about 3 July 1969, did wrongfully have intoxicants
in his possession while the vessel was at Baton Rouge,
Louisiana; and
(2) on or about 5 July 1969, did wrongfully fail to perform
his assigned duties while the vessel was at New Orleans,
Louisiana;
and while serving as an Able Bodied Seaman on board the SS EAGLE
TRANSPORTER under authority of his duly issued document, Appellant: (3) on or about 5 September 1968, did wrongfully fail to join
said vessel at Sattahip, Thailand;
(4) on or about 17 September 1968, did wrongfully fail to
perform his assigned duties while the vessel was at
Bahrain; and
(5) on or about 9 October 1968, did wrongfully fail to join
said vessel at Sattahip, Thailand.
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 shipping articles and official logs of the SS JEAN LYKES and
the SS EAGLE TRANSPORTER.
In defense, Appellant offered in evidence three letters from
defense counsel and two medical reports.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and all five
specifications had been proved. He then served a written order on
Appellant suspending all documents issued to him for a period of
eight months outright. | Appeal No. 1920 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1921 - WIGREN | By order dated 15 October 1969, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., suspended
Appellant's seaman's documents for 12 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler on board the United States SS RAMBAM
under authority of the document above described, on or about 22,
23, 24, 25, 26, and 27 August 1969 while said vessel was at the
port of Inchon, Korea, Appellant wrongfully failed to perform his
assigned duties.
At the hearing, Appellant failed to appear. A plea of not
guilty to the charge and specification was entered on behalf of
Appellant.
The Investigating Officer introduced in evidence certified
copies from the ship's logbook and the Shipping Articles.
Since Appellant failed to appear there was no defense. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents, issued to
appellant, for a period of 12 months outright. | Appeal No. 1921 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1923 - ADAMS | By order dated 14 January 1971, an Administrative Law Judge 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 an oiler on board the United States SS SILVER DOVE under
authority of the document above described, on or about 30 November
1970 and 1, 2 and 4 December 1970 Appellant wrongfully absented
himself from his vessel and duties without permission.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
voyage records of the SILVER DOVE. Because of Appellant's absence,
nothing was offered in defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order suspending all documents issued to Appellant, for
a period of six months outright plus six months on 12 months'
probation. | Appeal No. 1923 | Suspension and Revocation Appeals Authority | 4/26/1973 | 4/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1922 - BEATON | By order dated 28 October 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months plus six
months on six months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an able seaman on board the SS TRANSERIE under authority
of the document above captioned, Appellant:
(1) on 24 June 1969 wrongfully failed to join the vessel at
Manila, P.R.;
(2) on 3 and 4 July 1969 wrongfully failed to perform duties
at Keelung, Taiwan; and
(3) on 17 August 1969, failed to perform duties both at Da
Nang, RVN, and at sea. At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of the SS TRANSERIE.
There was no defense.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. He then entered an order
suspending all documents issued to Appellant for a period of six
months plus six months on six months' probation. | Appeal No. 1922 | Suspension and Revocation Appeals Authority | 4/27/1973 | 4/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1924 - MACDONALD | By order dated 26 October 1970, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for nine months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a fireman/watertender on board the SS TRANSPACIFIC
under authority of the document above captioned, on or about 23,
24, 25, 26 and 27 May 1970, Appellant failed to perform duties by
reason of intoxication at Manila, P.R.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of TRANSPACIFIC and a deposition of a witness.
There was no defense. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of nine months. | Appeal No. 1924 | Suspension and Revocation Appeals Authority | 5/3/1973 | 5/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1926 - BENSON | By order dated 5 April 1971, an Administrative Law Judge of
the United States Coast Guard at Detroit Michigan, suspended
Appellant's license for ten days outright plus twenty days on nine
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as pilot
under authority of the license above captioned, Appellant
(1) On board the Liberian M/V TROPICAL
PLYWOOD, on or about 11 June 1970, did direct
the navigation of said vessel at a speed in
excess of 10 m.p.h. over the bottom in the St.
Clair River in violation of the speed limit
prescribed by the U.S. Army Corps of Engineers
under the authority of 33 CFR 207.510 (d) (4)
and made effective through publication in
Notice to Mariners NCELO-O dated 13 August
1969 by the District Engineer, Detroit
District; and (2) On board the Norwegian M/V NORSE
TRANSPORTER, on or about 19 June 1970, did
direct the navigation of said vessel at a
speed in excess of 10 m.p.h. over the bottom
in the St. Clair River in violation of the
speed limit prescribed by the U.S. Army Corps
of Engineers under the authority of 33 CFR
207.510 (d) (4) and made effective through
publication in Notice to Mariners NCELO-O
dated 13 August 1969 by the District Engineer,
Detroit District.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and each
specification. | Appeal No. 1926 | Suspension and Revocation Appeals Authority | 5/15/1973 | 5/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1927 - SAVAGE | By order dated 15 October 1971, an Administrative Law Judge 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 a Galley
Utilityman on board the United States SS HOPE under authority of
the document above captioned, on 7 March 1971, Appellant did, while
said vessel was in Kingston, Jamaica, wrongfully fail to turn to on
time, and did on 9 April 1971, while said vessel was in Kingston,
Jamaica, fail to take his regularly assigned fire and lifeboat
stations.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence abstracts of
the shipping articles and pertinent Records of Official Logbook Entries, all certified under Consular Seal.
In defense, Appellant offered no evidence.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specifications had been proved. The Administrative Law Judge
entered an order suspending all documents, issued to Appellant, for
a period of two months on nine months' probation. | Appeal No. 1927 | Suspension and Revocation Appeals Authority | 5/15/1973 | 5/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1925 - ABBOTT | By order dated January 1971, an Administrative Law Judge of
the United States Coast guard at New York, New York, suspended
Appellant's license for three months outright upon finding him
guilty of two charges of negligence. the first charge of
negligence found proved is supported by two specifications, the
first of which alleges that the Appellant, while serving as Master
aboard the SS PONCE DE LEON on 8 March 1969, while enroute Pier 13,
Staten Island, New York, from sea in the Verrazano Narrows Bridge
wrongfully did fail to navigate with due caution as the burdened
vessel by failing to keep out of the way of the SS HONG KONG
MERCHANT in a crossing situation in violation of Rules 19 and 22 of
the Inland Rules of the Road. The second specification under the
first charge alleges that Appellant on that same date, in that same
location, failed to navigate on the starboard side of the channel
until the channel was clear for a safe crossing, and therefore
contributed to a collision between his vessel and the SS HONG KONG
MERCHANT. The second charge of negligence is supported by a single
specification which alleges that the Appellant on 24 March 1969
while Master of the SS PONCE DE LEON when that vessel was departing
San Juan Harbor failed to determine the ship's position before
making a left turn into the Graving Dock Channel thereby grounding
his vessel in the vicinity of Puerto Neuvo Channel Light 3
(LL-1305). | Appeal No. 1925 | Suspension and Revocation Appeals Authority | 5/17/1973 | 5/17/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1928 - VIRDEN | By order dated 23 July 1970, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's documents for three months outright upon
finding him guilty of negligence. The specifications found proved
allege that while serving as Chief Engineer on board the SS OBERLIN
VICTORY under authority of the license above described, Appellant:
(1) failed to take appropriate action, during the period
between 6 June and 20 June 1969, to correct excessive
boiler feed water salinity which resulted in tube rupture
in the starboard boiler on or about 20 June 1969; and
(2) failed to take appropriate action, during the period
between 6 June and 27 June 1969, to correct excessive
boiler feed water salinity which resulted in excessive
damage to the vessel's port boiler and other machinery on
or about 27 June 1969. At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the vessel's
engineroom log and "Drew Log," a victory ship boiler operation and
maintenance manual, a Drew boiler water treatment chart, lab test
results on the boiler scale, the deposition of the vessel's Second
Assistant Engineer and oral testimony by the First and Third
Assistant Engineers, a Coast Guard Marine Inspector and an American
Bureau of Shipping surveyor. | Appeal No. 1928 | Suspension and Revocation Appeals Authority | 5/22/1973 | 5/22/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1929 - JAVIER | By order dated 18 June 1970, an Administrative Law Judge 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 an oiler on board SS FRONTENAC VICTORY
under authority of the document above captioned, on or about 6
August 1968, Appellant, at San Francisco, California:
(1) wrongfully used abusive language to an officer of the
United States Coast Guard, LTJG David B. Weiner, in the
performance of his duties; and
(2) wrongfully assaulted a member of the Coast Guard, Chief
Petty Officer R. J. Collins, in the performance of his
duties.
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 FRONTENAC VICTORY and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
After the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. The Judge then entered an
order suspending all documents issued to Appellant for a period of
three months. | Appeal No. 1929 | Suspension and Revocation Appeals Authority | 5/22/1973 | 5/22/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1931 - POLLARD | By order dated 10 November 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Virginia, revoked
Appellant's seaman documents outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Cook on board the United States N. S. MAUMEE
under authority of the document above captioned, on or about 20
August 1971, Appellant did wrongfully assault and batter another
crewmember with a dangerous weapon; to wit, a knife, resulting in
injury to that crewmember.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence documentary
evidence and the testimony of witnesses. | Appeal No. 1931 | Suspension and Revocation Appeals Authority | 5/23/1973 | 5/23/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1932 - KEATING | By order dated 26 October 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as a Fireman/Watertender on board the United States SS
OVERSEAS EXPLORER under authority of the document above described,
on or about 15 July 1970, Appellant did:
(1) wrongfully fail to perform his assigned duties from 1600
to 2400 hours;
(2) wrongfully absent himself from the vessel without
permission;
(3) wrongfully assault the Chief Officer, Norman
Namenson; and
(4) wrongfully assault and batter with a deadly weapon, to
wit; a piece of steel rod, Radio Officer Billy G.
Crawford, and did injure said officer.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records from the OVERSEAS EXPLORER, a steel rod, and the testimony
of several witnesses.
In defense, Appellant offered in evidence the testimony of a
witness.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and each specification had been proved. The Administrative Law
Judge then entered an order revoking all documents. | Appeal No. 1932 | Suspension and Revocation Appeals Authority | 5/23/1973 | 5/23/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1934 - FLEMMINGS | By order dated 12 October 1972, an Administrative Law Judge 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 a Fireman/Watertender on board the SS ALBANY under
authority of the document above described, on or about 26 September
1972, Appellant was wrongfully in possession of a controlled
substance, to wit, marihuana while the vessel was in the port of
Seattle, Washington.
At the hearing, Appellant did not appear, and the hearing was
held in absentia. A plea of not guilty to the charge and
specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles, the testimony of three customs officials and
a chemist who analyzed the marihuana, and a chain of custody for the marihuana.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant. | Appeal No. 1934 | Suspension and Revocation Appeals Authority | 6/5/1973 | 6/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1935 - WOODS | By order dated 21 May 1971, 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 specifications found proved allege and while
serving as Chief Steward on board the SS OVERSEAS DINNY under
authority of the document above captioned, Appellant:
(1) on or about 27 November 1968, while the vessel was in the
port of Oakland, did wrongfully engage in acts of sexual
perversion with a member of the crew; and
(2) between 18 and 27 November 1968 inclusive, while said
vessel was at sea and in port, did wrongfully engage in
acts of sexual perversion with two other crewmembers.
At the hearing, Appellant was represented by professional
counsel who entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence extracts from
the Shipping Articles and the Official Logbook of the vessel and
the testimony of five members of the crew.
In defense, Appellant offered no evidence.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and both
specifications had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1935 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1936 - VARGAS | By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for one month outright plus three
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Passenger Room Steward on board the SS PRESIDENT
JACKSON under authority of the document above captioned, on or
about 22 January 1972, Appellant did engage in mutual combat with
crewmember Victor Weddington.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Ship's Log, a statement made by
Victor Weddington and a deposition of Pennsylvania Curry. In defense, Appellant offered in evidence certain medical
reports and records and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and first specification had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of one month outright plus three months on
12 months' probation. | Appeal No. 1936 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1937 - BISHOP | By order dated 6 December 1971, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 6 months outright upon finding
him guilty of negligence. The specification found proved alleges
that while serving as Chief Mate on board the SS MOBIL LUBE under
authority of the license above captioned, on or about 20 November
1971, Appellant negligently conducted a damage survey, in that he
reported "no damage", when in fact, the stem of the vessel was
holed in the Bos'n's Storeroom.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence extracts from
the bell book and the rough deck log of the vessel, some
photographs and the testimony of the master and the Second Mate. In defense, Appellant offered in evidence a drawing, some
photographs and the testimony of a crewmember and himself.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He later entered an order
suspending all documents issued to Appellant for a period of 6
months outright. | Appeal No. 1937 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1938 - RODRIGUEZ | By order dated 15 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 4 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an A.B. on board the SS COPPER STATE under
authority of the document above captioned, on or about 22 June 1970
Appellant did create a disturbance aboard ship due to intoxication.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the vessel's shipping article and official log, answers to written
interrogatories submitted to the Second Mate and certified copies
of written statements of eight crewmembers. In defense, Appellant offered in evidence his own testimony
and answers to cross-examination interrogatories submitted to the
Second Mate.
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
suspending all documents, issued to Appellant, for a period of four
(4) months outright. | Appeal No. 1938 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1939 - BRUSH | By order dated 12 January 1971, an Administrative Law Judge of
the United States Coast guard at Mobile, alabama, suspended
appellant's license for one month plus two months on twelve month'
probation upon finding him guilty of inattention to duty. The
specification found proved alleges that while serving as Master of
SS RACHEL V under authority of the license above captioned, on or
about 7 December 1970, Appellant, while the vessel was navigating
in the vicinity of DAVAO CITY, Phillipine Islands, failed to
exercise proper supervision over the movements of the vessel
thereby contributing to a collision between the vessel and a pilot
boat.
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 the Second Mate of the vessel, a report of accident filed by
Appellant, and voyage records of RACHEL V.
In defense, Appellant made an unsworn statement.
At the end of the hearing, the Administrative Law Judge
rendered on oral decision in which he concluded that the charge and
specification had been proved. The Judge then entered an order
suspending Appellant's license for a period of one month plus two
months on twelve months' probation. | Appeal No. 1939 | Suspension and Revocation Appeals Authority | 6/10/1973 | 6/10/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1940 - HUDDLESTON | By order dated 26 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman's documents for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Night Engineer on board the SS STEEL
ADVOCATE under authority of the license above captioned, on or
about 17 June 1972, Appellant, while the vessel was in the port of
New Orleans, Louisiana, wrongfully failed to properly supervise the
engineering watch by permitting the boiler to be fired with
insufficient water, thereby contributing to the cause of extensive
damage to the port boiler.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence an extract
from the vessel's engine room log book and the testimony of the
Chief Engineer and the fireman/water-tender who was on watch at the
time of the casualty.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order suspending all
document issued to appellant for a period of three months outright. | Appeal No. 1940 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1941 - VELEZ | By order dated 18 May 1972, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Crew
Pantryman on board the SS BEAUREGARD under authority of the
document above captioned, on or about 23 February 1972, Appellant
did wrongfully fail to join said vessel upon her departure from
DaNang, Vietnam.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the official ship's log, and the
testimony of the Master. In defense, Appellant offered in evidence his own testimony
and a letter and memorandum from the Consulate in DaNang, Republic
of Vietnam.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of 2 months outright plus 2 months on 12 months's
probation. | Appeal No. 1941 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1942 - ACEVEDO | By order dated 21 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for 5 months outright plus 3 months
on 12 months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an Able
Bodied Seaman on board the SS AMERICAN LYNX under authority of the
document above captioned Appellant:
(1) on or about 2 January 1970, did wrongfully use
disrespectful language toward the Second Mate while the vessel was
departing the port of Baltimore;
and that, while so serving, on or about 13 January 1970, while
the vessel was maneuvering in the confined water of Tilbury Docks, London, Appellant did
(2) wrongfully damage the ship's property, to wit; the antenna
of the after docking station walkie-talkie;
(3) wrongfully fail to obey a direct order of the Third Mate
to leave the after docking station and go to his room; and
(4) wrongfully interfere with the safe navigation of the
vessel by causing the Chief Mate to leave the bridge and escort him
from the after docking station to his room.
At the hearing, Appellant was represented by professional
counsel who entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence various
exhibits and the testimony of the Master, Second Mate and Third
Mate of the vessel. | Appeal No. 1942 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1943 - MILLAR | By order dated 4 May 1971, Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as Chief Mate on board the SS TRANSHURON
under authority of the license above described, on or about 10
November 1970, Appellant wrongfully pumped oily ballast from said
into the navigable waters of the United States, to wit, the Corpus
Christi Channel, thereby causing pollution of said waters.
At the hearing, Appellant was represented by professional
counsel, though not of his choice. Appellant entered a plea of not
guilty to the charge and specification.
The Investigating Officer introduced in evidence some water
samples, three radio messages and the testimony of three witnesses. In defense, Appellant offered in evidence the testimony of two
witnesses.
The Administrative Law Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He entered an order suspending Appellant's license for a
period of three months on 12 months' probation. | Appeal No. 1943 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1944 - HAYNIE | By order dated 30 November 1971, an Administrative Law Judge
of the united States Coast Guard at Portsmouth, Virginia suspended
Appellant's license for 2 months on 6 months' probation upon
finding him guilty of violation of a statute and misconduct. The
specifications found proved allege that while serving as Master on
board the United States Fishing Vessel ALLEN W. HAYNIE under
authority of the license above captioned, on or about 7 January
1970, Appellant wrongfully violated Title 46, U. S. Code, Section
391a(4) in that the vessel carried onboard while underway a
combustible liquid cargo in bulk; to wit, about 580 long tons of
fish oil without a valid U. S. Coast Guard Certificate of
Inspection having been issued to said vessel, and wrongfully
violated Title 46, U. S. Code, Section 325, in that the vessel was
employed in a trade other than that for which she was licensed; to
wit, transporting a cargo of bulk liquid fish oil from North
Carolina to New Jersey. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to each charge and
each specification.
The Investigating Officer introduced in evidence documents
pertaining to the vessel, a report of vessel casualty or accident,
and an analysis report of crude Menhaden oil.
In defense, Appellant offered in evidence his own testimony
and that of several witnesses and an analysis report on crude
Menhaden oil.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charges
and specifications had been proved. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of 2 months on 6 months' probation. | Appeal No. 1944 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1945 - PAPALIOS | By order dated 4 May 1971, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as Master on board the SS TRANSHURON
under authority of the license above described, on or about 10
November 1970, Appellant wrongfully and knowingly permitted ballast
containing an oily substance to be pumped from said vessel into
navigable waters of the United States, to wit, the Corpus Christi
Channel, thereby causing pollution of said waters.
At the hearing, Appellant was represented by professional
counsel, though not of his choice. Appellant entered a plea of not
guilty to the charge and specification.
The Investigating Officer introduced in evidence some water
samples, three radio messages and the testimony of three witnesses. In defense, Appellant offered in evidence the testimony of two
witnesses.
The Administrative Law Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He entered an order suspending Appellant's license for a
period of three months on 12 months' probation. | Appeal No. 1945 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1933 - HERRING | By order dated 26 February 1971, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's licenses for three months outright
upon finding him guilty of negligence. The specifications found
proved allege that while serving as pilot on board the Japanese M/V
SUWA MARU #37 under authority of the license above captioned, on or
about 17 July 1969, Appellant:
(1) negligently failed to navigate "said vessel" in a
cautious and prudent manner "notwithstanding the presence
of the M/V KOLO which was also being navigated outbound
ahead of said vessel," and
(2) negligently failed to maintain a proper lookout aboard
SUWA MARU #37.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses who were aboard KOLO.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 1933 | Suspension and Revocation Appeals Authority | 6/15/1973 | 6/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1951 - GUTZMER | By order dated 26 February 1970, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's Seaman's documents upon finding him guilty of
misconduct and incompetence. The specifications found proved
allege that while serving as a Galleyman on board the SS PARISMINA
under authority of the document above captioned, on or about 13
September 1968, while said vessel was at Cam Rahn Bay, R. V. N.,
Appellant:
(1) did wrongfully assault a fellow crewman with a dangerous
weapon, to wit, he approached the Steward's Utilityman in a
passageway aboard said ship with a knife in his hand threatening to
use said knife upon him (misconduct);
(2) did wrongfully threaten such fellow crewmember aboard
said vessel, to wit, he threatened to cut him with a knife and kill
him (misconduct); (3) did wrongfully refuse to obey the order of the Master to
go to his room (misconduct);
(4) did assault a fellow crewmember aboard said vessel with
a dangerous weapon, thereby demonstrating a propensity to endanger
fellow crewmembers, rendering him incompetent to serve on U.S.
merchant vessels (incompetence);
and that while serving as a Messman on board the SS AMERICAN
RELIANCE under authority of the document above captioned, on or
about 22 December 1968, while said vessel was at Saigon, R. V. N.,
Appellant:
(5) did wrongfully assault and batter a fellow crewmember
with a dangerous weapon, to wit, he assaulted and struck Alan R.
Foshee with a dogging wrench on board said vessel (misconduct); and
(6) did assault and batter a fellow crewmember with a
dangerous weapon aboard said vessel, thereby demonstrating a
propensity to endanger fellow crewmembers, rendering him
incompetent to serve on U. S. Merchant vessels.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications, with the exception of (3) and (5) above to which he
pleaded guilty. | Appeal No. 1951 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1947 - QUARRY | By order dated 13 January 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's license for 3 months on 12 months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as a Pilot on board the SS ESSO
GETTYSBURG under authority of the license above captioned, on or
about 23 January 1971 Appellant did fail to ascertain the vessel's
correct position, thus contributing to the grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the Ship's Official Log and Bell Book, various documentary evidence
pertaining to the Main Channel, New Haven Harbor, the testimony of
an officer assigned to the Coast Guard Merchant Marine Inspection Detachment, New London, Connecticut, and the testimony of other
parties aboard the vessel at the time of the grounding.
In defense, Appellant offered in evidence Coast Guard Aid to
Navigation Work Reports and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending Appellant's
license for 3 months on 12 months' probation. | Appeal No. 1947 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1948 - BONVILLIAN | By order dated 28 May 1971, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas suspended Appellant's
seaman documents for three months on twelve months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as Third Assistant Engineer on board SS
GREEN COVE under authority of the document and license above
captioned, Appellant on or about 13 September, 29 October, 1 and 2
November, 25, 26, 27, 28, 29, 30, and 30 (Date Line Day) November,
and 1, 2, and 3 December 1970, failed to perform his assigned
duties, and, on or about 29 October 1970, wrongfully had in his
quarters a quantity of liquor.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence voyage
records of GREEN COVE.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. He then entered an order
suspending all documents issued to Appellant for a period of three
months on twelve months' probation. | Appeal No. 1948 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1949 - BECK | 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 8 May 1972, an Administrative Law Judge of the
United States Coast Guard at Baltimore, Maryland suspended
Appellant's license and seaman's documents for 18 months outright
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as a Third Assistant Engineer on
board SS AFRICAN METEOR under authority of the license above
described, Appellant:
(1) did on 18 February 1972 wrongfully fail to perform
assigned duties from 0400 to 0800 and from 1600 to 2000 while said
vessel was at sea;
(2) did on 19 February 1972 wrongfully fail to perform
assigned duties from 0400 to 0800 and from 1600 to 2000 while said
vessel was at sea; and (3) did on 19 April 1972 wrongfully fail to join said vessel
upon departure from Baltimore, Maryland.
Appellant did not appear at the hearing and the hearing was
held in absentia. A plea of not guilty to the charge and each
specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the Official Ship's Log, and Certificate
of Discharge issued to Appellant.
No evidence was entered on behalf of Appellant.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and all specifications had been proved. The Administrative Law
Judge then entered an order suspending the license and all
documents, issued to Appellant, for a period of 6 months outright
plus effecting a prior 12 month suspension for violation of
probation. | Appeal No. 1949 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1950 - JOHNSON | By order dated 28 February 1972, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug violation." The
specification found proved alleges that on or about 10 January
1972, Appellant was convicted for violation of a narcotic drug law,
to wit, importing into the U.S. hashish in violation of 21 U.S.C.
960(a)(1), 952(a).
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence record of
conviction by Federal District Court for the Central District of
California.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him.
The entire decision was served on 29 February 1972. Appeal
was timely filed on 14 March 1972. | Appeal No. 1950 | Suspension and Revocation Appeals Authority | 6/19/1973 | 6/19/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1952 - AXEL | By order dated 3 August 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month on six months
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Wiper on board the SS
STEEL MAKER under authority of the document above described, on or
about 29 May 1972, Appellant assaulted the Chief Engineer with a
chair.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the shipping articles and the official ship's log and the testimony
of the Chief Engineer and the Third Mate. In defense, Appellant offered in evidence copies of medical
reports and the testimony of the Saloon Messman and himself.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and one specification had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of one month on six months' probation.
The entire decision was served on 15 August 1972. Appeal was
timely filed on 21 August 1972. | Appeal No. 1952 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1953 - GRIFFIN | By order dated 9 June 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an Able Bodied Seaman on board the SS AMOCO VIRGINIA
under authority of the document above captioned, on or about 7 June
1972 Appellant did assault and batter with a fireaxe handle
crewmember Thomas R. Casey.
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 excerpts from
the shipping articles and official ship's log, a medical bill and
the testimony of Third Mate, James Pennino, and Thomas R. Casey. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order revoking
all documents, issued to Appellant.
The entire decision was served on 5 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1953 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1968 - JOHNSON | By order dated 25 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's license for one month outright plus two months on 12
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a Pilot on
board the Tankship F. L. HAYES under authority of the license above
captioned, on or about 3 January 1972 Appellant at about 1530
committed said vessel to an unsafe meeting situation with the M/V
SHEILA MORAN and its tow thereby contributing to the grounding of
said vessel on South Brothers Island, East River, New York.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Henry W. Goldhorn, Jr., a copy of the Tankship F. L. HAYES' Certificate of Inspection, and a chart of the East River.
In defense, Appellant offered in evidence the testimony of
himself and William Vals, Master of the F. L. HAYES.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending his license for
a period of one month outright plus two months on 12 months'
probation.
The entire decision was served on 26 May 1972. Appeal was
timely filed on 31 May 1972. | Appeal No. 1968 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1969 - RIDDOCK | By order dated 27 April 1972, an Administarative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for six months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Chief Cook on board the SS PINE TREE STATE under
authority of the document above captioned, on or about 28 November
1971, Appellant, while said vessel was at sea, wrongfully
assaulted a crewmember, Pablo Rosario, by holding a knife and
telling him that he would stick it in his stomach.
At the hearing Appellant elected to act as his own counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence certified
extracts fron the voyage records of the SS PINE TREE STATE. | Appeal No. 1969 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1954 - STOCKSTILL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 October 1970, Appellant
was convicted by the 16th Judicial District Court of the State of
Louisiana, a Court of Record, for violation of the narcotics drug
laws of the State of Louisiana.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the record of the 16th Judicial Court of Louisiana and evidence of
a pardon granted Appellant by the Governor of Louisiana.
In defense, Appellant offered in evidence his own testimony,
seven letters attesting to his good conduct, and testimony of two
friends, his father and his wife.
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.
The entire decision was served on 18 July 1972. Appeal was
timely filed on 18 July 1972. | Appeal No. 1954 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1955 - MILLS | By order dated 24 May 1972, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's seaman's documents upon findings him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that on 18 December 1967,
Appellant now holder of the above captioned document was convicted
by the United States District Court for the District of Arizona for
violation of a narcotic drug law of the United States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence records of
the U.S. District Court for the district of Arizona.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order revoking all documents issued to Appellant. | Appeal No. 1955 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |