| Suspension and Revocation Appeals Authority | 1724 - LEVY | By order dated 7 June 1967, and Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for six months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a boatswain on board the SS DURANGO VICTORY under
authority of the document above described, on or about 25 May 1967,
Appellant wrongfully assaulted and battered the chief mate of the
vessel.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the chief mate and of a second witness, one Manuel Batista, an
ordinary seaman.
In defense, Appellant offered in evidence the testimony of the
chief engineer of the vessel, who was not an eyewitness to
anything, and his own testimony.
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. | Appeal No. 1724 | Suspension and Revocation Appeals Authority | 9/24/1968 | 9/24/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1701 - SNIDER | By order dated 7 July 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that, while the holder of a duly issued Merchant Mariner's
Document, Appellant was convicted of a violation of section 11500
of the Health and Safety Code of the State of California, a
narcotic drug law, on or about 13 February 1959, in Superior Court
for the County of Contra Costa, State of California.
At the hearing, Appellant was represented by professional
counsel. Appellant constructively entered a plea of not guilty to
the charge and specification.
The Investigating Officer introduced in evidence a certified
copy of Appellant's parole status report and a certified copy of a
judgment, No. 6557, in the Superior Court for Contra Costa County, State of California, convicting Appellant of, among other things,
possession of narcotics in contravention of the California statute
described above.
Appellant offered no evidence in 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 revoking all
documents issued to Appellant. | Appeal No. 1701 | Suspension and Revocation Appeals Authority | 4/16/1968 | 4/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1524 - PAUL | By order dated 7 July 1965, an Examiner of the United States
Coast Guard at New York, New York suspended Appellant's seaman documents for two months on nine months' probation upon finding her guilty of misconduct. The specification found proved alleges that while serving as a stewardess on board the United States SS ARGENTINA under authority of the document above described, on 13 May 1965, Appellant wrongfully created a disturbance.
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 several eyewitnesses to the incident. The only defense witness
was not present when the alleged offense occurred.
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 entered the order of suspension
mentioned above. | Appeal No. 1524 | Suspension and Revocation Appeals Authority | 11/4/1965 | 11/4/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1667 - GAINES | By order dated 7 December 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman documents for six months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a night cook and baker on board the United States SS
ALCOA VOYAGER under authority of the document above described, on
or about 3 October 1966, while the vessel was at Ceylon, Appellant
did wrongfully address the Chief Steward with foul and abusive
language; did wrongfully assault the Chief Steward by brandishing
his fist and a knife in the direction of the Chief Steward; and did
wrongfully assault and batter the Chief Steward by pushing him.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered pleas of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence copies of entries from the ship's Shipping Articles and its Official Logbook
and the testimony of the Chief Steward, the Master, and the third
Cook.
Appellant offered no evidence in his defense.
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 six months outright. | Appeal No. 1667 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1599 - VIOLETTE | By order dated 7 December 1965, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The two specifications found proved
allege that while serving as an oiler on board the United States SS
BALTIMORE TRADER under authority of the document above described,
on or about 26 and 27 October 1965, while said vessel was at sea,
Appellant wrongfully failed to perform his duties due to
intoxication.
Two days before the hearing was scheduled on 24 November 1965,
the Investigating Officer notified the Appellant by serving him a
summons. Because of the impression the Appellant gave that he
would not appear, the Investigating Officer stated to him that the
hearing would, in that case, be held in absentia. To acknowledge
that the Appellant fully understood this fact, he was required to
sign a statement. Nevertheless, the Appellant did not appear at the hearing and it was held in absentia.
At the hearing on 24 November 1965 a plea of not guilty to the
charge and each specification was entered by the Examiner for the
absent seaman after motion was made by the Investigating officer
that the hearing proceed without Appellant. The Investigating
Officer's reason for making this motion was that he had a witness
present who would not be available at a later time.
The Investigating Officer introduced into evidence the
testimony of the witness (the Third Assistant Engineer) and various
documentary evidence. | Appeal No. 1599 | Suspension and Revocation Appeals Authority | 1/27/1967 | 1/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1755 - RYAN | By order dated 7 August 1967, an Examiner of the United States
Coast Guard at New Orleans, Lousiana suspended Appellant's license
and seaman's documents for six months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as a third assistant engineer on
board the United States SS ANNISTON VICTORY under authority of the
document and license above described, on or about 26 May 1968,
Appellant did while standing his routine sea watch between the
hours of 0000 and 0400, negligently allow fuel oil to be pumped on
deck aft dueto overflowing number five center double bottom tank
while transforming fuel oil to it from number one port double
bottom tank.
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 | Appeal No. 1755 | Suspension and Revocation Appeals Authority | 3/18/1969 | 3/18/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1693 - JOHNSON | By order dated 7 April 1967, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's seaman's
documents for 2 months outright plus 2 months on 9 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a messman
on board the United States SS U. S. BUILDER under authority of the
document above described, Appellant:
(1) On 20 January 1967, wrongfully created a
disturbance aboard the vessel at Sattahip,
Thailand,
(2) at the same time and place, wrongfully possessed
intoxicating liquor aboard the ship,
(3) from 20 through 25 January 1967, wrongfully failed
to perform duties at Sattahip, Thailand, and (4) on 12 March 1967, failed to perform duties at
Nordenheim, Germany.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of U. S. BUILDER and the testimony of the chief mate ot the
vessel.
Since Appellant did not appear, there was no defense offered. | Appeal No. 1693 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1664 - TICER | By order dated 7 April 1966, an Examiner of the United
States
Coast Guard at Houston, Texas revoked Appellant's
seaman's
documents upon finding him guilty of misconduct.
The
specifications found proved allege that while serving as
boatswain
on board the United States SS WHITEHALL under authority of
the
document above described,
Appellant:
(1) on 7 January 1966, wrongfully absented himself
from
the vessel at Qui Nanh, Viet Nam; and on 3 February 1966; at
Naha,
Okinawa,
(2) assaulted and battered the chief
mate,
(3) failed to obey an order of the chief
mate,
(4) assaulted and battered the
master,
(5) incited the deck crew to refuse to obey
orders,
(6) created a disturbance by reason of
intoxication,
(7) failed to perform duties by reason of
intoxication;
and
(8) on 5 February 1966, at sea, had liquor in hispossession without
authority.
At the hearing, Appellant was represented by
professional
counsel. Appellant entered a plea of not guilty to the charge
and
each specification, except the eighth to which he pleaded
guilty. | Appeal No. 1664 | Suspension and Revocation Appeals Authority | 10/10/1967 | 10/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1580 - CRAIG | By order dated 7 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month upon finding him guilty of
misconduct. The specification as found proved alleges that while
serving as master on board the United States SS REMSEN HEIGHTS
under authority of the document and license above described, on or
about 11 February 1966, Appellant, while the vessel was at sea,
wrongfully addressed the radio officer with threatening language,
the exact words, or substance of which, were: "There is the first
S.O.B. I'm going to shoot."
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the radio officer, and of the first and third assistant engineers.
In defense, Appellant offered in evidence his own testimony
and that of the purser.
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 one month. | Appeal No. 1580 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1816 - MONSEN | By order dated 6 September 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months on twelve months' probation upon
finding him guilty of misconduct and negligence. The
specifications found proved allege that while serving as master on
board MV MYSTIC SUN under authority of the document and license
above captioned, on or about 17 March 1967, Appellant
(I) was Negligent in that he:
(1) failed to keep out of the way of a privileged
vessel in a crossing situation;
(2) crossed ahead of a privileged vessel in a crossing
situation; and (3) failed to slacken speed, stop, or reverse to avoid
collision with a privileged vessel in a crossing
situation; and
(4) failed to maintain a proper lookout; and
(II) committed an act of Misconduct by sounding a
"cross-signal" in a crossing situation by answering
a one-blast signal by a privileged vessel with a
two-blast signal.
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 many
documents, and the testimony of the mate of SAMUEL H. HERRON and
the quartermaster of MYSTIC SUN.
In defense, Appellant offered in evidence many documents, his
own testimony and, on recall, the testimony of the quartermaster of
MYSTIC SUN and the mate of HERRON. | Appeal No. 1816 | Suspension and Revocation Appeals Authority | 9/2/1970 | 9/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1699 - ODOM | By order dated 6 October 1967, an Examiner of the United
States Coast Guard at Mobile, Alabama, suspended Appellant's
seaman's documents for 6 months outright. The specification found
proved alleges that while serving as a Second Mate on board the
United States SS OCEANIC SPRAY, under authority of the license
above described, on or about 11 October 1966, Appellant assaulted
and battered a fellow crewmember.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence pertinent
entries from the Shipping Articles and the official logbook, the
testimony of the alleged victim and another eyewitness, and the
depositions of the Master, Chief Engineer, and Radio Operator.
In defense, Appellant offered in evidence his own testimony
and the testimony of the Third Mate.
At the end of the hearing, the Examiner rendered and oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of 6
months outright. | Appeal No. 1699 | Suspension and Revocation Appeals Authority | 4/15/1968 | 4/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1663 - GONZALEZ | By order dated 6 October 1966, an Examiner of the United
States Coast Guard at New York, N.Y., suspended Appellant's seaman
documents for 2 months outright plus 4 months on 18 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a general
utility on board the United States SS UNITED STATES under authority
of the document above described, on or about 5 August 1966, while
the vessel was at sea, Appellant (1) did wrongfully assault Jasper
L. Nichols, the assistant second steward, by shaking his fist at
Mr. Nichols; (2) did wrongfully assault and batter Mr. Nichols; and
(3) did wrongfully threaten to kill Mr. Nichols.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence entries from the ship's Shipping Articles and its Official Logbook and the
testimony of Mr. Nichols.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three
specifications had been proved. The Examiner then entered an order
suspending all documents, issued to Appellant, for a period of 2
months outright plus 4 months on 18 months' probation. | Appeal No. 1663 | Suspension and Revocation Appeals Authority | 10/5/1967 | 10/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1864 - MOORE | By order dated 6 May 1970, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's document for three months on 12 month's probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an AB seaman on board SS AMERICAN
SCOUT under authority of the document above captioned Appellant:
(1) on 2 and 3 April 1970, when the vessel was at Cat Lai,
RVN, wrongfully failed to perform assigned duties;
(2) on 3 April 1970, wrongfully failed to join the vessel at
Cat Lai, RVN;
(3) on 6 April 1970, at Vung Tau, RVN, failed to perform
duties because of intoxication; and (4) on 13 April 1970, at sea, failed to perform duties
because of intoxication.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of AMERICAN SCOUT.
There was no defense.
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 three months on 12
months' probation. | Appeal No. 1864 | Suspension and Revocation Appeals Authority | 1/10/1972 | 1/10/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1957 - DIAZ | By order dated 6 March 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotics drug law violation." The specification
found proved alleges that Appellant was convicted of violation of
the narcotic drug laws of the United States by the United States
District Court for the Southern District of New York, a court of
record.
The hearing was held in absentia. A plea of not guilty to the
charge and specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence the record of
conviction.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all document issued to Appellant.
The entire decision was served on 1 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1957 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1976 - LUNDBORG | By order dated 6 June 1969, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an A. B. on board the SS CITY OF ALMA under
authority of the document above described, on or about 24 March
1969, Appellant did wrongfully assault and batter a crewmember,
Wallace G. Perry.
The hearing was held in absentia. A plea of not guilty to the
charge and specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Log, and a Consular Report.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and specification had been proved. The Administrative Law Judge then
entered an order suspending all documents issued to Appellant for
a period of six months outright.
The entire decision was served on 17 January 1973. Appeal was
timely filed on 12 February 1973. | Appeal No. 1976 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1650 - FOWLER | By order dated 6 July 1966, an Examiner of the United States
Coast Guard at San Francisco, Calif. suspended Appellant's seaman
documents for six months outright plus six months on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a First
Assistant Engineer on board the United States SS BOWLING GREEN
under authority of the license above described; Appellant was
absent from his vessel without permission from 3 to 11 April 1966;
wrongfully failed to perform his duties on 11 and 26 April 1966;
wrongfully had in his possession a number of full rum bottles on 26
April 1966; and failed to join his vessel upon its departure from
Naha, Okinawa, on 27 May 1966.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the Shipping
Articles and 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 entered an order suspending all
documents issued to Appellant for a period of six months outright
plus six months on twelve months' probation. | Appeal No. 1650 | Suspension and Revocation Appeals Authority | 7/28/1967 | 7/28/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1937 - BISHOP | By order dated 6 December 1971, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 6 months outright upon finding
him guilty of negligence. The specification found proved alleges
that while serving as Chief Mate on board the SS MOBIL LUBE under
authority of the license above captioned, on or about 20 November
1971, Appellant negligently conducted a damage survey, in that he
reported "no damage", when in fact, the stem of the vessel was
holed in the Bos'n's Storeroom.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence extracts from
the bell book and the rough deck log of the vessel, some
photographs and the testimony of the master and the Second Mate. In defense, Appellant offered in evidence a drawing, some
photographs and the testimony of a crewmember and himself.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He later entered an order
suspending all documents issued to Appellant for a period of 6
months outright. | Appeal No. 1937 | Suspension and Revocation Appeals Authority | 6/7/1973 | 6/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1822 - EVANS | By order dated 6 August 1969, an Examiner of the United States
Coast Guard at Providence, R.I., suspended Appellant's seaman's
documents for one month on nine months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as master on board M/V BLOCK ISLAND under authority
of the license above captioned, on 31 July 1969, Appellant
negligently navigated his vessel so as to cause it to collide with
an anchored vessel, the yacht BONAVENTURE.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of two witnesses.
In defense, Appellant offered in evidence his own testimony
and that of two other witnesses. 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 one month on nine months'
probation. | Appeal No. 1822 | Suspension and Revocation Appeals Authority | 9/21/1970 | 9/21/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1640 - KOSONOVICH | By order dated 6 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman's documents for 9 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Able Seaman on board the United States SS GOLDEN GATE
under authority of the document above described, on or about 12
November 1966, Appellant wrongfully failed to perform his duties;
on or about 17 December 1966, Appellant assaulted and battered a
fellow crewmember; and on or about 17 December 1966, Appellant
wrongfully had intoxicating beverages in his possession.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the specifications alleging
failure to perform and possession of liquor, and not guilty to the
assault specification.
The Investigating Officer introduced in evidence relevant documents and the testimony of two witnesses.
Appellant testified on his own behalf.
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 served a written order on
Appellant suspending all documents issued to him for a period of 9
months. | Appeal No. 1640 | Suspension and Revocation Appeals Authority | 6/28/1967 | 6/28/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 2045 - ROWLAND | By order dated 5 September 1974, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's license for one (1) month outright upon finding him
guilty of negligence. The specifications found proved alleges that
while serving as pilot on board the SS JAMES LYKES, being the
holder of the license above captioned, on or about 23 December
1973, Appellant (1) negligently attempted to overtake and pass the
privileged M/V MARY FREDEMAN and tow, tank barges GDM 50 and GDM
60, without assent of M/V MARY FREDEMAN, thereby causing a
collision between SS JAMES LYKES and GDM 60 in the houston Ship
Channel near Shell Oil Terminal and (2) neglected to take the
necessary precaution required by the ordinary practice of seamen,
thereby contributing to the cause of a collision. A third
specification of negligence, alleging that Appellant contributed to
the cause of an oil spill into the navigable waters of the United
States, was found by the Administrative Law Judge to have merged
with the first two specifications since "there was no additional
act of negligence by Respondent." | Appeal No. 2045 | Suspension and Revocation Appeals Authority | 12/24/1975 | 12/24/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1961 - KELLEY | By order dated 5 September 1972, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine suspended
Appellant's seaman's documents for one month on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the M/V
ETHEL TIBBETTS under authority of the license above described,
between 8 and 10 January 1972, Appellant did wrongfully navigate
said vessel on a voyage from Portland to Jonesport, Maine while
manned in violation of 46 CFR 31.15 and 46 U.S.C. 222-223, to wit,
one licensed engineering officer and one licensed mate less than
required by the vessel's Certificate of Inspection.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence two charts,
a copy of the vessel's Certificate of Inspection and the testimony
of the Officer in Charge of Marine Inspection, Portland, Maine.
In defense, Appellant offered in evidence his own and the
testimony of the General Manager of the vessel owner.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification
had been proved. He then entered an order suspending all documents
issued to Appellant for a period of one month on nine months'
probation.
The entire decision was served on 7 September 1972. Appeal
was timely filed on 12 September 1972 and perfected on 2 March
1973. | Appeal No. 1961 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1821 - GIBSON | By order dated 5 November 1969, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS STEEL KING under authority of the document above
captioned, on or about 29 July 1968, Appellant deserted the vessel
at Manila, R.P.
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 voyage
records of STEEL KING.
In defense, Appellant testified in his own behalf. 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 three months plus three months
on twelve months' probation. | Appeal No. 1821 | Suspension and Revocation Appeals Authority | 9/16/1970 | 9/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1791 - LEE | By order dated 5 November 1968, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Chief
Engineer on board SS OVERSEAS PROGRESS under authority of the
document and license above captioned, on or about 29 October 1968,
Appellant assaulted and battered with his hand one Ralph Wilcox, a
member of the crew.
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. In defense, Appellant offered in evidence his own testimony
and that of his local union representative in Houston.
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 outright plus six
months on twelve months' probation. | Appeal No. 1791 | Suspension and Revocation Appeals Authority | 6/22/1970 | 6/22/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1773 - LEAVY | By order dated 5 February 1969, an Examiner of the United States
Coast Guard at Philadelphia, Pa., suspended Appellant's seaman's
documents for six months plus three months on six months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an AB seaman on board SS
AMERICAN SCIENTIST under authority of the document above captioned,
Appellant:
1) on or about 23 and 24 September 1968, failed
to perform duties while the vessel was in a
domestic port;
2) on or about 8 November 1968, failed to perform
duties while the vessel was in a foreign port;
and
3) on or about 12 November 1968, failed to
perform duties while the vessel was in a
foreign port. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence.
Appellant made unsworn statements explaining how his offenses
took place.
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 three
months on six months' probation. | Appeal No. 1773 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1754 - BURTON.PDF | By order dated 5 December 1967, an Examiner of the United
States Coast Guard at San Francisco, Cal., suspended Appellant's
seaman's documents for twelve months upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an AB seaman on board SS GOLDEN BEAR under authority of
the document above captioned, on or about 2 March 1967, Appellant
wrongfully assaulted and battered a fellow member of the crew, one
Henry Taylor, by cutting him with a knife.
At the hearing, Appellant was represented by professional
counsel but did not appear in person. Appellant's counsel entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and voyage records of GOLDEN BEAR.
Counsel for Appellant, on 29 March 1967, asked for time to obtain Appellant's personal appearance. On reconvening of 24
October 1967, counsel advised that he had been unable to
communicate with Appellant, and asked for more time. Continuance
was granted until 28 November 1968, with the understanding that if
no communication with Appellant were established by that date, the
case "would be submitted,"
On 5 December 1967 (with on record of any proceedings on 28
November 1967), the Examiner entered a decision and order
suspending Appellant's documents for a period of twelve months. | Appeal No. 1754 | Suspension and Revocation Appeals Authority | 3/13/1969 | 3/13/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1820 - BAYLESS | By order dated 5 August 1969, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman's documents for five months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as an
able seaman on board SS TRANSGLOBE under authority of the document
above captioned, Appellant:
(1) on 24 February 1969 failed to join the vessel at Saigon,
RVN;
(2) on 5 and 7 March 1969 created a disturbance at the
American consulate and used foul and abusive language to
consular officials while at the consulate in connection
with repatriation proceedings; and
(3) on 6 and 8 March 1969 created disturbances at Tan Son
Nhut Airport, RVN. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of TRANSGLOBE and a consular report.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant, for a period of five months from 24
April 1969, plus six months on twelve months' probation. | Appeal No. 1820 | Suspension and Revocation Appeals Authority | 9/10/1970 | 9/10/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1689 - PRIDGEN | By order dated 5 August 1966, an Examiner of the United States
Coast Guard at Boston, Mass. suspended Appellant's license for two
months upon finding him guilty of negligence. The specifications
found proved allege that while serving as master on board the
United States MV MAUMEE SUN under authority of the license above
described, on or about 23 November 1965, Appellant negligently
failed to maintain a proper lookout, and failed to navigate with
caution after hearing a danger signal from SS AMERICAN PILOT,
thereby contributing to a collision with that 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 testimony
previously taken from the pilot of AMERICAN PILOT, from the chief
engineer, and the helmsman of MAUMEE SUN, and from the Corps of
Engineers marine observer from WING'S NECK.
In defense, Appellant offered in evidence his own previously
taken testimony and that of certain live witnesses.
At the end of the hearing, the Examiner rendered decision in
which he concluded that the charge and two specifications had been
proved. The Examiner then entered an order suspending Appellant's
license for a period of two months. | Appeal No. 1689 | Suspension and Revocation Appeals Authority | 3/25/1968 | 3/25/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1926 - BENSON | By order dated 5 April 1971, an Administrative Law Judge of
the United States Coast Guard at Detroit Michigan, suspended
Appellant's license for ten days outright plus twenty days on nine
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as pilot
under authority of the license above captioned, Appellant
(1) On board the Liberian M/V TROPICAL
PLYWOOD, on or about 11 June 1970, did direct
the navigation of said vessel at a speed in
excess of 10 m.p.h. over the bottom in the St.
Clair River in violation of the speed limit
prescribed by the U.S. Army Corps of Engineers
under the authority of 33 CFR 207.510 (d) (4)
and made effective through publication in
Notice to Mariners NCELO-O dated 13 August
1969 by the District Engineer, Detroit
District; and (2) On board the Norwegian M/V NORSE
TRANSPORTER, on or about 19 June 1970, did
direct the navigation of said vessel at a
speed in excess of 10 m.p.h. over the bottom
in the St. Clair River in violation of the
speed limit prescribed by the U.S. Army Corps
of Engineers under the authority of 33 CFR
207.510 (d) (4) and made effective through
publication in Notice to Mariners NCELO-O
dated 13 August 1969 by the District Engineer,
Detroit District.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and each
specification. | Appeal No. 1926 | Suspension and Revocation Appeals Authority | 5/15/1973 | 5/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1685 - WIGREN | By order dated 5 April 1967, an Examiner of the United States
Coast Guard at Philadelphia, Pa., suspended Appellant's seaman's
documents for six months outright plus six months on eighteen
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board the United States SS U. S. EXPLORER under authority of the
document above described, Appellant:
(1) on or about 19 February 1967, at Manila, R. P., wrongfully
had liquor in his possession aboard the vessel,
(2) on or about 26, 27 and 28 February and 1 March 1967, at
Saigon, South Vietnam, wrongfully absented himself from the vessel
and his duties, and
(3) on or about 15 March 1967, at Aden, Arabia, was unable to
perform duties because of intoxication.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of U. S. EXPLORER.
Since Appellant did not appear, there was no defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months outright plus six months on eighteen months' probation. | Appeal No. 1685 | Suspension and Revocation Appeals Authority | 3/15/1968 | 3/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1637 - BIGGERS | By order dated 5 April 1966, an Examiner of the United States
Coast Guard at Port Arthur, Texas, suspended Appellant's seaman's
documents for 3 months upon finding him guilty of negligence. The
specification found proved alleges that while serving as Master on
board the United States SS TEXACO CONNECTICUT under authority of
the license above described, on or about 1 March 1966, Appellant
failed to maintain the vessel's lifeboat equipment in proper
condition.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer intorduced in evidence the testimony
of Ensign Timothy Kelly, United States Coast Guard, from the Marine Inspection Office at Port Arthur.
In defense, Appellant offered in evidence the testimony of the
Chief Mate and a Boatswain aboard the vessel.
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 served a written order on
Appellant suspending all documents issued to him for a period of 3
months. | Appeal No. 1637 | Suspension and Revocation Appeals Authority | 6/8/1967 | 6/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1917 - RAY | By order dated 4 October 1971, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's seaman's documents for four months outright plus four
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an able bodied seaman on board the United States NS
COSSATOT under authority of the document above described, on or
about 28 August 1970, Appellant wrongfully failed to join said
vessel at Naples, Italy.
At the hearing, Appellant failed to appear, therefore the
hearing proceeded in absentia. A plea of not guilty was entered to
the charge and specification on behalf of the Appellant.
The Investigating Officer introduced in evidence the original
signed copy of the "Advice to Person Charged" provided Appellant,
an extract of the shipping articles, and a certified copy of page 36 of the official logbook.
Since Appellant did not appear, there was no defense.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
the entered an order suspending all documents issued to Appellant,
for a period of four months outright plus four months on 18 months'
probation. | Appeal No. 1917 | Suspension and Revocation Appeals Authority | 3/31/1973 | 3/31/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1945 - PAPALIOS | By order dated 4 May 1971, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as Master on board the SS TRANSHURON
under authority of the license above described, on or about 10
November 1970, Appellant wrongfully and knowingly permitted ballast
containing an oily substance to be pumped from said vessel into
navigable waters of the United States, to wit, the Corpus Christi
Channel, thereby causing pollution of said waters.
At the hearing, Appellant was represented by professional
counsel, though not of his choice. Appellant entered a plea of not
guilty to the charge and specification.
The Investigating Officer introduced in evidence some water
samples, three radio messages and the testimony of three witnesses. In defense, Appellant offered in evidence the testimony of two
witnesses.
The Administrative Law Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He entered an order suspending Appellant's license for a
period of three months on 12 months' probation. | Appeal No. 1945 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1943 - MILLAR | By order dated 4 May 1971, Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's license for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as Chief Mate on board the SS TRANSHURON
under authority of the license above described, on or about 10
November 1970, Appellant wrongfully pumped oily ballast from said
into the navigable waters of the United States, to wit, the Corpus
Christi Channel, thereby causing pollution of said waters.
At the hearing, Appellant was represented by professional
counsel, though not of his choice. Appellant entered a plea of not
guilty to the charge and specification.
The Investigating Officer introduced in evidence some water
samples, three radio messages and the testimony of three witnesses. In defense, Appellant offered in evidence the testimony of two
witnesses.
The Administrative Law Judge rendered a written decision in
which he concluded that the charge and specification had been
proved. He entered an order suspending Appellant's license for a
period of three months on 12 months' probation. | Appeal No. 1943 | Suspension and Revocation Appeals Authority | 6/13/1973 | 6/13/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1623 - BARTON | By order dated 4 March 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for 2 months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Junior Third Assistant Engineer on board the United
States SS CONTEST under authority of the license above described,
on or about 30 January to 1 February 1966, Appellant twice
wrongfully failed to perform his duties, and once wrongfully
absented himself from the vessel.
Appellant did not appear at the hearing, so the Examiner
entered for him a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the shipping
articles and 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 issued to him for a period of 2
months. | Appeal No. 1623 | Suspension and Revocation Appeals Authority | 5/24/1967 | 5/24/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1867 - ROLFES | By order dated 4 June 1970, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for four months plus four months on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck engine mechanic
on board SS DOLLY TURMAN under authority of the document above
captioned, on or about 8 April 1970, Appellant failed to join the
vessel at Saigon, RVN.
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 voyage
records of DOLLY TURMAN.
In defense, Appellant offered in evidence his own testimony. 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 four months plus four
months on twelve months' probation. | Appeal No. 1867 | Suspension and Revocation Appeals Authority | 1/17/1972 | 1/17/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1731 - MILLS | By order dated 4 June 1968, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for three month outright plus three months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as an AB
seaman on board the SS ELIZABETH LYKES under authority of the
document license above captioned, Appellant:
(1)/I/on or about 24 April 1968 wrongfully absented himself
from the vessel from 1300 to 1700, at a foreign port;
(2)/I/on or about 30 April 1968, wrongfully failed to stand a
sea watch from 2000 to 2400, in a foreign port; and
(3)/I/on or about 3 May 1968, wrongfully failed to stand his
watch from 1800 to 2400 at a foreign port.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of ELIZABETH LYKES.
There was no defense.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and three
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of three
months plus three months on twelve months' probation. | Appeal No. 1731 | Suspension and Revocation Appeals Authority | 10/24/1968 | 10/24/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1581 - VEDDER | By order dated 4 June 1964, an Examiner of the United States
Coast Guard at Long Beach, California, revoked Appellant's seaman's
documents upon finding him guilty of misconduct and incompetent.
Two charges were brought against Appellant, one of
"Misconduct," one of "Incompetence." Both charges were found
proved. In view of my opinion of this matter, expressed below, no
further analysis of the proceedings is necessary at this time. | Appeal No. 1581 | Suspension and Revocation Appeals Authority | 8/31/1966 | 8/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1772 - MCDERMOTT | By order dated 4 December 1968, at Long Beach, Cal., an
Examiner of the United States Coast after a hearing held at
Portland, Oregon, suspended Appellant's documents for one month
plus three months on twelve months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a fireman/watertender on board SS W. H. PEABODY
under authority of the document above captioned, Appellant:
(1) on or about 7 September 1968, at Cam Ranh Bay, RVN,
wrongfully failed to perform duties, and
(2) on or about 17 September 1968, at Da Nang, RVN, wrongfully
failed to perform duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and first
specification, but not guilty to the second. The Investigating Officer introduced in evidence voyage
records of W. H. PEABODY.
In defense, Appellant offered in evidence the testimony of the
vessel's deck engineer.
The Examiner called as witness the vessel's third assistant
engineer, Mr. Milton.
At the end of the hearing, the Examiner rendered a 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 one month plus three
months on twelve months' probation. | Appeal No. 1772 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1726 - CARSON | By order dated 4 August 1967, an Examiner of the United States
Coast Guard at Baltimore, Md., suspended Appellant's seaman's
documents for six months outright plus nine months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved allege that while serving as a
maintenance man on board SS AFRICAN STAR under authority of the
document above captioned on or about 14 and 15 March 1967,
Appellant wrongfully absented himself from the vessel at Kwajalein,
Marshall Islands.
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 in evidence voyage
records of AFRICAN STAR.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months outright plus nine months on twelve months' probation. | Appeal No. 1726 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1643 - ALFONSO | By order dated 4 August 1966, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 6 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an A.B.
seaman on board the United States SS LAKEWOOD VICTORY under
authority of the document above described, Appellant on 1 and 2
June, 1966, at Suyon, Korea, and on 21, 22, and 23 June 1966, at
Bangkok, Thailand, wrongfully failed to perform his duties.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of SS LAKEWOOD VICTORY touching on the matters in question.
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 3 months outright
plus 3 months on 6 months' probation.
The entire decision was served on 6 August 1966. Appeal was
timely filed on 23 August 1966. | Appeal No. 1643 | Suspension and Revocation Appeals Authority | 7/5/1967 | 7/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1596 - TORRES | By order dated 4 April 1966, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman's
documents after finding him guilty of misconduct. The
specifications found proved alleged that appellant:
(1) while serving as an elevator operator aboard SS
UNITED STATES, did, on 27 February 1965, at sea, wrongfully molest
a female passenger by placing his arms around her and kissing her;
(2) did, on the same occasion, wrongfully address the
same female passenger in improper and suggestive language; and
(3) while serving as a first class waiter on board the
same vessel, did, on 10 September 1965, when the ship was in New
York, wrongfully molest a female by placing his arms around her and
kissing her in a lascivious manner. At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of several witnesses and documentary evidence.
Appellant introduced the testimony of several witnesses and
several documents. Appellant also testified himself. | Appeal No. 1596 | Suspension and Revocation Appeals Authority | 12/15/1966 | 12/15/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1823 - TEBO | By order dated 31 October 1969, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an AB seaman on board SS ZOELLA LYKES under authority of
the document above captioned, Appellant:
(1) on or about 30 September 1969, was unable to stand his
12-4 watch by reason of being under the influence of
liquor;
(2) on or about 1 October 1969, absented himself from the
vessel without authority at Nagoya, Japan; and
(3) on or about 2 October 1969, was unable to perform duties
by reason of intoxication when the vessel was "being
shifted from Nagoya and Yokohama, Japan." At the hearing, Appellant elected to act as his own counsel.
The Appellant pleaded not guilty to the first specification; the
Examiner entered pleas of not guilty to the other specifications.
The Investigating Officer introduced in evidence voyage
records of ZEOLLA LYKES. Appellant offered no defense.
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 twelve months. | Appeal No. 1823 | Suspension and Revocation Appeals Authority | 10/1/1970 | 10/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1836 - CLOUTIER | By order dated 31 October 1969, an Examiner of the United
States Coast Guard at Baltimore, Maryland, suspended Appellant's
seaman's documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman/watertender on board SS GREEN BAY under
authority of the document above captioned, Appellant:
(1) on 20 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0800;
(2) on 21 September 1969, at Saigon, RVN, failed to perform
his duties from 0000-0800;
(3) on 22 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0800;
(4) on 23 September 1969, at Saigon, RVN, failed to perform
his duties from 0000 to 0400;
(5) on 23 September 1969, at Saigon, RVN, failed to perform
his duties from 1200-1600;
(6) on 23 September 1969, failed to join the vessel at
Saigon, RVN; and
(7) on 24, 25, and 26 September 1969, failed to perform
duties while the vessel was at sea.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification. | Appeal No. 1836 | Suspension and Revocation Appeals Authority | 3/29/1971 | 3/29/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1774 - GLOVER | By order dated 31 October 1968, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for three months outright plus three months on
twelve months' probation upoon finding him guilty of misconduct.
The two specifications found proved allege that while serving as an
ordinary seaman on board SS THOMPSON LYKES under authority of the
document above described, on or about 1 October 1968 while the
vessel was in a foreign port, Appellant did wrongfully engage in a
fist fight with a fellow crewmember, William Orville Thomas; and
that on or about 1 October 1968, while the vessel was in a foreign
port did fail to perform his duties from 0400 to 0800 and from 1600
to 2000, due to being under the influence of alcohol.
At the hearing Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the first specification
and plea of guilty to the second specification. The Investigating Officer introduced into evidence the
shipping articles for voyage 41 of THOMPSON LYKES the testimony of
the chief mate of the vessel; the testimony of William Orville
Thomas, an ordinary seaman; and the testimony of W. A. Mitchell
described variously as a seaman and a messman.
In defense, Appellant offered in evidence his own testimony.
Subsequent to the end of the hearing, the Examiner rendered a
written decision in which he concluded that specification one was
proved, specification two was proved by plea, and the charge was
proved. | Appeal No. 1774 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1709 - SEISE | By order dated 31 May 1967, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for three months on 12 months' probation upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a porter on board the United States SS ARGENTINA
under authority of the document above described, on or about 2
April 1965, Appellant wrongfully entered a passenger area.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
three months on 12 months' probation. | Appeal No. 1709 | Suspension and Revocation Appeals Authority | 5/22/1968 | 5/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1590 - FOSTER | By order dated 31 May 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month outright plus two month on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as oiler on
board the United States SS EXERMONT under authority of the document
above described, Appellant wrongfully failed to perform duties on
23 and 24 April 1966, at Cam Ranh Bay, and from 28 April 1966
through 4 May at Nha Trang, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
Appellant offered in mitigation a statement detailing the
difficulties of working an ole, reactivated ship, under oppressive
weather conditions.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then entered an oral order
suspending all documents issued to Appellant for a period of three
months on twelve months' probation.
Four days later the Examiner entered a written decision
containing an order suspending Appellant's documents for one month
outright, plus two months on twelve months' probation. | Appeal No. 1590 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1761 - RAFANELLI | By order dated 31 July 1968, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as carpenter
on board SS WINTHROP VICTORY under authority of the document above
captioned, on or about 23 January 1968, at Pusan, Korea, Appellant:
(1) assaulted and battered another crew member, one Jacovis
Biskinis, with a piece of pipe;
(2) assaulted and battered Biskinis with a hammer;
(3) threatened bodily harm to Biskinis;
(4) assaulted and battered another crew member, one Dallas
Wenn, with fists;
(5) assaulted and battered Dallas Wenn with a hammer; and
(6) on 24 January 1968, at Pusan, Korea, threatened the life
of Biskinis.
At the hearing, Appellant was elected to act as his own
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of four witnesses, a voyage record of WINTHROP VICTORY, and a
sketch showing a partial deck plan on which witnesses located
events testified to. | Appeal No. 1761 | Suspension and Revocation Appeals Authority | 5/1/1969 | 5/1/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1720 - HOWELL | By order dated 31 July 1967, an Examiner of the United States
Coast Guard at Mobile, Alabama, revoked Appellant's seaman's
documents upon finding him guilty of incompetency. The
specification found proved alleges that while serving as a
fireman/watertender on board SS TEXACO MINNESOTA under authority of
the document above described, on or about 15 December 1966,
Appellant failed to possess the color sense required for a
qualified member of the engine department by 46 CFR 12.15-5(b) and
46 CFR 10.02-5(e)(4), and that the deficiency existed at the time
of hearing.
At the hearing, Appellant elected to act his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain medical records and the testimony of a Public Health Service
doctor.
In defense, Appellant offered in evidence a written medical
opinion and his own testimony.
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 revoking all
documents issued to Appellant, but "with leave granted . . . to
obtain, upon proper application a Merchant Mariner's Document
endorsed in entry ratings. . ." | Appeal No. 1720 | Suspension and Revocation Appeals Authority | 8/2/1968 | 8/2/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1770 - CAREY | By order dated 31 January 1968 at Seattle, Washington, an
Examiner of the United States Coast Guard after a hearing at
Honolulu, Hawaii revoked Appellant's seaman's documents upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintentance/AB on board SS
MANHATTAN under authority of the document above captioned, on or
about 24 June 1967, Appellant wrongfully had in his quarters
narcotics, "thereby violating 46 U.S.C. 239b."
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of MANHATTAN and a Japanese court record.
There was 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 rendered a written decision in which
he concluded that the charge and specification had been proved.
The Examiner then entered an order revoking all documents issued to
Appellant. | Appeal No. 1770 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1567 - CASTRO | By order dated 31 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for six months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintenance man on board the
United States SS SANTA LUISA under authority of the document above
described, on or about 22 September 1965, Appellant wrongfully had
intoxicating liquor (nine bottles) in his possession 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 three witnesses and introduced six documents. | Appeal No. 1567 | Suspension and Revocation Appeals Authority | 7/1/1966 | 7/1/1966 | | 3/1/2018 |