| Suspension and Revocation Appeals Authority | 2651 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2651 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2648 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2648 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2649 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2649 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2650 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2650 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2568 - SANCHEZ | NO. (REDACTED) issued to: Angel SANCHEZ, Appellant, and
NO. (REDACTED) issued to: Ivan R. CORALIZ, Appellant, and
NO. (REDACTED) issued to: Edwin G. MATHIS, Appellant, and
NO. (REDACTED) issued to: Jose M. RIVERA, Appellant, and
NO.(REDACTED) issued to: Roberto VALENTIN, Appellant, and
NO. (REDACTED) issued to: William VIUST, Appellant, and
NO. (REDACTED) issued to: Luis A. DAVILA, Appellant, and
NO. (REDACTED) issued to: Hector M. RESTO, Appellant, and
NO.(REDACTED) issued to: Felix PRIETO, Appellant.
These nine appeals have been consolidated for decision after
having been taken singly for appeal in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701. The appeals have been consolidated
for the following reasons: In all nine cases, the charges and
evidence were substantially identical; all nine cases involved
the same Investigating Officer (IO), Administrative Law Judge
(ALJ), and counsel for the various Appellants; pleadings and
argument by both the Coast Guard and counsel for the Appellants
were substantially identical; and the Decisions and Orders
issued by the ALJ were substantially identical. Furthermore, my
disposition of these nine appeals is the same because it turns
on the same point in each record, as described infra. By order
dated 18 May 1993, an Administrative Law Judge (ALJ) of the
United States Coast Guard at San Juan, Puerto Rico suspended
Appellants' Ordinary Seaman documents for three months, with an
additional six months' suspension on twelve months of probation,
upon finding proved a charge of violation of law. The sole
specification in all cases alleged that Appellants, while acting
under the authority of their documents, on or about specified
dates between 13 April 1992 and 16 June 1992 fraudulently obtained Able Seaman endorsements in violation of 18 U. S. Code
1001. | Appeal No. 2568 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2462 - ARMSTEAD | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 12 June 1987, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of conviction for a narcotic drug law violation. The charge was
supported by two specifications. The specifications found proved
alleged that Appellant, being the holder of the captioned document, on
or about 7 July 1982 and 18 November 1982, respectively, was convicted
by the Criminal District Court for teh Parish of Orleans, State of
Louisiana for possession of marijuana in violation of the Revised
Statutes of Louisiana.
The hearing wsa held at New Orleans, Louisiana, on 18 March, 29
April, and 9 June 1987.
Appellant appeared at the hearing with counsel, Harry Cantrell,
Jr., Esq. Appellant entered an answer of no contest to the charge and
specifications in accordance with 46 CFR SS5.527(a). | Appeal No. 2462 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2464 - FUTCHER | This appeal has been taken in accordance with 46 CFR Part 5,
Subpart J. 46 CFR SS5.701.
By order dated 24 March 1986, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document upon finding proved a charge
of misconduct. The charge was supported by four specifications which
alleged that Appellant, while serving as Pilot/Mate on board the M/V
CAPE MAY, on or about 31 July 1985 wrongfully fraternized with a 14-
year-old female passenger, wrongfully engaged in undue familiarity
with a 14-year-old female passenger, wrongfully engaged in sexual
intercourse with a 14-year-old female passenger, and wrongfully failed
to exclude a 14-year-old female passenger from the pilot house and
bridge of the vessel, as prohibited by 46 CFR 78.10-1.
The hearing was held at Philadelphia, Pennsylvania, on 11
December 1985, 5 February 1986 and 18 February 1986. | Appeal No. 2464 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2398 - BRAZELL | This appeal has been taken in accordance with 46 U.S.C. 239g
and 46 CFR 5.30-1.
By order dated 13 March 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's merchant mariner's document for four months upon
finding proved the charge of negligence. The specification found
proved alleged that Appellant, while serving as tankerman aboard
T/B TT-7002, did on or about 24 December 1980, fail to adequately
supervise cargo loading operations causing a discharge of oil into
the navigable waters of the United States, the Neches, River.
The hearing was held at Port Arthur, Texas, on 13 February
1981.
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 seventeen
exhibits and the testimony of five witnesses. | Appeal No. 2398 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2401- CAVANAUGH | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board the
SS CONSTITUTION did, on or about 1900 24 February 1984 while said
vessel was at sea, wrongfully use cocaine and at the same time and
place, being holder of the captioned document, was a user of cocaine.
On 16 April 1985, Appellant filed a notice of appeal and
requested a temporary document. The Administrative Law Judge denied
the request by order dated 19 April 1985. | Appeal No. 2401 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2361 - ZEMEL | This appeal has been taken in accordance with 46 U.S.C.
239(g), 23b and 46 CFR 5.30-1.
By order dated 18 July 1983, and Administrative Law Judge of
the United States Cost Guard at Long Beach, California revoked
Appellant's seaman's document upon finding him guilty of misconduct
and the charge of having been a user of a narcotic drug. The
specifications found proved allege that while acting under
authority of the document above captioned, on or about 14 May 1979,
Appellant made a false or fraudulent statement on CG Form 719B
(Rev. 9-72), Seaman's Certificate Application, by declaring that he
had used a narcotic drug, which declaration was false; and that
while being the holder of the document above captioned, on or about
10 September 1982 and for an unknown period of time before,
Appellant was wrongfully a user of a narcotic drug.
The hearing was held at Long Beach, California on 28 May, 27
June, and 18 July 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification.
The Investigating Officer introduced in evidence three
documents and the testimony of one witness.
Appellant offered no evidence in defense. | Appeal No. 2361 | Suspension and Revocation Appeals Authority | 6/12/1984 | | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 1990 - BOURG | 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 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's license for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the MV FIVE FORKS
under authority of the license above captioned on or about 4
February 1972, Appellant did negligently fail to provide for the
safety of one of the passengers Robert J. Ricaud, by permitting him
to disembark the vessel under hazardous conditions without
requiring the use of a lifesaving device, while the vessel was at
the Mobil Oil Drilling Rig Central Facility 129, Block 129, Eugene
Island area, Gulf of Mexico.
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
Certificate of death of Robert J. Ricaud and the testimony of two
members of the crew of the FIVE FORKS.
In defense, Appellant offered in evidence his own testimony
and that od a character witness. | Appeal No. 1990 | Suspension and Revocation Appeals Authority | 9/27/1973 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2065 - TORRES | States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 November 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman documents, upon finding him guilty of
misconduct. The first specification found proved alleges that while
serving as an oiler on board the United States SS BUCKEYE STATE
under authority of the document above captioned, on or about 22
June 1973, Appellant, while in port at Kandla, India, had in his
possession marijuana and hashish. The second specification found
proved alleges that while serving as an oiler on board the United
States SS EXPORT AGENT under authority of the document above
captioned, on or about 11 April 1974, Appellant did assault and
batter the Third Assistant Engineer.
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 testimony
of one witness and nine exhibits. | Appeal No. 2065 | Suspension and Revocation Appeals Authority | 7/14/1976 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1962 - MEAKENS | 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 four months outright plus two
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 engage in mutual combat with a
crewmember, Marcos Colon.
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 the Third Assistant Engineer, Cristobal Jaquez. In defense, Appellant offered in evidence his own testimony
and certain medical records.
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 four months outright plus two months
on 12 months' probation.
The entire decision was served on 19 September 1972. Appeal
was timely filed on 25 September 1972. | Appeal No. 1962 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1693 - JOHNSON | By order dated 7 April 1967, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's seaman's
documents for 2 months outright plus 2 months on 9 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a messman
on board the United States SS U. S. BUILDER under authority of the
document above described, Appellant:
(1) On 20 January 1967, wrongfully created a
disturbance aboard the vessel at Sattahip,
Thailand,
(2) at the same time and place, wrongfully possessed
intoxicating liquor aboard the ship,
(3) from 20 through 25 January 1967, wrongfully failed
to perform duties at Sattahip, Thailand, and (4) on 12 March 1967, failed to perform duties at
Nordenheim, Germany.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of U. S. BUILDER and the testimony of the chief mate ot the
vessel.
Since Appellant did not appear, there was no defense offered. | Appeal No. 1693 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1700 - MCGRAW | By order dated 27 February 1967, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months, upon finding him guilty of
misconduct and inattention to duty. The specifications found
proved allege that while serving as Third Mate on board SS
THUNDERHEAD under authority of the document and license above
described, Appellant:
(Under "Misconduct")
(1) on or about 18 July 1966, at Bangkok, Thailand,
wrongfully failed to perform his duties from 0800 to 1200 due to
intoxicants;
(2) on the same date, while the vessel was at sea, wrongfully
failed to perform duties because of intoxication;
(Under "Inattention to Duty")
(1) On or about 29 August 1966, failed to keep a proper bell
book while the vessel was in the Mississippi River.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charges and
each specification.
The Investigating Officer introduced in evidence the testimony
of the master of the vessel, and certain voyage records.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charges and four specifications had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months. | Appeal No. 1700 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1715 - FREDERICK | By order dated 13 July 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for four months finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board SS ROBIN TRENT under authority of the document Appellant:
(1) on or about 4 and 5 April 1967 wrongfully absented
himself from the vessel and his duties at a foreign port;
(2) on or about 8 April 1967, wrongfully failed to perform
duties at sea; and
(3) on or about 26 April 1967, wrongfully failed to comply
with a lawfully issued subpoena of a Coast Guard Officer
at a domestic port.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence in view of
the pleas of guilty.
In defense, Appellant offered no evidence, but gave an
explanation as to why he failed to comply with the subpoena.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then served a written order
on Appellant suspending all documents issued to him for a period of
four months. | Appeal No. 1715 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1566 - WHITE | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Seattle, Washington, ordered Appellant's
seaman documents revoked upon finding him guilty of the charge
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holder of the document above
described, on or about 11 January 1962, Appellant was convicted in
the United States District Court for the district of Oregon of
violation of narcotic drug laws of the United States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the judgement and commitment in the District Court
proceedings.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1566 | Suspension and Revocation Appeals Authority | | | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 0305 - MORET | In the Matter of Certificates A-124374 and E-537328
Issued to: ANGEL B. MORET
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
305
ANGEL B. MORET
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1 from a decision
dated 3 December, 1948, by an Examiner of the United States Coast
Guard revoking Certificates A-124374, E-537328 and all other
certificates or documents issued by the Coast Guard to Angel B.
Moret upon finding him guilty of misconduct under one specification
reciting that he did, on or about 17 October, 1948, while serving
as an ordinary seaman on the American SS MORMACTEAL, unlawfully
have in his possession two and one-third marihuana cigarettes. | Appeal No. 0305 | Suspension and Revocation Appeals Authority | 1/7/1949 | 1/7/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0308 - DAVIS | In the Matter of Certificate of Service No. E701236
Issued to: FRANK LEROY DAVIS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
308
FRANK LEROY DAVIS
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 6 December, 1948, an Examiner of the United States Coast
Guard revoked Certificate of Service No. E701236, and all other
certificates of service or documents issued by the Coast Guard to
Frank Leroy Davis upon finding him guilty of misconduct under one
specification reciting that on or about 7 October, 1946, while
serving as a messman on the American SS WEST LINN VICTORY in a
domestic port, he unlawfully had in his possession certain narcotic
drugs, to wit, 422 grains of marijuana. | Appeal No. 0308 | Suspension and Revocation Appeals Authority | 1/25/1949 | 1/25/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0307 - ARSENAULT | In the Matter of Merchant Mariners Document No. Z380093
Issued to: NEIL FREDERICK ARSENAULT
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
307
NEIL FREDERICK ARSENAULT
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 21 December, 1948, an Examiner of the United States Coast
Guard revoked Merchant Mariners Document No. Z380093, and all other
certificates of service or documents issued by the Coast Guard to
Neil Frederick Arsenault upon finding him guilty of misconduct
under one specification reciting that on or about 2 October, 1948,
while serving as a Fireman/Watertender on the American SS STEEL
DIRECTOR in a domestic port, he unlawfully had in his possession
certain narcotics, to wit, thirteen small tubes of smoking opium. | Appeal No. 0307 | Suspension and Revocation Appeals Authority | 1/28/1949 | 1/28/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0311 - DUDLEY | In the Matter of Certificate of Service No. 358502
Issued to: ANDREW LEE DUDLEY
Decision and Final order of the Commandant
United States Coast Guard
311
ANDREW LEE DUDLEY
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 January, 1949, an Examiner of the United States Coast
Guard revoked Certificate of Service No. E-358502 and all other
certificates of service or documents issued by the Coast Guard to
Andrew Lee Dudley upon finding him guilty of misconduct under one
specification reciting that on or about 7 March, 1948, while
serving as a messman on the American SS SHOOTING STAR in the port
of New York, he unlawfully had in his possession certain narcotics,
to wit, 8 ounces of marijuana. | Appeal No. 0311 | Suspension and Revocation Appeals Authority | 2/23/1949 | 2/23/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0309 - McLAUGHLIN | In the Matter of Merchant Mariner's Document No. Z-766443
Issued to: FRANK X. McLAUGHLIN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
309
FRANK X. McLAUGHLIN
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 17 December, 1948, an Examiner of the United States Coast
Guard at Long Beach, California, entered an order revoking
Appellant's Merchant Mariner's Document No. Z-766443 upon finding
him guilty of misconduct based upon a specification reciting that
Appellant did on or about 23 April, 1948, alter a Seaman's
Certificate Application for upgrading by erasing the encircled word
"incompetent" and circling the word "competent". | Appeal No. 0309 | Suspension and Revocation Appeals Authority | 2/24/1949 | 2/24/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0310 - GARCIA | In the Matter of Certificate of Service No. E-448659
Issued to: SEVERIANO GARCIA
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
310
SEVERIANO GARCIA
This case comes before me from an order dated 16 December,
1948, by an Examiner of the United States Coast Guard who found
Appellant guilty of misconduct pursuant to the provisions of 46
United States Code 239(g) and 46 Code of Federal Regulations
137.11-1.
From an investigation conducted by the Coast Guard, it
developed that Appellant while serving under authority of his
Certificate of Service No. E-448659 had served as utility man on
the American SS PANAMA which terminated shipping articles on or
about 5 November, 1948, at New York. On 6 November, 1948,
Appellant returned to the PANAMA ostensibly to remove his clothing
and was apprehended by an officer of the Customs Service when
leaving the vessel with a quantity of 370 grains of marijuana on
his person. He was accordingly charged with misconduct supported
by one specification reciting that on or about 6 November, 1947, he
unlawfully had in his possession certain narcotics, to wit, 370
grains net of marijuana. | Appeal No. 0310 | Suspension and Revocation Appeals Authority | 3/1/1949 | 3/1/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0306 - VAZQUEZ | In the Matter of Certificate of Service No. E-327682
Issued to: JUAN EVANGELISTA VAZQUEZ
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
306
JUAN EVANGELISTA VAZQUEZ
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 6 December, 1948, an Examiner of the United States Coast
Guard revoked Certificate of Service No. E-327682 and all other
certificates of service or documents issued by the Coast Guard to
Juan Evangelista Vazquez upon finding him guilty of misconduct
under one specification reciting that on or about 4 August, 1947,
while serving as a messman on the American SS ROBIN GOODFELLOW at
Weehawken, New Jersey, had in his possession certain narcotics
(marijuana) contrary to law. | Appeal No. 0306 | Suspension and Revocation Appeals Authority | 3/2/1949 | 3/2/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0313 - LUHRNING | In the Matter of Certificate E-311299
Issued to: HIRAM R. LUHRNING
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
313
HIRAM R. LUHRNING
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 23 December, 1948, an Examiner of the United States Coast
Guard at New York revoked Certificate of Service No. E-311299 and
all other valid certificates or documents issued to Hiram Luhrning
upon finding him guilty of misconduct based upon evidence to
support a specification alleging that while serving as crew
messman on the American SS COURSER, on or about 10 May, 1948, while
said vessel was at sea, he unlawfully had in his possession 2
ounces, 243 grains of marijuana.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences; he
voluntarily waived his right to representation by counsel, and
entered a plea of guilty to the charge and specification.
Whereupon the Examiner entered the order above mentioned. | Appeal No. 0313 | Suspension and Revocation Appeals Authority | 3/2/1949 | 3/2/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0314 - ROMAN | In the Matter of Certificate of Service No. E-335540
Issued to: LEOPOLDO ROMAN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
314
LEOPOLDO ROMAN
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 17 December, 1948, an Examiner of the United States Coast
Guard revoked Certificate of Service No. E-335540 and all other
valid certificates and documents held by Leopoldo Roman upon
finding him guilty of misconduct based upon his illegal possession
of 153 grains of marijuana while serving as messman on the American
SS LEVI WOODBURY in a domestic port on 19 January, | Appeal No. 0314 | Suspension and Revocation Appeals Authority | 3/2/1949 | 3/2/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0317 - GEER | In the Matter of License No. 15785
Issued to: ARCHIBALD C. GEER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
317
ARCHIBALD C. GEER
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 January, 1949, an Investigating Officer of the United
States Coast Guard at Seattle, Washington, served Appellant with a
document charging him with negligence based upon one specification
which particularized the offense charged and set the hearing on the
charge for 4 January, 1949. At the opening of the hearing, counsel
for Appellant moved for a postponement in order that he might
better acquaint himself with the details of the case and confer
with at least one witness. This motion was denied because the
Investigating Officer advised the Examiner an interval of a week or
two would probably elapse before the witnesses whom he intended to
call would be again available. Thereupon, the charge and
specification were formally read to Appellant and after
consultation with his counsel, a plea of "guilty" was entered.
Appellant explained to the Examiner that the plea was made "under
the circumstances." | Appeal No. 0317 | Suspension and Revocation Appeals Authority | 3/23/1949 | 3/23/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0318 - CABERO | In the Matter of Merchant Mariner's Document No. Z-278408
Issued to: MARIANO SORIA CABERO
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
318
MARIANO SORIA CABERO
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 31 January, 1949, an Examiner of the United States Coast
Guard entered an order revoking Merchant Mariner's Document No.
Z-278408 held by Mariano Soria Cabero upon finding him guilty of
misconduct based upon the allegations of a specification that while
serving as messman on the American steamship JOHN WANAMAKER, under
authority of his duly issued Merchant Mariner's Document, he did on
or about 6 November, 1947, while said vessel was at Brooklyn, New
York, have in his possession certain quantities of narcotics; to
wit, marijuana, contrary to law. | Appeal No. 0318 | Suspension and Revocation Appeals Authority | 3/23/1949 | 3/23/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0319 - GRIFFIN | In the Matter of Certificate of Service No. E-410983
Issued to: ERNEST GRIFFIN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
319
ERNEST GRIFFIN
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1, on appeal
from an order dated 20 December, 1948, by an Examiner of the United
States Coast Guard at New York, revoking the Certificate of Service
No. E-410983 held by Ernest Griffin upon a plea of "guilty" to a
charge of misconduct supported by one specification alleging that
while Griffin was serving as a utilityman on board the American SS
SANTA PAULA under authority of said certificate, he did, on or
about 17 November, 1948, when said vessel was in a domestic port,
unlawfully have in his possession eight marijuana cigarettes
containing a total of fifty-three grains of marijuana. | Appeal No. 0319 | Suspension and Revocation Appeals Authority | 4/4/1949 | 4/4/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0315 -STENNET | In the Matter of Certificate of Service No. E-403581
Issued to: JOHN M. STENNET
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
315
JOHN M. STENNET
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 29 December, 1948, an Examiner of the United States Coast
Guard at San Francisco, California, suspended for a period of two
months Certificate of Service No. E-403581 held by John M. Stennet
upon finding him guilty of misconduct while serving as messman on
the American SS CACHE. The four specifications of the charge were:
Specification I: "In that you, while serving as messman on
board a merchant vessel of the United
States, the SS CACHE, under authority of
your duly issued Certificate, did, on or
about 16 November, 1948, at Bahrein
Island, Persian Gulf, assault the Junior
3rd Assistant Engineer, one Eddie
McBride."
Specification II: "In that you while serving as above did
on or about 18 October, 1948, use
disrespectful language toward an officer
of the vessel who was at the time in
charge of the 8-12 p.m. watch and was
performing his official duties, the
file:////hqsms-lawdb/users/KnowledgeManagementD...S%20&%20R%20305%20-%20678/315%20-%20STENNET.htm (1 of 7) [02/10/2011 1:42:25 PM]
Appeal No. 315 - JOHN M. STENNET v. US - 11 April, 1949.
vessel being at sea."
Specification III: "In that you while serving as above did
on or about 19 October, 1948, while at
sea, use disrespectful language towards
the Junior 3rd Assistant Engineer, one
Eddie McBride, while serving him
breakfast."
Specification IV: "In that you while serving as above, did,
on or about 16 November, 1948, at Bahrein
Island, Persian Gulf, beat a member of
the crew, Eddie McBride." | Appeal No. 0315 | Suspension and Revocation Appeals Authority | 4/11/1949 | 4/11/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0320 - ZEVERINO | In the Matter of Merchant Mariner's Document No. Z-521514
Issued to: NICOLO ZEVERINO
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
320
NICOLO ZEVERINO
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 February, 1949, this Appellant was tried before an
Examiner of the United States Coast Guard at New York on a charge
of misconduct supported by a specification alleging that while he
was serving as Second Electrician on board the American SS ROBIN
HOOD under authority of a duly issued Merchant Mariner's Document
(Z-521514) he had in his possession, contrary to law, on or about
21 January, 1949, a quantity of narcotics, to wit, 134 grains net
of marijuana. | Appeal No. 0320 | Suspension and Revocation Appeals Authority | 4/11/1949 | 4/11/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0331 - DUKE | In the Matter of MERCHANT MARINER'S DOCUMENT Z-31679-D3
Issued to: KEOWN DUKE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
331
KEOWN DUKE
This case comes before me by virtue of Title 46 United States
Code 239 (g) and 46 Code of Federal Regulations 137.11-1.
On March 18, 1949, an Examiner of the United States Coast
Guard entered an order revoking Merchant Mariner's Document
Z31679-D3 and all other merchant mariner's documents issued to
Keown Duke upon a plea of guilty to a charge of misconduct,
supported by seven specifications alleging unfitness for duty by
reason of intoxication on seventeen occasions while employed as
able seaman aboard the SS WILLIAM FLOYD from September through
November, 1947, while the vessel was in divers foreign ports.
Appellant, acting as his own counsel, pleaded guilty to the charge
of misconduct and to the seven specifications alleging his
unfitness for duty by reason of intoxication. Appellant did not
take the witness stand nor did he have any other witnesses appear
on his behalf.
The Investigating Officer described the result of his
investigation of the complaint. After receiving this evidence, the
Examiner found the charge and specification proved by the
Appellant's plea. However, he deferred further action in order to
afford the Appellant an opportunity to adduce either witnesses as to his previous good conduct or letters of recommendation attesting
to the same. When he was advised that, after the passage of three
days, the Appellant was unable to secure either character witnesses
or letters of recommendation, the Examiner entered the order of
revocation. | Appeal No. 0331 | Suspension and Revocation Appeals Authority | 4/22/1949 | 4/22/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0312 - GAIER | In the Matter of License No. A-16363
Issued to: JOSEPH B. GAIER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
312
JOSEPH B. GAIER
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On December 22, 1948, a hearing was held before an Examiner,
United States Coast Guard, New York, New York, on a charge of
misconduct, supported by three specifications, preferred against
Joseph B. Gaier, Z-15807 (hereinafter referred to as the
appellant), formerly Chief Mate of the SS SIMEON G. REED.
The appellant was represented by counsel and entered a plea of
"not guilty" to the charge of misconduct, as well as to the three
specifications alleging (1) breaking in of the stateroom door of
the 3rd Assistant Engineer; (2) incapacity for proper performance
of duty by reason of intoxication; and, (3) use of abusive and
threatening language to the master. | Appeal No. 0312 | Suspension and Revocation Appeals Authority | 4/29/1949 | 4/29/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0332 - TIMAS | In the Matter of Certificate of Service No. A-14082
Issued to: ANTHONY L. TIMAS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
332
ANTHONY L. TIMAS
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 March, 1949, an Examiner of the United States Coast Guard
entered an order revoking Certificate of Service No. A-14082 and
all other documents issued to Anthony L. Timas upon a plea of
"guilty" to a charge of misconduct, supported by a specification
alleging that Anthony L. Timas unlawfully possessed, received, and
facilitated transportation and concealment of approximately 212
grains of heroin while serving as an able seaman aboard the SS
MARINE FALCON on 23 July, 1947, in New York, New York.
At the hearing, Appellant was advised of his rights and was
represented by counsel. No witnesses appeared. The Investigating
Officer described the results of his investigation of the case.
Counsel for Appellant made a statement in the nature of a plea that
Appellant be given another chance to go to sea based on counsel's
personal knowledge of Appellant's previous history and on
circumstances surrounding the case. The Examiner found the charge
and specification proved by the Appellant's plea and entered the
order of revocation. | Appeal No. 0332 | Suspension and Revocation Appeals Authority | 5/5/1949 | 5/5/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0333 - PARKER | In the Matter of Merchant Mariner's Document No. Z-433886-D1
Issued to: MORRIS PARKER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
333
MORRIS PARKER
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 April, 1949, an Examiner of the United States Coast Guard
entered an order revoking Merchant Mariner's Document No.
Z-433886-D1 and all other valid licenses and certificates issued by
the Coast Guard held by Morris Parker, upon a plea of guilty to a
charge of misconduct, supported by a specification alleging
possession of about 12 grains of marijuana contrary to law, while
serving under the authority of the document as a messman aboard the
American SS AFRICAN SUN on 23 March, 1949, while that vessel was
moored at Brooklyn, New York. Appellant was advised of the nature
of the hearing, his right to have counsel, and of his other rights
at the beginning of the hearing. Appellant, appearing as his own
counsel, entered a plea of guilty to the charge and specification.
The Investigating Officer described the results of his
investigation. Appellant did not testify under oath, but stated
that he had been smoking marijuana cigarettes for about two years.
He made various other statements including one regarding the manner
in which he obtained the marijuana which was found in his
possession. No witnesses appeared. The Examiner found the charge and specification proved by plea and entered the order of
revocation. | Appeal No. 0333 | Suspension and Revocation Appeals Authority | 5/9/1949 | 5/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0334 - TERCERO | In the Matter of Merchant Mariner's Document Z-456458
Issued to: FRED EUGENE TERCERO
DECISION AND FINAL ORDER OF THE COMMANDANT
334
FRED EUGENE TERCERO
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 March, 1949, an Examiner of the United States Coast Guard
at San Francisco, California, revoked Merchant Mariner's Document
Z-456458 issued to Fred Eugene Tercero upon finding him guilty of
a charge of misconduct based upon two specifications alleging that
on 17 March, 1948, he unlawfully imported a quantity of marijuana
without having registered and paid the tax required by law, and
that he unlawfully acquired this marijuana without paying the
transfer tax required by law.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences. He was
advised that he was entitled to counsel, but Appellant chose to act
as his own counsel. Appellant entered a plea of "not guilty" to
the first specification and a plea of "guilty" to the second
specification. The Investigating Officer made an opening statement
concerning his investigation of the case, and took the witness
stand for the purpose of identifying a certified copy of a
commitment order of the United States District Court for the
Southern District of California, Central Division, dated 15 April,
1948, in the case of United States versus Fred E. Tercero. | Appeal No. 0334 | Suspension and Revocation Appeals Authority | 5/11/1949 | 5/11/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0336 - HOLT | In the Matter of Merchant Mariner's Document No. Z-169409
Issued to: ARNOLD HOLT
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
336
ARNOLD HOLT
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 1 March, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at New York on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as fireman-watertender on board the American
SS ROCK SPRING VICTORY, under authority of a duly issued Merchant
Mariner's Document (Z-169409), he had in his possession, contrary
to law, on or about 12 January, 1948, a quantity of narcotics; to
wit, marijuana.
Appellant voluntarily waived his right to representation by
counsel and entered a plea of "guilty" to the charge and
specification. After the hearing, the Examiner entered an order
revoking said Merchant Mariner's Document and all other valid
licenses, certificates and documents held by the Appellant.
Appellant indicates in his appeal that he feels his documents
should not be revoked in view of the lesser punishment meted out to
one George Griffith for a similar type offense. Both Appellant and
George Griffith received probationary suspensions from U. S. District courts. Griffith also had his documents suspended
outright for two months and was placed on probation for two years. | Appeal No. 0336 | Suspension and Revocation Appeals Authority | 6/2/1949 | 6/2/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0342 - JESUS | In the Matter of Merchant Mariner's Document Z-62646
Issued to: OTILIO DE JESUS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
342
OTILLIO DE JESUS
This case comes before me by virtue of Title 46 United States
Code 239 (g) and Title 46 Code of Federal Regulations 137.11-1.
On 6 April, 1949 Appellant appeared before an Examiner of the
United States Coast Guard at New York, charged with "misconduct"
for that while serving as an Able Seaman on the SS AGWISTAR under
authority of his duly issued Merchant Mariner's Document Z-62646,
on 27 January, 1949 he unlawfully had in his possession a certain
quantity of Marihuana - to wit, approximately 1 pound.
Appellant was represented by counsel who also served as
interpreter for Appellant and entered a plea of guilty to the
charge and specification. After hearing the report of the
Investigating Officer and the argument by counsel for Appellant,
the Examiner entered an ordered revoking appellant's Merchant
Mariner's Document aforesaid together with all other documents or
certificates now held by the Appellant. | Appeal No. 0342 | Suspension and Revocation Appeals Authority | 6/6/1949 | 6/6/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0337 - SULLIVAN | In the Matter of Merchant Mariner's Document Z-413451
Issued to: WILLIAM THOMAS SULLIVAN, JR.
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
337
WILLIAM THOMAS SULLIVAN, JR.
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 4 April, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at New York on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as ordinary seaman on board the American SS
MARINE MARLIN, under authority of a duly issued Merchant Mariner's
Document (Z-413451), he had in his possession, contrary to law, on
or about 24 March, 1949, approximately 32 grains of a narcotic
known as marijuana.
Appellant voluntarily waived his right to representation by
counsel and entered a plea of "guilty" to the specification. After
the hearing, the Examiner found both the specification and the
charge proved, and he thereupon entered an order revoking said
Merchant Mariner's Document Z-413451 and all other valid licenses
and certificates issued to the Appellant by the United States Coast
Guard or any predecessor authority. | Appeal No. 0337 | Suspension and Revocation Appeals Authority | 6/9/1949 | 6/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0339 - LUCIEN | In the Matter of Certificate of Service No. E-521498
Issued to: JAMES HARRY LUCIEN, JR.
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
339
JAMES HARRY LUCIEN, JR.
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 22 March, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at Boston, Massachusetts, on a
charge of misconduct supported by a specification alleging that
while Appellant was serving as messman on board the American SS
SULPHUR MINES, under authority of Certificate of Service No.
E-521498, he unlawfully had in his possession on or about 16
February, 1949, certain narcotics known as marijuana.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences. He
voluntarily waived his right to representation by counsel and
pleaded "guilty" to the charge and specification. At the end of
the hearing, the Examiner entered an order revoking Certificate of
Service No. E-521498 and all other valid certificates of service
held by the Appellant.
In his appeal, Appellant states that this is his first offense
of any nature and that he did not intend to sell the marijuana to others but had planned to use it himself. Appellant is twenty-one
years of age. | Appeal No. 0339 | Suspension and Revocation Appeals Authority | 6/9/1949 | 6/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0335 - DIPMORE | In the Matter of Merchant Mariner's Document No. Z-294959-D1
Issued to: IVORY IVY DIPMORE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
335
IVORY IVY DIPMORE
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 21 March, 1949, Appellant was charged before an Examiner of
the United States Coast Guard at New York with misconduct, for that
while serving as 3rd cook on the American SS MARINE TIGER under
authority of his duly issued Merchant Mariner's Document
Z-294959-D1, he did on or about 2 March, 1949, while said vessel
was in the port of New York, unlawfully have in his possession
narcotics, to wit, eleven grains of marijuana and nine grains of
marijuana seed.
Voluntarily waiving his right to representation by counsel,
Appellant entered a plea of "guilty with an explanation" to this
charge. At a hearing on 22 March, 1949, the unsworn statement of
Appellant was received wherein he admitted his possession of
narcotics but claimed they had been given him by a "friend"
following their mutual indulgence in several drinks. The Examiner
found Appellant was guilty by virtue of the plea and entered an
order revoking the documents identified above and all other
documents or certificates held by this Appellant. | Appeal No. 0335 | Suspension and Revocation Appeals Authority | 6/13/1949 | 6/13/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0347 - BARI | In the Matter of Certificate of Service No. E-560773
Issued to: SANTIAGO M. BARI
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
347
SANTIAGO M. BARI
This appeal has been taken in conformance with 46 United
States Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 5 May, 1949, the Appellant was tried before an Examiner of
the United States Coast Guard at Philadelphia, Pennsylvania, on a
charge of misconduct supported by two specifications. The first
specification alleges that while Appellant was serving as galleyman
on board the American SS GULFBRAND, under authority of a duly
issued Certificate of Service (E-560773), he aided and assisted
Manuel De Jesus Rocha, on about 12 September, 1948, in stowing away
on board the vessel without the consent of the master. The second
specification alleges that while still serving in the above
capacity, the Appellant aided and assisted the alien Rocha, on or
about 18 September, 1948, in illegally entering the United States,
contrary to 8 United States Code 144. | Appeal No. 0347 | Suspension and Revocation Appeals Authority | 6/14/1949 | 6/14/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0341 - BACHILLER | In the Matter of Certificate of Service No. E-654982
Issued to: RAFAEL L. BACHILLER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
341
RAFAEL L. BACHILLER
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 21 April, 1949, Appellant was tried before an Examiner of
the United States Coast Guard at New York City on a charge of
misconduct supported by two specifications. The first specification
alleges that while Appellant was serving as utilityman on board the
American SS AGWISTAR, under authority of his duly issued
Certificate of Service No. E-654982, he unlawfully, and knowingly,
combined and conspired with certain named persons, on or about 15
October, 1948, and continuously thereafter up to on or about 3
February, 1949, to violate 26 United States Code 2591(a) and 26
United States Code 2593(a). The second specification alleges that,
while serving as above, Appellant, on or about 27 January, 1949,
unlawfully acquired approximately one pound of marijuana without
having paid the transfer tax imposed by 26 United States Code
2590(a) and thus violated 26 United States Code 2593(a).
Appellant was represented at the hearing by counsel and the
latter, in behalf of Appellant and with his authorization, entered
a plea of "not guilty" to the first specification and a plea of "guilty" to the second specification. The Examiner received
testimony from both parties in connection with the first
specification. The Examiner then, having found the first
specification "proved in part" and the second specification "proved
by plea," entered an order revoking Certificate of Service No.
E-654982 and all other valid licenses, documents and certificates
held by Appellant which had been issued to him by the Coast Guard
or the predecessor authority. | Appeal No. 0341 | Suspension and Revocation Appeals Authority | 6/17/1949 | 6/17/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0340 - NORMAN | In The Matter of Merchant Mariner's Document No. Z-531800-D2
Issued to: PHILLIP NORMAN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
340
PHILLIP NORMAN
This case comes before me by virtue of Title 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 137.11-1.
On 26 April, 1949 Appellant was charged before an Examiner of
the United States Coast Guard at New Orleans, Louisiana, with
"misconduct" for that while serving as "galley utility" on board a
merchant vessel of the United States, the SS PHILIP BARBOUR under
authority of his duly issued Merchant Mariner's Document
Z-531800-D2, he failed to join said vessel without reasonable cause
on or about 7 April, 1949.
Voluntarily waiving his right to counsel, Appellant pleaded
not guilty to the charge, although he admitted that he had not
sailed with the vessel at the time of its departure from New
Orleans. There was received in evidence an excerpt from the
Shipping Articles from the SS PHILIP BARBOUR showing Appellant's name, rating and wages. Appellant explained that his reason for failing to report to his vessel was due to the fact that on the evening of the 5th of April, he had gone ashore with permission, and had a number of drinks at a nightclub; that he was returning to the ship when the New Orleans police arrested and charged him with disorderly conduct. Before the Municipal Court at New Orleans, he was sentenced to serve 20 days and to pay a fine of $20.00 on each of two charges and his incarceration prevented him from returning to the vessel. | Appeal No. 0340 | Suspension and Revocation Appeals Authority | 6/19/1949 | 6/19/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0348 - RHONE | In the Matter of Merchant Mariner's Document No. Z-757800
Issued to: RICHARD RHONE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
348
RICHARD RHONE
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 17 May, 1949, the Appellant appeared before an Examiner of
the United States Coast Guard at Galveston, Texas, on a charge of
misconduct supported by two specifications. The first
specification alleges that while Appellant was serving as
utilityman on board the American SS GENERAL R. E. CALLAN under
authority of his Merchant Mariner's Document No. Z-757800, he had
in his possession four marijuana cigarettes on or about 18 June,
1947, while in the port of New York. The second specification
alleges that Appellant while serving as above, and on the same
date, gave aid and comfort to a member of the crew in assisting him
to land marijuana in the United States. | Appeal No. 0348 | Suspension and Revocation Appeals Authority | 6/22/1949 | 6/22/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0346 - MCKINZEY | In the Matter of Certificate of Service No. 521617
Issued to: JAMES McKINZEY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
346
JAMES McKINZEY
This appeal has been taken in accordance with 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 April, 1949, Appellant appeared before an Examiner of the
United States Coast Guard at Mobile, Alabama, on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as pantryman on board the American SS JOSEPH
N. DINAND, under authority of his duly issued Certificate of
Service No. E-521617, he assaulted a crew member, Manuel Herrera,
with a dangerous weapon on or about 25 June, 1946. | Appeal No. 0346 | Suspension and Revocation Appeals Authority | 6/23/1949 | 6/23/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0343 - JACKSON | In the Matter of Merchant Mariner's Document No. BK-308991
Issued to: JOHNNIE LEE JACKSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
343
JOHNNIE LEE JACKSON
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
Appellant was charged with misconduct before an Examiner of
the United States Coast Guard at Norfolk, Virginia, based upon
specifications alleging that while serving as a messman on the
American SS TOWANDA VICTORY, under authority of his duly issued
Merchant Mariner's Document No. BK-308991, he did
(1.) On or about 22 March, 1949, while said vessel was in the
port of Cherbourg, France, unlawfully have in his
possession, and concealed in his clothing, a bread knife
with an eight inch blade which was a deadly weapon.
(2.) On or about 22 March, 1949, while said vessel was in
Cherbourg, France, attempt to assault the Second Officer
of said vessel with a deadly weapon while under the
influence of liquor.
(3.) Fail, without justifiable cause, to respond to a summons
served upon him by an authorized officer of the United
States Coast Guard. | Appeal No. 0343 | Suspension and Revocation Appeals Authority | 6/23/1949 | 6/23/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0345 - RAY | In the Matter of Merchant Mariner's Document Z-439836
Issued to: CICERO JAMES RAY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
345
CICERO JAMES RAY
This case comes before me by virtue of Title 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 137.11-1.
On 14 April, 1949 an Examiner of the United States Coast Guard
at Port Arthur, Texas entered an order revoking Appellant's
Merchant Mariner's Document Z-439836 and all other documents,
certificates and/or licenses issued to him, upon finding him guilty
of "misconduct" based upon two specifications alleging, first,
assault and striking his superior officer on 16 August, 1947 while
serving as fireman-watertender on the SS JOHN G. WHITTIER and;
second, importing and bringing into the United States 270 grains of
bulk marihuana on 14 July, 1948 while serving as oiler on the
American SS ALMERIA LYKES. | Appeal No. 0345 | Suspension and Revocation Appeals Authority | 6/28/1949 | 6/28/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0350 - DARCY | In the Matter of Certificate of Service No. A-25811
Issued to: CLEMENCE LEO DARCY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
350
CLEMENCE LEO DARCY
This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.11-1.
On 19 April, 1949, and 22 April, 1949, Appellant appeared
before an Examiner of the United States Coast Guard at Seattle,
Washington, to answer a charge of misconduct based upon four
specifications. These specifications allege that Appellant did,
while serving as deck maintenance man on the American SS STEPHEN W.
KEARNY under authority of his duly issued Certificate of Service
No. A-25811:
1. On or about 2 February, 1949, while said vessel was at a
foreign port, fail to return on board in reasonable time
after having been released from doctor as fit for duty.
2. On or about 3 and 4 February, 1949, while serving as
above, fail to perform his duties without reasonable
cause.
3. On 2, 4, 7, 8, 9 and 10 March, 1949, while serving as
above, fail to turn to at 0800 and perform his duties
between the hours of 0800 and 1700 by reason of being
under the influence of intoxicants all in violation of
good order and discipline. | Appeal No. 0350 | Suspension and Revocation Appeals Authority | 6/30/1949 | 6/30/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0338 - NASSER | In the Matter of Merchant Mariner's Document Z-35960
Issued to: JOSEPH NASSER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
338
JOSEPH NASSER
This appeal comes before me by virtue of Title 46 United
States Code 239 (g) and 46 Code of Federal Regulations 137.11-1.
On 17 March, 1949, the Appellant appeared before an Examiner
of the United States Coast Guard at New York on a charge of
"misconduct" supported by a specification alleging that while
Appellant was serving as utilityman on board the American SS PONTUS
H. ROSS, under authority of a duly issued Merchant Mariner's
Document (Z-35960), he unlawfully possessed and concealed, and
facilitated the transportation and concealment at New York on or
about 7 March, 1948, of a certain narcotic drug commonly known as
heroin which weighed approximately seventeen ounces.
At the hearing, the Appellant was given a full explanation of
the nature of the proceedings and the possible consequences, and he
was represented by counsel of his own selection. Appellant entered
a plea of "guilty" to the specification. Upon completion of the
hearing, the Examiner entered an order revoking said Merchant
Mariner's Document and all other licenses, certificates or
documents issued by the United States Coast Guard to Appellant. | Appeal No. 0338 | Suspension and Revocation Appeals Authority | 7/5/1949 | 7/5/1949 | | 10/30/2017 |