| 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 2735 - ROBB | 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 4, 24.]
On August 31, 2018, Respondent was a crewmember of the SLNC PAX, which had been selected for random drug testing. [D&O at 4.] On August 31, 2018, Respondent provided a urine sample to a certified specimen collector. [Id.] He signed the Federal Drug Testing Custody and Control Form (CCF), and initialed the seals that are intended to be placed on the specimen bottles while the seals were still attached to the CCF. [Id. at 5.] The collector poured
Respondent's sample into two specimen bottles and sealed the bottles in Respondent's presence. [Id.]
Respondent's specimen was tested by a laboratory accredited to perform drug testing comporting with Department of Transportation (DOT) standards. The laboratory determined that Respondent's sample was positive for amphetamines at a level of 552 ng/mL and for methamphetamines at a level of 9057 ng/mL, exceeding the cut-off levels for positive tests found in DOT regulations. [D&O at 6, 25.]
BASES OF APPEAL
Respondent raises the following issues on appeal:
I The ALJ's Ultimate Findings of Fact and Conclusions of Law Nos. 5 and 8 are not supported by substantial evidence.
II. The ALI abused his discretion by relying upon inherently incredible testimony. | Appeal No. 2735 | Suspension and Revocation Appeals Authority | 8/17/2021 | 8/17/2021 | | 8/30/2021 |
| Suspension and Revocation Appeals Authority | 2722 - BADUA | FACTS & PROCEDURAL HISTORY
At all relevant times, Respondent held a Merchant Mariner Credential (MMC) issued by
the United States Coast Guard. On February 27,2018, Respondent took a required preemployment
drug test, pursuant to 46 CFR Part 16. The urine sample provided by Respondent
tested positive for hydromorphone. Respondent maintains that the positive result was the result
of a one-time, inadvertent use of another person's prescription medication.
The Coast Guard issued its Complaint against Respondent's MMC on April 13, 2018.
On April 30, 2018, the Coast Guard and Respondent entered into a Settlement Agreement, and
on May 7 , the Coast Guard filed a motion for approval of that agreement. On May 8, 2018, a
Coast Guard ALJ issued a Consent Order approving the terms of the Settlement Agreement. | Appeal No. 2722 | Suspension and Revocation Appeals Authority | 10/21/2019 | 10/21/2019 | | 11/5/2019 |
| Suspension and Revocation Appeals Authority | 2701 - CHRISTIAN | DECISION OF THE COMMANDANT ON APPEAL FROM DENIAL OF
APPLICATION FOR ATTORNEY'S FEES FROM THE UNITED STATES COAST
GUARD
This appeal is taken in accordance with S U.S.C. § S04 and 49 C.F.R. Part 6.
By order dated July 21,2011, an Administrative Law Judge (hereinafter "AU") of the
United States Coast Guard denied Aaron Louis Christian's (hereinafter "Respondent's")
application for attorney's fees and expenses incurred as a result of defending himself against a
charge of misconduct brought by the Coast Guard against his merchant mariner credentials.
Through its original Complaint, the Coast Guard alleged that Respondent committed misconduct
and violation of law or regulation by manifesting a blood alcohol content level in excess of the
Department of Transportation's Breath Alcohol standards. The Coast Guard subsequently
amended its Complaint to remove the "violation of law or regulation" allegation. The allegation
of misconduct remained and was a pending charge throughout all stages of the proceeding
against Respondent's merchant mariner credentials. The misconduct allegation alleged that
Respondent violated a company policy which prohibits employees from reporting to work under
the influence of alcohol. | Appeal No. 2701 | Suspension and Revocation Appeals Authority | 7/22/2013 | 7/22/2013 | | 10/31/2017 |
| Suspension and Revocation Appeals Authority | 2731 - MCLIN | Commandant Decision on Appeal, denying the Coast Guard's appeal, and affirming the ALJ's decision and order finding proved charges of misconduct and dangerous drug use, and revoking Respondent's MMC. | Appeal No. 2731 | Suspension and Revocation Appeals Authority | 7/23/2020 | 7/23/2020 | | 8/7/2020 |
| Suspension and Revocation Appeals Authority | 2730 - BLAKE | Commandant Decision on Appeal, denying the Coast Guard's appeal, and affirming the ALJ's decision and order finding proved both charges, for violation of law and misconduct, for possession of a handgun onboard a documented vessel, with order of 12-month outright suspension | Appeal No. 2730 | Suspension and Revocation Appeals Authority | 7/17/2020 | 7/17/2020 | | 8/7/2020 |
| Suspension and Revocation Appeals Authority | 1570 - CANNELL & SINDA | By orders dated 27 May 1965, an Examiner of the United States
Coast Guard at Philadelphia, Pennsylvania, suspended Appellant
Cannell's license for two months on six months' probation, and
entered an admonition against Appellant Sinda upon finding them
guilty of negligence and inattention to duty respectively. The
specifications found proved against Appellant Cannell allege that
while serving as pilot on board the United States SS TEXACO
WISCONSIN under authority of the license above described, on or
about 7 August 1964, Appellant negligently failed to sound a danger
signal when his first two blast signal was not responded to by the
approaching SS STEEL MAKER, thereby contributing to a collision
with that vessel, and maneuvered the vessel for a port to port
passing in a situation which dictated a starboard to starboard passing. | Appeal No. 1570 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 2553 - ROGERS | By order dated March 18, 1992, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant Seaman's license for one month outright, plus three
months suspension remitted on six months probation on finding
proved the charge of negligence and one supporting specification.
The proven specification alleges that Appellant, on or about
December 21, 1991, while serving as operator on board the towing
vessel PORPOISE, under the authority of the above-captioned
license, was negligent in his duties by colliding with the Brazos
floodgates on the Gulf Intracoastal Waterway. The collision
damaged the floodgates.
A hearing was held at Houston, Texas, on February 20, 1992.
Appellant was represented at the hearing by the owner and President of the towing company which employed Appellant at the
time of the allision. Appellant denied the charge and the
supporting specification. The Investigating Officer introduced
in evidence fifteen exhibits and the testimony of three
witnesses. In defense, Appellant offered in evidence his own
testimony. The Administrative Law Judge, on his own, introduced
in evidence five documents. After the hearing and
consideration of the evidence, the Administrative Law Judge
rendered a decision on March 18, 1992, in which he concluded that
the charge and specification had been found proved. He served a
written order on Appellant suspending License No. 611951 for a
period of one month outright, plus three months suspension
remitted on six months probation. The decision and order were
served on March 31, 1992.
Professional counsel representing Appellant submitted a
petition to reopen the hearing which was received by the
Administrative Law Judge on April 13, 1992. That same attorney
withdrew the petition to reopen on May 4, 1992, prior to any
decision on the petition. | Appeal No. 2553 | Suspension and Revocation Appeals Authority | 11/4/1993 | 11/4/1993 | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 1925 - ABBOTT | By order dated January 1971, an Administrative Law Judge of
the United States Coast guard at New York, New York, suspended
Appellant's license for three months outright upon finding him
guilty of two charges of negligence. the first charge of
negligence found proved is supported by two specifications, the
first of which alleges that the Appellant, while serving as Master
aboard the SS PONCE DE LEON on 8 March 1969, while enroute Pier 13,
Staten Island, New York, from sea in the Verrazano Narrows Bridge
wrongfully did fail to navigate with due caution as the burdened
vessel by failing to keep out of the way of the SS HONG KONG
MERCHANT in a crossing situation in violation of Rules 19 and 22 of
the Inland Rules of the Road. The second specification under the
first charge alleges that Appellant on that same date, in that same
location, failed to navigate on the starboard side of the channel
until the channel was clear for a safe crossing, and therefore
contributed to a collision between his vessel and the SS HONG KONG
MERCHANT. The second charge of negligence is supported by a single
specification which alleges that the Appellant on 24 March 1969
while Master of the SS PONCE DE LEON when that vessel was departing
San Juan Harbor failed to determine the ship's position before
making a left turn into the Graving Dock Channel thereby grounding
his vessel in the vicinity of Puerto Neuvo Channel Light 3
(LL-1305). | Appeal No. 1925 | Suspension and Revocation Appeals Authority | 5/17/1973 | 5/17/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1910 - HINDS | By order dated 9 September 1971, an Administrative Law Judge
of the United States Coast Guard at San Diego, California,
suspended Appellant's license for six months on 12 months'
probation upon finding him guilty of violation of a statute. The
specifications found proved alleges that while serving as a master
on board the United States fishing vessel CRUSADER under authority
of the license above captioned, on or about 2 July 1971 to 25
August 1971, Appellant did wrongfully employ or engage to perform
the duties of mate aboard the CRUSADER, a fishing vessel of 217
gross tons, a person or persons not licensed to perform such duties
in violation of 46 U.S.C. 224a (R.S. 4438a) for a fishing voyage on
the high seas which began at San Diego, California, and terminated
upon sinking of the vessel.
At the hearing, Appellant was represented by nonprofessional
counsel. Appellant entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence documentary
evidence and testimony of witnesses.
In defense, Appellant offered in evidence his own testimony
and that of other witnesses.
At the end of the hearing, the Administrative Law Judge
rendered a decision in which he concluded that the charge and
specification had been proved. He then entered an order suspending
all licenses, issued to Appellant for a period of six months on 12
months' probation. | Appeal No. 1910 | Suspension and Revocation Appeals Authority | 3/16/1973 | 3/16/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1970 - THOMAS | By order dated 9 September 1970, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him
professionally incompetent and mentally incompetent. The
specifications found proved allege that while serving as Third
Assistant Engineer on board the SS DESOTO under authority of the
document and license above captioned, Appellant:
(1) while the vessel was on a foreign voyage to Far Eastern
ports from 14 May to 7 August 1969, did, by his acts and
commissions while standing engine room watches, demonstrate that he
did not possess and exercise the professional skills and engine
room management of an ordinary prudent licensed Third Assistant
Engineer, thereby rendering himself unfit to serve on merchant
vessels of the United States; and (2) while the vessel was on said voyage from 14 May to 7
August 1969, did, by his acts and omissions, demonstrate that he
was suffering from a psychiatric disorder rendering him unfit to
serve on board merchant vessels of the United States.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to both charges and each
specification.
The Investigating Officer introduced in evidence the testimony
of the vessel's First and Second Engineers, a Customs official and
a psychiatrist and various documentary evidence.
In defense, Appellant offered in evidence a fit-for-duty slip. | Appeal No. 1970 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1760 - POMPEY | By order dated 9 September 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months plus six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as first cook on board SS
SANTA MARIA under authority of the document above captioned, on or
about 27 April 1968, Appellant wrongfully assaulted and battered
with his hand a fellow crewmember, Arthur Eggenberg, causing
injury, while the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of Authur Eggenberg, some relevant photographs of Eggenbert, and voyage records of SANTA MARIA.
In defense, Appellant offered in evidence the testimony of
five witnesses, including his own, certain medical records, and a
record of a notice of claim filed with the owner of SANTA MARIA,
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of six months plus six months on
twelve months' probation. | Appeal No. 1760 | Suspension and Revocation Appeals Authority | 5/2/1969 | 5/2/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1783 - LEE | By order dated 9 October 1968, an Examiner of the United
States Coast Guard at Jacksonville, Florida revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance AB on board USNS MISSION SANTA CRUZ under authority of
the document above captioned, Appellant on or about 5 February and
16 March 1962, failed to perform duties because of intoxication;
and, while serving as AB seaman on board SS WABASH under authority
of the document, on 9 January 1963, wrongfully had marijuana in his
possession.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The entire decision was served on 10 October 1968. Appeal was
timely filed on 22 October 1968 and perfected on 18 August 1969. | Appeal No. 1783 | Suspension and Revocation Appeals Authority | 2/12/1970 | 2/12/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1920 - CESSFORD | By order dated 9 November 1970, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's seaman's documents for eight months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a deck utility on board the SS JEAN
LYKES under authority of the document above captioned, Appellant:
(1) on or about 3 July 1969, did wrongfully have intoxicants
in his possession while the vessel was at Baton Rouge,
Louisiana; and
(2) on or about 5 July 1969, did wrongfully fail to perform
his assigned duties while the vessel was at New Orleans,
Louisiana;
and while serving as an Able Bodied Seaman on board the SS EAGLE
TRANSPORTER under authority of his duly issued document, Appellant: (3) on or about 5 September 1968, did wrongfully fail to join
said vessel at Sattahip, Thailand;
(4) on or about 17 September 1968, did wrongfully fail to
perform his assigned duties while the vessel was at
Bahrain; and
(5) on or about 9 October 1968, did wrongfully fail to join
said vessel at Sattahip, Thailand.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence excerpts from
the shipping articles and official logs of the SS JEAN LYKES and
the SS EAGLE TRANSPORTER.
In defense, Appellant offered in evidence three letters from
defense counsel and two medical reports.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and all five
specifications had been proved. He then served a written order on
Appellant suspending all documents issued to him for a period of
eight months outright. | Appeal No. 1920 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1953 - GRIFFIN | By order dated 9 June 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an Able Bodied Seaman on board the SS AMOCO VIRGINIA
under authority of the document above captioned, on or about 7 June
1972 Appellant did assault and batter with a fireaxe handle
crewmember Thomas R. Casey.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the shipping articles and official ship's log, a medical bill and
the testimony of Third Mate, James Pennino, and Thomas R. Casey. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order revoking
all documents, issued to Appellant.
The entire decision was served on 5 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1953 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1930 - CRUZ | By order dated 9 July 1971, an Administrative Law Judge of the
United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for twelve months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as Second Cook and Baker on board the SS
SANTA CLARA under authority of the document above captioned, on or
about 17 October 1970, while the vessel was in the port of
Buenaventura, Columbia, Appellant
(1) did wrongfully strike the Chief Steward in the face; and
(2) did wrongfully attack the Chief Steward with a knife,
causing him bodily harm and injury.
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 six members of the vessel's crew and various documentary
evidence.
In defense, Appellant offered in evidence his own testimony,
that of the former Second Cook and Baker of the vessel, and various
documentary evidence. | Appeal No. 1930 | Suspension and Revocation Appeals Authority | 5/22/1977 | 5/22/1977 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1766 - O'LEARY | By order dated 9 January 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for six months, plus nine months on eighteen
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an AB
seaman on board SS CHILORE under authority of the document above
captioned, Appellant:
(1) on 2 December 1968, at Pusan, Korea, failed
to stand an assigned gangway watch;
(2) on 9 December 1968, at Pusan, Korea, failed to
perform duties aboard the ship;
(3) on 21 December 1968, at Pusan, Korea, created
a disturbance aboard the vessel while
intoxicated. 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 defense, Appellant made a statement in mitigation.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months plus nine
months on eighteen months' probations. | Appeal No. 1766 | Suspension and Revocation Appeals Authority | 5/20/1968 | 5/20/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1639 - SAUREZ | By order dated 9 December 1966, an Examiner of United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for three months outright. The specifications
found proved allege that while serving as an ordinary seaman on
board the United States SS SANTA RITA under authority of the
document above described, on or about 24 October 1966, Appellant
wrongfully assaulted and battered with his fists another member of
the crew, Frank Trapp, the vessel's Bosun, and on 7 November, 9
November, and between 0800 and 1200 on 10 November 1966, Appellant
wrongfully failed to perform his assigned duties.
Appellant was not present or represented at the hearing. The
Examiner entered a plea of not guilty to the charge and each
specification on behalf of Appellant.
The Investigating Officer introduced in evidence the Shipping
Articles showing Appellant to be a member of the crew at the times alleged in the specifications. The Investigating Officer also
introduced the Official Log Book containing entries concerning the
allegations of the two specifications.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and two
specifications had been proved. The Examiner then entered an order
suspending all documents, issued to Appellant, for a period of
three months outright. | Appeal No. 1639 | Suspension and Revocation Appeals Authority | 6/22/1967 | 6/22/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1751 - CASTRONUOVO | By order dated 9 April 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for three months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as second
assistant engineer on board SS SANTA MARIANA under authority of the
document and license above captioned, on or about 17 August 1967,
when the vessel was at Callao, Peru, Appellant;
(1) wrongfully created a disturbance involving another
crewmember, and
(2) wrongfully assaulted and battered that same
crewmember.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and voyage records of SANTA MARIANA.
In defense, Appellant offered in evidence his own testimony,
the recorded testimony of two witnesses given in another proceeding
(by stipulation), and certain documents. | Appeal No. 1751 | Suspension and Revocation Appeals Authority | 3/12/1969 | 3/12/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1829 - DOSS | By order dated 8 October 1969, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for four months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS FRANK LYKES under authority of the
document above captioned, Appellant:
(1) on or about 17 August 1969, at a foreign port, absented
himself from the vessel and his duties;
(2) on or about 21 August 1969, at a foreign port, absented
himself from the vessel and his duties;
(3) on or about 21 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(4) on or about 22 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(5) on or about 23 August 1969, at a foreign port, wrongfully
absented himself from the vessel and his 0001-0800 watch;
(6) on or about 24 August 1969, at a foreign port, failed to
preform his duties between 0001-0800, being under the
influence of alcohol;
(7) on or about 25 August 1969, at sea, failed to stand his
0000-0400 watch, because of being under the influence of
alcohol; and
(8) on or about 26 September 1969, at a domestic port,
wrongfully failed to stand his 0001-0800 watch.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1829 | Suspension and Revocation Appeals Authority | 12/1/1970 | 12/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1555 - WEBB | By order dated 8 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for 24 months' outright upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as an A.B. on board the United States SS FLYING GULL under
authority of the document above described, on or about 12 July
1965, Appellant did wrongfully assault and batter a fellow
crewmember, Andrew Menice, Boatswain, by striking him about the
right side and inflicting a puncture wound. Another specification
alleging wrongful possession of charez (a form of marijuana) was
found not proved.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1555 | Suspension and Revocation Appeals Authority | 5/23/1966 | 5/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1740 - BAMFORTH | By order dated 8 November 1967, an Examiner of the United
States Coast guard at Providence, R. I., suspended Appellant's
seaman's documents for one month upon finding him guilty of
misconduct and negligence. The specifications found proved allege
that while serving as master on board SS POTOMAC under authority of
the document and license above captioned Appellant:
(I) under a charge of negligence did:
(1) on or about 9 September 1967 at Baltimore, Md.,
engage crewmebers who did not have the documents
required by law, and
(2) at the same time and place engage as licensed
officer a person who did not have in his possession
a license; and (II) under a charge of misconduct, did:
(1) on 9 and 10 September 1967 wrongfully operate the
vessel during other than daylight hours;
(2) on 11 September 1967, wrongfully operate the vessel
during other than daylight hours;
(3) on 10 September 1967, operate the vessel on which
the International Rules of the Road applied without
displaying the navigation lights authorized by
those Rules; and
(4) on 12 September 1967 engage as mate aboard the
vessel a person whose license was of improper scope
for the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1740 | Suspension and Revocation Appeals Authority | 11/25/1968 | 11/25/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1565 - JEREMIC | By order dated 8 November 1965, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months outright finding him guilty of
negligence.The specifications found proved allege that while
serving as master on board the United States SS MANHATTAN under
authority of the license above described, on or about 16, 18, and
19 April 1964, Appellant allowed his vessel to be navigated with
draft "exceeding the maximum safe loading draft indicated by the
latest verbal and charted notices of the U. S. Army Corps of
Engineers," thereby contributing to grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence charts and
other documents, and the testimony of five witnesses. | Appeal No. 1565 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1781 - SELENIUS | By order dated 8 May 1967, an Examiner or the United States
Coast Guard at Seattle, Washington, suspended Appellant's seaman's
documents for two months plus six months on ten months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as second electrician on board SS
NORTHWESTERN VICTORY under authority of the document above
captioned, Appellant:
1) on or about 13, 14, and 31 March 1967, and 1, 10, 11, and
12 April 1967, wrongfully failed to perform duties;
2) on 11 April 1967, wrongfully damaged ship's property, a
mattress in the ship's hospital; and
3) on 26 March 1967, created a disturbance aboard the
vessel. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of nolo contendere to the charge and not
guilty to each specification.
The Investigating Officer introduced in evidence voyage
records of NORTHWESTERN VICTORY and the testimony of two witnesses.
In defense, Appellant made an unsworn statement.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus six
months on ten months' probation. | Appeal No. 1781 | Suspension and Revocation Appeals Authority | 11/7/1969 | 11/7/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1686 - ECHEVARRIA | By order dated 8 June 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for six months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a bedroom steward on
board the United States SS INDEPENDENCE under authority of the
document above described, on or about 11 March 1967, Appellant
assaulted and battered one Ira T. Lee by kicking and punching him
when the vessel was at Dakar, F.W.A.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
voyage records of INDEPENDENCE, the testimony of two persons, and medical reports on Ira T. Lee. The Examiner refused to grant the
Investigating Officer a delay to obtain another witness. When the
Investigating Officer stated that he was not resting his case the
Examiner said, "I will deem that you have rested".
In defense, Appellant then offered in evidence his own
testimony and statements made about him by other persons. These
statement were obtained by an unidentified "private investigator".
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months outright
plus four months on twelve months' probation. | Appeal No. 1686 | Suspension and Revocation Appeals Authority | 3/18/1968 | 3/18/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1692 - SMITH | By order dated 8 June 1967, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's seaman
documents for one month outright plus two months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck utility on board
the United States SS CHARLES LYKES under authority of the document
above described, on or about 23 May 1967, Appellant pilfered ship's
cargo (two cases of beer), at San Juan Puerto Rico.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
In defense, Appellant offered evidence in mitigation.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then served a written order on Appellant suspending all documents issued to him for a period of
one month outright plus two months on twelve months' probation. | Appeal No. 1692 | Suspension and Revocation Appeals Authority | 3/27/1968 | 3/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1633 - DUFFY | By order dated 8 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for 3 months outright plus 3 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an electrician on board
the United States SS SAPPHIRE GLADYS under authority of the
document above described, on or about 14 June 1966, Appellant
wrongfully assaulted and battered a fellow crewmember, one Henry E.
Schultz, on board the vessel at Bremerhaven, Germany.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
Appellant offered no defense.
at the end of the hearing, the Examiner rendered written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 3 months outright
plus 3 months on 12 months' probation. | Appeal No. 1633 | Suspension and Revocation Appeals Authority | 6/5/1967 | 6/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1632 - SCHULTZ | By order dated 8 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for 12 months outright plus 6 months on 18 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an ordinary seaman on
board the United States SS SAPPHIRE GLADYS under authority of the
document above described, on or about l4 June 1966, Appellant
wrongfully assaulted and battered a fellow crewmember, James W.
Duffy, with a milk can and a coffee cut on board the vessel at
Bremerhaven, Germany.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses.
Appellant offered no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 12 months outright
plus 6 months on 18 months' probation. | Appeal No. 1632 | Suspension and Revocation Appeals Authority | 6/5/1966 | 6/5/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1737 - HUMMEL | By order dated 8 January 1968, and Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for four months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as able bodied seaman on board SS EAGLE VOYAGER under
authority of the document above described, on or about 16 December
1967, Appellant:
(1) at Guayanilla, Puerto Rico, wrongfully failed to perform
his duties by reason of intoxication, and
(2) at the same time and place, wrongfully had in his
possession aboard the vessel intoxicating liquor.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
Despite the plea of "guilty," the Investigating Officer
introduced in evidence voyage records of EAGLE VOYAGER.
In defense, Appellant offered in evidence matters in
extenuation and mitigation, while persisting in his plea of
"guilty."
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then entered an order
suspending all documents issued to Appellant for a period of four
months. | Appeal No. 1737 | Suspension and Revocation Appeals Authority | 11/15/1968 | 11/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1674 - DOCKENDORF | By order dated 8 February 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as radio officer on board
the United States SS SANTA INES under authority of the document and
license above described, on or about 11 January 1967, Appellant
deserted the vessel at Honolulu, Hawaii.
Appellant failed to appear for hearing.
The Examiner entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence
voyage records of SANTA INES.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months on twelve
months' probation. | Appeal No. 1674 | Suspension and Revocation Appeals Authority | 12/27/1967 | 12/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1702 - MOROS | By order dated 8 August 1967 an Examiner of the United States
Coast Guard at New Orleans, La. suspended Appellant's seaman's
documents for four months upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
steward utility on board SS DEL SUD under authority of the document
above described, on or about 31 May 1967, Appellant wrongfully
failed to perform his assigned duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer offered no evidence with respect to
this specification.
In defense, Appellant offered no evidence
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
suspending all documents issued to Appellant for a period of four
months. | Appeal No. 1702 | Suspension and Revocation Appeals Authority | 4/16/1968 | 4/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1885 - WHITE | By order dated 8 April 1969, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's license for
three months on twelve month's probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as pilot on board SS MEADOWBROOK under authority of the
license above captioned, on or about 4 May 1968, Appellant
wrongfully failed to navigate said vessel with due caution while in
restricted waters, to wit: Houston Ship Channel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence
the testimony of three witnesses.
In defense, Appellant offered in evidence the testimony of a
witness and several documents.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending
Appellant's license for a period of three months on twelve month's
probation.
The entire decision was served on 17 April 1969. Appeal was
timely filed on 9 May 1969, and was perfected on 19 October 1970. | Appeal No. 1885 | Suspension and Revocation Appeals Authority | 8/7/1972 | 8/7/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1964 - COLON | By order dated 7 September 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months outright plus four
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Deck Engine Mechanic on board the SS PONCE de LEON
under authority of the document above described, on or about 23
February 1972, Appellant did wrongfully engage in mutual combat
with a member of the crew, William Meakens.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence testimony of
the Third Assistant Engineer, Cristobal Jaquez. in defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of two months outright plus four months
on 12 months' probation.
The entire decision was served on 18 September 1972. Appeal
was timely filed on 16 September 1972. | Appeal No. 1964 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1630 - BARRE | By order dated 7 October 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for six months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an electrician on board the United States SS RUTH LYKES
under authority of the document above described, on or about 15
June 1966, Appellant wrongfully failed to perform his duties; and
on or about 17 August 1966, Appellant wrongfully failed to perform
his duties, cursed the Chief Engineer, and refused to obey the
lawful order of the Chief Engineer.
Appellant did not appear at the hearing, so the Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the shipping
articles and official log book of the vessel.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
six months. | Appeal No. 1630 | Suspension and Revocation Appeals Authority | 6/2/1967 | 6/2/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1625 - MILLS | By order dated 7 November 1966, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for two months upon finding him guilty of
misconduct. The specification found proved allege that while
serving as an able seaman on board the United States SS STELLA
LYKES under authority of the document above described, on or about
23 August and 24 and 28 September 1966, Appellant wrongfully failed
to perform his duties due to intoxication; and on or about 23
August 1966, wrongfully had intoxicating liquor in his possession.
Appellant did not appear at the hearing, so the Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the shipping
articles and official logbook of the vessel.
At the end of the hearing, the Examiner rendered an oral decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents for a period of two months. | Appeal No. 1625 | Suspension and Revocation Appeals Authority | 5/26/1967 | 5/26/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1741 - GIL | By order dated 7 June 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for 4 months plus 4 months on 12 months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an oiler on board SS MORMACLAND under
authority of the document above captioned, Appellant:
(1) on or about 22 April 1968 wrongfully failed to perform
assigned duties at Rio de Janeiro, Brazil;
(2) on or about 25 April 1968, wrongfully failed to perform
duties at Santos, Brazil;
(3) on or about 26 April 1968, wrongfully failed to perform
duties at Santos, Brazil;
(4) on or about 28 April 1968 wrongfully failed to perform
duties at Santos, Brazil;
(5) on or about 1 May 1968 wrongfully failed to perform
duties at Santos, Brazil;
(6) on or about 7 May 1968 refused to obey a direct order of
the third assistant engineer to leave the engine room
while the ship was at Buenos Aires, Argentina;
(7) on or about 7 May 1968, "did...see [sic] unfit to
perform...by reason of intoxication ...at Buenos Aires,
Argentina, [in view of the evidence and the Examiner's
findings this is construed as a typographical error];
(8) on or about 8 May 1968 wrongfully failed to perform
duties at Buenos Aires, Argentina;
(9) on or about 13 May 1968 wrongfully failed to perform
duties at Paraguna, Brazil; and
(10) on or about 3 June 1968, deserted from the vessel at
Baltimore, Maryland. | Appeal No. 1741 | Suspension and Revocation Appeals Authority | 12/6/1968 | 12/6/1968 | | 12/27/2017 |