| Suspension and Revocation Appeals Authority | 1775 - HILL | By order dated 13 March 1969, an Examiner of the United States
Coast Guard at Portsmouth, Va., suspended Appellant's seaman's
documents for twelve months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as chief
cook on board SS AMERICAN LANCER under authority of the document
above captioned, Appellant:
(1), (2), (3), and (4) was absent from the vessel and his
duties without authority on 9, 10, 17, and 18 January
1969 at Hamburg, Germany;
(5) on 18, January 1969, at Hamburg, Germany,
failed to obey an order of the chief officer
to remain aboard the vessel;
(6) on 29 January 1969 absented himself from
duties without authority at Rotterdam, (7) & (8) was absent from the vessel and duties on 30 and
31 January 1969 at London, England;
(9) on 1 February 1969, at Le Havre, France,
failed to perform duties because of
intoxication; and
(10) on 3 February 1969, also at Le Havre, was
absent from duties without authority.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification. The Examiner later changed all these pleas to "not
guilty." | Appeal No. 1775 | Suspension and Revocation Appeals Authority | 6/26/1969 | 6/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1769 - DAZEY | By order dated 29 May 1968, an Examiner of the United States
Coast Guard at Houston, Texas revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as third mate on board the
SS BEAVER VICTORY under authority of the document and license above
captioned on or about 26 May 1967, Appellant, at Yokohama, Japan,
wrongfully had in his possession marijuana.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of BEAVER VICTORY and a record of conviction of an offense
in a Japanese court.
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 revoking all
documents issued to Appellant. | Appeal No. 1769 | Suspension and Revocation Appeals Authority | 6/9/1969 | 6/9/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1768 - PEREIRA | By order dated 19 October 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for three months upon finding a
charge of misconduct proved. The specifications found proved
allege that while serving as a plumber/machinist on board SS BOISE
VICTORY under authority of the document above captioned, Appellant:
(1) on or about 2 October 1967, while the vessel
was at sea, failed to obey an order of the
master to return to him a copy of a letter;
(2) on or about 3, 4, 5, 6, 9, 10, 11, 12, 13, 14,
and 15 October 1967, failed to perform duties
at sea;
(3) on or about 2 October 1967, wrongfully created
a disturbance at sea; and (4) on or about 2 October 1967, failed to obey an
order of the master not to use certain toilet
facilities on the ship.
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 the testimony
of three witnesses and voyage records of BOISE VICTORY.
In defense, Appellant offered in evidence his own testimony,
that of two witnesses, a shirt, and a medical record.
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, on 14 December 1967, entered
an order suspending all documents issued to Appellant for a period
of three months. | Appeal No. 1768 | Suspension and Revocation Appeals Authority | 5/26/1969 | 5/26/1969 | | 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 | 1767 - CAMPBELL | By order dated 23 December 1968, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman's documents for three months plus three months on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a third
refrigeration engineer on board SS SAN JOSE under authority of the
document above captioned, Appellant, on or about 10 October 1968,
at Yokohams, Japan, and on or about 30 November and 1 December
1968, at Sattahip, Thailand, failed to perform his duties.
At the hearing, Appellant elected to acct 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 offered in evidence the testimony of a character witness and made a statement.
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 three months plus
three months on six months' probation. | Appeal No. 1767 | Suspension and Revocation Appeals Authority | 5/20/1969 | 5/20/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1762 - PECK | By order dated 28 May 1968, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for six months plus three months on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as radio officer on board
SS PRESIDENT TAFT under authority of the document and license above
captioned, on or about 26 August 1967, Appellant wrongfully
absented himself from the vessel, at Manila, Republic of the
Philippines, for approximately eight and one half hours beyond the
posted sailing time of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
In view of the grounds for appeal stated no recitation of the
presentation of evidence is needed. | Appeal No. 1762 | Suspension and Revocation Appeals Authority | 5/19/1969 | 5/19/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1763 - GONZALEZ | By order dated 25 April 1968, an Examiner of the United States
Coast Guard at New York, N. Y. 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
messman on board SS EXFORD under authority of the document above
captioned, on or about 16 December 1967, at Seville, Spain,
Appellant:
(1) assaulted and battered the chief mate by
slamming a door into his face;
(2) wrongfully had intoxicating liquor in his
possession aboard the vessel;
(3) disobeyed a lawful order of the master to open
his locker; and
(4) assaulted and battered the master by striking him in the face.
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 EXFORD, and the testimony of the master and the chief
mate.
In defense, Appellant offered in evidence the testimony of
another crewmember and his own testimony.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and four specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of twelve months. | Appeal No. 1763 | Suspension and Revocation Appeals Authority | 5/19/1969 | 5/19/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1764 - SCHMIDT | By order dated 22 June 1967, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for seven months plus six months on eighteen months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as second
mate on board SS AMERICAN TRAPPER under authority of the document
and license above captioned, on or about 22 February 1967,
Appellant, at Hoboken, N. J.:
(1) assaulted and battered another member of the
crew, one Calvin L. Singletary, and
(2) created a disturbance by resisting arrest by
Hoboken, N. J. police officers.
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 TRAPPER, the testimony of a Hoboken, N. J.,
police officer, and the deposition of Calvin L. Singletary.
Appellant offered no evidence in defense, but the
Investigating Officer presented a sworn statement which Appellant
had asked him to present.
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 seven months plus six
months on eighteen months' probation. | Appeal No. 1764 | Suspension and Revocation Appeals Authority | 5/16/1969 | 5/16/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1765 - GILLEN | By order dated 3 October 1968, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for six months on eighteen months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as operator of M/V CAPT. GILLEN
under authority of the license above captioned, Appellant:
(1) from 10 through 18 August 1968, both dates included, and
from 20 through 27 August 1968, both dates included,
wrongfully operated the vessel by carrying more than six
passengers, without the vessel's having a valid
certificate of inspection, and
(2) on 28 August 1968, willfully operated the vessel with
more than six passengers aboard without the vessel's
having a valid certificate of inspection.
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 one witness and one document. The Investigating Officer and
Counsel joined in entering nine stipulations on the record.
Appellant offered in evidence two documents.
The Examiner entered in evidence a pre-hearing memorandum
filed by Appellant.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and both
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months on eighteen months' probation. | Appeal No. 1765 | Suspension and Revocation Appeals Authority | 5/16/1969 | 5/16/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1759 - LACY | By order dated 30 January 1969, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for six months upon finding proved a charge of
misconduct. The specifications found proved allege that while
serving as an AB seaman on board SS TRANSCARIBBEAN under authority
of the document above captioned Appellant:
(1) failed to perform duties on 5 July 1968 at Subic
Bay,R.P.;
(2) failed to perform duties by reason of intoxication on 30
July 1968, at Manila, R.P.;
(4) failed to perform duties because of intoxication on 13
August 1968 at Yokohama, Japan;
(5) failed to perform duties because of intoxication on 23
August 1968, at sea; and while so serving aboard SS HARVARD VICTORY,
(6) failed to perform duties on 22 November 1968, a Cam Ranh
Ray, RVN; and
(7) failed to perform duties on 25 November 1968, at Cam Ranh
Bay, RVN.
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 TRANSCARIBBEAN and HARVARD VICTORY.
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. | Appeal No. 1759 | Suspension and Revocation Appeals Authority | 5/2/1969 | 5/2/1969 | | 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 | 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 | 1758 - BROUSSARD | By order dated 12 February 1968, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months upon finding him guilty of
negligence. The specification found proved alleges that while
serving as operator on board M/V CAT ISLAND under authority of the
document and license above captioned, on or about 27 June 1967,
Appellant failed to maintain a proper lookout, thereby contributing
to a collision between CAT ISLAND and M/V JANE G.
At the hearing, Appellant was represented by professional
counsel. appellant entered a plea of not guilty to the charge and
specification.
By stipulation, there was introduced into evidence the
testimony of two persons aboard JANE G, and the deckhand of CAT ISLAND, taken and recorded in earlier proceedings. Appellant
personally testified before the Examiner.
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 three months. | Appeal No. 1758 | Suspension and Revocation Appeals Authority | 4/9/1969 | 4/9/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1757 - SCHEPIS | By order dated 22 December 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's license for one year, plus one year on two years'
probation, upon finding him guilty of misconduct. The
specifications found proved allege that while serving as master of
SS WILD RANGER under authority of the document and license above
captioned, on or about 30 May and 8 September 1967, Appellant
wrongfully confined a member of his crew in an area forward of the
collision bulkhead that was not safe and commensurate with the
offenses committed for certain periods of time. (It was stipulated
prior to arraignment that the words "commensurate with the
offense[s] committed" were to be construed as meaning "not
reasonably required to maintain custody of the person involved.")
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 several documents.
In defense, Appellant offered in evidence his own testimony,
that of two other witnesses, and several documents.
The Examiner entered four documents as his own exhibits. | Appeal No. 1757 | Suspension and Revocation Appeals Authority | 4/1/1969 | 4/1/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1756 - ADDITION | By order dated 20 June 1967, an Examiner of the United States
Coast Guard at Galveston, Texas, suspended Appellant's seaman's
documents for six months outright plus three months on twelve
months' probation upon finding him guilty of misconduct. The
Specifications found proved allege that while serving as a third
assistant on board SS NORINA under authority of the document and
license above captioned on or about 16 April 1967, Appellant
wrongfully had whiskey in his possession and wrongfully became
intoxicated.
At the hearing, Appellant elected to act as his own counsel.
The Examiner entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of NORINA and the testimony of the master and the secondassistant engineer of the vessel.
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 two specifications had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months outright
plus three months on twelve months' probation. | Appeal No. 1756 | Suspension and Revocation Appeals Authority | 3/20/1969 | 3/20/1969 | | 12/27/2017 |
| 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 | 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 | 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 | 1752 - HELLER | By order dated 12 May 1967, an Examiner of the United States
Coast Guard at Long Beach, California, 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 allege that while serving as a fireman/watertender on
board SS ROBIN GOODFELLOW under authority of the document above
captioned, Appellant:
(1) wrongfully failed to perform duties by reason of
intoxication on 10 April 1967 at Jacksonville, Florida;
(2) wrongfully secured the fires in the port main boiler and
departed the engine room without proper relief on 11
April 1967 at Charleston, N. C.;
(3) wrongfully failed to perform duties by reason of
intoxication on 12 April 1967 at sea;
(4) wrongfully had intoxicating liquor in his possession on
12 April 1967 at sea.
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 ROBIN GOODFELLOW.
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 six months plus six
months on twelve months' probation. | Appeal No. 1752 | Suspension and Revocation Appeals Authority | 3/12/1969 | 3/12/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1753 - VASQUEZ | By order dated 16 July 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for nine months outright plus three months on one year's
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bath
steward on board SS INDEPENDENCE under authority of the document
above captioned, on or about 28 November 1967, Appellant, while the
vessel was at sea,
(1) wrongfully drank intoxicants;
(2) assaulted another crewmember, Robert F. Zorn;
(3) wrongfully used foul and abusive language to the staff
captain;
(4) wrongfully used foul and abusive language to the chief
mate;
(5) assaulted and battered the chief mate by wrongfully
placing his hands upon him;
(6) assaulted and battered the staff captain by striking him
with his fists and tearing his shirt;
(7) failed to obey an order of the staff captain to leave the
room he was in improperly;
(8) threatened to kill the staff captain.
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 INDEPENDENCE, and the testimony of a bellboy, the staff
captain, the third mate, and the chief officer. | Appeal No. 1753 | Suspension and Revocation Appeals Authority | 3/12/1969 | 3/12/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1750 - CAMERON | By order dated 13 February 1968, an Examiner of the United
States Coast Guard at Long Beach, cal., after a hearing held in
Seattle, Washington, revoked Appellant's license as master,
authorized and directed issuance of a license as chief mate after
one year, and suspended the new license for 12 months on 12 months'
probation, upon finding him guilty of negligence. The
specifications found proved allege that while serving as master of
SS RICHWOOD under authority of the document and license above
captioned, Appellant:
(1) on or about 22,23 and 24 January 1968, at
Seattle Washington, failed to have the
vessel's life-saving and firefighting
equipment properly maintained and ready for
use, and
(2) from on or about 24 August 1947 through 11
January 1968 failed to make required entries concerning fire and boat drills in the
official log book.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
Because of the disposition to be made of this case at this
time no recital of the procedure or findings of fact will be given.
At the end of the hearing, the Examiner entered an order as
set forth above. | Appeal No. 1750 | Suspension and Revocation Appeals Authority | 2/20/1969 | 2/20/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1749 - TOMPKINS | By order dated 26 October 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for five months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an oiler on board SS YELLOWSTONE under authority of the
document above captioned, Appellant wrongfully failed to perform
duties on 4, 5, 6, 7, 8 and 9 September 1966, at Split, Yugoslavia.
At the appointed time and place for hearing, Appellant did not
appear. The Examiner entered pleas of not guilty to the charge and
all specifications. The Investigating Officer introduced into
evidence voyage records of YELLOWSTONE.
Since Appellant had by telephone asked the Investigating
Officer for a change of venue from Corpus Christi to Houston,
Texas, the Examiner granted a change and stay. Three days later,
at Houston, the hearing continued. Appellant was still not in appearance but his previously named professional counsel was. No
defense was offered but matters in mitigating were asserted. No
reason was offered, or inquired about, for Appellant's failure to
appear for hearing.
After 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. Two months of
this period were ascribed to invocation of an earlier order, with
violation of probation. | Appeal No. 1749 | Suspension and Revocation Appeals Authority | 1/24/1969 | 1/24/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1747 - CHALONEC | By order dated 12 March 1968, an Examiner of the United States
Coast Guard at San Francisco, CA., suspended Appellant's seaman's
documents for one month on six months' probation upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a junior engineer on board SS CCNY VICTORY under
authority of the document above captioned Appellant
(1) on or about 9 and 12 January 1968, at Qui
Nhon, Vietnam, wrongfully failed to perform
his duties; and
(2) on or about 27 January 1968, at Manila, P.R.,
wrongfully failed to perform his duties.
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 CCNY VICTORY. At Appellant's earlier request, the
Investigating Officer also displayed to the Examiner a medical
record from the ship. This record was summarized by the Examiner
(R-8,9). The specification to which this latter material was
relevant is not mentioned above because it was dismissed by the
Examiner.
Since Appellant did not appear, no formal defense was entered.
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 one
month on six months' probation. | Appeal No. 1747 | Suspension and Revocation Appeals Authority | 1/2/1969 | 1/2/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1748 - NICKERSON | By order dated 26 July 1967, an Examiner of the United States
Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for three 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 AB
seaman on board SS COLUMBIA VICTORY under authority of the document
above captioned Appellant:
(1) on or about 30 April 1967, at Southport, N.
C., wrongfully failed to perform duties in
securing the vessel for sea;
(2) on or about 1 June 1967, at sea, wrongfully
failed to perform duties by reason of
intoxication; an
(3) on or about 2 June 1967, at sea, wrongfully
failed to stand a lookout watch because 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 COLUMBIA VICTORY.
There was no defense.
At the end of the hearing, the Examiner rendered an oral
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 three
months outright plus six months on twelve months' probation. | Appeal No. 1748 | Suspension and Revocation Appeals Authority | 1/1/1969 | 1/1/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1746 - PREVOST | By order dated 1 July 1968, 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 order was conditioned upon
affirmation by the Commandant, U. S. Coast Guard, of the Examiner's
ruling that dismissal action under section 1203.4 of the California
Penal Code does not set aside a conviction for all purposes. The
specification found proved alleges that on or about 20 December
1967, Appellant, in the Municipal Court for the Oakland-Piedmont
Judicial District, County of Alameda, State of California, a court
of record, was convicted of a violation of Section 11556 of the
Health and Safety Code, a narcotic drug law of the State of
California.
At the hearing held 24 June 1968, Appellant was represented by
professional counsel. Counsel entered a plea of not guilty to the
charge and specification. The Investigating Officer introduced in evidence Certified
Abstract of Record (criminal) No. F2981-Dept. No. 7 of the
Municipal Court for the Oakland-Piedmont Judicial District, County
of Alameda, State of California.
In defense, Appellant offered in evidence a copy of a Petition
and Order for Release from Penalties and Dismissal under Section
1203.4 of the California Penal Code.
The Examiner on 1 July 1968 entered an order revoking all
documents issued to Appellant, but conditioned as mentioned above. | Appeal No. 1746 | Suspension and Revocation Appeals Authority | 12/18/1968 | 12/18/1968 | | 12/27/2017 |
| 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 |
| Suspension and Revocation Appeals Authority | 1745 - GURY | By order dated 19 June 1968, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for two months outright plus four months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an
electrician on board SS EXCHESTER under authority of the document
above captioned Appellant,
(1) on or about 17 October 1967, wrongfully attempted "to
commit larceny of ship's property by preparing to have
electrical components removed from the electrical shop,
while the vessel was at Catania, Italy" and
(2) on or about 25 November 1967 wrongfully failed to report
for a fire and boat drill at sea.
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 voyage
records of EXCHESTER and the testimony of one witness, the first
assistant engineer of the ship.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 1745 | Suspension and Revocation Appeals Authority | 12/6/1968 | 12/6/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1743 - LONG | By order dated 2 August 1968, an Examiner of the United States
Coast Guard at Long Beach, Cal., suspended Appellant's seaman's
documents for 12 months, upon findings him guilty of misconduct.
The specification found proved alleges that while serving as third
assistant engineer on board SS COEUR D'ALENE VICTORY under
authority of the document and license above captioned, on or about
8 April 1968, while the vessel was at sea, Appellant was, at about
1245, under the influence of alcohol while he was in charge of the
engine room watch.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of COEUR D'ALENE VICTORY and a deposition by the chief
engineer of the vessel. | Appeal No. 1743 | Suspension and Revocation Appeals Authority | 12/3/1968 | 12/3/1968 | | 12/27/2017 |
| 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 | 1739 - CARNES | By order dated 23 April 1968, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's license for
one month upon finding him guilty of negligence. The
specifications found proved allege that while serving as night
engineer on board SS EXILONA under authority of the license above
captioned on or about 28 or 29 December 1967, Appellant, while the
vessel was at Hoboken, N. J.,
(1) did "allow the vessel's enginerom to remain vulnerable to
flooding from the sea by failing to assure that the
opening to the sea created by the removal of the bonnet
from the main overboard discharge valve was blanked off";
(2) did "permit the vessel's engineroom to become flooded by
failing to assure that an opening to the sea created by
the removal of the bonnet from the vessel's main
overboard discharge valve was `blanked off' prior to an
during cargo loading operations"; and (3) did "fail to notify the night mate in charge of the
vessel that said vessel's main overboard discharge valve
bonnet had been removed making the engineroom subject to
flooding."
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 the night mate on duty at the time of the vessel's flooding, and
that of the machine shop foreman of the company doing the repair
job on the overboard discharge valve.
In defense, Appellant offered in evidence his own testimony
and that of an expert night engineer. | Appeal No. 1739 | Suspension and Revocation Appeals Authority | 11/22/1968 | 11/22/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1736 - CASTILLO | By order dated 29 December 1967, an Examiner of the United
States Coast Guard at New York, N. Y. 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 a
fireman/watertender on board SS BRITAIN VICTORY under authority of
the document above described, on or about 10 December 1966,
Appellant wrongfully created a disturbance so as to require
restraint by hand cuffing.
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 BRITAIN VICTORY and the testimony of the master
of the vessel.
In defense, Appellant offered in evidence other voyage records
of the vessel, his own testimony, and the testimony of three
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 all
documents issued to Appellant for a period of three months outright
plus three months on twelve months' probation. | Appeal No. 1736 | Suspension and Revocation Appeals Authority | 11/15/1968 | 11/15/1968 | | 12/27/2017 |
| 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 | 1738 - NEARY | By order dated 29 March 1968, an Examiner of the United States
Coast Guard at Providence, R. I., suspended Appellant's seaman's
documents for one month on six months' probation upon finding him
guilty of negligence. The specification found proved alleges that
while serving as pilot on board SS TEXACO MASSACHUSETTS under
authority of the license above captioned on or about 13 February
1968, Appellant failed to determine the position of the vessel,
thereby contributing to a grounding.
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 witnesses and reports filed in connection with the
grounding of the ship.
In defense, Appellant offered in evidence his own testimony
and that of an expert witness.
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 on six
months' probation. | Appeal No. 1738 | Suspension and Revocation Appeals Authority | 11/15/1968 | 11/15/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1734 - NEMECEK | By order dated 26 May 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for four months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a fireman/watertender on board SS SEATRAIN NEW JERSEY
under authority of the document Appellant:
(1) on or about 13 and 14 March 1967, at Cam Ranh, Vietnam,
failed to perform duties by reason of intoxication.
(2) on or about 23 March 1967, at sea, failed to perform
duties;
(3) on or about 23 March 1967, at sea, wrongfully had
intoxicating liquor in his possession;
(4) on or about 23 March 1967, at Nagoya, Japan, failed to
perform assigned duties;
(5) on or about 28 March 1967, at Yokohoma, Japan, failed to
perform assigned duties;
(6) on 4 April 1967, at Da Nang, Vietnam, failed to join the
vessel;
(7) on 6, 7, 8 and 9 April 1967 at Qui Nhon, Vietnam, failed
to perform assigned duties; and
(8) on 21 April 1967, at Vung Tau, Vietnam, wrongfully failed
to perform duties.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification except the fifth to which he pleaded guilty. | Appeal No. 1734 | Suspension and Revocation Appeals Authority | 11/6/1968 | 11/6/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1735 - ROGAN | By order dated 20 June 1967, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for three months on six months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a wiper on board the United States SS
KINGS POINT under authority of the document above described, on or
about 21 May 1967, Appellant, at Saigon, S. Vietnam:
(1) wrongfully used foul and abusive language to the Chief
engineer of the vessel, and
(2) wrongfully created a disturbance on board the vessel.
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 introduce in evidence an entry form
the Official Log Book of KINGS POINT and asked for a postponement
until later that day to obtain the testimony of the Chief engineer
who had been required to be aboard the ship for a "shift" on the
morning of the hearing on 15 June 1967. The Examiner properly held
that a prima facie case had been made out the voyage records and
that the presence of the chief engineer might not be required. He
then permitted the defense to be heard. | Appeal No. 1735 | Suspension and Revocation Appeals Authority | 11/6/1968 | 11/6/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1732 - FULTON | By order dated 20 May 1968, an Examiner of the United States
Coast Guard at Seattle, Washington suspended Appellant's seaman's
documents for four months on eight months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as chief steward on board SS PHILIPPINE MAIL
under authority of the document above captioned on or about 1 March
1968, Appellant participated in loading on board the vessel, at
Seattle, Washington, eleven television sets which were not
manifested.
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 PHILIPPINE MAIL and the testimony of the purser of the
vessel.
In defense, Appellant offered in evidence an unsworn statement
R-23, 24.
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 entered an order suspending all
documents issued to Appellant for a period of four months on eight
months' probation. | Appeal No. 1732 | Suspension and Revocation Appeals Authority | 10/28/1968 | 10/28/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1733 - BREK | By order dated 23 January 1968, an 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 specification found proved alleges that
while serving as second assistant Engineer on board SS CAPE SAN
DIEGO under authority of the document and license above described,
on or about 14 December 1967, Appellant wrongfully assaulted and
battered one Peter Tusa, the radio officer, with a dangerous
weapon, a knife the vessel was at sea.
Appellant did not appear at the hearing. The Examiner entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of CAPE SAN DIEGO and the testimony of two witnesses.
No defense was offered.
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. | Appeal No. 1733 | Suspension and Revocation Appeals Authority | 10/28/1968 | 10/28/1968 | | 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 | 1730 - MORTAN | By order dated 30 April 1968, an Examiner of the United States
Coast Guard at Jacksonville, Fla., after a hearing held at
Savannah, Ga., on 12 April 1968, suspended Appellant's seaman's
documents for one month outright plus two months on eighteen
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as radio
officer on board SS NORTHWESTERN VICTORY under authority of the
document and license above captioned on or about 14 March 1968,
Appellant wrongfully failed to obey a lawful order of the master to
send a message by radio-telegraph while the vessel was at sea.
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 introduced no evidence, in view of
the plea of guilty.
In defense, Appellant offered in evidence his own statement as
to matters in extenuation.
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 entered an order
suspending all documents issued to Appellant for a period of one
month outright plus two months on eighteen months' probation. | Appeal No. 1730 | Suspension and Revocation Appeals Authority | 10/18/1968 | 10/18/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1725 - RIVERA | By order dated 24 January 1968, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's
seaman's documents for three months on nine months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an able seaman on board SS EXECUTOR
under authority of the document above captioned Appellant:
(1) on or about 8 December 1967 wrongfully failed to report
at a fire and boat drill;
(2) on or about 13 December 1967, at Venice, Italy:
(a) was wrongfully absent from the vessel,
(b) failed to obey an order of the master not to leave
the vessel, and, (c) wrongfully failed to join the vessel.
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 voyage
records of EXECUTOR.
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. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months on nine
months' probation. | Appeal No. 1725 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 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 | 1727 - ARNOLD | By order dated 1 February 1967, an Examiner of the United
States Coast Guard at Charleston, S.C., suspended Appellant's
seaman's documents for twelve 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 AB
Seaman on board SS AMERICAN REPORTER under authority of the
document above described, Appellant:
(1) on or about 16 December 1966 created a disturbance on
board at Bremerhaven, Germany, because of intoxication;
(2) on or about 22 December 1966, wrongfully absented himself
from the vessel at Liverpool, England;
(3) on or about 24 December 1966, wrongfully failed to
perform duties at sea because of intoxication;
(4) on or about 6 January 1967, wrongfully absented himself
from the vessel at Antwerp, Belgium;
(5) on or about 7 January 1967, wrongfully failed to perform
duties while the vessel was in the Schelde River,
Belgium; and
(6) on or about 19 January 1967, wrongfully failed to join
the vessel at Wilmington, N. C.
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 AMERICAN REPORTER.
No evidence was produced in defense. | Appeal No. 1727 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1728 - WOOLSEY | By order dated 14 February 1968, 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 specification found proved alleges that while serving as an
ordinary seaman on board SS HALAULA VICTORY under authority of the
document above captioned, on or about 2 October 1966, Appellant
deserted the vessel at Bremerhaven, Germany.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of HALAULA VICTORY.
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 entered an order suspending all documents issued to Appellant for a period of six months.
The entire decision was served on 27 March 1968. Appeal was
timely filed on 25 April 1968. | Appeal No. 1728 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1729 - FELTON | By order dated 25 March 1968, an Examiner of the United States
Coast Guard at Seattle, Washington, suspended Appellant's seaman's
documents for four months plus six months on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as third mate
on board SS BREEN MOUNTAIN STATE under authority of the document
and license above captioned, Appellant:
(1) on or about 2, 3, 8, and 9 February 1968, wrongfully
failed to perform duties by reason of intoxication while the vessel
was at sea;
(2) on or about 5 and 6 February 1968, wrongfully failed to
perform duties by reason of intoxication while the vessel was at
Pusan, Korea;
(3) on or about 23 and 24 February 1968, wrongfully failed to perform duties by reason of intoxication while the vessel was at
Saigon, South Vietnam.
At the hearing held on Portland, Ore., 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 GREEN MOUNTAIN STATE and the testimony of the chiefmate of the vessel.
In defense, Appellant wrote a letter explaining why he had not
appeared for hearing and urging reasons why the second and third
specification should not be found proved. The Examiner made this
letter an exhibit in evidence. | Appeal No. 1729 | Suspension and Revocation Appeals Authority | 10/16/1968 | 10/16/1968 | | 12/27/2017 |
| 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 | 1723 - TOMPKINS | By order dated 30 March 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 specifications found proved allege that
while serving as an oiler on board SS BEAVER VICTORY under
authority of the document above described, Appellant:
(1) on or about 31 December 1966, wrongfully failed to join
the vessel at Yokohoma, Japan, and
(2) on or about 29 and 30 January 1967, at Ving Tem, Viet
Nam, and on 13 February 1967 at Yokohama, Japan,
wrongfully failed to perform duties.
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 BEAVER STATE.
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 specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1723 | Suspension and Revocation Appeals Authority | 9/23/1968 | 9/23/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1722 - BLAIR | By order dated 14 November 1967, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for two months outright plus four months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving under
authority of the document and license above described, Appellant:
(1) as second mate, deserted SS AMERICAN HAWK at Osaka,
Japan, on 7 June 1966, and
(2) as second mate wrongfully failed to join SS HERMINA at
Charleston, S.C., on 24 May 1967.
At the hearing, Appellant elect 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 voyage
records of AMERICAN HAWK and HERMINA.
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 both
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright plus four months on twelve months' probation. | Appeal No. 1722 | Suspension and Revocation Appeals Authority | 9/13/1968 | 9/13/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1721 - CLIFTON | By order dated 2 March 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 a
fireman-watertender on board SS YORK under authority of the
document above described, on or about 7 June 1965, Appellant
assaulted and battered one Melvin Chandler, a fellow crewmember, by
striking him with his fists, and on 20 June 1965 wrongfully failed
to perform duties between 0000 and 0800 by reason of being under
the influence of alcohol.
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 certain
voyage records of YORK, the testimony of Chandler, depositions of three other witnesses, and, by stipulation with counsel, a
handwritten statement of another witness.
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 both
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months. | Appeal No. 1721 | Suspension and Revocation Appeals Authority | 8/16/1968 | 8/16/1968 | | 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 | 1719 - EVANS | By order dated 30 October 1967, an Examiner of the United
States Coast Guard at Long Beach, Cal. suspended Appellant's
seaman's documents for one month outright plus six months on twelve
month's probation upon finding him guilty of misconduct. The
specifications found proved alleged that while serving as a crew
messman on board SS BRAZIL VICTORY under authority of the document
above described, Appellant:
(1) on or about 21 September 1967 at Saigon, S. Vietnam,
wrongfully disobeyed a direct order to clean his assigned duty
station;
(2) on the same date wrongfully failed to perform his
assigned duties from 1000 through the remainder of the day;
(3) on or about 22 September 1967 wrongfully disobeyed a
direct order of the master to clean his assigned duty spaces;
(5) on or about 23 September 1967, at Newport, S. Vietnam,
wrongfully failed to perform his duties;
(6) on 24 September 1967, at Newport, S. Vietnam, wrongfully
failed to perform duties from 0600 to 0710: and
(7) on 22 September 1967, at Saigon, disobeyed a direct order
of the master to put out a cigarette and stand while an Official
Log Book entry was read to him.
The fourth specification, which alleged that Appellant had
disobeyed a direct order of the master to remain on board during
normal working hours on 22 September 1967, at Saigon, was found
"not proved."
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
the second, fifth and sixth specifications, and pleaded not guilty
to the first, third, fourth, and seventh specifications. | Appeal No. 1719 | Suspension and Revocation Appeals Authority | 7/26/1968 | 7/26/1968 | | 12/27/2017 |