| Suspension and Revocation Appeals Authority | 2264 - MCKNIGHT | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 11 December 1980, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's Operator's License for two months on nine months'
probation, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Operator
on board the Tug Holly under authority of the license above
captioned, on or about 8 March 1980, Appellant negligently absented
himself from the wheelhouse of the said vessel, leaving the
responsibilities of navigation of the said vessel and its tow to an
unlicensed deckhand, Woodard Willis, thereby contributing to the
said vessel's collision with the N.C. Highway #58 Bridge across the
Atlantic Intracoastal Waterway at approximately Mile 225.9.
The hearing was held at Wilmington, North Carolina, on 28
August 1980.
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. 2264 | Suspension and Revocation Appeals Authority | 9/8/1981 | 9/8/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2265 - CAREY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 5.30-1.
By order dated 30 April 1980, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's merchant mariner's document and all other valid Coast
Guard documents for three (3) months on six (6) months' probation,
upon finding him guilty of wrongful failure to join his vessel.
The specification found proved alleges that while serving as able
bodied seaman aboard SS BEAVER STATE under authority of the
document above captioned, on 24 November 1978, Appellant wrongfully
failed to join his vessel off Labuan, Malaysia.
The hearings were held at Long Beach, California, on 11
December 1979, and 8 January, 20 March and 11 April 1980.
At the hearings on 11 December 1979 and 11 April 1980,
Appellant appeared pro se, having been advised of his right
to be represented by counsel of his choice and having waived this
right at the hearing on 11 December 1979. At the hearing on 8
January 1980, the disposition of John Manning was taken on behalf
of Appellant without Appellant or counsel present. At the brief
hearing on 20 March 1980, the proceedings were continued, at
Appellant's prior request, to 11 April 1980. At the hearing on 11
December 1979, Appellant had entered a plea of not guilty to the
charge and both specifications. | Appeal No. 2265 | Suspension and Revocation Appeals Authority | 9/10/1981 | 9/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2266 - BRENNER | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 5 January 1981, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's License for a period of one month and further suspended
it for two months on probation for two months, upon finding him
guilty of negligence. The specification found proved alleged that
Appellant, while serving as Operator aboard the Tug FORT McHENRY,
under the authority of the captioned document, did at about 0625 on
or about 5 December 1980, in the James River in the state of
Virginia, at or near the city of Richmond, fail to safely navigate
said vessel in such a manner as to preclude the barge she was
pushing from grounding on the edge of the channel.
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 into evidence the
testimony of five witnesses and four documents, one being a video
tape recording of the vessels during the period in question. | Appeal No. 2266 | Suspension and Revocation Appeals Authority | 10/13/1981 | 10/13/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2267 - ERVAST | This appeal had been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 2 June 1980, an Administrative Law Judge of the
United States Coast Guard at Seattle, Washington, revoked
Appellant's captioned license upon finding him guilty of negligence
and incompetence. The specifications found proved allege that
while serving as Third Mate on board SS PIONEER COMMANDER under
authority of the license above captioned Appellant was negligent:
(1) on 11 January 1980, during his 0800 1200 watch, by failure to
fix the vessel's position, while transiting the San Bernadina
Straits, R.P.; (2) on 11 January 1980, during his 2000 to 2400
watch, by failure to fix the vessel's position while transiting the
Sibuyan Sea, R.P.; (3) on 24 January 1980, during his 2000 to 2400
watch, by failure to locate the navigation light control panel in
order to secure the anchor lights and energize the navigation
lights; (4) on 31 January 1980, during his 0800 to 1200 watch, by
failure to fix the vessel's position while navigating from Pusan to
Chin Hae, Korea; (5) on 31 January 1980, during his 0800 tp 1200
watch, by failure to take anchor bearings to fix the vessel's
position after anchoring at Chin Hae, Korea; (6) on 3 February
1980, during his 2000 to 2400 watch, by failure to accurately fix
said vessel's position while transiting Osumi Kaykyo (Van Dieman Strait, Japan); (7) on 15 February 1980, by plotting said vessel's
position at 1912 about 15 miles from its true position, while said
vessel was in Pearl Harbor Channel, and (8) on 15 February 1980 by
plotting an incorrect 2400 dead reckoning position for the vessel;
and was incompetent by his acts and omissions, while standing deck
watches on a foreign voyage, which demonstrated that he did not
possess and exercise the professional skills of an ordinary,
prudent, licensed third mate from 11 January to 15 February 1980. | Appeal No. 2267 | Suspension and Revocation Appeals Authority | 11/12/1981 | 11/12/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2209 - SIEGELMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 August 1979, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, after a
hearing at New Orleans, Louisiana, on 16 July 1979, suspended
Appellant's document for a period of four months upon finding him
guilty of misconduct. The single specification of the charge of
misconduct found proved alleges that Appellant, while serving as
able seaman aboard SS AUSTRAL ENDURANCE, under authority of his
Merchant Mariner's Document did, at or about 1210 on 1 July 1979,
while said vessel was at sea, wrongfully commit an assault and
battery without legal cause, provocation, or justification upon the
person of one Phillip MOULIC, causing serious and severe bodily
harm to him.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and two documents.
In defense Appellant testified and introduced into evidence
two documents. | Appeal No. 2209 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2210 - HARRIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 February 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after a hearing at
Galveston, Texas, after a hearing at Galveston, Texas, on 10
January 1979, suspended the captioned documents for a period of one
month on probation for a period of six months upon finding
Appellant guilty of misconduct. The single specification of the
charge of misconduct found proved alleges that Appellant, while
serving as Master aboard BERING SEAL, under authority of the
captioned documents, did, from on or about 1 December to 22
December 1978, wrongfully operate the vessel without the complement
of crew required by the vessel's Certificate of Inspection, in that
he did not have the required number of able seamen aboard.
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 into evidence the
testimony of two witnesses and four documents.
In defense, Appellant introduced into evidence the testimony
of a witness and testified in his own behalf. | Appeal No. 2210 | Suspension and Revocation Appeals Authority | 5/20/1980 | 5/20/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2211 - DUNCAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 September 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, suspended
Appellant's license for two months on nine months' probation, upon
finding him guilty of negligence. The specification found proved
alleged that while serving as operator on board the tug KATHRYNE E.
MCALLISTER, under authority of the license above captioned, at or
about 0100, 28 November 1978, Appellant failed to navigate said
vessel and its tow, the tank barge CIBRO PHILADELPHIA, with due
caution, resulting in the grounding of CIBRO PHILADELPHIA on Mill
Rock, East River, N.Y., and the subsequent discharge of 942 barrels
of #2 oil into the East River.
The hearing was held at New York, New York, in four sessions
during March and April, 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2211 | Suspension and Revocation Appeals Authority | 5/22/1980 | 5/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2212 - LAWSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 August 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for six months outright, plus a
further suspension for six months on twelve months probation, upon
finding him guilty of misconduct. The specification alleged that
while serving as Ordinary Seaman on board SS AMERICAN LIBERTY under
authority of the document above captioned, on or about 29 March
1979, Appellant did wrongfully assault and batter a member of the
crew, Luis A. Lopez, Z-819 077. The lesser included offense of
wrongfully engaging in mutual combat with a member of the crew was
found proved.
The hearing was held at New York, after a change of venue from
Savannah, Georgia, on 4, 6, and 25 April 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2212 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2213 - RAINES | This appeal has ben taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 February 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, after a
hearing at Philadelphia, Pennsylvania, on 12 February 1979, revoked
Appellant's document upon finding him guilty of misconduct. The
single specification of misconduct found proved alleges that
Appellant, while serving as wiper aboard SS SAN ANTONIO, under
authority of the captioned document, did, on 6 September 1977,
while said vessel was at sea, wrongfully assault and batter with
his fists a member of the crew, Harold C. Wolfe.
At the hearing, Appellant represented himself. Appellant
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced into evidence two
documents, including a copy of four pages of the official logbook
of SS SAN ANTONIO.
In defense, Appellant introduced into evidence two
certificates of discharge from vessels on which Appellant sailed
subsequent to his discharge from SS SAN ANTONIO.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and specification as alleged had been proved. He then entered an order of revocation.
The decision was served on 3 March 1979. Appeal was timely
filed on 28 March 1979. | Appeal No. 2213 | Suspension and Revocation Appeals Authority | 5/23/1980 | 5/23/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2214 - CHRISTENSEN | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 March 1978, an Administrative Law Judge of
the United States Coast Guard after a hearing on 10 January 1978 at
Portland, Maine, suspended Appellant's license for a period of one
(1) month on probation for twelve (12) months upon finding him
guilty of negligence. The first specification of negligence found
proved alleged that while serving as operator aboard M/V BOBBIE
under the authority of his license, Appellant did, on 14 December
1977 while said vessel was navigating Merchant Row, near Deer
Island, Maine, in conditions of fog and restricted visibility, fail
to obtain or properly use information available to determine the
precise location of the vessel, causing the vessel to ground. The
second specification of negligence found proved alleged that while
serving as above Appellant failed to properly post a lookout,
contributing to the vessel's grounding.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
both specifications.
The Investigating Officer introduced into evidence the
testimony of two witnesses and two documents.
In defense, Appellant introduced into evidence his own
testimony and one document. | Appeal No. 2214 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2216 - SORENSEN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 26 April 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as pilot on board the SS
CHANCELLORSVILLE under authority of the captioned documents, on or
about 9 December 1978, Appellant failed to navigate with caution in
the vicinity of Courthouse Point, Maryland, thereby resulting in
said vessel running around.
The hearing was held at Baltimore, Maryland, on 24, 25
January, and 8, 14 and 15 February 1979.
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 two witnesses and five documents. | Appeal No. 2216 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2217 - QUINN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 17 December 1979, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for 6 months on 12 month's probation,
upon finding him guilty of misconduct and negligence. The
specification of negligence found proved alleges that while serving
as operator on board the M/V PANTHER under authority of the license
above captioned, on or about 25 April 1979, Appellant did, while
said vessel was navigating on the Intercoastal Waterway at
Hillsboro Inlet, Florida, fail to safely navigate said vessel in
such a manner as to preclude the barges she was pushing from
colliding with the Helen S. Marina, the F/V HELEN S, and various
other vessels moored at the Helen S. Marina. The specification of
misconduct found proved alleges that while serving as operator of
the M/V PANTHER, Appellant did, on or about 24 April 1979
wrongfully operate the M/V PANTHER as master of said vessel without
having endorsed the vessel's Certificate of Registry as required by
46 U.S.C. 40.
The hearing was held at Miami, Florida, on 10 and 11 July
1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and each
specification. | Appeal No. 2217 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2218 - LASKI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 April 1979, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, admonished
Appellant upon finding him guilty of negligence. The specification
found proved alleged that while serving as Master on board SS
TRANSINDIANA under authority of the license above captioned, on 11
October 1978, Appellant wrongfully failed to navigate with due
caution as the burdened vessel by failing to keep out of the way of
SS ROBERT E. LEE in a crossing situation, in violation of Rules 15
and 16 of the International Rules of the Road.
The hearing was held at Norfolk, Virginia, on 6 February 1979.
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 three
exhibits and the testimony of one witness. | Appeal No. 2218 | Suspension and Revocation Appeals Authority | 6/4/1980 | 6/4/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2219 - BUFORD | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 June 1978, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, suspended
Appellant's seaman's documents for two months, plus three months on
six months' probation, upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief Cook
on board SS MERRIMAC under authority of the seaman's document above
captioned, on or about 30 April 1978, Appellant wrongfully
assaulted and battered a member of the crew by throwing hot soup
upon him, causing the crewmember to suffer an injury.
The hearing was held at Galveston, Texas, on 2 June 1978.
The hearing was held in absentia when the Appellant
did not show up at the time and place of the hearing. A plea of
not guilty to the charge and specification was entered on his
behalf.
The Investigating Officer introduced in evidence the following
pieces of documentary evidence: (a) Affidavit of Service and Recitation of Rights, (b) Certification of Shipping Articles, (c)
certified photocopy of page 39 of the Official Log of the SS
MERRIMAC of April 30, 1978, (d) signed statement of Ricky Carter,
(e) signed statement of Clinton Cleveland, (f) signed statement of
Juan Oguendo, and (g) signed statement of Bert Winfield. The
Investigating Officer did not introduce any live witnesses. | Appeal No. 2219 | Suspension and Revocation Appeals Authority | 6/16/1980 | 6/16/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2220 - LAMBERT | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 August 1979, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, after a
hearing at Baltimore, Maryland, on 8, 24, and 25 May 1979, ordered
Appellant admonished upon finding him guilty of misconduct. The
single specification of the charge of misconduct found proved
alleges that Appellant, while serving as operator aboard tug
NANTICOKE, under authority of the captioned documents, did, on 15
February 1979, while said vessel was under his command, knowingly
transit the Nanticoke River with the barge DEBORAH from Seaford,
Delaware, to Nanticoke River Buoy No. 4 (LLP 410), in violation of
U.S. Coast Guard Captain of the Port of Baltimore order NR 05-79,
during the hours of darkness, and without sufficient horsepower.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2220 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2221 - CERCY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 September 1978, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's license for three months, plus three months
on twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as
operator on board Motor Vessel TIGER STAR under authority of the
license above captioned, on 4 August 1978, Appellant negligently
fell asleep at the wheel, thereby contributing to a collision
between TIGER STAR and a fixed platform. A second charge of
misconduct was withdrawn at the outset of the proceeding.
The hearing was held at New Orleans on 15, 22 and 29 August,
and 8 September 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty of the charge and
specification. | Appeal No. 2221 | Suspension and Revocation Appeals Authority | 6/12/1980 | 6/12/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2222 - FIOCCA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 9 October 1979, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for four months, plus four months on
twelve months' probation, upon finding him guilty of misconduct and
negligence. The six specifications of misconduct found proved
allege that while serving as Boatswain on board SS MORMACWAVE under
authority of the document above captioned, Appellant: (1) on or
about 11 January 1979, failed to perform his duties; (2) on 12
January 1979, failed to perform his regularly assigned duties by
being absent from the vessel from 0800 to 1200 and from 1300 to
1700 without sufficient cause; (3) on 22 January 1979, failed to
perform his duties in that he was absent from the vessel 0830 to
1200 and from 1300 to 1700 without proper permission; (4) on 23
January 1979, failed to perform his regularly assigned duties from
0800 to 1200 and from 1300 to 1700 without proper permission; (5)
on 24 January 1979, failed to obey a lawful order in that when
asked by the Master if he would obey orders, he indicated to the
master that he would not obey orders; and (6) on 24 January 1979,
failed to obey a lawful order of the Chief Mate in that when
ordered to appear before the Master to have a log entry read to
him, he refused and sent the Chief Mate a note which said, "Drop
Dead. the X Bosin." | Appeal No. 2222 | Suspension and Revocation Appeals Authority | 7/21/1980 | 7/21/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2223 - HEWITT | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 4 September 1979, an Administrative Law Judge
of the United States Coast Guard at Baltimore, Maryland, suspended
Appellant's documents for three months, on twelve months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that while acting under
authority of the license above captioned, on or about 8 May 1979,
Appellant wrongfully and fraudulently executed a false application
for a raise in grade of his licensed to Master by certifying that
he had not made application for a license and been rejected within
twelve months. A second specification concerning an unfair
practice allegedly occurring on 26 April 1979 in New York was
dismissed.
The hearing was held at Baltimore on 12 June 1979.
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 six
documents.
In defense, Appellant offered in evidence three documents. | Appeal No. 2223 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2224 - HUGHES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1
By order dated 14 November 1979, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's documents outright for three months, plus
three additional months for violation of probation imposed in a
prior proceeding, upon finding him guilty of negligence. The
specifications found proved alleged that while serving as Pilot on
board the M/V CHIGUSA MARU under authority of the license above
captioned, on or about 6 July 1979, while said vessel was enroute
from San Francisco Bay to Pittsburgh, California, Appellant: (1)
failed to maintain control of said vessel, resulting in its
grounding; and (2) failed to maintain control of said vessel,
resulting in a collision with and destruction of an established
U.S. aid to navigation.
The hearing was held at San Francisco on 27 September and 3,
4, 5, and 31 October 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and specifications. | Appeal No. 2224 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2225 - LAWRENCE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 16 March 1979, an Administrative Law Judge of
the United States Coast Guard at Jacksonville, Florida , after a
hearing at Cleveland, Ohio, on 14 February 1979, admonished
Appellant upon finding him guilty of misconduct. The single
specification of the charge of misconduct found proved alleges that
Appellant, while serving as Master aboard M/V SAM LAUD, under
authority of the captioned documents, did, on or about 14 January
1979, while said vessel was in the port of Cleveland, Ohio,
wrongfully fail to give notice of a marine casualty involving his
vessel to the nearest Marine Inspection Office of the Coast Guard,
to wit, Marine Safety Office, Cleveland, Ohio.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The investigation Officer introduced into evidence the
testimony of two witnesses and five documents. | Appeal No. 2225 | Suspension and Revocation Appeals Authority | 7/24/1980 | 7/24/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2226 - DAVIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 6 December 1979, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, admonished
Appellant upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Second Mate on board the
SS DELTA NORTE under authority of the document and license above
captioned, on or about 6 August 1979, Appellant wilfully disobeyed
a lawful order given him by the Chief Mate; to wit, he failed to
complete stripping the vessel's logbook before going ashore.
The hearing was held at New Orleans, Louisiana, on 3 October
1979, 7 November 1979, and 6 December 1979.
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 Chief Mate of the SS DELTA NORTE and two pieces of
documentary evidence: (a) certified extract from Shipping Articles
of SS DELTA NORTE (10 ex 2), (b) a copy of logbook entry of SS
DELTA NORTE (10 ex 4).
In defense, Appellant offered in evidence his own testimony
and a letter from Baker-Lyman Co., Inc. dated 15 October 1979. | Appeal No. 2226 | Suspension and Revocation Appeals Authority | 7/29/1980 | 7/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2227 - MANDLY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 5 December 1979, an Administrative Law Judge of
the United Stated Coast Guard at New York, New York, suspended
Appellant's license for 3 months on 12 months' probation, upon
finding him guilty of negligence. The specifications found proved
allege that while serving as Chief Officer on board the SS AUSTRAL
ENDURANCE under authority of the license above captioned, on or
about 13 June 1978, Appellant failed to properly supervise
maintenance work being performed on the starboard lifeboat gear and
that this failure to supervise led to an injury being suffered by
Cadet Edward Coll.
The hearing was held at New York, New York, on 15 June and 16,
23 and 24 July 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2227 | Suspension and Revocation Appeals Authority | 7/30/1980 | 7/30/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2228 - DAVIS | This appeal has been taken in accordance with title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 23 August 1979, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 23 May and 2 August 1979,
revoked the captioned document upon finding Appellant guilty of
misconduct. The two specifications of the charge of misconduct
found proved allege (1) that Appellant, while serving as able
seaman aboard SS OVERSEAS ULLA, under authority of the above
captioned document, did, on or about 15 May 1979, while said vessel
was at sea, wrongfully assault and batter by beating with his fists
a member of the crew, Lennie C. Jones; and (2) that Appellant,
while serving as aforesaid, did on or about 15 May 1979, wrongfully
assault with a dangerous weapon, to wit, a pair of pliers, a member
of the crew, Lennie C. Jones.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence four
documents and one deposition.
Subsequent to the hearing, the Administrative Law Judge
entered a written decision in which he concluded that the charge
and both specifications as alleged had been proved. He then entered an order of revocation. | Appeal No. 2228 | Suspension and Revocation Appeals Authority | 8/13/1980 | 8/13/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2229 - KELLEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 10 November 1977, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's license for six months upon finding him
guilty of negligence. The specification found proved allege that
while serving as master on board the United States M/V VINCENT
TIBBETTS, under authority of the license above captioned, on or
about 10 August 1977, Appellant:
(1) failed properly to navigate the vessel between Long
Island and Portland Harbor, Maine, with a resultant
grounding of the vessel on Cow Island;
(2) did "fail to notify U.S. Coast Guard Personnel about
the grounding on Cow Island on or about 10 August 1977",
and
(3) failed to maintain a proper-lookout.
The hearing was held at Portland, Maine, on 17 August 1977. | Appeal No. 2229 | Suspension and Revocation Appeals Authority | 8/18/1980 | 8/18/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2230 - SOLLINE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 September 1979, an Administrative Law Judge
of the United States Coast Guard at Long Bach, California,
suspended Appellant's documents for two months, on six months'
probation, upon finding him guilty of misconduct. The
specification found proved alleged that, while serving as First
Assistant Engineer on board the SS KEYSTONE CANYOU under authority
of the captioned documents on or about 23 August 1979, Appellant
wrongfully engaged in mutual combat with crewmember Clarence
Crocker by strikining him with his fists and shoving him, while the
vessel was at sea.
The hearing was held at Long Beach, California, on 30 August
and 13 September 1979.
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 into evidence three exhibits and the testimony of one witness.
In defense, Appellant introduced into evidence the testimony
of five witnesses, including his own testimony. | Appeal No. 2230 | Suspension and Revocation Appeals Authority | 8/18/1980 | 8/18/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2231 - AUSTIN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 15 November 1979, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts, revoked
Appellant's seaman's document upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as Day Maintenanceman aboard SS EXPORT BANNER under
authority of the document above captioned, on or about 13 August
1976, while said vessel was in the port of Brooklyn, New York,
Appellant wrongfully had in his possession certain narcotics, to
wit, marijuana and opium.
The hearing was held at Baltimore, Maryland, on 24 July 1979,
and in Boston on 14 August and 27-28 September 1979.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced in evidence nine
documents.
In defense, Appellant offered in evidence his own testimony
and the testimony of seven other witnesses.
After the hearing, the Administrative Law Judge rendered a written decision in which he concluded that the charge and
specification had been proved. He then served a written order on
Appellant revoking all documents issued to him. | Appeal No. 2231 | Suspension and Revocation Appeals Authority | 9/16/1980 | 9/16/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2232 - MILLER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 November 1978, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license outright for a period of six (6)
months upon finding him guilty of negligence. The one
specification of negligence found proved alleged that Appellant,
while serving as Chief Engineer aboard SS LURLINE, under authority
of his license, on or about 22 December 1977, failed to take
adequate precautions to prevent the overfilling of fuel oil tanks
and subsequent spilling of a harmful quantity of oil into the
navigable waters 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 into evidence the
testimony of two witnesses and five documents. | Appeal No. 2232 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2233 - WALSH | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 20 December 1979, an Administrative Law Judge
of the United States Coast Guard at New York, New York, admonished
Appellant, upon finding him guilty of negligence. The
specification found proved alleged that while serving as Tankerman
on board MORANIA 140 under authority of the document above
captioned, on or about 14 October 1979, Appellant, as person in
charge of cargo loading, negligently allowed a cargo tank to
overflow, spilling fuel oil on the deck of the barge and into
Arthur Kill, a navigable water of the United States, by not
monitoring the level in the tank after it had been secured.
The hearing was held at New York, New York, on 29 November
1979.
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 documents, one of which comprised the stipulated testimony of an
eyewitness to the event in question. | Appeal No. 2233 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2234 - REIMANN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 7 November 1979, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's license for two months, upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Second Mate on board SS AVILA under authority of
the license above captioned, at or about 0830, 19 June 1979,
Appellant negligently failed to take adequate precautions to
prevent the overfilling of Number 3 starboard tank and subsequent
spilling of a harmful quantity of oil into the navigable waters of
the United States.
The hearing was held at Embarcadero Center, Suite 310, San
Francisco, California, on 27 July, 16 August, 20 August, 5
September, and 14 September 1979.
At the hearing, Appellant was represented by professional
counsel and, in Appellant's absence from the first session, a plea
of not guilty to the charge and specification was entered on his
behalf. | Appeal No. 2234 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2235 - RABREN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 28 November 1978, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's license for one month, plus three months on
twelve months' probation, upon finding him guilty of negligence.
The specification found proved alleged that while serving as Pilot
on board SS GULF TIGER under authority of the license above
captioned, on or about 13 August 1978, Appellant did, while inbound
in Tampa Bay, Florida, wrongfully ground said vessel. A second
specification, found not proved, alleged that while serving in the
above capacity Appellant negligently piloted said vessel at
excessive speed, thereby contributing to the grounding.
The hearing was held at Tampa, Florida, on 22 November 1978.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2235 | Suspension and Revocation Appeals Authority | 2/9/1981 | 2/9/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2236 - CLUFF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 25 January 1980, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, suspended
Appellant's United States Coast Guard First Class Pilot's License
No. 457718 for 3 months on 12 month's probation, upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Pilot on board M/V MOSEL under authority of the
document and license above captioned, on or about 2 March 1979,
while the said vessel in the Chesapeake and Delaware Canal,
Appellant failed to navigate the vessel with due caution, thereby
causing an allision between the raised heavy lift boom of the
vessel and the Reedy Point Bridge.
The hearing was held at Baltimore, Maryland, on 22 May 1979
and adjourned to 7 September 1979, on which date it was concluded.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2236 | Suspension and Revocation Appeals Authority | 2/23/1981 | 2/23/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2237 - STRELIC | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 5.30-1.
By order dated 17 September 1979, an Administrative Law Judge
of the United States Coast Guard at Boston, Massachusetts,
suspended Appellant's license number 388 977 and all other valid
Coast Guard licenses issued to Appellant for three (3) months on
twelve (12) month's probation, upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Master on board SS AMOCO CONNECTICUT, under authority of
the license and document above captioned, on or about 20 December
1978, Appellant negligently failed to ensure that the vessel's
position was fixed and plotted on a chart of the area, Narragansett
Bay, which is a part of the navigable waters of the United States.
The hearings were held at Providence, Rhode Island, on 16
January, 13 March, 22 May and 10 July 1979.
At the hearings, Appellant was represented by counsel, and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence an Affidavit of Service of the Charge Sheet; Charts of Narragansett Bay (No.
13223), Martha's Vineyard (No. 13218), and Providence River (No.
13224); the testimony of LT William J. Morani; the deposition of
Francis J. Smith, Second Mate; and log entries of the AMOCO
CONNECTICUT for 19 and 20 December 1978. | Appeal No. 2237 | Suspension and Revocation Appeals Authority | 2/26/1981 | 2/26/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2238 - MONTGOMERY | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and Title 46 CFR 5.30-1.
By order dated 18 March 1980, 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
misconduct. The specification found proved alleged that while
serving as Electrician on board SS MORMACARGO under authority of
the document above captioned, on or about 29 October 1979,
Appellant had in his possession a controlled substance, to wit:
marijuana.
The hearing was held at Philadelphia, Pennsylvania, on 20
December 1979.
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 two witnesses and four documents. | Appeal No. 2238 | Suspension and Revocation Appeals Authority | 3/4/1981 | 3/4/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2239 - VINCENT | This appeal has been taken in accordance with Title 46 United
States Code 239(g), and Title 46 Code of Federal Regulations
5.30-1.
By order dated 10 August 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months, plus six months on
twelve month's probation, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as
Fireman/Watertender on board SS AFRICAN DAWN under authority of the
document above captioned, on or about 8 May 1978, Appellant did
wrongfully assault and batter with his hand the Third Assistant
Engineer.
The hearing was held at New York, New York, on 22, 23 and 27
June 1978.
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 and two pieces of documentary
evidence: a certified abstract of line 31 of the shipping articles
for SS AFRICAN DAWN, and a certified copy of pages 21 and 22 of the
vessel's official logbook. | Appeal No. 2239 | Suspension and Revocation Appeals Authority | 3/23/1981 | 3/23/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2179 - COOPER | This appeal has been taken in accordance with Title 46 United
States code 239b and Title 46 Code of Federal Regulations 5.30-1.
By order dated 8 December 1977, an Administrative Law Judge of
the United States Coast Guard at New York, New York, after a
hearing at New York, New York, on 8 and 26 September and 3 and 18
October 1977, revoked Appellant's document upon finding him guilty
of conviction for a narcotic drug law violation. The specification
found proved alleges that Appellant was convicted on 22 February
1977, in the criminal court of the City of New York, a court of
record, of a violation of the Narcotic Drug Laws of the State of
New York, to wit, section 220.03 of the Penal Law of the State of
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 into evidence four
documents.
Appellant offered no evidence in defense.
On 8 December 1977, the Administrative Law Judge entered a
written decision in which he concluded that the charge and
specification as alleged had been proved. He then entered an order
of revocation. | Appeal No. 2179 | Suspension and Revocation Appeals Authority | 1/3/1980 | 1/3/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2180 - METCALFE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 22 June 1978, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent for
service as a seaman. The specification found proved alleges that
while serving as able seaman on board the United States SS AMERICAN
EAGLE under authority of the document above captioned, on or about
14 January 1978, Appellant, while the vessel was in the port of
Portland, Maine, suffered from a "seizure".
The hearing was held at Port Arthur, Texas, on 30 January and
11 April 1978.
At the hearing, Appellant failed initially to appear but when
granted a reopening of the case elected to act as his own counsel
and entered a plea of not guilty to the charge.
The Investigating Officer introduced in evidence the testimony
of witnesses and medical records.
In defense, Appellant offered in evidence the testimony of two
witnesses. After 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. 2180 | Suspension and Revocation Appeals Authority | 1/8/1980 | 1/8/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2181 - BURKE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas, after a hearing
at Galveston, Texas, on various dates between 31 May 1977 and 6
January 1978, revoked the captioned documents upon finding
Appellant mentally incompetent. The original specification of
mental incompetence found proved alleges that Appellant, while
serving as second mate aboard SS MISSOURI, on or about 3 November
1973, while the vessel was at sea, was, and presently is, mentally
incompetent to perform the duties for which he holds a license and
document issued by the Coast Guard.
This hearing was conducted pursuant to the order of the
National Transportation Safety Board No. EM-51, 2 NTSB 2784(1976).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. | Appeal No. 2181 | Suspension and Revocation Appeals Authority | 2/11/1980 | 2/11/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2182 - WILLIAMS | This appeal has been taken in accordance with Title 48 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 2 August 1977, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, after a
hearing at Boston, Massachusetts, on 31 May 1977, revoked
Appellant's document upon finding him guilty of misconduct. The
four specifications of the charge of misconduct found proved allege
(1) that Appellant while serving as Pumpman aboard SS AMERICAN
EAGLE, under authority of the captioned document, was, on or about
12 and 13 May 1977, under the influence of liquor on board said
vessel while at sea; (2) that Appellant, while serving as
aforesaid, did on or about 12 and 13 May 1977, disobey a lawful
order of the Master of said vessel, to wit, ship's standing order
number 7; (3) that Appellant, while serving as aforesaid, did, on
or about 12 May 1977, place his hand on the "private parts" of
cremember Cadet James Doherty; and (4) that Appellant, while
serving as aforesaid, did on or about 12 May 1977, make lewd and
obscene comments to a crewmember, Cadet James Doherty.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced into evidence the
testimony of three witnesses, and eight documents.
Subsequent to the hearing, the Administrative Law Judge and all specification as alleged had been proved. He then entered
an order of revocation.
The decision was served on 28 November 1977. Appeal was
timely filed on 8 December 1977. | Appeal No. 2182 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2183 - FAIRALL | This appeal has been taken in accordance with Title 46 United
States Code 239(G) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 April 1978, and administrative Law Judge of
the United States Coast Guard at San Francisco, California, revoked
Appellant's merchant mariner's document upon finding him guilty of
two specification of the charge of misconduct. The two
specifications of misconduct found proved allege that Appellant,
while serving aboard the SS MAYAGUEZ under authority of the above
captioned document, (1) did, on 6 February 1977, wrongfully use
foul and abusive language towards a superior officer, the Chief
Mate, and (2) did, on 18 February 1977, while said vessel was in
the Port of Keelung, Taiwan, wrongfully assault and batter the
Chief Mate, by kicking him repeatedly.
At the hearing, appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence eight
document including the depositions of two witnesses.
In defense, Appellant offered the testimony of three
witnesses, including his own.
Subsequent to the hearing the Administrative Law Judge
rendered a decision in open hearing in which he concluded that the charge and specification had been proved. He then entered an order
of revocation. | Appeal No. 2183 | Suspension and Revocation Appeals Authority | 2/21/1980 | 2/21/1980 | | 12/21/2017 |
| 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 | 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 |
| Suspension and Revocation Appeals Authority | 2273 - SILVERMAN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 10 July, 1980, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's United States Coast Guard Merchant Mariner's
Document No. [REDACTED]-D3 for six months outright plus an
additional period of six months on twelve months' probation, upon
finding him guilty of two specifications of misconduct, assault and
battery and disobedience of a lawful order. The specifications
found proved alleged that while serving as Fireman/Watertender
onboard SS JOHN LYKES, under authority of the captioned document
Appellant did, on or about 18 February 1980, assault and battery
the Second Assistant Engineer, and on or about 11 February 1980 did
fail to obey a lawful order of the Second Assistant Engineer by
changing fuel oil strainers in the engine room without permission.
A second specification of failure to obey an order was found not
proved.
The hearing was held at San Francisco, California, in seven
sessions between 5 May 1980 and 3 July 1980. | Appeal No. 2273 | Suspension and Revocation Appeals Authority | 4/8/1982 | 4/8/1982 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2240 - PALMER | This review has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 22 April 1980, 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 Able Seaman on board S.S. THOMAS JEFFERSON under
authority of the document above captioned, on or about 21 February
1980, Appellant did, while the vessel was in the port of Rotterdam,
wrongfully assault and batter with a bottle a shipmate, Erick H.
Sorensen, AB, Z-[REDACTED]-DI.
The hearing was held at San Francisco on 21 April 1980.
Appellant failed to appear at the hearing. A plea of not
guilty to the charge and specification was entered in his behalf in
accordance with 46 CFR 5.20-75, and the hearing proceeded in
absentia.
The Investigating Officer introduced in evidence four
exhibits. | Appeal No. 2240 | Suspension and Revocation Appeals Authority | 4/1/1981 | 4/1/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2245 - ROBINSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and 46 CFR 5.30-1.
By order dated 27 February 1980, and Administrative Law Judge
of the United States Coast Guard at New York, New York, after
hearings at New York, New York, on 29 November and 18 December
1978, and on 24 January, 14 February, 14 March, 9 May, 4 and 27
June, 9 and 16 July, 17 August, 19 September, and 7, 19 and 26
November 1979, revoked the captioned document upon finding
Appellant guilty of misconduct. The single specification of the
charge of misconduct proved, alleges that Appellant, while serving
as Fireman/Watertender aboard USNS ANDREW MILLER, under authority
of his duly issued Merchant Mariner's Document, did, at or about
2400, 12 March 1975, at Yokosuka, Japan, while said was in the port
of Yokosuka, Japan, wrongfully have in his possession certain
narcotics to wit, heroin.
Appellant appeared and was represented by counsel. No formal
arraignment was held and no plea appears on the record of any of
the hearings. It is clear that the proceedings were conducted as
if a "not guilty" plea had been entered. Appellant was fully
advised of the charges and specifications against him and of his rights. As in Decision on Appeal No. 867, there was no
prejudice to Appellant because the hearing was conducted as though
a plea of "not guilty" had been entered. | Appeal No. 2245 | Suspension and Revocation Appeals Authority | 4/29/1981 | 4/29/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2251 - FADL | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 31 July 1980, 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 "conviction for a narcotic drug law violation." The one
specification found proved alleges that while holder of the
document above captioned, on or about 5 August 1970, Appellant was
convicted by the Criminal Court of the City of New York, County of
New York, a court of record, for violation of Section 220.05 of the
Penal Law of the State of New York, for criminal possession of a
dangerous drug, to wit; Hashish.
The hearing was held at New York, New York, on 25 July 1980.
Appellant did not appear and was not represented at the
hearing, which was held in absentia.
The Investigating Officer introduced in evidence two
documents. | Appeal No. 2251 | Suspension and Revocation Appeals Authority | 6/10/1981 | 6/10/1981 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2215 - RILEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 17 January 1979, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, after a hearing at
Galveston, Texas, on 29 November 1978, suspended Appellant's
license for a period of one month on probation for three months
upon finding him guilty of misconduct. The single specification of
the charge of misconduct found proved alleges that Appellant, while
serving as Master aboard GULF FLEET NO. 22, under authority of the
captioned documents, did, from 10 to 24 November 1978, fail to
comply with the manning requirements as set forth in the vessel's
Certificate of Inspection, to wit: sailing without a licensed
engineer and one able seaman.
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 into evidence the
testimony of one witness and four documents. | Appeal No. 2215 | Suspension and Revocation Appeals Authority | 5/29/1980 | 5/29/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2186 - ASCIONE | This appeal has been taken in accordance with 46 U.S.C. 239(g)
and 46 CFR 5.30-1.
By order dated 2 August 1978, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for two months, upon finding him
guilty of misconduct. The specifications found proved alleges that
while serving as Ordinary Seaman on board SS SAN FRANCISCO under
authority of the document above captioned, on or about 26 January
1978, Appellant wrongfully failed to join said vessel at the
foreign port of Livorno, Italy.
The hearing was held at New York, New York, on 27 April, 16
May, 19 June, and 10 July 1978.
Appellant was not present at the hearing which proceeded in
absentia, nor was he represented by counsel. The Administrative
Law Judge entered a plea of not guilty to the charge and
specification on behalf of the Appellant.
The Investigating Officer introduced in evidence four
documents: (1) an abstract of line 16 of the shipping articles of
the SS SAN FRANCISCO for the voyage beginning on 25 November 1977
certified by CDR P.M. Lebet, USCG at Rotterdam, Holland; (2) an
abstract of the same line 16 certified by LTJG J.A. Stamm, USCG
supplying the date, place and cause of the Appellant's leaving the
vessel; (3) a copy of an entry from the official log book of the SS SAN FRANCISCO certified under the hand and seal of the American
Vice Consul at Kobe, Japan; and (4) a photocopy of page 23 of the
official log book of the SS SAN FRANCISCO for the same voyage
certified by LTJG Stamm which includes the entry certified in the
third document. There was no live testimony introduced by the
Investigating Officer.
The Appellant offered no evidence in his defense. | Appeal No. 2186 | Suspension and Revocation Appeals Authority | 2/22/1980 | 2/22/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2187 - CASTLEBERRY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations 5.30-1.
By order dated 13 April 1979, 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 able seaman on board SS SANTA MARIANA under authority of
the document above captioned, on or about 8 December 1978,
Appellant wrongfully had in his possession at San Francisco,
California, a quantity of cocaine.
The hearing was held at San Francisco, California, from 22 May
to 15 June 1979.
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 three witnesses and certain documents.
In defense, Appellant offered in evidence his own testimony.
After 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 14 August 1979. Appeal was
timely filed and perfected. | Appeal No. 2187 | Suspension and Revocation Appeals Authority | 2/25/1980 | 2/25/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2188 - GILLIKIN | This appeal has been taken in accordance with Title 46 U.S.C.
239(g) and 46 CFR 5.30-1.
By order dated 11 May 1978, an Administrative Law Judge of the
United States Coast Guard at New York, New York, after a hearing at
New York, New York, on 16 March and 31 March 1978, suspended
Appellant's license for a period of three (3) months on probation
for twelve (12) months upon finding him guilty of inattention to
duty. The one specification of inattention to duty found proved
alleged that while serving as master aboard TS PRINCESS BAY,
Appellant did, on or about 3 November 1977, while said vessel was
transferring gasoline at the Phillips Fuel Company, Hackensack, New
Jersey, and while acting as the person in charge of the transfer
operation, wrongfully fail to provide flame screens or proper
supervision for open cargo tank hatches as required by 46 Code of
Federal Regulations 35.30-10.
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 into evidence the
testimony of one witness, three documents, and a series of four
color photographs depicting PRINCESS BAY.
In defense, Appellant introduced into evidence his own
testimony. | Appeal No. 2188 | Suspension and Revocation Appeals Authority | 2/27/1980 | 2/27/1980 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2190 - RITOLA | This appeal has been taken in accordance with Title 46 United
States code 239(g) and Title 46 code of Federal Regulations 5.30-1.
By order dated 14 February 1978, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for one month with an additional period of six
months' suspension on twelve months' probation upon finding him
guilty of negligence. The three specifications found proved
alleged that while serving as Third Mate on board the United States
Army Corps of Engineers Dredge CHESTER HARDING, under the authority
of the above captioned license, on or about 12 December 1976,
Appellant failed to sound a whistle signal in reply to the whistle
signal of M/V DON CARLOS; failed to execute a port passage with DON
CARLOS in the absence of an agreement on a starboard passing; and
failed to indicate the intent of his vessel while approaching DON
CARLOS, the first two specifications further alleging that the
failure cited contributed to a collision between the two vessels.
At the hearing Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specifications.
After the hearing, the Administrative Law Judge rendered a
written opinion in which he concluded that the charge and
specifications had been proved. He then entered an order
suspending Appellant's license for one month with an additional six
month period of suspension on twelve months' probation.
The entire decision was served on 16 February 1979. Appeal
was timely filed and perfected. | Appeal No. 2190 | Suspension and Revocation Appeals Authority | 3/25/1980 | 3/25/1980 | | 12/21/2017 |