| Suspension and Revocation Appeals Authority | 1956 - HANSON | By order dated 17 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, N. Y. suspended
Appellant's seaman's documents for 3 months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved below alleges that while serving as the Person in Charge on
board the tank barge B. NO. 110 under authority of the document
above captioned, on or about 21 April 1971, Appellant negligently
failed to perform his duties by allowing cargo transfer operations
to take place without giving his immediate supervision to an
unqualified person, while he was in the cabin of the barge reading
a book.
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 a certified copy of the certificate of inspection of the tank barge B. NO. 110,
an amendment to the certificate of inspection, and the testimony of
a Coast Guard boarding officer.
In defense, Appellant offered in evidence his own testimony
and that of one witness.
The Administrative Law Judge rendered a written decision in
which he amended the charge and specification and concluded that
the charge and specification was proved. He then served a written
order on Appellant suspending all documents, issued to him, for a
period of 3 months on 12 months' probation. | Appeal No. 1956 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1957 - DIAZ | By order dated 6 March 1972, 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
"conviction for a narcotics drug law violation." The specification
found proved alleges that Appellant was convicted of violation of
the narcotic drug laws of the United States by the United States
District Court for the Southern District of New York, a court of
record.
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 the record of
conviction.
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 document issued to Appellant.
The entire decision was served on 1 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1957 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1958 - NORTON | By order dated 23 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's license for 3 months outright plus 3 months on 9
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as Operator
on board the H-10 Water Taxi #21 under authority of the license
above captioned, on or about 3 September 1971, Appellant did
negligently operate said vessel in Los Angeles Harbor in such a
manner as to endanger the life, limb and property of persons aboard
a motor lifeboat from the M/S MARGARET JOHNSON, to wit, operated
said vessel on such a course, at such speed and in such proximity
to the lifeboat in an overtaking situation as to create, without
justification, a hazardous condition.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1958 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1959 - HOGAN | By order dated 30 October 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 law violation." The
specification found proved alleges that on 6 April 1970, Appellant
was convicted in Superior Court of the State of California of
violation of the narcotic drug law of the State of California.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduce in evidence a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation. 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 by plea. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1959 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1960 - SEEHORN | By order dated 23 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's license for 6 months outright plus 6 months on 10
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Ocean
Operator on board the H-10 Water Taxi #11 under authority of the
license above captioned, on or about 3 September 1971, Appellant
did wrongfully and intentionally operate said vessel in Los Angeles
Harbor in such a manner as to endanger the life, limb and property
of persons aboard a motor lifeboat from the M/S MARGARET JOHNSON,
to wit, operated said vessel on such a course, at such speed and in
such proximity to the lifeboat in an overtaking situation as to
create, without justification, a hazardous condition.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence records of
H-10 Water Taxi, live testimony of four witnesses and the
deposition of a fifth witness.
In defense, Appellant offered in evidence three diagrams and
the live testimony of himself, his co-respondent and two other
witnesses.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification were proved. He entered an order suspending all
documents issued to Appellant for a period of 6 months outright
plus 6 months on 10 months' probation. | Appeal No. 1960 | Suspension and Revocation Appeals Authority | 6/28/1973 | 6/28/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1963 - POTTS | By order dated 12 January 1973. an Administrative Law Judge of
the United States Coast Guard at Long Beach, 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 an A. B. on board the SS
WESTERN COMET under authority of the document above captioned, on
or about 18 December 1971, Appellant failed to join the vessel on
her sailing from Augusta, Sicily.
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 excerpts from
the Shipping Articles and the Official Ship's Log.
In defense, Appellant offered in evidence his own testimony
and was give a continuance to produce certain medical records, however, he failed to appear on the continuance date.
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 three months on six months' probation.
The entire decision was served on 18 January 1973. Appeal was
timely filed on 25 January 1973. | Appeal No. 1963 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1964 - COLON | By order dated 7 September 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months outright plus four
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Deck Engine Mechanic on board the SS PONCE de LEON
under authority of the document above described, on or about 23
February 1972, Appellant did wrongfully engage in mutual combat
with a member of the crew, William Meakens.
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 testimony of
the Third Assistant Engineer, Cristobal Jaquez. 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 served a written order on Appellant suspending all documents
issued to him for a period of two months outright plus four months
on 12 months' probation.
The entire decision was served on 18 September 1972. Appeal
was timely filed on 16 September 1972. | Appeal No. 1964 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1965 - BATISTA | By order dated 3 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for three months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Ordinary Seaman on board the SS MORMACARCO under
authority of the document above captioned, Appellant:
(1) did, on 23 July 1971, while said vessel was at sea,
wrongfully assault and batter with a dangerous weapon, to wit, a
knife, a member of the crew, Kenneth Smith;
(2) did, on 23 July 1971, wrongfully verbally threaten a
fellow crew member, Mr. Smith, with death; and
(3) did, on 31 July 1971, while said vessel was at sea,
wrongfully fail to perform his assigned duties due to intoxication. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of Bos'n Kenneth A. Smith, excerpts from the shipping articles and
officials ship's log and a sketch of the Bos'n's Room.
In defense, Appellant offered in evidence the testimony of
Appellant, excerpts from the official ship's log and medical log
and the deposition of Wilton Thompsett.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and three specifications had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of three months outright plus six months on
18 months' probation. | Appeal No. 1965 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1970 - THOMAS | By order dated 9 September 1970, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him
professionally incompetent and mentally incompetent. The
specifications found proved allege that while serving as Third
Assistant Engineer on board the SS DESOTO under authority of the
document and license above captioned, Appellant:
(1) while the vessel was on a foreign voyage to Far Eastern
ports from 14 May to 7 August 1969, did, by his acts and
commissions while standing engine room watches, demonstrate that he
did not possess and exercise the professional skills and engine
room management of an ordinary prudent licensed Third Assistant
Engineer, thereby rendering himself unfit to serve on merchant
vessels of the United States; and (2) while the vessel was on said voyage from 14 May to 7
August 1969, did, by his acts and omissions, demonstrate that he
was suffering from a psychiatric disorder rendering him unfit to
serve on board merchant vessels of the United States.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to both charges and each
specification.
The Investigating Officer introduced in evidence the testimony
of the vessel's First and Second Engineers, a Customs official and
a psychiatrist and various documentary evidence.
In defense, Appellant offered in evidence a fit-for-duty slip. | Appeal No. 1970 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1961 - KELLEY | By order dated 5 September 1972, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine suspended
Appellant's seaman's documents for one month on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the M/V
ETHEL TIBBETTS under authority of the license above described,
between 8 and 10 January 1972, Appellant did wrongfully navigate
said vessel on a voyage from Portland to Jonesport, Maine while
manned in violation of 46 CFR 31.15 and 46 U.S.C. 222-223, to wit,
one licensed engineering officer and one licensed mate less than
required by the vessel's Certificate of Inspection.
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 two charts,
a copy of the vessel's Certificate of Inspection and the testimony
of the Officer in Charge of Marine Inspection, Portland, Maine.
In defense, Appellant offered in evidence his own and the
testimony of the General Manager of the vessel owner.
After 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 documents
issued to Appellant for a period of one month on nine months'
probation.
The entire decision was served on 7 September 1972. Appeal
was timely filed on 12 September 1972 and perfected on 2 March
1973. | Appeal No. 1961 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1966 - PETTER | By order dated 28 September 1972 at San Diego, California, and
amended on 25 October 1972 at Long Beach, California, an
Administrative Law Judge of the United States Coast Guard revoked
a fraudulently obtained endorsement on Appellant's license and
suspended said license for 12 months outright upon finding him
guilty of misconduct. The specifications found proved allege that,
while acting under the authority of the license above described
Appellant did:
(1) on or about 12 May 1971, knowingly, wrongfully and
fraudulently submit false evidence of device on certain waters in
applying for an extension of route on his existing license, to wit,
a letter dated 7 May 1971 from H & M Landing showing approximately
14 trips as a crew member; and
(2) on or about 4 May 1971, knowingly and wrongfully provided
fraudulent information for the purpose of extending the route on
the license of one of his employees, to wit, a letter dated 4 May 1971 stating that James Richard Hand had worked on Appellant's
vessel, BANDIDO, on certain waters on which Appellant knew or
should have known said employee had not in fact served.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced in evidence copies of
Appellant's license and two allegedly fraudulent letters and the
testimony of James R. Hand. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1967 - KENOPKE | By order dated 2 February 1971, an Examiner of the United
States Coast Guard at New Orleans, La., admonished Appellant upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board the SS GREEN DALE
under authority of the license above captioned, on or about 29 June
1968, Appellant neglected to exercise precautions required by
International Rules of the Road, Rule 29, in that he "failed to
take timely evasive action although whistle signal exchanges
between the SS GREEN DALE and MV NYMPHE so indicated action and
thereby contributed to a collision between the SS GREEN DALE and
another vessel, the MV NYMPHE.
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 report of casualty involving GREEN DALE and the testimony of one witness.
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 of admonition
against Appellant.
The entire decision was served on 8 February 1971. Appeal was
timely filed on 2 March 1971. Although Appellant had until 2 June
1971 to add to his appeal he has not done so. | Appeal No. 1967 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1971 - MOORE | By order dated 17 July 1972, 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
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 31 March 1972, Appellant was
convicted of the Narcotic Drug Laws of the State of California.
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 a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation.
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 19 July 1972. Appeal was
timely filed on 16 August 1972. | Appeal No. 1971 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1972 - SIBLEY | By order dated 28 October 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California
suspended Appellant's seaman's documents for 3 months outright plus
5 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Bosun/AB on board the SS CHICAGO under authority of
the document above captioned, while the vessel was at sea,
Appellant:
(1) On 12 August 1970, wrongfully continued disobedience to
a lawful order;
(2) On 13 and 14 August 1970, wrongfully failed to perform
his duties due to intoxication and disobedience of a lawful
order; and
(3) On 15, 16, and 17 August 1970, wrongfully failed to perform his duties and disobeyed a lawful order.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence photostatic
copies of certain pages of the Official Logbook of the vessel.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and the above
specifications had been proved. He then entered an order
suspending all documents, issued to Appellant, for a period of 3
months outright plus 5 months on 12 month's probation.
The entire decision was served on 3 November 1971. Appeal was
timely filed on 2 June 1972. | Appeal No. 1972 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1973 - CRUZ | By order dated 28 June 1972, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler-Maintenance-Utility on board the SS
DELTA MEXICO under authority of the documents above described, on
or about 15 May 1972, Appellant did wrongfully assault and batter
the Third Assistant Engineer.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Ship's Log and other documentary
evidence.
At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge
and specification had been proved by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months outright.
The entire decision was served on 8 December 1972. Appeal was
timely filed on 26 December 1972. | Appeal No. 1973 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1974 - VALS | By order dated 1 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York, 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 Master on board M/V F.
L. HAYES under authority of the document and license above
described, from at or about 2350, 20 March 1972, to at or about
0310, 21 March 1972, Appellant allowed himself to be relieved as
pilot of the vessel by a person, one Francis A. Burn, Jr., not
properly licensed for that responsibility thus contributing to the
subsequent grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced no evidence. In defense, Appellant stated that the relieving officer had a
third mate's license and a stipulation was made by counsel and the
Investigating Officer that this person had a sufficient number of
trips to quality to sit for an additional pilot's endorsement for
certain waters.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months on 12 months' probation.
The entire decision was served on 11 May 1972. Appeal was
timely filed. | Appeal No. 1974 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1975 - GRADDICK | By order dated 16 June 1972, 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 Utility Messman on board the SS STEEL NAVIGATOR under
authority of the document above described, on or about 24 April
1972, Appellant wrongfully assaulted and battered the Utility
Messman Camilo Rojas by striking and cutting him on the hand with
a knife.
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 voyage
records of the SS STEEL NAVIGATOR and the testimony of several
witnesses.
In defense, Appellant offered in evidence his own testimony and sworn statements of two other witnesses.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant.
The entire decision was served on 30 June 1972. Appeal was
timely filed on 3 July 1972. | Appeal No. 1975 | Suspension and Revocation Appeals Authority | 7/10/1973 | 7/10/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1976 - LUNDBORG | By order dated 6 June 1969, 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 specification found proved alleges
that while serving as an A. B. on board the SS CITY OF ALMA under
authority of the document above described, on or about 24 March
1969, Appellant did wrongfully assault and batter a crewmember,
Wallace G. Perry.
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 and Official Log, and a Consular Report.
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.
The entire decision was served on 17 January 1973. Appeal was
timely filed on 12 February 1973. | Appeal No. 1976 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1977 - HARMER | By order dated 26 October 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an Ocean Operator on
board the M/B REDONDO SPECIAL under authority of the license above
described, on or about 18 September 1972, Appellant did wrongfully
conduct himself in a manner unbecoming an Operator by discharging
a dangerous weapon, a rifle, without warning, thereby frightening
passengers aboard said vessel while the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. The Administrative Law
Judge then entered an order admonishing Appellant.The entire decision was served on 13 November 1972. Appeal
was timely filed on 6 December 1972. | Appeal No. 1977 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1978 - DAVIS | By order dated 3 October 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Night Mate on board
the SS FORT WORTH under authority of the license above described,
on or about 30 September 1972, Appellant wrongfully failed to
properly supervise the cargo loading operation on said vessel
thereby allowing gasoline to overflow and pollute the navigable
waters of the United States at Norco, Louisiana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. The Administrative Law Judge then entered an order suspending all documents issued to
Appellant for a period of three months outright.
The entire decision was served on 16 October 1979. Appeal was
timely filed on 12 October 1972 | Appeal No. 1978 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1946 - MCCLAIN | By order dated 2 November 1971, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for 6 months outright plus 3 months
on 6 months' probation upon finding him guilty of misconduct and
negligence. The specifications found proved allege that while
serving as Third Assistant Engineer on board the SS SONOMA under
authority of the license above captioned, Appellant:
(1) On or about 18 January 1971, was negligent in failing to
properly supervise the operation of all machinery and the assigned
personnel on the 1600-2400 watch, thereby contributing to the
boiler casualty on that date; and
(2) On or about 29 January 1971, did wrongfully assault and
batter the Second Assistant Engineer; And that while so serving on board the SS SEATRAIN LOUISIANA,
Appellant did:
(3) On or about 7 June 1969, wrongfully fail to perform his
regularly assigned duties, to wit, the 0000-0400 watch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and to each
of the first two specifications.
The Investigating Officer introduced in evidence extracts from
the Shipping Articles and Official Logbooks of the vessel, the
deposition of an Oiler and the testimony of the Chief Engineer of
the SS SONOMA.
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 charges and the above
specifications had been proved, the third by plea. The
Administrative Law Judge then served a written order on Appellant
suspending all documents issued to him for a period of 6 months
outright plus 3 months on 6 months' probation. | Appeal No. 1946 | Suspension and Revocation Appeals Authority | 7/18/1973 | 7/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1979 - NEVES | By order dated 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, suspended
Appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of the charge of violation of a
statute [46 U.S.C. 224a]. the specification found proved alleges
that while serving as Master on board Fishing Vessel CONSTITUTION
under authority of the license above captioned, from or on about 25
June 1972 to on or about 11 July 1972, Appellant did willfully
employ or engage to perform duties of mate on board the
CONSTITUTION, a fishing vessel of over 200 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 and terminated at San Diego, California.
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 of CONSTITUTION.
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 and then entered an order
suspending all documents issued to Appellant for a period of six
months on 12 months' probation.
The entire decision was served on 2 August 1972. Appeal was
timely filed. | Appeal No. 1979 | Suspension and Revocation Appeals Authority | 7/26/1973 | 7/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1980 - PADILLA | 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 22 December 1970, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months on eighteen months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Bedroom Messman on
board SS ROBIN GOODFELLOW under authority of the document above
captioned, on or about 24 May 1970, Appellant wrongfully struck
Walter L. McBride, a fellow crewmember, with his fists while said
vessel was at Poro Point, San Fernando, La Anion, R. P.
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 testimony
of a witness, and a Consular report.
In defense, Appellant offered in evidence his own testimony,
that of another witness and some medical reports.
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 and then entered an order
suspending all documents issued to Appellant for a period of six
months on eighteen months' probation. | Appeal No. 1980 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1981 - HERMANSEN | 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 28 October 1969, an Administrative Law Judge of the United States Coast Guard at New York, New York, issued an admonition to Appellant upon finding him guilty of negligence. The specification found proved al-leges that while serving as Master of M/V V. L. KEEGAN II under authority of the license above captioned, on 19 March 1968, Appellant negligently navigated his vessel on the wrong side of the channel in the East River, New York, near Hell Gate, contributing to a collision between his vessel and M/V OWLS HEAD.
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 testimony of three witnesses and certain documents.
In defense, Appellant offered in evidence the testimony of four witnesses and certain documents.
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 placing an admonition in Appellant's record.
The entire decision was served on 29 October 1969. Appeal was timely filed on 26 November 1969 and perfected on June 1970. | Appeal No. 1981 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1982 - GOLTEN | 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 21 July 1972, an Administrative Law Judge of
the United States coast guard at Portsmouth, Virginia, suspended
appellant's seaman's document for six months on 12 months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Tankerman on board the
Tank Barge ROBERT L. POLING under authority of the document above
described, on or about 23 September 1971, Appellant negligently
failed to insure that all cargo valves not connected with the
discharge of cargo were in a closed position, thereby contributing
to spillage of cargo into Baltimore Harbor on 24 September 1971.
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 testimony
of several witnesses and transcripts from oral depositions. | Appeal No. 1982 | Suspension and Revocation Appeals Authority | 7/27/1973 | 7/27/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1983 - SESNY | 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 28 February 1973, 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
"conviction for a narcotic drug law violation." The specification
found proved alleges that Appellant was convicted for violation of
a narcotic drug law of the United States by the U.S. District Court
for the Southern District of California.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the record of
conviction despite Appellant's plea of guilty.
In mitigation, Appellant offered a copy of a two-page Customs
Report and made an informal statement. | Appeal No. 1983 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1984 - RUIZ | 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 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for narcotic drug law violation." The
specification found proved alleges that Appellant was convicted on
17 April 1972 by District Court of Brazoria County, Texas, 23rd
Judicial District, a court of record, for violation of the narcotic
drug laws of the State of Texas.
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
copy of the judgment of conviction and chemical analysis of the
substance found on Appellant's person.
In defense, Appellant offered in evidence a copy of the
offense report, Police Department, Freeport, Texas.
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 14 August 1972. Appeal was
timely filed on 12 September 1972. | Appeal No. 1984 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1985 - CHRISTEN | 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 December 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Va., 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 AMERICAN CORSAIR under authority
of the document above captioned, on or about 14 January 1971,
Appellant:
(1) failed to perform duties because of intoxication;
(2) assaulted one Charles G. PACE, pantryman, by setting fire
to his mattress while PACE was sleeping on it;
(3) threatened on several occasions to blow up AMERICAN
CORSAIR, which carried military explosives as cargo; and (4) carelessly lighted matches about the deck of the
explosive - carrying vessel.
At the hearing, commencing at San Francisco, California,
Appellant was represented by professional counsel. Appellant
entered a plea of not guilty to the charge and each specification.
At Appellant's request the hearing was transferred to Portsmouth,
Va., where Appellant did not appear.
The Investigating Officer introduced in evidence the testimony
of witnesses and voyage records of AMERICAN CORSAIR. | Appeal No. 1985 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1986 - WATTS | 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 13 September 1972, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the SS
TEXACO MISSISSIPPI under authority of the license above described,
on or about 11 September 1969, Appellant did authorize the
discharge of an oily mixture from the vessel in violation of the
Oil Pollution Act of 1961 as amended.
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 the Chief Mate, three expert witnesses and the pilot of the
aircraft which detected the discharge, and ten exhibits.
In defense, Appellant offered in evidence the testimony of two
experts.
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 three months outright.
The entire decision and order was served on 27 September 1972.
Appeal was timely filed on 4 October 1972. | Appeal No. 1986 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1987 - BROWN | 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 4 August 1972, 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 an Able Seaman on board United States SS HALCYON PANTHER
under authority of the document above captioned, on or about 10
September 1971, while the vessel was in the port of Subic Bay,
Republic of the Philippines, Appellant was wrongfully in 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 the testimony
of several witnesses, shipping documents of the SS HALCYON PANTHER, a bag of marijuana, and a laboratory report.
In defense, Appellant offered in evidence the testimony of a
co-respondent and certain documents.
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 revoking all documents
issued to him.
The entire decision was served on 9 August 1972. Appeal was
timely filed on 8 September 1972. A brief in support of appeal was
received on 9 July 1973. | Appeal No. 1987 | Suspension and Revocation Appeals Authority | 8/22/1973 | 8/22/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1988 - STRULL | 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 16 November 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's license and seaman's documents for three months on nine
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Second
Assistant Engineer on board the SS AMERICAN LEADER under authority
of the license above captioned, on or about 14 September 1972,
Appellant did wrongfully assault and batter by gripping and shoving
with his hands a member of the crew, George C. Sawalich, First
Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Office introduced in evidence excerpts from
the shipping articles and official logbook and testimony of the First Assistant Engineer.
In defense, Appellant offered in evidence the testimony of A.
Hendy, a deck mechanic, 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. He then served a written order
on Appellant suspending all documents issued to him for a period of
three months on nine months' probation.
The entire decision was served on 24 November 1972. Appeal
was timely filed. | Appeal No. 1988 | Suspension and Revocation Appeals Authority | 8/29/1973 | 8/29/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1989 - BOEUF | 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 15 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a
TANKERMAN on board the United States Tank Barge LBT 20 under
authority of the document above captioned, on 14 January 1973,
Appellant wrongfully failed to properly supervise the loading of
BUNKER C to the said barge which resulted in No. 2 Port Tank
overflowing and thereby contributed to the pollution of the
navigable waters of the United States at mile 168 AHP, Lower
Mississippi River.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence the testimony
of an employee on the barge.
In defense, Appellant offered in evidence his own testimony
and that of a fellow employee.
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 Appellant for a period
of three months on twelve months' probation.
The entire decision and order was served on 21 February 1973.
Appeal was timely filed. | Appeal No. 1989 | Suspension and Revocation Appeals Authority | 9/7/1973 | 9/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1991 - MOORE | 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 1973, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license for 3 months outright upon finding him guilty
of negligence. The specification found proved alleges that while
serving as a Pilot on board the SS HESS REFINER under authority of
the above captioned license, on or about 1 February 1973, Appellant
did wrongfully proceed at an immoderate speed in conditions of
reduced visibility due to fog in Southwest Pass thereby
contributing to a collision between said vessel and the M/V
SOCRATES and tow, the T/B ALLIED CHEMICAL No. 44.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1991 | Suspension and Revocation Appeals Authority | 10/26/1973 | 10/26/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1992 - COPELAND | 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 12 October 1972, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas suspended
Appellant's license for one month on two months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as operator on board the TX 4207 XH
under authority of the license above captioned, on or about 19
August 1972, Appellant permitted said vessel to carry in excess of
6 passengers while said vessel did not have on board a valid
Certificate of Inspection in violation of 46 U.S.C. 390 et seq.
as specified in 46 CFR 176.01-(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 some
photographs of the vessel, a handwritten list of persons aboard and
the testimony of three witnesses. | Appeal No. 1992 | Suspension and Revocation Appeals Authority | 11/20/1973 | 11/20/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1993 - FRACCARO | Appellant appeals under 46 U.S.C. 239(g) and 46 CFR 137.30-1
from three orders entered by an Administrative Law Judge of the U.
S. Coast Guard after hearing held at Oswego, New York, on several
dates in April 1969. The charges of misconduct all involved
service as a Great Lakes pilot aboard three foreign vessels: M/V
SAKUMO LAGOON, M/V BENGKALIS, and M/V THERON.
On 28 January 1969, Appellant was served with charges of
misconduct for hearing to commence on 16 April 1969. The offenses
alleged were that while serving under authority of his license as
pilot:
(1) aboard the Ghanian SAKUMO LAGOON on 25 September 1968,
Appellant overtook SS CARSON J. CALLAWAY in the St.
Lawrence River without obtaining a whistle signal
assenting to an overtaking proposal in violation of 33
CFR 90.8, and
(2) aboard the Canadian THERON on 30 November 1968 navigated
the vessel on the St. Lawrence River in excess of the
prescribed speed. | Appeal No. 1993 | Suspension and Revocation Appeals Authority | 12/30/1973 | 12/30/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1994 - TOMPKINS | This appeal has been taken in accordance wit Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 December 1972, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 4 months outright plus 2 months
on 6 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 IBERVILLE under authority of the
document above captioned, on or about 8,9,10, and 11 November,
1972, Appellant did wrongfully absent himself from the vessel
without permission and did wrongfully fail to perform his assigned
duties.
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 copies
of the Official Logbook entries and an extract of the Shipping
Articles of the SS IBERVILLE. | Appeal No. 1994 | Suspension and Revocation Appeals Authority | 2/4/1974 | 2/4/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1995 - NAPIER | 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 24 September 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman document upon finding him guilty of misconduct.
The specification found proved alleges that while serving as second
electrician on board the United States SS CARRIER DOVE under
authority of the document above captioned, on or about 25 July
1973, Appellant did wrongfully assault and batter by striking with
a beer can the crew pantryman while the vessel was in the port of
Durban, Union of South Africa.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of guilty to the charge and specification.
In mitigation, Appellant offered in evidence the testimony of
the crew pantryman and his own testimony. | Appeal No. 1995 | Suspension and Revocation Appeals Authority | 3/19/1974 | 3/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1996 - LEWIS | 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 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for 7 months outright plus
6 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Fireman/Watertender on board the SS Elizabethport
under authority of the document above captioned, on or about 21 May
1972, Appellant, while the vessel was in the port of Naha, Okinawa,
(1) Wrongfully engaged in mutual combat with a fellow
crewmember, to wit, Patrick G. Fox, Engine Utility; and
(2) Wrongfully failed to obey an order given by the Master to
cease fighting with said fellow crewmember.
At the hearing, Appellant elected to act as his own counsel.
He entered a plea of not guilty to the charge and each
specification. Upon his failure to attend subsequent sessions, the
proceedings were properly continued in absentia. | Appeal No. 1996 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1997 - MELANSON | 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 6 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for 2 months outright upon finding him guilty
of inattention to duty. The specification found proved alleges
that while serving as a Chief Mate on board the SS EXXON SAN
FRANCISCO under authority of the license above described, on or
about 24 June 1973 Appellant did cause the spill of approximately
10 gallons of heating oil into Houston Ship Channel, Exxon Docks,
Bayton, Texas.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 1997 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1998 - LEBOEUF | 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 11 September 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's seaman document for 3 months outright upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as a tankerman on board the United
States Tank Barge GEORGE under authority of the document above
captioned, on 2 September 1973, Appellant allowed approximately one
(1) barrel of decant oil to overflow out of number 5S cargo tank
and enter the Calcasieu River at Citgo Docks, Lake Charles,
Louisiana.
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 the testimony
of two witnesses and two exhibits. | Appeal No. 1998 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1999 - JOSSY | 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 November 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
individually the license held by each Appellant for a period of 12
months on 18 months' probation upon finding each guilty of
misconduct. The specification found proved against Appellant Alt
alleges that while serving as operator aboard the DIXIE LEE, under
authority of the above-captioned license, on or about 20 August
1973, he wrongfully operated a foreign built boat carrying
passengers from a U.S. port and returned to a U.S. port in
violation of 19 CFR 4.80(e). The specification found proved
against Appellant Jossy is identical to the above except that it
alleges serving as operator aboard the JERI-JO III. | Appeal No. 1999 | Suspension and Revocation Appeals Authority | 5/9/1974 | 5/9/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2000 - ELIPE | 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 9 November 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 9 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman on board the SS SANTA BARBARA under authority of the
document above captioned, on or about 10 August 1973, Appellant did
wrongfully engage in mutual combat with a fellow crew member, to
wit, Mario Fernandez, Steward Utility, while the vessel was in the
port of Kingston, Jamaica.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2000 | Suspension and Revocation Appeals Authority | 6/5/1974 | 6/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2001 - WALLACE | 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 12 September 1973, 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 Fireman/Watertender on board the United States SS SAN
JUAN authority of the document above captioned, on or about 13
December 1972, Appellant wrongfully possessed marijuana and heroin
while the vessel was in the port of Kobe, Japan.
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 shipping
articles for the voyage in question, entries from the official log
book and a Japanese Judgment of Conviction and Sentencing. | Appeal No. 2001 | Suspension and Revocation Appeals Authority | 6/14/1974 | 6/14/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2003 - PEREIRA | 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 11 July 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for four months outright plus two
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Pumpman on board the United States NS YUKON
under authority of the document above captioned, on or about 3
January 1973, Appellant wrongfully deserted the said vessel at
Kwajalein Atoll (United States Trust).
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 from the USNS YUKON, and the depositions of two witnesses. | Appeal No. 2003 | Suspension and Revocation Appeals Authority | 7/8/1974 | 7/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2006 - MCCOY | 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 12 December 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's documents for twelve months upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a day third engineer on board SS DEL
ORO under authority of the license above captioned, on or about 26
February 1973, Appellant wrongfully failed to perform his assigned
duties while the vessel was at Abidjan, Ivory Coast.
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 of DEL ORO and the testimony of three witnesses.
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
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of twelve months. | Appeal No. 2006 | Suspension and Revocation Appeals Authority | 8/3/1974 | 8/3/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2004 - LORD | 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 13 September 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright plus ten months on
eighteen months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as master
on board SS C. E. DANT under authority of the license above
captioned, on 4 September 1972, Appellant while in the Strait of
Juan de Fuca negligently allowed his vessel to proceed at
immoderate speed in restricted visibility, thereby continuing to a
collision between the vessel and MV AEGEAN SEA.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of C. E. DANT, certain photographs, and the testimony of
witnesses. | Appeal No. 2004 | Suspension and Revocation Appeals Authority | 8/22/1974 | 8/22/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2005 - BEROUD | 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 18 March 1974, 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, on 4 September 1973,
Appellant was convicted in Delaware County Court, Media,
Pennsylvania, a court of record in Delaware County, Commonwealth of
Pennsylvania, for violation of the Commonwealth of Pennsylvania.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of the indictments and court conviction.
In defense, Appellant offered in evidence his own testimony,
that of a character witness and seven letters of character. | Appeal No. 2005 | Suspension and Revocation Appeals Authority | 8/23/1974 | 8/23/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2007 - ARMAD | 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 9 August 1973, 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 specification found
proved alleges that while serving as a Radio/Telegraph Operator on
board the SS JEFFERSON CITY VICTORY under authority of the document
and license above captioned, on or about 9 December 1972, while the
vessel was at sea, Appellant did wrongfully assault and batter a
fellow crewmember, Third Assistant Engineer J.E. Frazer, and did
wrongfully assault and batter him a few days later ashore.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2007 | Suspension and Revocation Appeals Authority | 9/5/1974 | 9/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2008 - GOODWIN | 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 9 January 1974, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for four months outright plus three
months on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator on board the MV PIONEER under authority of the
license above captioned, on or about 19 September 1973, Appellant
negligently failed to keep clear of the tankship SANINENA II
causing a collision between the two vessels.
At the hearing, Appellant initially elected to act as his own
counsel and entered a plea of not guilty to the charge and
specification. At a subsequent session, he was represented by
professional counsel. At the final session, the proceedings were
properly concluded in absentia. The Investigating Officer
introduced in evidence the live testimony of three witnesses and
various documents. | Appeal No. 2008 | Suspension and Revocation Appeals Authority | 9/13/1974 | 9/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2002 - ADAMS | 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 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman documents for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a tankerman on board the United States Tank
Barge LBT-18 under authority of the document above captioned, on or
about 16 July 1973 Appellant did cause a spill of approximately 120
gallons of crude petroleum condensate upon the waters of Houston
Ship Channel at Robertson Terminal.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence a diagram of
the scene, the testimony of Mr. Marvin Epps, the dockman for
Robertson Terminal, and Petty Officer Clark, the Investigator.
In defense, Appellant offered in evidence his own testimony
and that of Captain Joseph Courtaux, the tug Captain. | Appeal No. 2002 | Suspension and Revocation Appeals Authority | 6/19/1974 | 9/19/1974 | | 12/21/2017 |