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Suspension and Revocation Appeals Authority1658 - POULESBy order dated 25 August 1966, an Examiner of the United States Coast Guard at San Francisco, California, revoked Appellant's seaman documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as an ordinary seamen on board the United States SS LOYOLA VICTORY under authority of the document above described, on or about 31 May 1966, and 1 and 2 June 1966, Appellant wrongfully failed to perform his regular assigned duties due, on 1 and 2 June 1966, to his having been in a state of intoxication. Appellant failed to appear at the hearing after having been served with notice thereof and of the charge and specifications. It was, therefore, conducted in absentia and the Examiner entered a plea of not guilty in Appellant's behalf to the charge and each specification. The Investigating Officer introduced in evidence entries from the ship's Shipping Articles and Official Logbook. 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 revoking all documents, issued to Appellant.Appeal No. 1658Suspension and Revocation Appeals Authority9/20/19679/20/196712/28/2017
Suspension and Revocation Appeals Authority1786 - NICKELSBy order dated 25 April 1969, an Examiner of the United States Coast Guard at San Francisco, California, revoked Appellants seaman's documents upon finding him guilty of the charge of "conviction for a narcotic drug law violation." The specification as found proved alleges that Appellant was on 8 September 1967 convicted of a violation of Section 11556 of the Health and Safety Code, a narcotic drug law of the State of California, in the Superior Court in and for the City and County of San Francisco. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge specification. The Investigating Officer introduced evidence of Appellant's conviction on a plea of guilty In defense, Appellant offered evidence of later action by the Court. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification as amended had been proved. The Examiner then entered an order revoking all documents issued to Appellant.Appeal No. 1786Suspension and Revocation Appeals Authority4/9/19704/9/197012/27/2017
Suspension and Revocation Appeals Authority1763 - GONZALEZBy 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. 1763Suspension and Revocation Appeals Authority5/19/19695/19/196912/27/2017
Suspension and Revocation Appeals Authority1800 - PABLOBy order dated 24 October 1969, and Examiner of the United States Coast Guard at Mobile, Alabama, revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as an ordinary seaman on board SS NORTHERN STAR under authority of the document above captioned, Appellant: (1) on 11 September 1969, refused to obey an order of the second mate of the vessel to participate in a fire and boat drill; (2) on 28 September 1969, refused to obey an order of the second mate to take the gangway watch; (3) on 28 September 1969, assaulted and battered the master of the vessel by striking with his hands; (4) on 28 September 1969, used profane and threatening language to the master; and (5) on 28 September 1969, created a disturbance on the vessel by brandishing a fire axe in a dangerous manner. 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 NORTHERN STAR and the testimony of the master of the vessel. Since Appellant did not appear there was no evidence entered on his behalf.Appeal No. 1800Suspension and Revocation Appeals Authority7/16/19707/16/197012/27/2017
Suspension and Revocation Appeals Authority1776 - REAGANBy order dated 24 October 1968, an Examiner of the United States Coast Guard at Cleveland, Ohio, revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as a watchman on board the SS COL. JAMES M. SCHOONMAKER under authority of the document above captioned, on or about 23 June 1968, while the vessel was underway on Lake Superior, Appellant: (1) assaulted the master of the vessel; (2) assaulted the Third Mate; (3) maliciously destroyed ship's property; and (4) disobeyed an order of the master by not going to his room. 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 six witnesses and voyage records of COL. JAMES M. SCHOONMAKER. In defense, Appellant offered in evidence his own testimony, and the statements of three other witnesses made before the hearing began. 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 revoking all documents issued to Appellant.Appeal No. 1776Suspension and Revocation Appeals Authority7/2/19697/2/196912/27/2017
Suspension and Revocation Appeals Authority1628 - BOCHENSKIBy order dated 24 October 1966, an Examiner of the United States Coast Guard at Galveston, Texas, suspended Appellant's seaman documents for one month on six months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as a second cook and baker on board the United States SS RICHMOND under authority of the document above described, on or about 3 August 1966, Appellant wrongfully failed to turn to his regular assigned duties and did not work the entire day, and on or about 4 August 1966 Appellant wrongfully failed to turn to his regular assigned duties and did not work the entire day, while said vessel was in the port of Bombay, India. At the hearing on 14 October 1966, 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 Shipping Articles showing Appellant to be a member of the crew at the time alleged in the specifications and the Official Log Book of thevessel containing entries concerning the allegations of the two specifications. In defense, Appellant testified that he went ashore to make a complaint to the American Consul against the master and the chief steward because threats had been made against his life by members of the steward's department. The hearing was adjourned, on Examiner's motion, to locate the master and obtain his testimony. Subsequently, the Examiner decided to resolve the case on the record as presented on 14 October 1966 and rendered a written decision on 24 October 1966 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 Appellant, for a period of one month on six months' probation.Appeal No. 1628Suspension and Revocation Appeals Authority5/26/19675/26/196712/28/2017
Suspension and Revocation Appeals Authority1955 - MILLSBy order dated 24 May 1972, an Administrative Law Judge of the United States Coast Guard at Seattle, Washington, revoked Appellant's seaman's documents upon findings him guilty of the charge of "conviction for a narcotic drug law violation." The specification found proved alleges that on 18 December 1967, Appellant now holder of the above captioned document was convicted by the United States District Court for the District of Arizona for violation of a narcotic drug law of the United States. 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 records of the U.S. District Court for the district of Arizona. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. The Administrative Law Judge then entered an order revoking all documents issued to Appellant.Appeal No. 1955Suspension and Revocation Appeals Authority6/27/19736/27/197312/27/2017
Suspension and Revocation Appeals Authority1801 - HUNTERBy order dated 24 June 1969, and Examiner of the United States Coast Guard at New Orleans, Louisiana, suspended Appellant's seaman's document of four months upon finding him guilty of misconduct. The specification found proved allege that while serving as a Wiper on board SS SUE LYKES under authority of the document above captioned, Appellant: (1) On 14 April 1969, at a foreign port, wrongfully had intoxicating liquor in his possession; (2) on 24 April 1969, at a foreign port, wrongfully had intoxicating liquor in his possession; and (3) on 24 April 1969, at a foreign port, failed to perform duties because of intoxication. Appellant did not appear at the hearing. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of SUE LYKES. 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 document issued to Appellant for a period of four months.Appeal No. 1801Suspension and Revocation Appeals Authority6/26/19706/26/197012/27/2017
Suspension and Revocation Appeals Authority1725 - RIVERABy 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. 1725Suspension and Revocation Appeals Authority10/16/196810/16/196812/27/2017
Suspension and Revocation Appeals Authority1616 - BRADYBy order dated 24 August 1966, an Examiner of the United States Coast Guard at Seattle, Washington, suspended Appellant's seaman documents for four months on nine months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as Chief Engineer on board the United States SS TRUSTCO under authority of the license above described, on or about 21 August 1964, Appellant wrongfully assaulted and battered with his hands a fellow crew member, Second Mate Deimel, and wrongfully created a disturbance aboard said vessel. At the hearing, on 1 March 1966 and various subsequent dates, Appellant was represented by professional counsel. At the outset of the hearing, Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence a certification of shipping articles showing Appellant to be a member of the crew at the time alleged in the specification; certified copies of entries dated 21 August 1964 in the Official Log Book, including signed because of crew members; testimony of the master, and interrogatories and cross-interrogatories completed by witnesses. In defense, Appellant testified in his own behalf and denied that at any time he was the aggressor. 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 Appellant, for a period of four months on nine months' probation.Appeal No. 1616Suspension and Revocation Appeals Authority5/17/19675/17/196712/28/2017
Suspension and Revocation Appeals Authority1960 - SEEHORNBy order dated 23 March 1972, an Administrative Law Judge of the United States Coast Guard at Long Beach, California suspended Appellant's license for 6 months outright plus 6 months on 10 months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as Ocean Operator on board the H-10 Water Taxi #11 under authority of the license above captioned, on or about 3 September 1971, Appellant did wrongfully and intentionally operate said vessel in Los Angeles Harbor in such a manner as to endanger the life, limb and property of persons aboard a motor lifeboat from the M/S MARGARET JOHNSON, to wit, operated said vessel on such a course, at such speed and in such proximity to the lifeboat in an overtaking situation as to create, without justification, a hazardous condition. 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 records of H-10 Water Taxi, live testimony of four witnesses and the deposition of a fifth witness. In defense, Appellant offered in evidence three diagrams and the live testimony of himself, his co-respondent and two other witnesses. At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and specification were proved. He entered an order suspending all documents issued to Appellant for a period of 6 months outright plus 6 months on 10 months' probation.Appeal No. 1960Suspension and Revocation Appeals Authority6/28/19736/28/197312/27/2017
Suspension and Revocation Appeals Authority1958 - NORTONBy order dated 23 March 1972, an Administrative Law Judge of the United States Coast Guard at Long Beach, California suspended Appellant's license for 3 months outright plus 3 months on 9 months' probation upon finding him guilty of negligence. The specification found proved alleges that while serving as Operator on board the H-10 Water Taxi #21 under authority of the license above captioned, on or about 3 September 1971, Appellant did negligently operate said vessel in Los Angeles Harbor in such a manner as to endanger the life, limb and property of persons aboard a motor lifeboat from the M/S MARGARET JOHNSON, to wit, operated said vessel on such a course, at such speed and in such proximity to the lifeboat in an overtaking situation as to create, without justification, a hazardous condition. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and specification.Appeal No. 1958Suspension and Revocation Appeals Authority6/27/19736/27/197312/27/2017
Suspension and Revocation Appeals Authority1523 - MICHAELSBy order dated 23 June 1965 at Seattle, Washington, an Examiner of the United States Coast Guard, after conducting a hearing at Portland, Oregon, revoked Appellant's document upon finding him guilty of the charge of "conviction for a narcotic drug law violation." The charge was proved by evidence that, on 16 September 1964, Appellant was convicted by the Circuit Court of the State of Oregon for the County of Multnomah, a court of record, for violating a narcotic drug law of the State of Oregon (illegal sale of marijuana). At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and specification at the beginnings of the hearing on 17 July 1964. The Investigating Officer introduced evidence of an indictment against Appellant for the unlawful sale of marijuana, and a jury verdict finding Appellant guilty as charged in the indictment. The Investigating Officer then rested. Counsel for Appellant moved to dismiss the charges on the ground that there was no evidence of a conviction since the court had not yet rendered judgement in the case. The Examiner agreed that the proceedings were premature but denied the motion and adjourned the hearing until after the court acted.Appeal No. 1523Suspension and Revocation Appeals Authority6/23/19656/23/19653/1/2018
Suspension and Revocation Appeals Authority1904 - JOHNSONBy order dated 23 July 1971, an Administrative Law Judge of the United States Coast Guard at San Francisco, California, suspended Appellant's seaman's documents for three months outright upon finding him guilty of misconduct. The specifications found proved allege that while serving as an Ordinary Seaman on board the SS HANS ISBRANDTSEN under authority of the document above captioned, on or about 10 February 1969, Appellant, while the vessel was in the port of Singapore: (1) was wrongfully unable to perform his assigned duties by reason of intoxication; (2) did wrongfully urinate in the passageway outside the 4-8 Ordinary Seaman's forecastle; and (3) did wrongfully assault and batter with a dangerous weapon, to wit, a knife, a member of the crew. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of guilty to the charge and first specification and not guilty to the second and third specifications. The Investigating Officer introduced in evidence a Consular Report with attachments and depositions of the victim and six other crewmembers. In defense, Appellant offered in evidence his testimony, his military record, photographs of his room, a letter from his attorney to the Singapore Police, two letters written by Appellant and the receipt for a fine paid to the Singapore Police.Appeal No. 1904Suspension and Revocation Appeals Authority1/30/19731/30/197312/27/2017
Suspension and Revocation Appeals Authority1928 - VIRDENBy order dated 23 July 1970, an Administrative Law Judge of the United States Coast Guard at Long Beach, California, suspended Appellant's seaman's documents for three months outright upon finding him guilty of negligence. The specifications found proved allege that while serving as Chief Engineer on board the SS OBERLIN VICTORY under authority of the license above described, Appellant: (1) failed to take appropriate action, during the period between 6 June and 20 June 1969, to correct excessive boiler feed water salinity which resulted in tube rupture in the starboard boiler on or about 20 June 1969; and (2) failed to take appropriate action, during the period between 6 June and 27 June 1969, to correct excessive boiler feed water salinity which resulted in excessive damage to the vessel's port boiler and other machinery on or about 27 June 1969. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence the vessel's engineroom log and "Drew Log," a victory ship boiler operation and maintenance manual, a Drew boiler water treatment chart, lab test results on the boiler scale, the deposition of the vessel's Second Assistant Engineer and oral testimony by the First and Third Assistant Engineers, a Coast Guard Marine Inspector and an American Bureau of Shipping surveyor.Appeal No. 1928Suspension and Revocation Appeals Authority5/22/19735/22/197312/27/2017
Suspension and Revocation Appeals Authority1780 - MURRAINEBy order dated 23 July 1968, an Examiner of the United States Coast Guard at New York, N. Y., suspended Appellant's seaman's documents for six months upon finding him guilty of misconduct. The specifications found proved allege that while serving as AB seaman on board SS AFRICAN LIGHTNING under authority of the document above captioned, Appellant: (1) on 19 January 1968, failed to perform duties because of intoxication, at Freemantle, Australia; (2) on 29 January 1968, failed to perform duties at Melbourne, Australia; (3) on 31 January 1968, absented himself from the vessel, and his duty, without authority, at Melbourne; (4) on 31 January 1968, failed to join the vessel at Melbourne; (5) on 12 March 1968, at Boston, Mass., assaulted a crewmember, one Emery Hoskey, with a knife; (6) on 12 March 1968, at Boston, assaulted Emery Hoskey with a fire axe; and (7) on 12 March 1968, at Boston, wrongfully had in his possession a switchblade knife. In addition, a specification found proved alleged that Appellant, serving as Ab seaman aboard SS FAIRISLE, failed to join the vessel at Saigon, RVN, on 24 December 1966.Appeal No. 1780Suspension and Revocation Appeals Authority7/18/19697/18/196912/27/2017
Suspension and Revocation Appeals Authority1733 - BREKBy 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. 1733Suspension and Revocation Appeals Authority10/28/196810/28/196812/27/2017
Suspension and Revocation Appeals Authority1577 - PORTERBy order dated 23 February 1966, an Examiner of the United States Coast Guard at Long Beach, California, suspended Appellant's seaman's 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 second assistant engineer on board the United States SS NORBERTO CAPAY under authority of the document and license above described, on or about 11 January 1966, at Manila Philippine Republic, Appellant (1) wrongfully assaulted and battered the chief mate of the vessel, (2) wrongfully assaulted and battered another crewmember, Wilder Wallace; and (3) wrongfully failed to join the vessel. At the hearing , Appellant elected to act as his own counsel, with the assistance of his wife. Appellant entered a plea of guilty to the charge and to all specifications except that alleging assault and battery upon Wilder Wallace. The Investigating Officer introduced in evidence documentary evidence from the ship's articles and official log book, and the testimony of the two alleged assault victims and of the first assistant engineer of the vessel. In defense, Appellant offered unsworn statements by his wife and himself. 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 later entered an order suspending all documents issued to Appellant for a period of six months outright plus six months on twelve months' probation, and the entire decision was served on 28 February 1966. Appeal was timely filed on 28 March 1966. Appeal was perfected by filing of a brief on 10 June 1966.Appeal No. 1577Suspension and Revocation Appeals Authority8/18/19668/18/196612/28/2017
Suspension and Revocation Appeals Authority1767 - CAMPBELLBy 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. 1767Suspension and Revocation Appeals Authority5/20/19695/20/196912/27/2017
Suspension and Revocation Appeals Authority1784 - KARLSSONBy order dated 23 December 1968, an Examiner of the United States Coast Guard at New York, N. Y., revoked Appellant's seaman's document upon finding him guilty of misconduct. The specifications found proved allege that while serving as an engineer-crane maintenance on board SS SEATRAIN FLORIDA under authority of the document above captioned, Appellant: (1) on 28 September 1967, at sea, disobeyed a lawful order of the first assistant engineer not to enter the the engine room of the vessel without first advising the Chief or first assistant engineer and to perform no functions in the engine room except under proper supervision; (2) on 5 October 1967, at Naha, Okinawa, attempted to provoke the second assistant engineer into striking him, and profanely defied that officer; (3) on 5 October 1967, at Naha, Okinawa, threatened the first assistant engineer with bodily harm; and (4) on 5 October 1967, at Naha, Okinawa, failed to obey a lawful order of the master to remain aboard the vessel. Appellant did not appear at the hearing after the first session, at which he was not represented by counsel. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of SEATRAIN FLORIDA. There was no defense offered.Appeal No. 1784Suspension and Revocation Appeals Authority3/24/19703/24/197012/27/2017
Suspension and Revocation Appeals Authority1662 - TUCKERBy order dated 23 December 1966, an Examiner of the United States Coast Guard at Houston, Texas, suspended Appellant's seaman documents for 12 months outright plus 6 months on 18 months' probation upon finding him guilty of misconduct. The specifications allege that while serving as an able seaman on board the United States SS U. S. BUILDER, under authority of the document above described, (1) on or about 10 November 1966, Appellant wrongfully failed to perform his assigned duties between 1300 and 1700 hours by reason of being absent from the vessel while it was in a foreign port; (2) on or about 15 November 1966, Appellant wrongfully failed to perform his assigned duties between 0800 and 1700 hours by reason of being absent from the vessel while it was in a foreign port; (3) on or about 16 November 1966, Appellant wrongfully failed to perform his assigned duties between 0800 and 1700 hours by reason of being absent from the vessel while it was in a foreign port; (4) on or about 17 November 1966, Appellant wrongfully failed to perform his assigned duties by reason of being absent from the vessel while it was in a foreign port; (5) on or about 18 November 1966, Appellant wrongfully failed to perform his assigned duties between 0800 and 1600 hours while the vessel was in a foreign port; and (6) on or about 19 November 1966, Appellant wrongfully failed to perform his assigned duties between 0000 and 0400 hours, due to being in a state of intoxication, while the vessel was at sea.Appeal No. 1662Suspension and Revocation Appeals Authority10/5/196710/5/196712/28/2017
Suspension and Revocation Appeals Authority1682 - AGUEDABy order dated 23 August 1967, an Examiner of the United States Coast Guard at Seattle, Washington, suspended Appellant's seaman's documents for nine months outright upon finding him guilty of misconduct. The specification found proved alleges that while serving as a mess man on board the United States SS AMES VICTORY under authority of the document above described, from 8 July 1967 through 19 July 1967, Appellant was absent from the vessel without permission while the ship was at Sattatip, Thailand. Appellant did not appear for hearing. The Examiner entered a plea of not guilty to the charge and specification. The Investigating Officer introduced in evidence voyage records of AMES VICTORY. At the end of the hearing, the Examiner rendered written decision in which he concluded that the charge and specification has been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of nine months.Appeal No. 1682Suspension and Revocation Appeals Authority3/14/19683/14/196812/27/2017
Suspension and Revocation Appeals Authority1794 - KELLYBy order dated 23 April 1968, an Examiner of the United States Coast Guard at New York, New York, suspended Appellant's seaman's documents for six months upon finding him guilty of negligence. The specifications found proved allege that while serving as pilot on board SS TEXACO MASSACHUSETTS under authority of the license above captioned, on or about 16 June 1966, Appellant: 1) while pilot of a privileged vessel in a crossing situation failed to maintain course and speed as required by 33 U.S.C. 206 in meeting SS ALVA CAPE; 2) also failed to sound a danger signal; and 3) failed to sound a three blast signal when backing in view of ALVA CAPE. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and each specification. Both sides had ample time to introduce evidence. The hearing lasted from 5 August 1966 to sometime in 1968. Much evidence including testimony of witnesses and about one hundred exhibits was introduced by both sides. On 23 April 1968 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. 1794Suspension and Revocation Appeals Authority6/18/19706/18/197012/27/2017
Suspension and Revocation Appeals Authority1739 - CARNESBy 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. 1739Suspension and Revocation Appeals Authority11/22/196811/22/196812/27/2017
Suspension and Revocation Appeals Authority1627 - CARDULLABy order dated 22 September 1966, an Examiner of the United States Coast Guard at New York City, New York, suspended Appellant's seaman's documents for two months upon finding him guilty of misconduct. The specifications found proved allege that while serving as a Third Assistant Engineer on board the United States SS SANTA MONICA under authority of the license above described, from 23 May to 29 June 1966, Appellant disobeyed orders on four occasions, and failed to perform his duties on one occasion. At the hearing, Appellant was represented by counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence pertinent documents, including the official logbook of the vessel, and the testimony of the Chief Engineer. 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 before mentioned specifications had been proved. The Examiner then served a written order on Appellant suspending all documents issued to him for a period of two months.Appeal No. 1627Suspension and Revocation Appeals Authority5/26/19675/26/196712/28/2017
Suspension and Revocation Appeals Authority1568 - GALLEGOSBy order dated 22 September 1965 an Examiner of the United States Coast Guard at Houston, Texas suspended Appellant's seaman documents for 12 months outright upon finding him guilty of misconduct. The specifications found proved allege that while serving as Able Seaman on board the United States SS DEL VALLE under authority of the document above described, during the period from 1 July 1965 to 9 September 1965, Appellant wrongfully absented himself from his duties on or about 21 July 1965 and on or about 11 August 1965, while the vessel was in a foreign port; that on or about 22 july 1965 while the vessel was in a foreign port Appellant wrongfully failed to perform his duties by reason of intoxication; that on or about 8 august 1965, while the vessel was underway in a foreign harbor, Appellant wrongfully failed to perform duty as a watchstander on wheel and lookout watches. At the hearing, Appellant did not appear and was not represented by counsel. A plea of not guilty to the charge and each specification was entered. The Investigating Officer introduced in evidence certified copies of log entries as to each offense charged. No evidence was offered on behalf of the Appellant.Appeal No. 1568Suspension and Revocation Appeals Authority7/7/19667/7/19663/1/2018
Suspension and Revocation Appeals Authority1807 - ZEMISBy order dated 22 November 1968, an Examiner of the United States Coast Guard at New York, New York suspended Appellant's seaman's documents for three months plus three months on twelve months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as boatswain on board SS AFRICAN STAR under authority of the document above captioned, Appellant: (1) on 17 July 1968, failed to perform duties at Papeete and on departure therefrom; (2) on 16 August 1968, failed to perform duties at Freemantle, Australia; and (3) on 4 September 1968, failed to perform duties at Sydney, Australia. 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 AFRICAN STAR. 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 plus three months on twelve months' probation.Appeal No. 1807Suspension and Revocation Appeals Authority7/10/19707/10/197012/27/2017
Suspension and Revocation Appeals Authority1813 - JEWELLBy order dated 22 November 1967, an Examiner of the United States Coast Guard at Baltimore, Maryland, revoked Appellant's license upon finding him guilty of misconduct. The specifications found proved allege that while serving as chief mate on board SS FAIRISLE under authority of the document and license above described, on or about 16 October 1967, Appellant, while the vessel was at Qui Nhon, R.V.N.: (1) failed to perform duties in connection with preparing the vessel for sea, by reason of intoxication; (2) showed insubordination to the master by the use of vulgar, abusive, and threatening language; and (3) refused to obey an order of the master to stay off the deck and remain in his quarters.Appellant did not appear for the hearing. The Examiner entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of FAIRISLE and the testimony of the master. There was no evidence for Appellant 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 revoking Appellant's license.Appeal No. 1813Suspension and Revocation Appeals Authority8/19/19708/19/197012/27/2017
Suspension and Revocation Appeals Authority1656 - FONTANEZBy order dated 22 November 1966, an Examiner of the United States Coast Guard at New York, N.Y., suspended Appellant's seaman documents for three months on twelve months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as a passenger utility on board the United States SS SANTA PAULA under authority of the document above described, on or about 14 September 1966, Appellant, while ashore in the port of La Guaira, Venezuela, did wrongfully assault and battered Leon Joseph Loiseau, a fellow crewmember. At the hearing, Appellant was represented by professional counsel, and entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence an entry from the ship's Logbook and the testimony of three witnesses one of which was the alleged victim. In defense, Appellant offered in evidence a statement of the alleged victim made while aboard ship, and his own testimony and that of another witness. At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and one specification had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of three months on twelve months' probation.Appeal No. 1656Suspension and Revocation Appeals Authority8/28/19678/28/196712/28/2017
Suspension and Revocation Appeals Authority1802 - PEREZ-MARTINEZBy order dated 22 May 1969, an Examiner of the United States Coast Guard at Portsmouth, Virginia, revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specifications found proved allege that while serving as a fireman/watertender on board SS OVERSEAR ANNA under authority of the document above captioned, on or about 4 April 1969, at sea, Appellant: (1) assaulted the master of the vessel by pushing him with his hands, and (2) assaulted the chief mate of the vessel by grabbing him around the neck. At the hearing, Appellant was represented by non-professional counsel. Appellant entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence voyage records of OVERSEAS ANNA, and the testimony of three witnesses. In defense, Appellant offered in evidence his own testimony and that of an eyewitness, his roommate. 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 revoking all documents issued to Appellant.Appeal No. 1802Suspension and Revocation Appeals Authority6/26/19706/26/197012/27/2017
Suspension and Revocation Appeals Authority1684 - KENNEDYBy order dated 22 June 1967, an Examiner of the United States Coast Guard at San Francisco, Calif., suspended Appellant's seaman's documents for six months outright plus three months on 12 months' probation upon findings him guilty of misconduct. The specification found proved alleges that while serving as a night cook and baker on board the United States SS LYNN VICTORY under authority of the document above described, on or about 22 May 1967, Appellant assaulted and battered with his fists the vessel's second assistant engineer at Qui Nhon, South Vietnam. 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 the testimony of two witnesses and certain voyage records of LYNN VICTORY. Since Appellant did not appear, 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 six months outright plus three months on 12 months' probationAppeal No. 1684Suspension and Revocation Appeals Authority3/15/19683/15/196812/27/2017
Suspension and Revocation Appeals Authority1764 - SCHMIDTBy 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. 1764Suspension and Revocation Appeals Authority5/16/19695/16/196912/27/2017
Suspension and Revocation Appeals Authority1912 - RICHARDBy order dated 22 July 1971, an Administrative Law Judge 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 specification found proved alleges that while serving as Third Assistant Engineer on board the SS U.S. PILOT under authority of the document and license above captioned, on or about 31 July 1969, while the vessel was at Stockton, California, Appellant did wrongfully create a disturbance in the vessel's saloon mess by directing abusive language towards a fellow crewmember and physically grabbing and manhandling said crewmember. At the hearing, Appellant was represented by professional counsel and entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence testimony of the victim, the master, and two other eyewitnesses. In defense, Appellant offered no evidence. At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and the above specification had been proved. However, he reserved decision on another specification. He subsequently found this latter specification unproven and served a written order on Appellant suspending all documents issued to him for a period of three months on six months' probation.Appeal No. 1912Suspension and Revocation Appeals Authority3/21/19733/21/197312/27/2017
Suspension and Revocation Appeals Authority1602 - O'NEILLBy order dated 22 July 1966, an Examiner of the United States Coast Guard at New York, New York suspended Appellant's seaman documents for twelve months outright upon finding him guilty of misconduct. The six specifications found proved allege that while serving as an able seaman on board the United States SS ROBIN LOCKSLEY under authority of the document above described, between 6 April and 6 July 1966, Appellant wrongfully failed to perform his duties on five occasions and failed to join his ship on departure from a domestic port. At the hearing on 13 July 1966, Appellant was not present or represented although he had been summoned to appear when served with the charge and specifications on 11 July. The Examiner entered a plea of "not guilty" to each of the specifications on behalf of Appellant and the hearing was conducted in absentia. The Investigating Officer introduced in evidence several documents including entries in the ship's Official Logbook pertaining to the offenses alleged. 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 the above order of suspension.Appeal No. 1602Suspension and Revocation Appeals Authority4/21/19674/21/196712/28/2017
Suspension and Revocation Appeals Authority1790 - WEBERBy order dated 22 January 1969, an Examiner of the United States Coast Guard at Seattle, Washington revoked Appellant's seaman's documents upon finding him guilty of misconduct. The specification found proved alleges that while serving as an ordinary seaman on board SS COUNCIL BLUFFS VICTORY under authority of the document above captioned, on or about 4 January 1969, Appellant wrongfully had marijuana in his possession on board the vessel at Seattle, Washington. 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 two officials of the Bureau of Customs and that of one of Appellant's roommates. He also introduced certain real evidence, objects of a seizure made by a Customs agent and documentary records. An itemized documentary record of the seizure was later substituted for the real evidence. In defense, Appellant offered in evidence the testimony of his other roommate 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.Appeal No. 1966Suspension and Revocation Appeals Authority6/26/19706/26/197012/27/2017
Suspension and Revocation Appeals Authority1757 - SCHEPISBy 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. 1757Suspension and Revocation Appeals Authority4/1/19694/1/196912/27/2017
Suspension and Revocation Appeals Authority1798 - MACKBy order dated 22 August 1969, an Examiner of the United States Coast Guard at New Orleans, Louisiana, suspended Appellant's seaman's documents for twelve months upon finding him guilty of misconduct. The specifications found proved allege that while serving as an Able seaman on board SS WHITTIER VICTORY under authority of the document above captioned Appellant: (1 on 25, 26, and 27 June 1969, at a foreign port, was absent form the vessel without authority; (2) on 14 July 1969, at Naha, Okinawa, was absent from the vessel without authority; and (3) failed to join the vessel on 15 July 1969 at Naha. 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 but added a statement that Appellant had rejoined the vessel at another port after the failure of 15 July 1969. 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 twelve months.Appeal No. 1798Suspension and Revocation Appeals Authority7/2/19707/2/197012/27/2017
Suspension and Revocation Appeals Authority1576 - ASTRAUSKASBy order dated 22 April 1966, an Examiner of the United States Coast Guard at Long Beach, California, suspended Appellant's seaman's documents for one month outright plus two months on twelve months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as Carpenter on board the United States SS CANADA BEAR under authority of the license above described, on or about 20 April 1966, Appellant engaged in mutual combat with another crewmember, while under the influence of alcohol, while the vessel was at San Francisco, California. The hearing was held in joinder with that of the other crewmember, William L. Rodrigues. The single specification alleged against Rodrigues was identical with that served upon Appellant except for the substituted names. At the hearing, Appellant was represented by non-professional counsel. Appellant entered a plea of not guilty to the charge and specification. Rodrigues, who was not represented by counsel, pleaded guilty. The Investigating Officer introduced on evidence extracts from the shipping articles of CANADA BEAR, and testimony of the master of the vessel. The Investigation Officer then rested, but immediately thereafter called Rodrigues as witness. Rodrigues testified and the Investigating Officer rested again. 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 specification had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of one month outright plus two months on twelve months' probation.Appeal No. 1576Suspension and Revocation Appeals Authority8/12/19668/12/196612/28/2017
Suspension and Revocation Appeals Authority1935 - WOODSBy order dated 21 May 1971, an Administrative Law Judge 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 and while serving as Chief Steward on board the SS OVERSEAS DINNY under authority of the document above captioned, Appellant: (1) on or about 27 November 1968, while the vessel was in the port of Oakland, did wrongfully engage in acts of sexual perversion with a member of the crew; and (2) between 18 and 27 November 1968 inclusive, while said vessel was at sea and in port, did wrongfully engage in acts of sexual perversion with two other crewmembers. At the hearing, Appellant was represented by professional counsel who entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence extracts from the Shipping Articles and the Official Logbook of the vessel and the testimony of five members of the crew. In defense, Appellant offered no evidence. After the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and both specifications had been proved. He entered an order revoking all documents issued to Appellant.Appeal No. 1935Suspension and Revocation Appeals Authority6/7/19736/7/197312/27/2017
Suspension and Revocation Appeals Authority1909 - MINSTERBy order dated 21 March 1971, an Administrative Law Judge of the United States Coast Guard at New Orleans, Louisiana, suspended appellant's seaman's documents for six months on 12 months' probation upon finding him guilty of misconduct. the specification found proved alleges that while serving as a wiper on board the United States SS GREEN LAKE under authority of the document above described, on or about 21 January 1971, appellant did wrongfully embezzle certain stores of the said vessel while said vessel was in the port of Kaohsiung, Taiwan. 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 documents and the testimony of two witnesses. In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and specification had been proved. The Administrative Law Judge then entered an order suspending all documents, issued to Appellant, for a period of six months on 12 months' probation.Appeal No. 1909Suspension and Revocation Appeals Authority2/27/19732/27/197312/27/2017
Suspension and Revocation Appeals Authority1666 - WARDBy order dated 21 March 1967, and Examiner of the United States Coast Guard at San Francisco, Calif., suspended Appellant's seaman documents for 6 months outright upon finding him guilty of misconduct. The specification found proved alleges that while serving as Scullion on board the United States SS PRESIDENT CLEVELAND under authority of the documents above described, on or about 19 January 1967, Appellant wrongfully deserted the vessel while it was in the port of Hong Kong. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of guilty to the charge and specification. 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 6 months outright.Appeal No. 1666Suspension and Revocation Appeals Authority10/31/196710/31/196712/28/2017
Suspension and Revocation Appeals Authority1601 - CARPENTERBy order dated 21 March 1966, an Examiner of the United States Coast Guard at San Francisco, California suspended Appellant's seaman documents for two months outright upon finding him guilty of misconduct. The specification found proved alleges that while serving as Second Assistant Engineer on board the United States SS AFRICAN LAKE under authority of the license above described, on or about 2 January 1966, Appellant failed to join his vessel upon its departure from Saigon, Vietnam. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of not guilty to the charge and specification. The Investigation Officer introduced in evidence the ship's Official Logbook. In defense, Appellant offered in evidence his own testimony and documentary evidence consisting of two prescriptions for drugs, both dated 30 December 1965.Appeal No. 1601Suspension and Revocation Appeals Authority3/24/19673/24/196712/28/2017
Suspension and Revocation Appeals Authority1557 - PEREZBy order dated 21 January 1966, an Examiner of the United States Coast Guard at New York, New York, suspended Appellant's seaman's documents for two months outright plus four months on eight months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as a refrigeration oiler on board the United States SS CONSTITUTION under authority of the document above described, on or about 20 November 1965, Appellant assaulted and battered, by pushing, the second assistant engineer and shortly thereafter also assaulted the same person by shaking his fist at him in a threatening manner and offering to inflict bodily harm. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and each specification.Appeal No. 1557Suspension and Revocation Appeals Authority5/27/19665/27/19663/1/2018
Suspension and Revocation Appeals Authority1566 - WHITEBy order dated 21 February 1966, an Examiner of the United States Coast Guard at Seattle, Washington, ordered Appellant's seaman documents revoked upon finding him guilty of the charge "conviction for a narcotic drug law violation." The specification found proved alleges that while holder of the document above described, on or about 11 January 1962, Appellant was convicted in the United States District Court for the district of Oregon of violation of narcotic drug laws of the United States. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of guilty to the charge and specification. The Investigating Officer introduced in evidence a certified copy of the judgement and commitment in the District Court proceedings. In defense, Appellant offered in evidence his own testimonyAppeal No. 1566Suspension and Revocation Appeals Authority3/1/2018
Suspension and Revocation Appeals Authority1558 - SORRENTINO.PDFBy order dated 21 February 1966, an Examiner of the United States Coast Guard at Long Beach, California, suspended Appellant's seaman's documents for two months outright upon finding him guilty of misconduct. The specification found proved alleges that while serving as third mate on board the United States SS NORBERTO CAPAY under authority of the documents above described, on or about 16 September 1965, Appellant wrongfully failed to join the vessel at Qui Nhon, Vitenam. 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 four documents.Appeal No. 1558Suspension and Revocation Appeals Authority6/2/19666/2/19663/1/2018
Suspension and Revocation Appeals Authority1942 - ACEVEDOBy order dated 21 December 1971, an Administrative Law Judge of the United States Coast Guard at New York, New York, suspended Appellant's seaman's documents for 5 months outright plus 3 months on 12 months' probation upon finding him guilty of misconduct. The specifications found proved allege that while serving as an Able Bodied Seaman on board the SS AMERICAN LYNX under authority of the document above captioned Appellant: (1) on or about 2 January 1970, did wrongfully use disrespectful language toward the Second Mate while the vessel was departing the port of Baltimore; and that, while so serving, on or about 13 January 1970, while the vessel was maneuvering in the confined water of Tilbury Docks, London, Appellant did (2) wrongfully damage the ship's property, to wit; the antenna of the after docking station walkie-talkie; (3) wrongfully fail to obey a direct order of the Third Mate to leave the after docking station and go to his room; and (4) wrongfully interfere with the safe navigation of the vessel by causing the Chief Mate to leave the bridge and escort him from the after docking station to his room. At the hearing, Appellant was represented by professional counsel who entered a plea of not guilty to the charge and each specification. The Investigating Officer introduced in evidence various exhibits and the testimony of the Master, Second Mate and Third Mate of the vessel.Appeal No. 1942Suspension and Revocation Appeals Authority6/12/19736/12/197312/27/2017
Suspension and Revocation Appeals Authority1707 - DAZEYBy order dated 21 December 1967, an Examiner of the United States Coast Guard at Galveston, Texas, suspended Appellant's seaman's documents for two months upon finding him guilty of misconduct. The specifications found proved allege that while serving as third mate on board SS COLUMBIA under authority of the document and license above described, Appellant: (1) on 12 October 1967 was wrongfully absent from the vessel at Bomboy, India; (2) at the same place, on 13 through 20 October 1967, was wrongfully absent from the vessel; (3) at the same place wrongfully failed to perform duties on 27 through 30 October 1967; (4) at the same place, on 4 through 7 November 1967, wrongfully failed to perform duties; and (5) at the same place, on 4 through 7 November 1967, was wrongfully absent from the vessel. At the hearing, Appellant elected to act as his own counsel. Appellant entered a plea of guilty to the charge and each specification found proved. The Investigating Officer introduced no evidence in view of the guilty plea. In defense, Appellant offered in evidence, in mitigation, the character evidence of the master of COLUMBIA to the effect that Appellant's conduct and performance were good at sea.Appeal No. 1707Suspension and Revocation Appeals Authority6/27/19686/27/196812/27/2017
Suspension and Revocation Appeals Authority1687 - BAKERBy order dated 21 December 1966, an Examiner of the United States Coast Guard at Long Beach, California, suspended Appellant's license for 12 months outright plus 6 months on 18 months' probation upon finding him guilty of misconduct. At the same time the Examiner suspended Appellant's Merchant Mariner Document for 12 months. The specifications found proved allege that while serving as firts assistant engineer on board the United States SS HANS ISBRANDTSEN under authority of the document and license above described, on or about 20, 21, 22, and 23 November 1966 Appellant wrongfully failed to stand watches while the vessel was in a foreign port, and that on 22 November 1966 at a foreign port Appellant disobeyed an order of the Master, by going ashore. 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 the testimony of two witnesses and certain voyage records of HANS ISBRANDTSEN. Since the proceeding was held in absentia, no defense was offered. 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 12 months outright, plus an additional 6 months on 18 months' probation with respect to Appellant's license only.Appeal No. 1687Suspension and Revocation Appeals Authority3/19/19683/19/196812/27/2017
Suspension and Revocation Appeals Authority1792 - PHILLIPSBy order dated 21 August 1969, an Examiner of the United States Coast Guard at Providence, Rhode Island suspended Appellant's seaman's documents for fifteen days upon finding him guilty of misconduct. The specifications found proved allege that while serving as operator of the motorboat SURFMASTER III under authority of the license above captioned, on or about 21 June 1969, Appellant: (1) while the vessel was underway off Block Island, R.I., wrongfully carried for hire more than six passengers; and (2) wrongfully failed to provide sufficient life-saving devices in serviceable condition while the vessel was underway. At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and each of three specifications. The Investigating Officer introduce in evidence the testimony of two witnesses and certain documents. 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 two specifications had been proved. The Examiner then entered an order suspending all documents issued to Appellant for a period of fifteen days (A condition of the order will be discussed in the Opinion below).Appeal No. 1792Suspension and Revocation Appeals Authority7/2/19707/2/197012/27/2017
Suspension and Revocation Appeals Authority1582 - WRETBy order dated 21 April 1966, an Examiner of the United States Coast Guard at Long Beach, California, suspended Appellant's seaman documents for 3 months outright plus 3 months on 12 months' probation upon finding him guilty of misconduct. The specification found proved alleges that while serving as a messman on board the United States SS EVANTHIE under authority of the document above described, on or about 24 February 1966, Appellant wrongfully engaged in mutual combat with a ship's officer, one Porter Bodine, the second assistant engineer. 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 the testimony of the second assistant and of the chief engineer, as well as records from the shipping articles and from the official log book. In defense, Appellant offered in evidence testimony from a wiper and from the chief officer of the vessel at the time in question. A statement of Appellant had already been admitted into evidence along with the official log book record. 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 3 months outright plus 3 months on 12 months' probation.Appeal No. 1582Suspension and Revocation Appeals Authority9/2/19669/2/196612/28/2017
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