| Suspension and Revocation Appeals Authority | 2650 - RESERVED FOR CONTINUITY | Reserved for Continuity
No decision for this number | Appeal No. 2650 | Suspension and Revocation Appeals Authority | | | | 11/28/2017 |
| Suspension and Revocation Appeals Authority | 2568 - SANCHEZ | NO. (REDACTED) issued to: Angel SANCHEZ, Appellant, and
NO. (REDACTED) issued to: Ivan R. CORALIZ, Appellant, and
NO. (REDACTED) issued to: Edwin G. MATHIS, Appellant, and
NO. (REDACTED) issued to: Jose M. RIVERA, Appellant, and
NO.(REDACTED) issued to: Roberto VALENTIN, Appellant, and
NO. (REDACTED) issued to: William VIUST, Appellant, and
NO. (REDACTED) issued to: Luis A. DAVILA, Appellant, and
NO. (REDACTED) issued to: Hector M. RESTO, Appellant, and
NO.(REDACTED) issued to: Felix PRIETO, Appellant.
These nine appeals have been consolidated for decision after
having been taken singly for appeal in accordance with 46 U.S.C.
7702 and 46 C.F.R. 5.701. The appeals have been consolidated
for the following reasons: In all nine cases, the charges and
evidence were substantially identical; all nine cases involved
the same Investigating Officer (IO), Administrative Law Judge
(ALJ), and counsel for the various Appellants; pleadings and
argument by both the Coast Guard and counsel for the Appellants
were substantially identical; and the Decisions and Orders
issued by the ALJ were substantially identical. Furthermore, my
disposition of these nine appeals is the same because it turns
on the same point in each record, as described infra. By order
dated 18 May 1993, an Administrative Law Judge (ALJ) of the
United States Coast Guard at San Juan, Puerto Rico suspended
Appellants' Ordinary Seaman documents for three months, with an
additional six months' suspension on twelve months of probation,
upon finding proved a charge of violation of law. The sole
specification in all cases alleged that Appellants, while acting
under the authority of their documents, on or about specified
dates between 13 April 1992 and 16 June 1992 fraudulently obtained Able Seaman endorsements in violation of 18 U. S. Code
1001. | Appeal No. 2568 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2462 - ARMSTEAD | This appeal has been taken in accordance with 46 U.S.C. SS7702
and 46 CFR SS5.701.
By order dated 12 June 1987, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, revoked
Appellant's Merchant Mariner's Document upon finding proved the charge
of conviction for a narcotic drug law violation. The charge was
supported by two specifications. The specifications found proved
alleged that Appellant, being the holder of the captioned document, on
or about 7 July 1982 and 18 November 1982, respectively, was convicted
by the Criminal District Court for teh Parish of Orleans, State of
Louisiana for possession of marijuana in violation of the Revised
Statutes of Louisiana.
The hearing wsa held at New Orleans, Louisiana, on 18 March, 29
April, and 9 June 1987.
Appellant appeared at the hearing with counsel, Harry Cantrell,
Jr., Esq. Appellant entered an answer of no contest to the charge and
specifications in accordance with 46 CFR SS5.527(a). | Appeal No. 2462 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2464 - FUTCHER | This appeal has been taken in accordance with 46 CFR Part 5,
Subpart J. 46 CFR SS5.701.
By order dated 24 March 1986, an Administrative Law Judge of the
United States Coast Guard at New York, New York, revoked Appellant's
license and merchant mariner's document upon finding proved a charge
of misconduct. The charge was supported by four specifications which
alleged that Appellant, while serving as Pilot/Mate on board the M/V
CAPE MAY, on or about 31 July 1985 wrongfully fraternized with a 14-
year-old female passenger, wrongfully engaged in undue familiarity
with a 14-year-old female passenger, wrongfully engaged in sexual
intercourse with a 14-year-old female passenger, and wrongfully failed
to exclude a 14-year-old female passenger from the pilot house and
bridge of the vessel, as prohibited by 46 CFR 78.10-1.
The hearing was held at Philadelphia, Pennsylvania, on 11
December 1985, 5 February 1986 and 18 February 1986. | Appeal No. 2464 | Suspension and Revocation Appeals Authority | | | | 11/30/2017 |
| Suspension and Revocation Appeals Authority | 2398 - BRAZELL | This appeal has been taken in accordance with 46 U.S.C. 239g
and 46 CFR 5.30-1.
By order dated 13 March 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's merchant mariner's document for four months upon
finding proved the charge of negligence. The specification found
proved alleged that Appellant, while serving as tankerman aboard
T/B TT-7002, did on or about 24 December 1980, fail to adequately
supervise cargo loading operations causing a discharge of oil into
the navigable waters of the United States, the Neches, River.
The hearing was held at Port Arthur, Texas, on 13 February
1981.
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 seventeen
exhibits and the testimony of five witnesses. | Appeal No. 2398 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2401- CAVANAUGH | This appeal has been taken in accordance with 46 CFR 5.30-15.
By order dated 31 January 1985, an Administrative Law Judge of
the United States Coast Guard at Alameda, California, revoked
Appellant's seaman's document upon finding proved a charge of
misconduct and a charge of being a user of a dangerous drug. The
specifications supporting these two charges allege that Appellant,
while serving under authority of the captioned document on board the
SS CONSTITUTION did, on or about 1900 24 February 1984 while said
vessel was at sea, wrongfully use cocaine and at the same time and
place, being holder of the captioned document, was a user of cocaine.
On 16 April 1985, Appellant filed a notice of appeal and
requested a temporary document. The Administrative Law Judge denied
the request by order dated 19 April 1985. | Appeal No. 2401 | Suspension and Revocation Appeals Authority | | | | 12/7/2017 |
| Suspension and Revocation Appeals Authority | 2361 - ZEMEL | This appeal has been taken in accordance with 46 U.S.C.
239(g), 23b and 46 CFR 5.30-1.
By order dated 18 July 1983, and Administrative Law Judge of
the United States Cost Guard at Long Beach, California revoked
Appellant's seaman's document upon finding him guilty of misconduct
and the charge of having been a user of a narcotic drug. The
specifications found proved allege that while acting under
authority of the document above captioned, on or about 14 May 1979,
Appellant made a false or fraudulent statement on CG Form 719B
(Rev. 9-72), Seaman's Certificate Application, by declaring that he
had used a narcotic drug, which declaration was false; and that
while being the holder of the document above captioned, on or about
10 September 1982 and for an unknown period of time before,
Appellant was wrongfully a user of a narcotic drug.
The hearing was held at Long Beach, California on 28 May, 27
June, and 18 July 1983.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification.
The Investigating Officer introduced in evidence three
documents and the testimony of one witness.
Appellant offered no evidence in defense. | Appeal No. 2361 | Suspension and Revocation Appeals Authority | 6/12/1984 | | | 12/20/2017 |
| Suspension and Revocation Appeals Authority | 1990 - BOURG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's license for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the MV FIVE FORKS
under authority of the license above captioned on or about 4
February 1972, Appellant did negligently fail to provide for the
safety of one of the passengers Robert J. Ricaud, by permitting him
to disembark the vessel under hazardous conditions without
requiring the use of a lifesaving device, while the vessel was at
the Mobil Oil Drilling Rig Central Facility 129, Block 129, Eugene
Island area, Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the
Certificate of death of Robert J. Ricaud and the testimony of two
members of the crew of the FIVE FORKS.
In defense, Appellant offered in evidence his own testimony
and that od a character witness. | Appeal No. 1990 | Suspension and Revocation Appeals Authority | 9/27/1973 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2065 - TORRES | States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 11 November 1975, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman documents, upon finding him guilty of
misconduct. The first specification found proved alleges that while
serving as an oiler on board the United States SS BUCKEYE STATE
under authority of the document above captioned, on or about 22
June 1973, Appellant, while in port at Kandla, India, had in his
possession marijuana and hashish. The second specification found
proved alleges that while serving as an oiler on board the United
States SS EXPORT AGENT under authority of the document above
captioned, on or about 11 April 1974, Appellant did assault and
batter the Third Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of one witness and nine exhibits. | Appeal No. 2065 | Suspension and Revocation Appeals Authority | 7/14/1976 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1962 - MEAKENS | By order dated 7 September 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for four months outright plus two
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Deck Engine Mechanic on board the SS PONCE de LEON
under authority of the document above described, on or about 23
February 1972, Appellant did engage in mutual combat with a
crewmember, Marcos Colon.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the Third Assistant Engineer, Cristobal Jaquez. In defense, Appellant offered in evidence his own testimony
and certain medical records.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of four months outright plus two months
on 12 months' probation.
The entire decision was served on 19 September 1972. Appeal
was timely filed on 25 September 1972. | Appeal No. 1962 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1693 - JOHNSON | By order dated 7 April 1967, an Examiner of the United States
Coast Guard at New York, N. Y. suspended Appellant's seaman's
documents for 2 months outright plus 2 months on 9 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a messman
on board the United States SS U. S. BUILDER under authority of the
document above described, Appellant:
(1) On 20 January 1967, wrongfully created a
disturbance aboard the vessel at Sattahip,
Thailand,
(2) at the same time and place, wrongfully possessed
intoxicating liquor aboard the ship,
(3) from 20 through 25 January 1967, wrongfully failed
to perform duties at Sattahip, Thailand, and (4) on 12 March 1967, failed to perform duties at
Nordenheim, Germany.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of U. S. BUILDER and the testimony of the chief mate ot the
vessel.
Since Appellant did not appear, there was no defense offered. | Appeal No. 1693 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1700 - MCGRAW | By order dated 27 February 1967, 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
misconduct and inattention to duty. The specifications found
proved allege that while serving as Third Mate on board SS
THUNDERHEAD under authority of the document and license above
described, Appellant:
(Under "Misconduct")
(1) on or about 18 July 1966, at Bangkok, Thailand,
wrongfully failed to perform his duties from 0800 to 1200 due to
intoxicants;
(2) on the same date, while the vessel was at sea, wrongfully
failed to perform duties because of intoxication;
(Under "Inattention to Duty")
(1) On or about 29 August 1966, failed to keep a proper bell
book while the vessel was in the Mississippi River.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charges and
each specification.
The Investigating Officer introduced in evidence the testimony
of the master of the vessel, and certain voyage records.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Examiner rendered a written decision in
which he concluded that the charges and four specifications had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of three months. | Appeal No. 1700 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1715 - FREDERICK | By order dated 13 July 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for four months finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board SS ROBIN TRENT under authority of the document Appellant:
(1) on or about 4 and 5 April 1967 wrongfully absented
himself from the vessel and his duties at a foreign port;
(2) on or about 8 April 1967, wrongfully failed to perform
duties at sea; and
(3) on or about 26 April 1967, wrongfully failed to comply
with a lawfully issued subpoena of a Coast Guard Officer
at a domestic port.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced no evidence in view of
the pleas of guilty.
In defense, Appellant offered no evidence, but gave an
explanation as to why he failed to comply with the subpoena.
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 served a written order
on Appellant suspending all documents issued to him for a period of
four months. | Appeal No. 1715 | Suspension and Revocation Appeals Authority | | | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1566 - WHITE | By 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 testimony | Appeal No. 1566 | Suspension and Revocation Appeals Authority | | | | 3/1/2018 |