| Suspension and Revocation Appeals Authority | 2143 - FOSTER | These appeals have been taken in accordance with Title 46
United States code 239(g) and Title 46 Code of Federal Regulations
5.30-1.
By orders dated 3 January 1978 (CAMERON) and 6 January 1978
(FOSTER), an Administrative Law Judge of the United States Coast
Guard at Savannah, Georgia, suspended Appellant CAMERON's and
Appellant FOSTER's seaman's documents, respectively, for three
months outright plus six months on twelve months' probation upon
finding each guilty of misconduct. The four specifications found
proved allege that CAMERON, while serving as radio Officer, and
FOSTER, while serving as Chief Steward, onboard SS EXPORT CHAMPION under the authority of the respective documents above-captioned,
did:
(First) "on or about 1000, 15 October 1977, while said vessel
was anchored at Balboa, Panama Canal Zone, awaiting canal
transit, absent himself from said vessel proper
authorization;"
(Second) "on or about 1454, 15 October 1977, when said vessel
departed anchorage area to transit the canal, failed to join
said vessel upon its departure;"
(Third) "on or about 0900, 20 October 1977, while said vessel
was moored at Garden city, Georgia, did use abusive language
towards and Investigating Officer, a United States Coast Guard
Officer, CWO-4 William C HENDRY and did wrongfully impede him
in the performance of his official duties;" and
(Fourth) "on or about 1100, 21 October 1977, did use abusive
language towards a United States Shipping commissioner and
wrongfully impeded a United States coast Guard Officer, Ensign
Bruce P. MORELLI in the performance of his official duties." | Appeal No. 2143 | Suspension and Revocation Appeals Authority | 11/24/1978 | 11/24/1978 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2176 - REED | These appeals have been taken in accordance with 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By orders dated 22 September 1977, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellants' seaman's documents each for six months on
twelve months' probation, upon finding each guilty of misconduct.
The specifications found proved allege that while serving on board
SS JEFF DAVIS under authority of the documents above captioned, on
or about 9 December 1976, each Appellant wrongfully created a
disturbance by engaging in a fight with the other.
The hearings were held in joinder at New Orleans, Louisiana,
on several occasions, from 15 February 1977 to 7 September 1977.
At the proceedings each Appellant was represented by
professional counsel and entered a plea of not guilty to the
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of one witness, obtained by deposition on written interrogatories,
and voyage records of JEFF DAVIS. | Appeal No. 2176 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2172 - CHAPMAN | The Decision on Appeal, No. 2127, in this case has been
reconsidered on my own motion. It was held in the principal
decision that because the expression "complement of officers and
crew" appeared in the first paragraph of R.S. 4463 (46 U.S.C. 222)
and the language in the second paragraph, allowing discretion to
the master of a vessel to sail with a deficiency, spoke only of a
deficiency in the "crew," there could be no allowable sailing of a
vessel with a deficiency of a licensed officer. It was said, "A
vessel may not, under this statute, be navigated at all with a
deficiency of a required licensed officer."
From the enactment of section 14, of Act, Feb. 28, 18718 ch.
100, 16 Stat. 446 the statute from which R.S. 4463 was derived,
until 1908, the law was concerned only with the problem of
deficiency of licensed officers. Such a deficiency was tolerated
under carefully prescribed circumstances. There was no reference
to deficiency of other than licensed officers, presumably because
such deficiencies were not considered significant at the time. In
1908 the statute was expanded to vest in the inspectors the
authority to prescribe the requirements not only of licensed
officers but also of the other seamen who might be found, in the
judgement of the inspectors, necessary for the safe navigation of
the vessel. The view expressed in the principal decision in this case necessitates a belief that the amendment of 1908 was intended
to allow a deficiency in the unlicensed members of the crew (who
had never before been "required") but to cut off completely the
possibility of the one form of deficiency with which the statute
had been concerned for over thirty years. | Appeal No. 2172 | Suspension and Revocation Appeals Authority | 11/21/1979 | 11/21/1979 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2653 - ZERINGUE | The complaint below alleges that a post-casualty urine sample collected from Mr.
Fabian Zeringue, Sr., (Respondent) tested positive for cocaine. The complaint seeks
revocation of Respondent's Coast Guard license, alleging that Respondent performed a
safety sensitive function in violation of federal regulations governing the use of alcohol
and dangerous drugs. The Honorable Archie Boggs, a United States Coast Guard
Administrative Law Judge (ALJ), dismissed the complaint for failure of proof by a
Decision and Order (D&O) issued on March 27, 2003. The Coast Guard appeals, seeking
Commandant review pursuant to 46 U.S.C. § 7701 et seq., 46 C.F.R. Part 5, and the
procedures set forth in 33 C.F.R. Part 20. | Appeal No. 2653 | Suspension and Revocation Appeals Authority | 5/18/2005 | 5/18/2005 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2729 - COOK | The Coast Guard complaint charged Respondent with use of a dangerous drug, based upon a positive result in a government-mandated random drug test. The D&O found the charge proved and revocation appropriate, and directed Respondent to surrender his credential.
However, because Respondent had already made substantial progress toward cure, the D&O provided for a future hearing to evaluate Respondent's evidence of cure. Respondent filed a
notice of appeal from the D&O.
On April 17, 2019, the ALJ issued a Cure Order, finding Respondent had demonstrated cure from the use of a dangerous drug by completion of a drug rehabilitation program and demonstration of twelve months of non-association. The Cure Order directed the return of Respondent's credential, and converted the period of revocation served to a period of outright
suspension. The Coast Guard appealed.
Both Respondent's appeal from the D&O and the Coast Guard's appeal from the Cure Order are now ripe for decision.
The ALJ's findings and decision were lawful, based on correct interpretation of the law, and supported by the evidence. The Decision and Order's finding of proved as to a charge of
drug use against Respondent was consistent with applicable law and public policy, and the mandatory sanction of revocation was properly ordered. The Cure Order's finding of cure, and conversion of the order of revocation into one of outright suspension was justified. No further action against Respondent's credential is warranted in these circumstances. | Appeal No. 2729 | Suspension and Revocation Appeals Authority | 7/6/2020 | 7/6/2020 | | 7/17/2020 |
| Suspension and Revocation Appeals Authority | 2724 - EDENSTROM | The Coast Guard complaint charged Respondent with two allegations of misconduct. First, the complaint alleged that Respondent failed to disclose a number of medical conditions on the Form CG-719K he submitted to the Coast Guard, in support of an application for renewal of his credential. Second, the complaint alleged that Respondent committed misconduct by failing to appear for a mandated random drug test on October 8, 2015.
Respondent appeals.
FACTS
On April 2I,2015, Respondent submitted Form CG-719K, Merchant Mariner Medical Evaluation Report, dated March 27,2015, to the National Maritime Center (NMC), in support of his application for renewal of his merchant mariner credential. [CG Exs. 6 &,7; D&O at 3.] Section I of the Form CG-719K requires the applicant mariner to attest, subject to prosecution under 18 U.S.C. $ 1001, that the information provided is truthful and complete, without knowing omission. Respondent signed, and so attested. [CG Ex. 7 at3.]
Section IV of the Form CG-719K, Certification of Medical Conditions, lists 88 medical conditions. As the form states at the top of Section IV, it "must be completed by applicant, and
reviewed by verifying medical practitioner." The instructions to that section provide, "Applicants must report their relevant medical conditions to the best of their knowledge, and the verifying medical practitioner must verify the medical conditions, using the table below." Respondent's March 2015 Form CG-719K indicates that Respondent did not report any diagnosis or treatment of any of the 88 listed medical conditions. ICG Ex. 7 at 5; D&O at 3.]
The NMC issued Respondent's renewed credential, which is the credential at issue in this proceeding, on May 8,2015. [CG Ex. l; D&O at 3.] | Appeal No. 2724 | Suspension and Revocation Appeals Authority | 2/18/2020 | 2/18/2020 | | 4/30/2020 |
| Suspension and Revocation Appeals Authority | 2723 - BOUDREAUX | The Coast Guard Complaint charged Respondent with one allegation of misconduct. The complaint alleged that Respondent committed misconduct by violating the drug and alcohol policy of his maritime employer, in refusing to submit to company-mandated random alcohol testing on April 9, 2016. The D&O added, by amendment to conform to proof, violation of a Master's lawful order as an additional element of the charged misconduct, and found the charge proved, as to violation of both a company policy and a Master's order. The ordered sanction was a sixty-day suspension of Respondent's credential.
Respondent appeals.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard and was employed as an able seaman by OSG Ship Management (OSG), aboard the MN OVERSEAS LONG BEACH. [D&O at 3.] Respondent's service on the OVERSEAS LONG BEACH was under the authority of his credential. | Appeal No. 2723 | Organization: Suspension and Revocation Appeals Authority | 12/30/2019 | 12/30/2019 | | 2/18/2020 |
| 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 | 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 | 1569 - BUNN | Pursuant to the order of the court, U. S. District Court for
the Southern District of New York, 20 August 1968, the Order in the
captioned case is RESCINDED. The finding and order of the
Examiner, dated at New York, N. Y., on 9 December 1965, are
VACATED, and the charges are DISMISSED. | Appeal No. 1569 | Suspension and Revocation Appeals Authority | 7/12/1966 | 7/12/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 2733 - SCHWIEMAN | On Septernber 13, 2019, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision & Order (D&O), finding proved against Respondent Daniel Walter Schwieman one charge of violation of regulation, for carriage of more than six passengers for hire on an uninspected vessel of less than 100 gross tons, in violation of 46 CFR $ 176.100(a). The ALJ ordered Respondent's Merchant Mariner Credential (MMC) suspended for one month outright, on six months probation. The Coast Guard appeals.
The vessel ALLORA is a vessel of 20 gross tons and is owned by Offshore,LLC ("Offshore"). [D&O at 5; CG Ex. 5, 6.] On June 16, 20T8, the vessel ALLORA did not have a Certificate of Inspection (COf. [D&O at5,Tr. at69.]
Ms. M. Nichols ("the charterer") entered into a charter agreement with Offshore, for use of the ALLORA on June 16,2018. [D&O at 5; CG Ex. 3 at 52-55; Tr. at 159-161.] The charter agreement required the charterer to only use a "qualified operator and crew," and included a "weather policy'' that reserved Offshore's right to cancel or delay the charter in the event of dangerous weather conditions, "even if you and the captain believe they are safe." [CG Ex. 5 at 52-53.1 The charterer paid $ 1,200 for use of the vessel. [D&O at 5; Tr. at 66, 16l.]
On June 16,2018, Respondent operated the ALLORA, as master, on the waters of Lake Michigan, with the charterer and eleven passengers on board. [D&O at 5; Tr. at65-69,160; CG Ex. 3 at 49-57.1 Lake Michigan is a navigable water of the United States. [D&O at 5.]
CONCLUSION
The ALJ's ultimate findings and conclusions were neither erroneous nor an abuse of discretion. His decision complies with 33 CFR $ 20902, and he exercised his lawful discretion in assessing the credibility of the evidence presented. | Appeal No. 2733 | Suspension and Revocation Appeals Authority | 11/20/2020 | 11/20/2020 | | 11/24/2020 |
| Suspension and Revocation Appeals Authority | 2728 - DILLON | On September 6, 2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued findings and conclusions from the bench, finding the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent Michael John Dillon proved, and ordering the revocation of Respondent's credential.
The Coast Guard complaint charged Respondent with use of a dangerous drug, based upon a positive result in a government-mandated periodic drug test.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued to him by the United States Coast Guard. [CG Ex. 1].
On January 29,2018, Respondent submitted to a government -mandated periodic urine drug test, pursuant to an application for raise-in-grade of his credential. [Tr. Vol. II at 144.]
Pursuant to regulation, the sample provided by Respondent was a "split sample": the urine sample was divided by the collector into two separate specimen containers-the primary specimen and the split specimen. [Tr. Vol. I at34-35,86-90.] Respondent signed a Federal Drug Testing Custody and Control Form (DTCCF) for provision of his urine specimen. [Tr. Vol II at 144.1 Respondent's primary urine specimen was tested on January 30 by Alere Toxicology.
That test retuned a positive result for marijuana metabolites. [Tr. Vol. II at 144.) Results of the test were forwarded to a medical review officer (MRO). [id.] | Appeal No. 2728 | Suspension and Revocation Appeals Authority | 4/8/2020 | 4/8/2020 | | 6/2/2020 |
| Suspension and Revocation Appeals Authority | 2699 - MAXWELL | On September 23, 2010, the Coast Guard filed an original Complaint against Respondent, which was later amended. [D&O at 1] On November 30, 2010, after receiving an extension of time, Respondent filed an Answer to the original Complaint wherein he admitted all jurisdictional allegations but denied all factual allegations. [Id.]
The Coast Guard filed its first Amended Complaint in the matter on December 20, 2010. [D&O at 1] On January 7, 2011, the Coast Guard filed a second Amended Complaint. [D&O at 2] The factual allegations of the second Amended Complaint alleged as follows:
1. On 07/29/2010, the Respondent, Earl W. Maxwell . . . was convicted of Use/Possession of Drug Paraphernalia by the District Court of Mobile County, Alabama.
2. Use/Possession of Drug Paraphernalia is a misdemeanor under the Code of the State of Alabama, Title 13A; Criminal Code Section 13A-12-260.
3. Code of the State of Alabama, Title 13A; Criminal Code Section 13A-12-260 is a Dangerous Drug Law of the State of Alabama.
4. The Respondent, Earl W. Maxwell was convicted within the last 10 years of violating a Dangerous Drug Law of a State, as described by Title 46 U.S. Code Section | Appeal No. 2699 | Suspension and Revocation Appeals Authority | 7/13/2012 | 7/13/2012 | | 8/24/2020 |
| Suspension and Revocation Appeals Authority | 2727 - BOUDREAUX II | On October 18, 2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued findings and conclusions from the bench, finding the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent Robert Ryan Boudreaux proved, and ordering the suspension of Respondent's credential for 90 days, with a further suspension of six months suspended on nine months probation.
That Coast Guard Complaint alleged misconduct in that Respondent served aboard a vessel under the authority of his credential from October 25 to November 13 , 2017, in violation
of an ALJ order suspending that credential.
FACTS & PROCEDURAL HISTORY
At all times relevant to these proceedings, Respondent was the holder of a Merchant Mariner Credential issued by the United States Coast Guard (MMC).
On October 18,2016, the Coast Guard filed a Complaint against Respondent's MMC alleging that Respondent had committed an act of misconduct by failing to comply with his marine employer's drug and alcohol policy. See Appeal Decision 2723 (BOUDREAUX Ð (2019) at 3, 2019 WL 8137712 at 2. That Complaint was assigned Coast Guard ALJ docket number 2016-0332.
The hearing in that matter was convened by ALJ Bruce T. Smith on July 11,2017. At the conclusion of the hearing, the ALJ retuned Respondent's MMC to his possession, with the understanding that this allowed Respondent to continue working under the authority of his credential, pending decision in his case. [Respondent Ex. 3 (CG-ALJ 2016-0332Tr. Vol. II at 226-28).1 | Appeal No. 2727 | Suspension and Revocation Appeals Authority | 4/28/2020 | 4/28/2020 | | 5/20/2020 |
| Suspension and Revocation Appeals Authority | 2644 - SHINE | On November 23, 2003, Eric Norman Shine (Respondent) filed an Appeal of Administrative Law Judge (ALJ) Parlen McKenna’s Order dated November 20, 2003, denying his Motion for recusal/disqualification of the ALJ. On appeal, Respondent asserts that the ALJ should be recused “due to numerous, if not enormous conflicts of interest, which are clear in the manner by which these very proceedings have and continue to be taken place, both in form and function and lack thereof.” [Respondent’s Appeal of Judge McKenna’s November 20th, 2003, ‘Order Denying Respondent’s Motion for Recusal’ (Respondent’s Appeal) at 4]
The ALJ Docketing Center forwarded Respondent’s Appeal on November 24, 2003. In addition to forwarding Respondent’s Appeal, the Docketing Center forwarded Respondent’s Motion for Recusal of Judge Parlen L. McKenna (filed by and through his attorneys of record), the Coast Guard’s reply to that Motion, and Judge McKenna’s Order Denying Respondent’s Motion for Recusal. Based upon a review of those documents, I find that Respondent’s Appeal is not ripe for review. | Appeal No. 2644 | Suspension and Revocation Appeals Authority | 2/2/2004 | 2/2/2004 | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2736 FREMEN | On May 5, 2021, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Default (OD) for Respondent Derrick Thomas Fremen's failure to attend prehearing conferences, finding proved the Coast Guard's Amended Complaint filed on February 18, 2021 (Amended Complaint) against the Merchant Mariner Credential of Respondent, and ordering the revocation of Respondent's credential.
CONCLUSION
The ALJ's decision to issue an Order of Default was not an abuse of discretion. The order imposed by the ALJ, revoking Respondent's Merchant Mariner Credential, was not excessive. There is no reason to disturb the AU's Order. | Appeal No. 2736 | Appeal No. 2723 | 11/22/2021 | 11/22/2021 | | 12/1/2021 |
| Suspension and Revocation Appeals Authority | 2721 TOWNSEND | On May 21,2018, an Administrative Law Judge (ALJ) of the United States Coast Guard issued an Order of Dismissal rü/ith Prejudice, Order Denying Motion for Continuance, Order Disapproving Settlement Agreement (ALJ Orders), finding that the Coast Guard lacked jurisdiction to maintain its suspension and revocation action against the Merchant Mariner Credential (MMC) of Respondent James Townsend after the National Maritime Center denied
his request to renew his MMC, imposing a one-year assessment period from the date of Respondent's conviction for battery, and following the subsequent expiration of Respondent's
MMC.
The Coast Guard appeals.
I will grant the appeal because the ALJ erred in finding a lack ofjurisdiction.
BACKGROUND
Respondent was the holder of an MMC issued to him by the United States Coast Guard,
which had been renewed on April 18,2012. [ALJ Orders at 4r] Typically, an MMC is issued for
five years, and Respondent's MMC would have been expired on April 19,2017. [Tr. at l0-11]
In this case, Respondent's MMC expired on September 30,2017, because of a nation-wide
automatic extension applicable to all credentials expiring after December 1,2016. lld. at l0; Tr.
at l9; Coast Guard Complaint | Appeal No. 2721 | Suspension and Revocation Appeals Authority | 12/27/2018 | 12/27/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2720 ARGAST | On July 7,2016, an Administrative Law Judge (hereinafter "ALJ") of the United States Coast Guard issued a Decision and Order (hereinafter "D&O") finding proved the Coast Guard's Complaint against the Merchant Mariner Credential of Respondent, Mr. Daniel James Argast, and ordering the revocation of his Merchant Mariner Credential. The Coast Guard Complaint charged use of or addiction to the use of dangerous drugs, specifically alleging that Respondent submitted to a drug test, and that the specimen he provided
tested positive for the presence of cocaine metabolites.
Respondent appeals.
FACTS
At all times relevant to these proceedings, Respondent was the holder of a Merchant
Mariner Credential issued to him by the United States Coast Guard. [D&O at 6]
Respondent has been employed as a "Civilian Mariner" employee of Military Sealift
Command (hereinafter "MSC"), an agency of the United States Navy, since August3,20l2.
lD&O at 6] MSC has a Memorandum of Agreement with the United States Coast Guard
whereby the Coast Guard recognizes that Civilian Mariners are subject to the Navy's Drug Free
V/orþlace Program. [Id.] The chemical drug testing procedures used by MSC differ from the
requirements of 46 C.F.R. Part 16 and the procedures set forth at 49 C.F.R.Part 40, which apply
to civilian merchant mariners in general. [1d.] Under the Memorandum of Agreement, MSC is
authorized to use alternative testing procedures. lld.l Consistent with this agreement, MSC
conducts its drug testing program under the technical guidelines for drug testing provided by the
Department of Health and Human Services (hereinafter "HHS"). [1d.] | Appeal No. 2720 | Suspension and Revocation Appeals Authority | 11/5/2018 | 11/5/2018 | | 2/6/2019 |
| Suspension and Revocation Appeals Authority | 2725 - JORY | On December 5, 2008, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision and Order (D&O) revoking the Merchant Mariner credentials of Respondent Jack Anthony Jory upon finding that Respondent posed a security risk and a threat to the safety of a marine vessel, a basis for suspension or revocation of a credential under 46 U.S.C. $ 7703(5). The factual allegation supporting the Coast Guard's Complaint alleged that on November 3,2008, Respondent threatened the life of the Master of the MA/ SEA FOX (O.N 551454).
Respondent appealed the D&O. Respondent's appeal was rejected and the D&O was affirmed via Commandant Decision on Appeal dated December 22,2010 (Appeal Decision 2691 (JORY), 2010 WL s79033s).
On June 30,2015, Respondent mailed a "Petition to Reopen," which was received at the Docketing Center on July 9,2015. On July 16,2015, the ALJ issued an Order Denying Respondent's Motion to Reopen. On July 28,2015, Respondent filed a Motion to Reconsider. The ALJ denied this request via an Order dated July 31,2015. Respondent now appeals the denial of his petition to reopen. In brief, Respondent, while serving aboard M/V SEA FOX on November 3, 2008, told the Master of M/V SEA FOX, "I will kill you." In events leading up to the statement, Respondent lunged at the Master while trying to grab a paper out of the Master's hand and struck the Master's hand, knocking a pen to the floor. In his findings, the ALJ characterized that action as an assault. On appeal, Respondent contended that no assault occurred, and also that it was improper to find an assault since he was not charged with assault. The appeal decision rejected both contentions. Respondent also contended that the ALJ erred in failing to grant a subpoena at issue on appeal had been made more than
a month after the record was closed and the D&O was issued. Accordingly, the contention concerning the subpoena, too, was rejected. | Appeal No. 2725 | Suspension and Revocation Appeals Authority | 3/8/2020 | 3/8/2020 | | 4/30/2020 |
| Suspension and Revocation Appeals Authority | 2737 - STINZIANO | On April 20, 2022, an Administrative Law Judge (ALJ) of the United States Coast Guard issued a Decision and Order (D&O), finding proved three charges of misconduct against the Merchant Mariner Credential (MMC) of Respondent Mark Steven Stinziano. The ALJ ordered Respondent's credential suspended for four months outright, with a further suspension of eight months suspended on twelve months probation.
CONCLUSION
Concerning Charges 1, 2, and 6 and the allegations in Charge 5 relating to the Second Mate, the ALJ' s findings and rulings were lawful and consistent with law and precedent. He exercised his lawful discretion in assessing the credibility of the evidence presented. In view of uncertainties with respect to the interpretation of 18 U.S.C. § 2244(b) and 18 U.S.C. § 2246(3), the case will be remanded.
ORDER
The ALJ's Order dated April 20, 2022, is set aside and the case is REMANDED for proceedings consistent with this opinion. | Appeal No. 2737 | Suspension and Revocation Appeals Authority | 1/6/2023 | 1/6/2023 | | 3/14/2023 |
| Suspension and Revocation Appeals Authority | 2732 - CAMP | On April 16, 2019, an Administrative Law Judge (ALJ) of the United States Coast Guard dismissed the Coast Guard's complaint against Respondent Christopher Joseph Camp, in a bench ruling. The complaint alleged two counts of misconduct, for refusing to submit to a drug test required by 46 CFR Part 16 and required by company policy. The Coast Guard appeals.
On June 29, 2018, the Coast Guard filed a Complaint charging Respondent with two counts of misconduct. The first count charged
Respondent with refusing to submit to a drug test required by 46 CFR Part 16 by failing to remain at the collection site until the testing process was complete. The second count charged Respondent with violation of his employer's company policy, requiring compliance with drug testing procedures, by failing to remain at the collection site until the testing process was complete. Both charges were based on an April 24, 2018, random drug test in Morgan City, Louisiana. | Appeal No. 2732 | Suspension and Revocation Appeals Authority | 11/10/2020 | 11/10/2020 | | 11/17/2020 |
| Suspension and Revocation Appeals Authority | 2718 LEWIS | On April 11, 2016, an Administrative Law Judge (hereinafter "ALJ") of the United States
Coast Guard revoked Merchant Mariner Credential of Respondent, Mr. Kevin Gerod Lewis,
upon finding proved a charge of use of or addiction to the use of dangerous drugs.
The ALJ' s bench decision was followed by the issuance of a Decision and Order
(hereinafter "D&O") dated April 14, 2016.
The Coast Guard Complaint alleged that Respondent submitted to a non-DOT drug test
on June 26, 2015, and that the specimen he provided subsequently tested positive for the
presence of cocaine metabolites.
Respondent appeals. | Appeal No. 2718 | Suspension and Revocation Appeals Authority | 4/6/2018 | 4/6/2018 | | 4/16/2018 |
| Suspension and Revocation Appeals Authority | 2501 - HAWKER | On 26 July 1990, the Vice Commandant affirmed the suspension of
Petitioner's license. Petitioner thereafter filed a timely notice of
appeal to the National Transportation Safety Board. Pending the
decision of the Vice Commandant, Petitioner had been granted a
temporary license. By request dated 7 August 1990 Petitioner has
requested a stay of the decision of the vice Commandant pursuant to
46 CFR 5.715 pending the decision of the National Transportation
Safety Board.
ORDER
The effect of the Vice Commandant's decision on Appeal 2501
issued on 26 July 1990 is hereby STAYED pending the decision of the
National Transportation Safety Board on Petitioner's appeal. An
Officer in Charge, Marine Inspection shall issue a temporary document
to Petitioner in accordance with 46 CFR 5.715, to be renewed as
necessary until such time as the National Transportation Safety Board
has completed its review. | Appeal No. 2501 | Suspension and Revocation Appeals Authority | 9/1/1990 | 9/1/1990 | | 11/30/2017 |
| 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 | 1597 - JOHNSON | In this case there are two appeals involved. Both are taken
in accordance with Title 46 United States Code 239 (g) and Title 46
Code of Federal Regulations 137.30-1. Two different orders of
Examiners are appealed from, one entered at San Francisco,
California, on 30 September 1965, the other entered at Baltimore,
Maryland, on 27 April 1966. In both cases, Appellant was found
guilty of misconduct.
In San Francisco case the specifications found proved alleged
that Appellant, while serving as second mate aboard the United
States SS C. R. MUSSER under authority of the captioned license and
document, on or about 29 June 1965, at Madras, India, was
wrongfully asleep while on watch, and on or about 1 July 1965 at
Madras, India, wrongfully failed to perform duties by reason of
intoxication.
At the hearing, held on 26 August 1965, Appellant elected to
act as his own counsel and entered a pleas of guilty to the charge
and each specification.
At the end of the hearing the Examiner reserved decision.
On 30 September 1965, the Examiner entered a written decision
in which he concluded that the charge and specifications had been
proved by plea. He also entered a written order suspending all
documents issued to Appellant for a period of four months on twelve
months's probation.
The Examiner attempted to serve this decision and order upon
Appellant by registered mail. He was unsuccessful.
In the Baltimore case, the fourteen specifications found
proved alleged that Appellant, while serving as third mate aboard
the United States SS GARDEN STATE, between 14 February and 11 March
1966, in various ports or at sea, wrongfully failed to perform
duties because of intoxication, was wrongfully absent from the
vessel, or wrongfully possessed or drank intoxicating liquor aboard
the vessel. | Appeal No. 1597 | Suspension and Revocation Appeals Authority | 12/29/1966 | 12/29/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 0344 - CROFT | In the Matter of Merchant Mariner's License No. A-2008
Issued to: ROBERT M. MAGNUSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
344
ROBERT M. MAGNUSON
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 14 February, 1949, an Examiner of the United States Coast
Guard at Detroit, Michigan, entered an order suspending License No.
A-2008 for a period of three months upon finding Appellant guilty
of the charge of "negligence" while he was serving as Master on
board the American SS HARRY W. CROFT under authority of his duly
issued license. The charge is based on a specification alleging
that Appellant failed to navigate the SS HARRY W. CROFT at a
moderate speed during a period of low visibility, on or about 30
October, 1948, while on a voyage from Toledo, Ohio, to Indiana
Harbor, Indiana, carrying approximately nine thousand tons of coal.
This is a violation of Rule 15 of the laws relating to the
navigation of vessels, Title 33, United States Code 272.
At the hearing, the regulatory requirements with respect to
Appellant's rights were complied with and Appellant was represented
by counsel of his own choice. Appellant pleaded "not guilty" to
the specification but at the conclusion of the hearing, the
Examiner found the specification and charge "proved." After his license had been suspended, the Appellant was issued a temporary
license pending determination of this appeal. | Appeal No. 0344 | Suspension and Revocation Appeals Authority | 7/8/1949 | 7/8/1949 | | 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 | 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 | 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 | 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 | 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 |
| Suspension and Revocation Appeals Authority | 0316 - ABDULLAH | In the Matter of Merchant Mariner's Document Z-324851
Issued to: MESSINA ABDULLAH
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
316
MESSINA ABDULLAH
On 30 December, 1948, Messina Abdullah, a merchant seaman, was
brought before an Examiner of the United States Coast Guard, under
the provisions of R. S. 4450, on a charge of "misconduct", based
upon the following specification:
"In that you, while serving as oiler on board a merchant
vessel of the United States, the SS GROTON TRAILS, under
authority of your duly issued certificate, did, on or
about 20 September, 1948, while said vessel was at
Brooklyn, New York, have in your possession, contrary to
law, certain narcotics; to wit, about 14 grains of crude
opium." | Appeal No. 0316 | Suspension and Revocation Appeals Authority | 7/13/1949 | 7/13/1949 | | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 0349 - VIRNET | In the Matter of Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
ANIBAL VIRNET
In The Matter of
Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
Merchant Mariner's Document No. Z-669069
Issued to: CLARENCE DEANE MILLER
Merchant Mariner's Document No. Z-630431-D1
Issued to: JOHN HENRY WHEATLEY
Certificate of Service No. E-61599
Issued to: MANCEL S. HAWKINS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
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 30 and 31 March, 1949, each of the above-named Appellants
appeared before an Examiner of the United States Coast Guard at
Seattle, Washington, to answer a charge of "misconduct" supported by the following specification:
"In that you, while serving (in the stated individual
capacity) on board a merchant vessel of the United
States, the MV LUCIDOR, under authority of your duly
issued Merchant Mariner's Document (or Certificate, as
applicable) did, on or about 25 January, 1949, unlawfully
delay the sailing of said vessel from a domestic port by
reason of failure to report aboard in accordance with
posted sailing orders, such being contrary to 46 U.S.C.
701." | Appeal No. 0349 | Suspension and Revocation Appeals Authority | 9/29/1949 | 9/29/1949 | | 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 | 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 | 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 | 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 | 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 |