| Suspension and Revocation Appeals Authority | 1914 - ESPERANZA | By order dated 1 March 1972, an Administrative Law Judge of
the United States Coast Guard at New York, N. Y., admonished
Appellant upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a Second
Pumpman on board the United States SS MARYLAND TRADER under
authority of the document above described, on or about 2 February
1972, Appellant wrongfully refused to obey a lawful command of the
Second Assistant Engineer not to use a torch.
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 affidavit
of service and voyage records from the SS MARYLAND TRADER.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant admonishing Appellant. | Appeal No. 1914 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1915 - GAINES | By order dated 20 Sept 1971, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., suspended
Appellant's seaman's documents for one month on twelve months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Radio Officer on board
the United States SS DEL ORO under authority of the captioned
documents on or about 9 August 1971, Appellant wrongfully failed to
attend a boat drill.
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 voyage
records and the testimony of the Master and Chief Mate. The Administrative Law Judge introduced in evidence a Station Bill
Card.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant suspending all documents, issued to him for a period of
one month on twelve months' probation. | Appeal No. 1915 | Suspension and Revocation Appeals Authority | 3/26/1973 | 3/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1916 - MCGOWAN | By order dated 28 January 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months outright
plus three months on six months' probation upon finding him guilty
of misconduct. The specifications found proved alleges that while
serving as able seaman on board the United States SS GREEN LAKE
under authority of the document above captioned, on or about 17
October 1969, Appellant was wrongfully absent without leave on
numerous occasions, failed to perform on one occasion, and failed
to join vessel; all while in Okinawa.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of the SS GREEN LAKE. There was no defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
fourteen specifications had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of three months outright plus three months on six months'
probation. | Appeal No. 1916 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1917 - RAY | By order dated 4 October 1971, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida suspended
Appellant's seaman's documents for four months outright plus four
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved alleges that while
serving as an able bodied seaman on board the United States NS
COSSATOT under authority of the document above described, on or
about 28 August 1970, Appellant wrongfully failed to join said
vessel at Naples, Italy.
At the hearing, Appellant failed to appear, therefore the
hearing proceeded in absentia. A plea of not guilty was entered to
the charge and specification on behalf of the Appellant.
The Investigating Officer introduced in evidence the original
signed copy of the "Advice to Person Charged" provided Appellant,
an extract of the shipping articles, and a certified copy of page 36 of the official logbook.
Since Appellant did not appear, there was no defense.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
the entered an order suspending all documents issued to Appellant,
for a period of four months outright plus four months on 18 months'
probation. | Appeal No. 1917 | Suspension and Revocation Appeals Authority | 3/31/1973 | 3/31/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1918 - STUART | By order dated 26 March 1970, an Administrative Law Judge of
the United States Coast Guard at New York, New York revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that Appellant, holder of the
document above captioned, was on 19 March 1969 convicted by a court
of record at Balboa, Canal Zone, for violation of a narcotic drug
law of the zone, possession of 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 records of
the Magistrate's Court of Balboa, Canal Zone.
In defense, Appellant offered no evidence. 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. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1918 | Suspension and Revocation Appeals Authority | 3/30/1973 | 3/30/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1919 - ARCHIE | By order dated 3 March 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon findings him guilty of the
charge of "charge of "conviction for a narcotic drug law
violation." The specification found proved alleges that while the
holder of U.S. Merchant Mariner's Document above described, on or
about 23 December 1969, Appellant was convicted by the Superior
Court, in and for the County of Los Angeles, State of California,
a court of record, for violation of a Narcotic Drug Law, to wit:
Violation of Section 11530 of the Health and Safety Code of the
State of California; to wit: possession of marijuana.
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 certified
copies of court records from the Superior Court of Los Angeles County, California.
In defense, Appellant offered in evidence certified copies of
the arrest report and the preliminary hearing transcript from the
above court and his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him. | Appeal No. 1919 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1920 - CESSFORD | By order dated 9 November 1970, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's seaman's documents for eight months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a deck utility on board the SS JEAN
LYKES under authority of the document above captioned, Appellant:
(1) on or about 3 July 1969, did wrongfully have intoxicants
in his possession while the vessel was at Baton Rouge,
Louisiana; and
(2) on or about 5 July 1969, did wrongfully fail to perform
his assigned duties while the vessel was at New Orleans,
Louisiana;
and while serving as an Able Bodied Seaman on board the SS EAGLE
TRANSPORTER under authority of his duly issued document, Appellant: (3) on or about 5 September 1968, did wrongfully fail to join
said vessel at Sattahip, Thailand;
(4) on or about 17 September 1968, did wrongfully fail to
perform his assigned duties while the vessel was at
Bahrain; and
(5) on or about 9 October 1968, did wrongfully fail to join
said vessel at Sattahip, Thailand.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence excerpts from
the shipping articles and official logs of the SS JEAN LYKES and
the SS EAGLE TRANSPORTER.
In defense, Appellant offered in evidence three letters from
defense counsel and two medical reports.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and all five
specifications had been proved. He then served a written order on
Appellant suspending all documents issued to him for a period of
eight months outright. | Appeal No. 1920 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1921 - WIGREN | By order dated 15 October 1969, an Administrative Law Judge of
the United States Coast Guard at New Orleans, La., suspended
Appellant's seaman's documents for 12 months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler on board the United States SS RAMBAM
under authority of the document above described, on or about 22,
23, 24, 25, 26, and 27 August 1969 while said vessel was at the
port of Inchon, Korea, Appellant wrongfully failed to perform his
assigned duties.
At the hearing, Appellant failed to appear. A plea of not
guilty to the charge and specification was entered on behalf of
Appellant.
The Investigating Officer introduced in evidence certified
copies from the ship's logbook and the Shipping Articles.
Since Appellant failed to appear there was no defense. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents, issued to
appellant, for a period of 12 months outright. | Appeal No. 1921 | Suspension and Revocation Appeals Authority | 4/5/1973 | 4/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1922 - BEATON | By order dated 28 October 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for six months plus six
months on six months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an able seaman on board the SS TRANSERIE under authority
of the document above captioned, Appellant:
(1) on 24 June 1969 wrongfully failed to join the vessel at
Manila, P.R.;
(2) on 3 and 4 July 1969 wrongfully failed to perform duties
at Keelung, Taiwan; and
(3) on 17 August 1969, failed to perform duties both at Da
Nang, RVN, and at sea. At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of the SS TRANSERIE.
There was no defense.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. He then entered an order
suspending all documents issued to Appellant for a period of six
months plus six months on six months' probation. | Appeal No. 1922 | Suspension and Revocation Appeals Authority | 4/27/1973 | 4/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1923 - ADAMS | By order dated 14 January 1971, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for six months outright plus six
months on twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an oiler on board the United States SS SILVER DOVE under
authority of the document above described, on or about 30 November
1970 and 1, 2 and 4 December 1970 Appellant wrongfully absented
himself from his vessel and duties without permission.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
voyage records of the SILVER DOVE. Because of Appellant's absence,
nothing was offered in defense. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order suspending all documents issued to Appellant, for
a period of six months outright plus six months on 12 months'
probation. | Appeal No. 1923 | Suspension and Revocation Appeals Authority | 4/26/1973 | 4/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1924 - MACDONALD | By order dated 26 October 1970, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for nine months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a fireman/watertender on board the SS TRANSPACIFIC
under authority of the document above captioned, on or about 23,
24, 25, 26 and 27 May 1970, Appellant failed to perform duties by
reason of intoxication at Manila, P.R.
At the hearing, Appellant did not appear. The Administrative
Law Judge entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence voyage
records of TRANSPACIFIC and a deposition of a witness.
There was no defense. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of nine months. | Appeal No. 1924 | Suspension and Revocation Appeals Authority | 5/3/1973 | 5/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1925 - ABBOTT | By order dated January 1971, an Administrative Law Judge of
the United States Coast guard at New York, New York, suspended
Appellant's license for three months outright upon finding him
guilty of two charges of negligence. the first charge of
negligence found proved is supported by two specifications, the
first of which alleges that the Appellant, while serving as Master
aboard the SS PONCE DE LEON on 8 March 1969, while enroute Pier 13,
Staten Island, New York, from sea in the Verrazano Narrows Bridge
wrongfully did fail to navigate with due caution as the burdened
vessel by failing to keep out of the way of the SS HONG KONG
MERCHANT in a crossing situation in violation of Rules 19 and 22 of
the Inland Rules of the Road. The second specification under the
first charge alleges that Appellant on that same date, in that same
location, failed to navigate on the starboard side of the channel
until the channel was clear for a safe crossing, and therefore
contributed to a collision between his vessel and the SS HONG KONG
MERCHANT. The second charge of negligence is supported by a single
specification which alleges that the Appellant on 24 March 1969
while Master of the SS PONCE DE LEON when that vessel was departing
San Juan Harbor failed to determine the ship's position before
making a left turn into the Graving Dock Channel thereby grounding
his vessel in the vicinity of Puerto Neuvo Channel Light 3
(LL-1305). | Appeal No. 1925 | Suspension and Revocation Appeals Authority | 5/17/1973 | 5/17/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1926 - BENSON | By order dated 5 April 1971, an Administrative Law Judge of
the United States Coast Guard at Detroit Michigan, suspended
Appellant's license for ten days outright plus twenty days on nine
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as pilot
under authority of the license above captioned, Appellant
(1) On board the Liberian M/V TROPICAL
PLYWOOD, on or about 11 June 1970, did direct
the navigation of said vessel at a speed in
excess of 10 m.p.h. over the bottom in the St.
Clair River in violation of the speed limit
prescribed by the U.S. Army Corps of Engineers
under the authority of 33 CFR 207.510 (d) (4)
and made effective through publication in
Notice to Mariners NCELO-O dated 13 August
1969 by the District Engineer, Detroit
District; and (2) On board the Norwegian M/V NORSE
TRANSPORTER, on or about 19 June 1970, did
direct the navigation of said vessel at a
speed in excess of 10 m.p.h. over the bottom
in the St. Clair River in violation of the
speed limit prescribed by the U.S. Army Corps
of Engineers under the authority of 33 CFR
207.510 (d) (4) and made effective through
publication in Notice to Mariners NCELO-O
dated 13 August 1969 by the District Engineer,
Detroit District.
At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and each
specification. | Appeal No. 1926 | Suspension and Revocation Appeals Authority | 5/15/1973 | 5/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1927 - SAVAGE | By order dated 15 October 1971, an Administrative Law Judge of
the United States Coast Guard at New York, N.Y., suspended
Appellant's seaman's documents for two months on nine months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Galley
Utilityman on board the United States SS HOPE under authority of
the document above captioned, on 7 March 1971, Appellant did, while
said vessel was in Kingston, Jamaica, wrongfully fail to turn to on
time, and did on 9 April 1971, while said vessel was in Kingston,
Jamaica, fail to take his regularly assigned fire and lifeboat
stations.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence abstracts of
the shipping articles and pertinent Records of Official Logbook Entries, all certified under Consular Seal.
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
specifications had been proved. The Administrative Law Judge
entered an order suspending all documents, issued to Appellant, for
a period of two months on nine months' probation. | Appeal No. 1927 | Suspension and Revocation Appeals Authority | 5/15/1973 | 5/15/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1928 - VIRDEN | By 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. 1928 | Suspension and Revocation Appeals Authority | 5/22/1973 | 5/22/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1929 - JAVIER | By order dated 18 June 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an oiler on board SS FRONTENAC VICTORY
under authority of the document above captioned, on or about 6
August 1968, Appellant, at San Francisco, California:
(1) wrongfully used abusive language to an officer of the
United States Coast Guard, LTJG David B. Weiner, in the
performance of his duties; and
(2) wrongfully assaulted a member of the Coast Guard, Chief
Petty Officer R. J. Collins, in the performance of his
duties.
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 FRONTENAC VICTORY and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
After the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. The Judge then entered an
order suspending all documents issued to Appellant for a period of
three months. | Appeal No. 1929 | Suspension and Revocation Appeals Authority | 5/22/1973 | 5/22/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1966 - PETTER | By order dated 28 September 1972 at San Diego, California, and
amended on 25 October 1972 at Long Beach, California, an
Administrative Law Judge of the United States Coast Guard revoked
a fraudulently obtained endorsement on Appellant's license and
suspended said license for 12 months outright upon finding him
guilty of misconduct. The specifications found proved allege that,
while acting under the authority of the license above described
Appellant did:
(1) on or about 12 May 1971, knowingly, wrongfully and
fraudulently submit false evidence of device on certain waters in
applying for an extension of route on his existing license, to wit,
a letter dated 7 May 1971 from H & M Landing showing approximately
14 trips as a crew member; and
(2) on or about 4 May 1971, knowingly and wrongfully provided
fraudulent information for the purpose of extending the route on
the license of one of his employees, to wit, a letter dated 4 May 1971 stating that James Richard Hand had worked on Appellant's
vessel, BANDIDO, on certain waters on which Appellant knew or
should have known said employee had not in fact served.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each
specification.
The Investigating Officer introduced in evidence copies of
Appellant's license and two allegedly fraudulent letters and the
testimony of James R. Hand. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1967 - KENOPKE | By order dated 2 February 1971, an Examiner of the United
States Coast Guard at New Orleans, La., admonished Appellant upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board the SS GREEN DALE
under authority of the license above captioned, on or about 29 June
1968, Appellant neglected to exercise precautions required by
International Rules of the Road, Rule 29, in that he "failed to
take timely evasive action although whistle signal exchanges
between the SS GREEN DALE and MV NYMPHE so indicated action and
thereby contributed to a collision between the SS GREEN DALE and
another vessel, the MV NYMPHE.
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 a report of casualty involving GREEN DALE and the testimony of one witness.
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 specification
had been proved. The Examiner then entered an order of admonition
against Appellant.
The entire decision was served on 8 February 1971. Appeal was
timely filed on 2 March 1971. Although Appellant had until 2 June
1971 to add to his appeal he has not done so. | Appeal No. 1967 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1968 - JOHNSON | By order dated 25 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's license for one month outright plus two months on 12
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a Pilot on
board the Tankship F. L. HAYES under authority of the license above
captioned, on or about 3 January 1972 Appellant at about 1530
committed said vessel to an unsafe meeting situation with the M/V
SHEILA MORAN and its tow thereby contributing to the grounding of
said vessel on South Brothers Island, East River, New York.
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 Henry W. Goldhorn, Jr., a copy of the Tankship F. L. HAYES' Certificate of Inspection, and a chart of the East River.
In defense, Appellant offered in evidence the testimony of
himself and William Vals, Master of the F. L. HAYES.
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 his license for
a period of one month outright plus two months on 12 months'
probation.
The entire decision was served on 26 May 1972. Appeal was
timely filed on 31 May 1972. | Appeal No. 1968 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1969 - RIDDOCK | By order dated 27 April 1972, an Administarative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for six months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Chief Cook on board the SS PINE TREE STATE under
authority of the document above captioned, on or about 28 November
1971, Appellant, while said vessel was at sea, wrongfully
assaulted a crewmember, Pablo Rosario, by holding a knife and
telling him that he would stick it in his stomach.
At the hearing Appellant elected to act as his own counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence certified
extracts fron the voyage records of the SS PINE TREE STATE. | Appeal No. 1969 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1970 - THOMAS | By order dated 9 September 1970, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California
revoked Appellant's seaman's documents upon finding him
professionally incompetent and mentally incompetent. The
specifications found proved allege that while serving as Third
Assistant Engineer on board the SS DESOTO under authority of the
document and license above captioned, Appellant:
(1) while the vessel was on a foreign voyage to Far Eastern
ports from 14 May to 7 August 1969, did, by his acts and
commissions while standing engine room watches, demonstrate that he
did not possess and exercise the professional skills and engine
room management of an ordinary prudent licensed Third Assistant
Engineer, thereby rendering himself unfit to serve on merchant
vessels of the United States; and (2) while the vessel was on said voyage from 14 May to 7
August 1969, did, by his acts and omissions, demonstrate that he
was suffering from a psychiatric disorder rendering him unfit to
serve on board merchant vessels of the United States.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to both charges and each
specification.
The Investigating Officer introduced in evidence the testimony
of the vessel's First and Second Engineers, a Customs official and
a psychiatrist and various documentary evidence.
In defense, Appellant offered in evidence a fit-for-duty slip. | Appeal No. 1970 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1971 - MOORE | By order dated 17 July 1972, 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
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 31 March 1972, Appellant was
convicted of the Narcotic Drug Laws of the State of California.
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 a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order revoking
all documents issued to Appellant.
The entire decision was served on 19 July 1972. Appeal was
timely filed on 16 August 1972. | Appeal No. 1971 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1972 - SIBLEY | By order dated 28 October 1971, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California
suspended Appellant's seaman's documents for 3 months outright plus
5 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Bosun/AB on board the SS CHICAGO under authority of
the document above captioned, while the vessel was at sea,
Appellant:
(1) On 12 August 1970, wrongfully continued disobedience to
a lawful order;
(2) On 13 and 14 August 1970, wrongfully failed to perform
his duties due to intoxication and disobedience of a lawful
order; and
(3) On 15, 16, and 17 August 1970, wrongfully failed to perform his duties and disobeyed a lawful order.
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 photostatic
copies of certain pages of the Official Logbook of the vessel.
In defense, Appellant offered in evidence his own testimony.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and the above
specifications had been proved. He then entered an order
suspending all documents, issued to Appellant, for a period of 3
months outright plus 5 months on 12 month's probation.
The entire decision was served on 3 November 1971. Appeal was
timely filed on 2 June 1972. | Appeal No. 1972 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1973 - CRUZ | By order dated 28 June 1972, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an Oiler-Maintenance-Utility on board the SS
DELTA MEXICO under authority of the documents above described, on
or about 15 May 1972, Appellant did wrongfully assault and batter
the Third Assistant Engineer.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Ship's Log and other documentary
evidence.
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 by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months outright.
The entire decision was served on 8 December 1972. Appeal was
timely filed on 26 December 1972. | Appeal No. 1973 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1974 - VALS | By order dated 1 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York, 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 Master on board M/V F.
L. HAYES under authority of the document and license above
described, from at or about 2350, 20 March 1972, to at or about
0310, 21 March 1972, Appellant allowed himself to be relieved as
pilot of the vessel by a person, one Francis A. Burn, Jr., not
properly licensed for that responsibility thus contributing to the
subsequent grounding of the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced no evidence. In defense, Appellant stated that the relieving officer had a
third mate's license and a stipulation was made by counsel and the
Investigating Officer that this person had a sufficient number of
trips to quality to sit for an additional pilot's endorsement for
certain waters.
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 by plea. The Administrative Law
Judge then entered an order suspending all documents issued to
Appellant for a period of six months on 12 months' probation.
The entire decision was served on 11 May 1972. Appeal was
timely filed. | Appeal No. 1974 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1975 - GRADDICK | By order dated 16 June 1972, 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 specification found proved alleges that while
serving as Utility Messman on board the SS STEEL NAVIGATOR under
authority of the document above described, on or about 24 April
1972, Appellant wrongfully assaulted and battered the Utility
Messman Camilo Rojas by striking and cutting him on the hand with
a knife.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of the SS STEEL NAVIGATOR and the testimony of several
witnesses.
In defense, Appellant offered in evidence his own testimony and sworn statements of 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 had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant.
The entire decision was served on 30 June 1972. Appeal was
timely filed on 3 July 1972. | Appeal No. 1975 | Suspension and Revocation Appeals Authority | 7/10/1973 | 7/10/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1976 - LUNDBORG | By order dated 6 June 1969, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for six months outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as an A. B. on board the SS CITY OF ALMA under
authority of the document above described, on or about 24 March
1969, Appellant did wrongfully assault and batter a crewmember,
Wallace G. Perry.
The hearing was held in absentia. A plea of not guilty to the
charge and specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and Official Log, and a Consular Report.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and specification had been proved. The Administrative Law Judge then
entered an order suspending all documents issued to Appellant for
a period of six months outright.
The entire decision was served on 17 January 1973. Appeal was
timely filed on 12 February 1973. | Appeal No. 1976 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1977 - HARMER | By order dated 26 October 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an Ocean Operator on
board the M/B REDONDO SPECIAL under authority of the license above
described, on or about 18 September 1972, Appellant did wrongfully
conduct himself in a manner unbecoming an Operator by discharging
a dangerous weapon, a rifle, without warning, thereby frightening
passengers aboard said vessel while the vessel was at sea.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. The Administrative Law
Judge then entered an order admonishing Appellant.The entire decision was served on 13 November 1972. Appeal
was timely filed on 6 December 1972. | Appeal No. 1977 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1978 - DAVIS | By order dated 3 October 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Night Mate on board
the SS FORT WORTH under authority of the license above described,
on or about 30 September 1972, Appellant wrongfully failed to
properly supervise the cargo loading operation on said vessel
thereby allowing gasoline to overflow and pollute the navigable
waters of the United States at Norco, Louisiana.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of guilty to the charge and specification.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved by plea. The Administrative Law Judge then entered an order suspending all documents issued to
Appellant for a period of three months outright.
The entire decision was served on 16 October 1979. Appeal was
timely filed on 12 October 1972 | Appeal No. 1978 | Suspension and Revocation Appeals Authority | 7/12/1973 | 7/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1979 - NEVES | By order dated 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at San Diego, California, suspended
Appellant's seaman's documents for six months on 12 months'
probation upon finding him guilty of the charge of violation of a
statute [46 U.S.C. 224a]. the specification found proved alleges
that while serving as Master on board Fishing Vessel CONSTITUTION
under authority of the license above captioned, from or on about 25
June 1972 to on or about 11 July 1972, Appellant did willfully
employ or engage to perform duties of mate on board the
CONSTITUTION, a fishing vessel of over 200 gross tons, a person or
persons not licensed to perform such duties in violation of 46
U.S.C. 224a (R.S. 4438a) for a fishing voyage on the high seas
which began and terminated at San Diego, California.
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 voyage
records of CONSTITUTION.
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 and then entered an order
suspending all documents issued to Appellant for a period of six
months on 12 months' probation.
The entire decision was served on 2 August 1972. Appeal was
timely filed. | Appeal No. 1979 | Suspension and Revocation Appeals Authority | 7/26/1973 | 7/26/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1950 - JOHNSON | By order dated 28 February 1972, an Administrative Law Judge
of the United States Coast Guard at Long Beach, California revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug violation." The
specification found proved alleges that on or about 10 January
1972, Appellant was convicted for violation of a narcotic drug law,
to wit, importing into the U.S. hashish in violation of 21 U.S.C.
960(a)(1), 952(a).
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 record of
conviction by Federal District Court for the Central District of
California.
In defense, Appellant offered in evidence his own testimony. At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
served a written order on Appellant revoking all documents issued
to him.
The entire decision was served on 29 February 1972. Appeal
was timely filed on 14 March 1972. | Appeal No. 1950 | Suspension and Revocation Appeals Authority | 6/19/1973 | 6/19/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1951 - GUTZMER | By order dated 26 February 1970, 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 and incompetence. The specifications found proved
allege that while serving as a Galleyman on board the SS PARISMINA
under authority of the document above captioned, on or about 13
September 1968, while said vessel was at Cam Rahn Bay, R. V. N.,
Appellant:
(1) did wrongfully assault a fellow crewman with a dangerous
weapon, to wit, he approached the Steward's Utilityman in a
passageway aboard said ship with a knife in his hand threatening to
use said knife upon him (misconduct);
(2) did wrongfully threaten such fellow crewmember aboard
said vessel, to wit, he threatened to cut him with a knife and kill
him (misconduct); (3) did wrongfully refuse to obey the order of the Master to
go to his room (misconduct);
(4) did assault a fellow crewmember aboard said vessel with
a dangerous weapon, thereby demonstrating a propensity to endanger
fellow crewmembers, rendering him incompetent to serve on U.S.
merchant vessels (incompetence);
and that while serving as a Messman on board the SS AMERICAN
RELIANCE under authority of the document above captioned, on or
about 22 December 1968, while said vessel was at Saigon, R. V. N.,
Appellant:
(5) did wrongfully assault and batter a fellow crewmember
with a dangerous weapon, to wit, he assaulted and struck Alan R.
Foshee with a dogging wrench on board said vessel (misconduct); and
(6) did assault and batter a fellow crewmember with a
dangerous weapon aboard said vessel, thereby demonstrating a
propensity to endanger fellow crewmembers, rendering him
incompetent to serve on U. S. Merchant vessels.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and
specifications, with the exception of (3) and (5) above to which he
pleaded guilty. | Appeal No. 1951 | Suspension and Revocation Appeals Authority | 6/18/1973 | 6/18/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1952 - AXEL | By order dated 3 August 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for one month on six months
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a Wiper on board the SS
STEEL MAKER under authority of the document above described, on or
about 29 May 1972, Appellant assaulted the Chief Engineer with a
chair.
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 excerpts from
the shipping articles and the official ship's log and the testimony
of the Chief Engineer and the Third Mate. In defense, Appellant offered in evidence copies of medical
reports and the testimony of the Saloon Messman and himself.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and one specification had been proved. He then served a written
order on Appellant suspending all documents issued to him for a
period of one month on six months' probation.
The entire decision was served on 15 August 1972. Appeal was
timely filed on 21 August 1972. | Appeal No. 1952 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1953 - GRIFFIN | By order dated 9 June 1972, an Administrative Law Judge of the
United States Coast Guard at Jacksonville, Florida revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an Able Bodied Seaman on board the SS AMOCO VIRGINIA
under authority of the document above captioned, on or about 7 June
1972 Appellant did assault and batter with a fireaxe handle
crewmember Thomas R. Casey.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the shipping articles and official ship's log, a medical bill and
the testimony of Third Mate, James Pennino, and Thomas R. Casey. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order revoking
all documents, issued to Appellant.
The entire decision was served on 5 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1953 | Suspension and Revocation Appeals Authority | 6/21/1973 | 6/21/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1954 - STOCKSTILL | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1.
By order dated 29 June 1972, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 28 October 1970, Appellant
was convicted by the 16th Judicial District Court of the State of
Louisiana, a Court of Record, for violation of the narcotics drug
laws of the State of Louisiana.
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 excerpts from
the record of the 16th Judicial Court of Louisiana and evidence of
a pardon granted Appellant by the Governor of Louisiana.
In defense, Appellant offered in evidence his own testimony,
seven letters attesting to his good conduct, and testimony of two
friends, his father and his wife.
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. He then entered an order
revoking all documents issued to Appellant.
The entire decision was served on 18 July 1972. Appeal was
timely filed on 18 July 1972. | Appeal No. 1954 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1955 - MILLS | By 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. 1955 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1956 - HANSON | By order dated 17 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, N. Y. suspended
Appellant's seaman's documents for 3 months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved below alleges that while serving as the Person in Charge on
board the tank barge B. NO. 110 under authority of the document
above captioned, on or about 21 April 1971, Appellant negligently
failed to perform his duties by allowing cargo transfer operations
to take place without giving his immediate supervision to an
unqualified person, while he was in the cabin of the barge reading
a book.
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 a certified copy of the certificate of inspection of the tank barge B. NO. 110,
an amendment to the certificate of inspection, and the testimony of
a Coast Guard boarding officer.
In defense, Appellant offered in evidence his own testimony
and that of one witness.
The Administrative Law Judge rendered a written decision in
which he amended the charge and specification and concluded that
the charge and specification was proved. He then served a written
order on Appellant suspending all documents, issued to him, for a
period of 3 months on 12 months' probation. | Appeal No. 1956 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1957 - DIAZ | By order dated 6 March 1972, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotics drug law violation." The specification
found proved alleges that Appellant was convicted of violation of
the narcotic drug laws of the United States by the United States
District Court for the Southern District of New York, a court of
record.
The hearing was held in absentia. A plea of not guilty to the
charge and specification was entered on behalf of Appellant.
The Investigating Officer introduced in evidence the record of
conviction.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all document issued to Appellant.
The entire decision was served on 1 July 1972. Appeal was
timely filed on 10 July 1972. | Appeal No. 1957 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1958 - NORTON | By 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. 1958 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1959 - HOGAN | By order dated 30 October 1972, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for a narcotic drug law violation." The
specification found proved alleges that on 6 April 1970, Appellant
was convicted in Superior Court of the State of California of
violation of the narcotic drug law of the State of California.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduce in evidence a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation. At the end of the hearing, the Administrative Law Judge
rendered on oral decision in which he concluded that the charge and
specification had been proved by plea. He then entered an order
revoking all documents issued to Appellant. | Appeal No. 1959 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1960 - SEEHORN | By 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. 1960 | Suspension and Revocation Appeals Authority | 6/28/1973 | 6/28/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1961 - KELLEY | By order dated 5 September 1972, an Administrative Law Judge
of the United States Coast Guard at Portland, Maine suspended
Appellant's seaman's documents for one month on nine months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the M/V
ETHEL TIBBETTS under authority of the license above described,
between 8 and 10 January 1972, Appellant did wrongfully navigate
said vessel on a voyage from Portland to Jonesport, Maine while
manned in violation of 46 CFR 31.15 and 46 U.S.C. 222-223, to wit,
one licensed engineering officer and one licensed mate less than
required by the vessel's Certificate of Inspection.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence two charts,
a copy of the vessel's Certificate of Inspection and the testimony
of the Officer in Charge of Marine Inspection, Portland, Maine.
In defense, Appellant offered in evidence his own and the
testimony of the General Manager of the vessel owner.
After the hearing, the Administrative Law Judge rendered a
decision in which he concluded that the charge and specification
had been proved. He then entered an order suspending all documents
issued to Appellant for a period of one month on nine months'
probation.
The entire decision was served on 7 September 1972. Appeal
was timely filed on 12 September 1972 and perfected on 2 March
1973. | Appeal No. 1961 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1963 - POTTS | By order dated 12 January 1973. an Administrative Law Judge of
the United States Coast Guard at Long Beach, 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 an A. B. on board the SS
WESTERN COMET under authority of the document above captioned, on
or about 18 December 1971, Appellant failed to join the vessel on
her sailing from Augusta, Sicily.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the Official Ship's Log.
In defense, Appellant offered in evidence his own testimony
and was give a continuance to produce certain medical records, however, he failed to appear on the continuance date.
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 three months on six months' probation.
The entire decision was served on 18 January 1973. Appeal was
timely filed on 25 January 1973. | Appeal No. 1963 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1964 - COLON | By order dated 7 September 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months outright plus four
months on 12 months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Deck Engine Mechanic on board the SS PONCE de LEON
under authority of the document above described, on or about 23
February 1972, Appellant did wrongfully engage in mutual combat
with a member of the crew, William Meakens.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence testimony of
the Third Assistant Engineer, Cristobal Jaquez. in defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then served a written order on Appellant suspending all documents
issued to him for a period of two months outright plus four months
on 12 months' probation.
The entire decision was served on 18 September 1972. Appeal
was timely filed on 16 September 1972. | Appeal No. 1964 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1965 - BATISTA | By order dated 3 May 1972, an Administrative Law Judge of the
United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for three months outright plus six
months on 18 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Ordinary Seaman on board the SS MORMACARCO under
authority of the document above captioned, Appellant:
(1) did, on 23 July 1971, while said vessel was at sea,
wrongfully assault and batter with a dangerous weapon, to wit, a
knife, a member of the crew, Kenneth Smith;
(2) did, on 23 July 1971, wrongfully verbally threaten a
fellow crew member, Mr. Smith, with death; and
(3) did, on 31 July 1971, while said vessel was at sea,
wrongfully fail to perform his assigned duties due to intoxication. 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 Bos'n Kenneth A. Smith, excerpts from the shipping articles and
officials ship's log and a sketch of the Bos'n's Room.
In defense, Appellant offered in evidence the testimony of
Appellant, excerpts from the official ship's log and medical log
and the deposition of Wilton Thompsett.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and three specifications had been proved. The Administrative Law
Judge then entered an order suspending all documents, issued to
Appellant, for a period of three months outright plus six months on
18 months' probation. | Appeal No. 1965 | Suspension and Revocation Appeals Authority | 6/29/1973 | 6/29/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2268 - HANKINS | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 2 September 1980, an Administrative Law judge
of the United States Coast Guard at Houston, Texas, suspended
Appellant's license for two months, and further suspended his
documents for three months on twelve months' probation, upon
finding him guilty of negligence. The specifications found proved
alleged that while serving as Operator onboard the tug DOMAR
CAPTAIN under authority of the license above captioned, on or about
21 June 1980, Appellant failed to insure that the barge DOMAR 118
was properly secured for sea, and on or about 21-27 June 1980,
failed to adequately check the DOMAR 118 while he had it on a 1500
to 1800 foot tow. The specifications allege that both failures
contributed to the sinking of the DOMAR 118 and subsequent oil
pollution into the navigable waters of the United States on 27 June
1980.
The hearing was held at Tampa, Florida, on 4 August 1980.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and each specification. | Appeal No. 2268 | Suspension and Revocation Appeals Authority | 12/3/1981 | 12/3/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2269 - WIJNGAARDE | This appeal has been taken in accordance with Title 46 U. S.
C. 239(g) and 46 CFR 5.30-1.
By order dated 8 January 1981, an Administrative Law Judge of
the United States Coast Guard at New York, New York, revoked
Appellant's seaman's document upon finding him guilty of the charge
of misconduct. The two specifications found proved alleged that
"while serving as electrician on board the AUSTRAL ENVOY, on 10
December 1979, while the vessel was in the port of Melbourne,
Australia, he wrongfully failed to perform his assigned duties
between the hours of 1045-1200, and 1300-1700."
The hearing was held at New York, New York, on 4 December
1980.
The Appellant was present at the hearing and was represented
by professional counsel. He entered a plea of not guilty to the
charge and each specification.
The Investigating Officer introduced in evidence two
documents.
Appellant introduced in evidence his own testimony.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and two specifications had been proved. He then entered an order
of suspension for one month and an additional five months on twelve months' probation. | Appeal No. 2269 | Suspension and Revocation Appeals Authority | 12/16/1981 | 12/16/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2270 - HEBERT | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order date 12 February 1981, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for two months, plus two months on
four months' probation, upon finding him guilty of negligence. The
specifications found proved alleged that (1) while serving as
operator on board the United States M/V CAPT. JOHN under authority
of the documents above captioned, on or about 1900 hours 10
December, 1979, Appellant failed to navigate said vessel with
caution by not providing an adequate lookout when his vessel's
visibility was restricted by the barge it was pushing, contributing
to a collision, (2) while serving as aforesaid, fail to navigate
said vessel with caution by not keeping to that side of the
midchannel which was on the starboard side of said vessel,
contributing to a collision, and (3) while serving as aforesaid
fail to sound the appropriate whistle signals, all while navigating
on the Neches River, Texas, in the general vicinity of Port Neches
Park and Jefferson Chemical Company Docks.
The hearing was held at Port Arthur, Texas, on 7 October 1980,
29 October 1980, 13 November 1980 and 26 November 1980.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to each charge and
specification. | Appeal No. 2270 | Suspension and Revocation Appeals Authority | 1/19/1982 | 1/19/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2271 - HAMILTON | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 12 February 1981, an Administrative Law Judge
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 in part alleged that
while serving as Chief Cook on board SS TEXACO MARYLAND under
authority of the document above captioned, on or about November 24,
1979, Appellant, while said vessel was proceeding to anchorage in
New York Harbor, did wrongfully assault and batter with a
potentially dangerous weapon, to wit: a stateroom metal trashcan,
a member of the crew, Robert M. Jannah (also known as Robert I.
Muhammed).
The hearing was held at Corpus Christi, Texas, on 20 January
1981.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification. | Appeal No. 2271 | Suspension and Revocation Appeals Authority | 3/2/1982 | 3/2/1982 | | 12/21/2017 |