| Suspension and Revocation Appeals Authority | 2033 - NEVES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 19 December 1974, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for two months outright
plus 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 the Fishing Vessel CONSTITUTION under authority of the
license above captioned, from on or about 29 October 1973, to on or
about 4 December 1973, Appellant did willfully employ of engage to
perform the duties of mate aboard CONSTITUTION, a fishing vessel of
465.92 gross tons, a person or persons not licensed to perform such
duties, in violation of 46 U.S.C. 224a, for a fishing voyage on the
high seas that began in Cabo San Lucas, Baja California, Mexico,
and terminated in San Diego, California. | Appeal No. 2033 | Suspension and Revocation Appeals Authority | 9/16/1975 | 9/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2032 - KAY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 31 October 1974, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman 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 Chief Mate on board the United States SS TRANSHURON
under authority of the license and document above captioned, on or
about 3 February 1974, Appellant wrongfully deserted the said
vessel at the port of Honolulu, Hawaii.
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 various
documents including the vessel's log entry concerning the incident,
and the testimony of one witness. | Appeal No. 2032 | Suspension and Revocation Appeals Authority | 9/15/1975 | 9/15/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2031 - CANNON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order 23 October 1974, an Administrative Law Judge of the
United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's seaman documents for two months outright upon finding
him guilty of negligence. The specifications found proved allege
that while serving as Operator on board the M/V ATCHISON, under
authority of the document and license above captioned, on or about
20 August 1974, Appellant while said vessel was upbound on the
Mississippi River in the vicinity of the Luling to Destrehan ferry
crossing (1) did wrongfully fail to yield the right of way to the
M/V GEORGE PRINCE which was crossing from his starboard side,
thereby contributing to a collision with the M/V GEORGE PRINCE; and
(2) did wrongfully fail to screen the sidelights on the lead barge
of the tow as required by the applicable Rules of the Road.
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 two exhibits
and the sworn testimony of two witnesses. | Appeal No. 2031 | Suspension and Revocation Appeals Authority | 9/5/1975 | 9/5/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2030 - RIVERA | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 30 December 1974, an Administrative Law Judge
of the United States Coast Guard at Jacksonville, Florida,
suspended Appellant's seaman's documents for two months on twelve
months' probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as a Pilot on
board the SS DELAWARE GETTY under authority of the license above
captioned, on or about 29 August 1973, Appellant
(1) Did imprudently navigate said vessel into Army Terminal
Channel, Bahia de San Juan, Puerto Rico, under adverse
conditions of trim and wind; and did fail to maintain
control of said vessel which resulted in grounding; and
(2) Did neglect and fail to navigate said vessel in a prudent
manner which resulted in the sinking of Army Terminal
Channel Light Buoy No. 6. | Appeal No. 2030 | Suspension and Revocation Appeals Authority | 8/21/1975 | 8/21/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2029 - CHAPMAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 August 1974, an Administrative Law Judge of
the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman's documents for three months on six months'
probation upon finding him guilty of negligence. The
specifications found proved allege that while serving as an
Operator on board the M/V ELLENA HICKS, under authority of the
license above captioned, Appellant did, on or about 30 December
1973,
FIRST, wrongfully fail to post a proper lookout during low
visibility, thereby contributing to a collision between his tow,
the barge THELMA COLLINS, and the M/V NISSAN MARU, and
SECOND, wrongfully fail to sound fog signals during low
visibility, thereby contributing to a collision between his tow,
the barge THELMA COLLINS, and the M/V NISSAN MARU. | Appeal No. 2029 | Suspension and Revocation Appeals Authority | 7/31/1975 | 7/31/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2028 - CARTER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 12 September 1974, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's license and seaman documents for 9 months
outright upon finding him guilty of misconduct. The specifications
found proved allege that while serving as a THIRD MATE on board the
SS ST. LOUIS under authority of the document and license above
captioned, Appellant did, FIRST on or about 7 November 1973 while
said vessel was in the port of Singapore, wrongfully fail to
perform his duties due to intoxication; SECOND, on or about 18
November 1973, while said vessel was in the port of Hong Kong,
wrongfully fail to perform his duties due to intoxication. THIRD,
on or about 19 November 1973, while said vessel was in the port of
Hong Kong, wrongfully fail to obey an order of the Master by being
under the influence of alcohol while on watch. FOURTH, on or about
19 November 1973, while said vessel was in the port of Hong Kong,
wrongfully fail to perform his duties due to intoxication. | Appeal No. 2028 | Suspension and Revocation Appeals Authority | 6/27/1975 | 6/27/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2027 - WALKER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 November 1974, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman documents for three months outright
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator on board the M/V
GLENDA S under authority of the license above described, on or
about 13 August 1974, Appellant did wrongfully fail to navigate
with due caution thus contributing to the collision between said
vessel and tow and the Borden Chemical Docks at Geismar, Louisiana,
Mile 184.8, Lower Mississippi River.
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 certain
documents and the testimony of one witness. | Appeal No. 2027 | Suspension and Revocation Appeals Authority | 6/26/1975 | 6/26/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2026 - CLARK | 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 30 March 1973, an Administrative Law Judge of
the United States Coast Guard at Baltimore, Maryland, revoked
Appellant's seaman documents upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
bedroom utility (OBR) on board the United States SS PIONEER
CONTRACTOR under authority of the document above captioned, between
7 December 1972 and 28 February 1973, Appellant was wrongfully a
user of a narcotic drug.
Appellant failed to appear at the hearing and after the
Administrative Law Judge questioned the Investigating Officer
concerning the circumstances surrounding service of charges and
notice of the hearing a motion to proceed in absentia was granted.
The Administrative Law Judge entered a plea of not guilty to all
charges and specifications.
The Investigating Officer introduced in evidence the testimony
of two witnesses and a certification of the applicable shipping
articles. | Appeal No. 2026 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1976 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2025 - ARMSTRONG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulation
137.30-1, now 5.30-1.
By order dated 12 September 1974, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia, suspended
Appellant's seaman documents for one month on three months'
probation and revoked his operator's license outright upon finding
him guilty of misconduct. The specifications found proved alleges
that, on or about 11 1973, Appellant wrongfully, knowingly, and
fraudulently submitted and signed a false application for an
original towboat operator's license at the USCG Marine Safety
Office, Norfolk, Virginia, to wit: Appellant indicated on said
application that he never had been convicted by any court including
a military court, for any offense other than a minor traffic
violation when in fact he had a past history of several major
criminal convictions before different state courts.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2025 | Suspension and Revocation Appeals Authority | 6/5/1975 | 6/5/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2024 - KENNEY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 October 1974, an Administrative Law Judge of
the United States Coast Guard at Boston, Massachusetts, suspended
Appellant's seaman's documents for two months on 18 month's
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as Master on board the M/V
VINEYARD QUEEN under authority of the license above captioned, on
or about 20 August 1974, Appellant did fail to determine the
position of the vessel, thereby contributing to a grounding.
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 chart,
other documents, and the testimony of one witness.
In defense, Appellant offered in evidence his own testimony
and affidavits concerning the operation of a foghorn. | Appeal No. 2024 | Suspension and Revocation Appeals Authority | 6/4/1975 | 6/4/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2023 - KOBERGER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 code of Federal Regulations
137.30-1 (now 5.30-1).
By order dated 11 January 1974, and Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman document for four months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Chief
Steward on board the United States SS AMERICAN CHIEFTAIN under
authority of the document above captioned, on or about 15 September
1973, Appellant did assault first Assistant Engineer Joseph Urei,
Z-518662-D1, in the Officer' Pantry.
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 vessel's
log entry concerning the incident and the testimony of four
witnesses. | Appeal No. 2023 | Suspension and Revocation Appeals Authority | 6/3/1975 | 6/3/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2022 - PALMER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 6 May 1974, an Administrative Law Judge of the
United States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for three months on twelve months' probation
upon finding him guilty of inattention to duty. The specification
found proved alleges that while serving as Third Mate on board the
T/B IOS 3301 under authority of the document and license above
captioned, on or about 19 February 1974, Appellant did wrongfully
cause an oil spill into the navigable waters of the United States,
the Houston Ship Channel, while said vessel was moored at Houston,
Texas.
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.
In defense, Appellant offered in evidence a vessel inspection
report and his own testimony. | Appeal No. 2022 | Suspension and Revocation Appeals Authority | 5/16/1975 | 5/16/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2021 - 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 26 August 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, revoked
Appellant's seaman's documents upon finding him incompetent. The
specification found proved alleges that while serving as a second
mate on board SS MISSOURI under authority of the documents above
captioned, on or about 3 November 1973, Appellant was, and at the
time of hearing was still, mentally incompetent to perform the
duties for which he held the license and documents issued by the
Coast Guard.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records, the testimony of witnesses, given both in person and by
deposition, and certain medical records. | Appeal No. 2021 | Suspension and Revocation Appeals Authority | 5/7/1975 | 5/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2020 - JOYNER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 22 July 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's seaman's documents for three months on twelve months'
probation upon finding him guilty of negligence. The specification
found proved alleges that while serving as a Tankerman on board the
T/B OCEAN 80 under authority of the document above captioned, on or
about 25 October 1972, Appellant, while said vessel was moored in
Carteret, New Jersey, was negligent in his duties in that, during
cargo transfer operations, he left the said vessel unsupervised for
a period in excess of 30 minutes.
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 exhibits
and the sworn testimony of one witness. | Appeal No. 2020 | Suspension and Revocation Appeals Authority | 4/7/1975 | 4/7/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2019 - JONES | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 8 February 1974, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for four months outright plus three
months on nine months' probation upon finding him guilty of
misconduct. The specification found proved that while serving as
an Able Seaman on board the SS HURRICANE under authority of the
document above-captioned, on or about 24 January 1974, Appellant,
while the vessel was underway in the Houston Ship Channel, did
wrongfully assault and batter a member of the crew, Jimmy Garner.
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 the testimony
of two witnesses and certain documentary evidence.
In defense, Appellant offered in evidence his own testimony
and that of two witnesses. | Appeal No. 2019 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2018 - GOODWIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, (now 5.30-1).
By order dated 17 July 1974, and Administrative Law Judge of
the United States Coast Guard at Long Beach, California, suspended
Appellant's seaman's license for 3 months outright plus 6 months on
12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that Appellant, while serving as
Operator on board the United States M/V PIONEER under authority of
the license above captioned, did from 28 April 1974 through 26 June
1974 wrongfully operate said vessel on forty-one occasions without
a valid Certificate of Inspection.
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 a copy of the
vessel's Certificate of Inspection, an Amendment to the Certificate
of Inspection and a Temporary Certificate of Inspection. | Appeal No. 2018 | Suspension and Revocation Appeals Authority | 3/10/1975 | 3/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2017 - TROCHE | This appeal has been taken in accordance with Title 46 States
Code 239(g) and Title 46 Code of Federal Regulations 137.30-1, now
5.30-1.
By order dated 4 October 1973, 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 allege that while
serving as an oiler on board the United States SS ELIZABETHPORT
under authority of the document above captioned, on or about 18 May
1973, Appellant did wrongfully assault and batter with a dangerous
weapon, to wit, a knife, a member of the crew, Pedreu C. Lewis,
while said vessel was at sea.
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 shipping
articles, entries from the official logbook, and the testimony of
two witnesses. | Appeal No. 2017 | Suspension and Revocation Appeals Authority | 3/11/1975 | 3/11/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2016 - AGOSTINI | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 2 April 1974, an Administrative Law Judge of
the United States Coast Guard at New York, New York, suspended
Appellant's license for one month on six months' probation upon
finding him guilty of negligence. The specification found proved
alleges that while serving as Master on board the MV CAPTAIN SAM
under authority of the license above captioned, on 13 November
1972, Appellant wrongfully failed to keep his vessel on the right
side of the channel in the East River, New York, near Hell Gate,
thereby contributing to a collision between the MV CAPTAIN SAM and
a scow in tow of the tug BRONX 4.
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 certain documents. | Appeal No. 2016 | Suspension and Revocation Appeals Authority | 3/3/1975 | 3/3/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2015 - BARNES | This appeal has been taken in accordance with Title 46 United
States Code 239b and Title 46 Code of Federal Regulations 137.30-1,
now 5.30-1.
By order dated 14 August 1974, an Administrative Law Judge of
the United States Coast Guard at Memphis, Tennessee revoked
Appellant's seaman documents upon finding him guilty of the charge
of "conviction for a narcotic drug law violation." The
specification found proved alleges that while holding the above
captioned merchant mariner's document, on or about 28 September
1970, Appellant was convicted by the Court of Calcasieu Parish,
Lake Charles, Louisiana, for violation of the narcotic 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 a Certificate
of Service of the charge and specification, and a certified copy of
the conviction by Calcasieu Parish Court.
In defense, Appellant offered in evidence the testimony of
Paul N. Fanolis and his own testimony.
At the end of the hearing, the Judge rendered a written
decision in which he concluded that the charge and specification | Appeal No. 2015 | Suspension and Revocation Appeals Authority | 2/10/1975 | 2/10/1975 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2014 - CANN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 4 October 1973, and Administrative Law Judge of
the United States Coast Guard at Houston, Texas, suspended
Appellant's seaman's documents for one month outright plus four
months on six months' probation upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as chief Mate on board the SS VALLEY FORGE under
authority of the document and license above captioned, on or about
11 August 1973, Appellant did wrongfully cause a spill of
approximately one barrel of lube oil into the navigable waters of
the United States, Houston Ship Channel, at Shell Oil Terminal,
Deer Park, Texas.
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 an affidavit
of service, certification of shipping articles, the loading orders
of the vessel and the testimony of five (5) witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2014 | Suspension and Revocation Appeals Authority | 12/30/1974 | 12/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2013 - BRITTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1, now 5.30-1.
By order dated 13 November 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license for three months outright upon finding him
guilty of negligence. The specification found proved alleges that
while serving as Second Mate on board the United States SS GULFSEAL
under authority of the license above captioned, on or about 2 July
1973, Appellant did, not at approximately 1320, permit two barrels
of lube oil to overflow No. 5 port cargo tank and enter the
Taylor's Bayou Turning Basin.
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
two live witnesses.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 2013 | Suspension and Revocation Appeals Authority | 12/13/1974 | 12/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2012 - HERRINGTON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 January 1974, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana, suspended
Appellant's license for three months on twelve months' probation
upon finding him guilty of negligence. The specification found
proved alleges that while serving as operator aboard the M/V
HARDHEAD under the authority of the license above captioned, on or
about 20 September 1973, Appellant wrongfully failed to come to a
timely passing agreement while said vessel was navigating the Gulf
Intracoastal Waterway at approximately Mile 14.5, west of Harvey
Locks.
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, a deckhand on duty aboard the M/V HARDHEAD at the
time of the incident and the master of the M/V SEA ISLANDER. | Appeal No. 2012 | Suspension and Revocation Appeals Authority | 10/8/1974 | 10/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2011 - GIMBERT | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 25 September 1973, an Administrative Law Judge
of the United States Coast Guard at Norfolk, Virginia suspended
Appellant's seaman's documents for one month outright plus two
months on six months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as a tankerman on board the McAllister Barge 100 under
authority of the document above captioned, on or about 22 August
1973, Appellant negligently failed to supervise cargo discharge
operations while the barge was bunkering the M/V AEGEAN WAVE,
thereby contributing to a spillage of cargo from said barge's
discharge hose into the waters of Hampton Roads, Norfolk, Virginia.
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 report of
pollution violation and the testimony of a witness. | Appeal No. 2011 | Suspension and Revocation Appeals Authority | 9/30/1974 | 9/30/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2009 - NORSWORTHY | 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 15 March 1974, an Administrative Law Judge of
the United States Coast Guard at Toledo, Ohio, 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 while holding the document above
captioned, on or about 6 December 1973, Appellant was convicted by
the County Court, Door County Wisconsin, a court of record, for
violation of narcotic drug laws of the State of Wisconsin.
At the hearing Appellant elected to act as his own counsel and
entered a plea of guilty to the charge and specification.
In mitigation, Appellant stated that he had been in a bar and
had run out of cigarettes and that a woman gave him a pack of
cigarettes containing two marijuana cigarettes.
At the end of the hearing, the Judge rendered an oral decision
in which he concluded that the charge and specification had been
proved by plea. He then served a written order on Appellant
revoking all documents, issued to Appellant.
The entire decision and order was served on 6 April 1974.
Appeal was timely filed on 15 April 1974. | Appeal No. 2009 | Suspension and Revocation Appeals Authority | 9/20/1974 | 9/20/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2008 - GOODWIN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 January 1974, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for four months outright plus three
months on twelve months' probation upon finding him guilty of
negligence. The specification found proved alleges that while
serving as Operator on board the MV PIONEER under authority of the
license above captioned, on or about 19 September 1973, Appellant
negligently failed to keep clear of the tankship SANINENA II
causing a collision between the two vessels.
At the hearing, Appellant initially elected to act as his own
counsel and entered a plea of not guilty to the charge and
specification. At a subsequent session, he was represented by
professional counsel. At the final session, the proceedings were
properly concluded in absentia. The Investigating Officer
introduced in evidence the live testimony of three witnesses and
various documents. | Appeal No. 2008 | Suspension and Revocation Appeals Authority | 9/13/1974 | 9/13/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2007 - ARMAD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 August 1973, 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 a Radio/Telegraph Operator on
board the SS JEFFERSON CITY VICTORY under authority of the document
and license above captioned, on or about 9 December 1972, while the
vessel was at sea, Appellant did wrongfully assault and batter a
fellow crewmember, Third Assistant Engineer J.E. Frazer, and did
wrongfully assault and batter him a few days later ashore.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2007 | Suspension and Revocation Appeals Authority | 9/5/1974 | 9/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2006 - MCCOY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 December 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana,
suspended Appellant's seaman's documents for twelve months upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a day third engineer on board SS DEL
ORO under authority of the license above captioned, on or about 26
February 1973, Appellant wrongfully failed to perform his assigned
duties while the vessel was at Abidjan, Ivory Coast.
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 DEL ORO and the testimony of three witnesses.
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
specification had been proved. He then entered an order suspending
all documents issued to Appellant for a period of twelve months. | Appeal No. 2006 | Suspension and Revocation Appeals Authority | 8/3/1974 | 8/3/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2005 - BEROUD | 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 18 March 1974, 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, on 4 September 1973,
Appellant was convicted in Delaware County Court, Media,
Pennsylvania, a court of record in Delaware County, Commonwealth of
Pennsylvania, for violation of the Commonwealth of Pennsylvania.
At the hearing, Appellant was represented by professional
counsel and entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence certified
copies of the indictments and court conviction.
In defense, Appellant offered in evidence his own testimony,
that of a character witness and seven letters of character. | Appeal No. 2005 | Suspension and Revocation Appeals Authority | 8/23/1974 | 8/23/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2004 - LORD | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 September 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
Appellant's license for two months outright plus ten months on
eighteen months' probation upon finding him guilty of negligence.
The specification found proved alleges that while serving as master
on board SS C. E. DANT under authority of the license above
captioned, on 4 September 1972, Appellant while in the Strait of
Juan de Fuca negligently allowed his vessel to proceed at
immoderate speed in restricted visibility, thereby continuing to a
collision between the vessel and MV AEGEAN SEA.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence voyage
records of C. E. DANT, certain photographs, and the testimony of
witnesses. | Appeal No. 2004 | Suspension and Revocation Appeals Authority | 8/22/1974 | 8/22/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2003 - PEREIRA | This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 11 July 1973, 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 twelve months' probation upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a Second Pumpman on board the United States NS YUKON
under authority of the document above captioned, on or about 3
January 1973, Appellant wrongfully deserted the said vessel at
Kwajalein Atoll (United States Trust).
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 from the USNS YUKON, and the depositions of two witnesses. | Appeal No. 2003 | Suspension and Revocation Appeals Authority | 7/8/1974 | 7/8/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2002 - ADAMS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 8 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's seaman documents for one month outright upon finding
him guilty of misconduct. The specification found proved alleges
that while serving as a tankerman on board the United States Tank
Barge LBT-18 under authority of the document above captioned, on or
about 16 July 1973 Appellant did cause a spill of approximately 120
gallons of crude petroleum condensate upon the waters of Houston
Ship Channel at Robertson Terminal.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence a diagram of
the scene, the testimony of Mr. Marvin Epps, the dockman for
Robertson Terminal, and Petty Officer Clark, the Investigator.
In defense, Appellant offered in evidence his own testimony
and that of Captain Joseph Courtaux, the tug Captain. | Appeal No. 2002 | Suspension and Revocation Appeals Authority | 6/19/1974 | 9/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2001 - WALLACE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 September 1973, 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 a Fireman/Watertender on board the United States SS SAN
JUAN authority of the document above captioned, on or about 13
December 1972, Appellant wrongfully possessed marijuana and heroin
while the vessel was in the port of Kobe, Japan.
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 shipping
articles for the voyage in question, entries from the official log
book and a Japanese Judgment of Conviction and Sentencing. | Appeal No. 2001 | Suspension and Revocation Appeals Authority | 6/14/1974 | 6/14/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 2000 - ELIPE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 9 November 1973, an Administrative Law Judge of
the United States Coast Guard at New York, New York suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 9 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an Able
Seaman on board the SS SANTA BARBARA under authority of the
document above captioned, on or about 10 August 1973, Appellant did
wrongfully engage in mutual combat with a fellow crew member, to
wit, Mario Fernandez, Steward Utility, while the vessel was in the
port of Kingston, Jamaica.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 2000 | Suspension and Revocation Appeals Authority | 6/5/1974 | 6/5/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1999 - JOSSY | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 November 1973, an Administrative Law Judge
of the United States Coast Guard at Seattle, Washington, suspended
individually the license held by each Appellant for a period of 12
months on 18 months' probation upon finding each guilty of
misconduct. The specification found proved against Appellant Alt
alleges that while serving as operator aboard the DIXIE LEE, under
authority of the above-captioned license, on or about 20 August
1973, he wrongfully operated a foreign built boat carrying
passengers from a U.S. port and returned to a U.S. port in
violation of 19 CFR 4.80(e). The specification found proved
against Appellant Jossy is identical to the above except that it
alleges serving as operator aboard the JERI-JO III. | Appeal No. 1999 | Suspension and Revocation Appeals Authority | 5/9/1974 | 5/9/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1998 - LEBOEUF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 11 September 1973, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's seaman document for 3 months outright upon finding him
guilty of inattention to duty. The specification found proved
alleges that while serving as a tankerman on board the United
States Tank Barge GEORGE under authority of the document above
captioned, on 2 September 1973, Appellant allowed approximately one
(1) barrel of decant oil to overflow out of number 5S cargo tank
and enter the Calcasieu River at Citgo Docks, Lake Charles,
Louisiana.
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 the testimony
of two witnesses and two exhibits. | Appeal No. 1998 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1997 - MELANSON | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 6 August 1973, an Administrative Law Judge of
the United States Coast Guard at Houston, Texas suspended
Appellant's license for 2 months outright upon finding him guilty
of inattention to duty. The specification found proved alleges
that while serving as a Chief Mate on board the SS EXXON SAN
FRANCISCO under authority of the license above described, on or
about 24 June 1973 Appellant did cause the spill of approximately
10 gallons of heating oil into Houston Ship Channel, Exxon Docks,
Bayton, Texas.
At the hearing, Appellant was represented by counsel and
entered a plea of not guilty to the charge and specification. | Appeal No. 1997 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1996 - LEWIS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 20 February 1973, an Administrative Law Judge
of the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for 7 months outright plus
6 months on 12 months' probation upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Fireman/Watertender on board the SS Elizabethport
under authority of the document above captioned, on or about 21 May
1972, Appellant, while the vessel was in the port of Naha, Okinawa,
(1) Wrongfully engaged in mutual combat with a fellow
crewmember, to wit, Patrick G. Fox, Engine Utility; and
(2) Wrongfully failed to obey an order given by the Master to
cease fighting with said fellow crewmember.
At the hearing, Appellant elected to act as his own counsel.
He entered a plea of not guilty to the charge and each
specification. Upon his failure to attend subsequent sessions, the
proceedings were properly continued in absentia. | Appeal No. 1996 | Suspension and Revocation Appeals Authority | 4/18/1974 | 4/18/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1995 - NAPIER | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 24 September 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana revoked
Appellant's seaman document upon finding him guilty of misconduct.
The specification found proved alleges that while serving as second
electrician on board the United States SS CARRIER DOVE under
authority of the document above captioned, on or about 25 July
1973, Appellant did wrongfully assault and batter by striking with
a beer can the crew pantryman while the vessel was in the port of
Durban, Union of South Africa.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of guilty to the charge and specification.
In mitigation, Appellant offered in evidence the testimony of
the crew pantryman and his own testimony. | Appeal No. 1995 | Suspension and Revocation Appeals Authority | 3/19/1974 | 3/19/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1994 - TOMPKINS | This appeal has been taken in accordance wit Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 23 December 1972, an Administrative Law Judge
of the United States Coast Guard at Houston, Texas suspended
Appellant's seaman's documents for 4 months outright plus 2 months
on 6 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 IBERVILLE under authority of the
document above captioned, on or about 8,9,10, and 11 November,
1972, Appellant did wrongfully absent himself from the vessel
without permission and did wrongfully fail to perform his assigned
duties.
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 copies
of the Official Logbook entries and an extract of the Shipping
Articles of the SS IBERVILLE. | Appeal No. 1994 | Suspension and Revocation Appeals Authority | 2/4/1974 | 2/4/1974 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1993 - FRACCARO | Appellant appeals under 46 U.S.C. 239(g) and 46 CFR 137.30-1
from three orders entered by an Administrative Law Judge of the U.
S. Coast Guard after hearing held at Oswego, New York, on several
dates in April 1969. The charges of misconduct all involved
service as a Great Lakes pilot aboard three foreign vessels: M/V
SAKUMO LAGOON, M/V BENGKALIS, and M/V THERON.
On 28 January 1969, Appellant was served with charges of
misconduct for hearing to commence on 16 April 1969. The offenses
alleged were that while serving under authority of his license as
pilot:
(1) aboard the Ghanian SAKUMO LAGOON on 25 September 1968,
Appellant overtook SS CARSON J. CALLAWAY in the St.
Lawrence River without obtaining a whistle signal
assenting to an overtaking proposal in violation of 33
CFR 90.8, and
(2) aboard the Canadian THERON on 30 November 1968 navigated
the vessel on the St. Lawrence River in excess of the
prescribed speed. | Appeal No. 1993 | Suspension and Revocation Appeals Authority | 12/30/1973 | 12/30/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1992 - COPELAND | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 12 October 1972, an Administrative Law Judge of
the United States Coast Guard at Corpus Christi, Texas suspended
Appellant's license for one month on two months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as operator on board the TX 4207 XH
under authority of the license above captioned, on or about 19
August 1972, Appellant permitted said vessel to carry in excess of
6 passengers while said vessel did not have on board a valid
Certificate of Inspection in violation of 46 U.S.C. 390 et seq.
as specified in 46 CFR 176.01-(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 some
photographs of the vessel, a handwritten list of persons aboard and
the testimony of three witnesses. | Appeal No. 1992 | Suspension and Revocation Appeals Authority | 11/20/1973 | 11/20/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1991 - MOORE | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 June 1973, an Administrative Law Judge of
the United States Coast Guard at New Orleans, Louisiana suspended
Appellant's license for 3 months outright upon finding him guilty
of negligence. The specification found proved alleges that while
serving as a Pilot on board the SS HESS REFINER under authority of
the above captioned license, on or about 1 February 1973, Appellant
did wrongfully proceed at an immoderate speed in conditions of
reduced visibility due to fog in Southwest Pass thereby
contributing to a collision between said vessel and the M/V
SOCRATES and tow, the T/B ALLIED CHEMICAL No. 44.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification. | Appeal No. 1991 | Suspension and Revocation Appeals Authority | 10/26/1973 | 10/26/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1990 - BOURG | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's license for three months outright upon
finding him guilty of negligence. The specification found proved
alleges that while serving as operator on board the MV FIVE FORKS
under authority of the license above captioned on or about 4
February 1972, Appellant did negligently fail to provide for the
safety of one of the passengers Robert J. Ricaud, by permitting him
to disembark the vessel under hazardous conditions without
requiring the use of a lifesaving device, while the vessel was at
the Mobil Oil Drilling Rig Central Facility 129, Block 129, Eugene
Island area, Gulf of Mexico.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the
Certificate of death of Robert J. Ricaud and the testimony of two
members of the crew of the FIVE FORKS.
In defense, Appellant offered in evidence his own testimony
and that od a character witness. | Appeal No. 1990 | Suspension and Revocation Appeals Authority | 9/27/1973 | | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1989 - BOEUF | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 15 February 1973, an Administrative Law Judge
of the United States Coast Guard at New Orleans, Louisiana
suspended Appellant's seaman's documents for three months on twelve
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as a
TANKERMAN on board the United States Tank Barge LBT 20 under
authority of the document above captioned, on 14 January 1973,
Appellant wrongfully failed to properly supervise the loading of
BUNKER C to the said barge which resulted in No. 2 Port Tank
overflowing and thereby contributed to the pollution of the
navigable waters of the United States at mile 168 AHP, Lower
Mississippi River.
At the hearing, Appellant was represented by non-professional
counsel and entered a plea of not guilty to the charge and
specification. The Investigating Officer introduced in evidence the testimony
of an employee on the barge.
In defense, Appellant offered in evidence his own testimony
and that of a fellow employee.
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 Appellant for a period
of three months on twelve months' probation.
The entire decision and order was served on 21 February 1973.
Appeal was timely filed. | Appeal No. 1989 | Suspension and Revocation Appeals Authority | 9/7/1973 | 9/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1988 - STRULL | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 16 November 1972, an Administrative Law Judge
of the United States Coast Guard at New York, New York suspended
Appellant's license and seaman's documents for three months on nine
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Second
Assistant Engineer on board the SS AMERICAN LEADER under authority
of the license above captioned, on or about 14 September 1972,
Appellant did wrongfully assault and batter by gripping and shoving
with his hands a member of the crew, George C. Sawalich, First
Assistant Engineer.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Office introduced in evidence excerpts from
the shipping articles and official logbook and testimony of the First Assistant Engineer.
In defense, Appellant offered in evidence the testimony of A.
Hendy, a deck mechanic, and 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. He then served a written order
on Appellant suspending all documents issued to him for a period of
three months on nine months' probation.
The entire decision was served on 24 November 1972. Appeal
was timely filed. | Appeal No. 1988 | Suspension and Revocation Appeals Authority | 8/29/1973 | 8/29/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1987 - BROWN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 4 August 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 an Able Seaman on board United States SS HALCYON PANTHER
under authority of the document above captioned, on or about 10
September 1971, while the vessel was in the port of Subic Bay,
Republic of the Philippines, Appellant was wrongfully in 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 the testimony
of several witnesses, shipping documents of the SS HALCYON PANTHER, a bag of marijuana, and a laboratory report.
In defense, Appellant offered in evidence the testimony of a
co-respondent and certain documents.
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 revoking all documents
issued to him.
The entire decision was served on 9 August 1972. Appeal was
timely filed on 8 September 1972. A brief in support of appeal was
received on 9 July 1973. | Appeal No. 1987 | Suspension and Revocation Appeals Authority | 8/22/1973 | 8/22/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1986 - WATTS | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 13 September 1972, an Administrative Law Judge
of the United States Coast Guard at Port Arthur, Texas suspended
Appellant's license and seaman's documents for three months
outright upon finding him guilty of misconduct. The specification
found proved alleges that while serving as Master on board the SS
TEXACO MISSISSIPPI under authority of the license above described,
on or about 11 September 1969, Appellant did authorize the
discharge of an oily mixture from the vessel in violation of the
Oil Pollution Act of 1961 as amended.
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 the Chief Mate, three expert witnesses and the pilot of the
aircraft which detected the discharge, and ten exhibits.
In defense, Appellant offered in evidence the testimony of two
experts.
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 three months outright.
The entire decision and order was served on 27 September 1972.
Appeal was timely filed on 4 October 1972. | Appeal No. 1986 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1985 - CHRISTEN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 14 December 1971, an Administrative Law Judge
of the United States Coast Guard at Portsmouth, Va., revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a messman on board SS AMERICAN CORSAIR under authority
of the document above captioned, on or about 14 January 1971,
Appellant:
(1) failed to perform duties because of intoxication;
(2) assaulted one Charles G. PACE, pantryman, by setting fire
to his mattress while PACE was sleeping on it;
(3) threatened on several occasions to blow up AMERICAN
CORSAIR, which carried military explosives as cargo; and (4) carelessly lighted matches about the deck of the
explosive - carrying vessel.
At the hearing, commencing at San Francisco, California,
Appellant was represented by professional counsel. Appellant
entered a plea of not guilty to the charge and each specification.
At Appellant's request the hearing was transferred to Portsmouth,
Va., where Appellant did not appear.
The Investigating Officer introduced in evidence the testimony
of witnesses and voyage records of AMERICAN CORSAIR. | Appeal No. 1985 | Suspension and Revocation Appeals Authority | 8/9/1973 | 8/9/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1984 - RUIZ | 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 1 August 1972, an Administrative Law Judge of
the United States Coast Guard at Galveston, Texas, revoked
Appellant's seaman's documents upon finding him guilty of the
charge of "conviction for narcotic drug law violation." The
specification found proved alleges that Appellant was convicted on
17 April 1972 by District Court of Brazoria County, Texas, 23rd
Judicial District, a court of record, for violation of the narcotic
drug laws of the State of Texas.
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 certified
copy of the judgment of conviction and chemical analysis of the
substance found on Appellant's person.
In defense, Appellant offered in evidence a copy of the
offense report, Police Department, Freeport, Texas.
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 14 August 1972. Appeal was
timely filed on 12 September 1972. | Appeal No. 1984 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |
| Suspension and Revocation Appeals Authority | 1983 - SESNY | 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 28 February 1973, 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 Appellant was convicted for violation of
a narcotic drug law of the United States by the U.S. District Court
for the Southern District of California.
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 the record of
conviction despite Appellant's plea of guilty.
In mitigation, Appellant offered a copy of a two-page Customs
Report and made an informal statement. | Appeal No. 1983 | Suspension and Revocation Appeals Authority | 8/7/1973 | 8/7/1973 | | 12/21/2017 |