| Suspension and Revocation Appeals Authority | 1781 - SELENIUS | By order dated 8 May 1967, an Examiner or the United States
Coast Guard at Seattle, Washington, suspended Appellant's seaman's
documents for two months plus six months on ten months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as second electrician on board SS
NORTHWESTERN VICTORY under authority of the document above
captioned, Appellant:
1) on or about 13, 14, and 31 March 1967, and 1, 10, 11, and
12 April 1967, wrongfully failed to perform duties;
2) on 11 April 1967, wrongfully damaged ship's property, a
mattress in the ship's hospital; and
3) on 26 March 1967, created a disturbance aboard the
vessel. At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of nolo contendere to the charge and not
guilty to each specification.
The Investigating Officer introduced in evidence voyage
records of NORTHWESTERN VICTORY and the testimony of two witnesses.
In defense, Appellant made an unsworn statement.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of two months plus six
months on ten months' probation. | Appeal No. 1781 | Suspension and Revocation Appeals Authority | 11/7/1969 | 11/7/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1782 - LEWIS | By order dated 18 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington admonished Appellant upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as chief cook on board SS METAPAN under
authority of the document above captioned, on or about 26 December
1968, Appellant assaulted another member of the crew, one Delbert
E. Kemmerer.
A second specification, alleging that Appellant created a
disturbance aboard the vessel on the same occasion, was found not
proved.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence the testimony
of two witnesses, the testimony of Kemmerer (whose hearing was held
in joinder with that of Appellant), and certain voyage records of
METAPAN.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and first
specification had been proved by plea, with the second
specification not proved. The Examiner then entered an order
admonishing Appellant. | Appeal No. 1782 | Suspension and Revocation Appeals Authority | 12/17/1969 | 12/17/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1783 - LEE | By order dated 9 October 1968, an Examiner of the United
States Coast Guard at Jacksonville, Florida revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance AB on board USNS MISSION SANTA CRUZ under authority of
the document above captioned, Appellant on or about 5 February and
16 March 1962, failed to perform duties because of intoxication;
and, while serving as AB seaman on board SS WABASH under authority
of the document, on 9 January 1963, wrongfully had marijuana in his
possession.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The entire decision was served on 10 October 1968. Appeal was
timely filed on 22 October 1968 and perfected on 18 August 1969. | Appeal No. 1783 | Suspension and Revocation Appeals Authority | 2/12/1970 | 2/12/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1784 - KARLSSON | By order dated 23 December 1968, an Examiner of the United
States Coast Guard at New York, N. Y., revoked Appellant's seaman's
document upon finding him guilty of misconduct. The specifications
found proved allege that while serving as an engineer-crane
maintenance on board SS SEATRAIN FLORIDA under authority of the
document above captioned, Appellant:
(1) on 28 September 1967, at sea, disobeyed a lawful
order of the first assistant engineer not to enter
the the engine room of the vessel without first
advising the Chief or first assistant engineer and
to perform no functions in the engine room except
under proper supervision;
(2) on 5 October 1967, at Naha, Okinawa, attempted to
provoke the second assistant engineer into striking
him, and profanely defied that officer;
(3) on 5 October 1967, at Naha, Okinawa, threatened the
first assistant engineer with bodily harm; and
(4) on 5 October 1967, at Naha, Okinawa, failed to obey
a lawful order of the master to remain aboard the
vessel.
Appellant did not appear at the hearing after the first
session, at which he was not represented by counsel. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of SEATRAIN FLORIDA.
There was no defense offered. | Appeal No. 1784 | Suspension and Revocation Appeals Authority | 3/24/1970 | 3/24/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1785 - ADDISON | By order dated 29 August 1969, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended appellant's
seaman's documents for six months outright plus four months on six
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS LIMON under authority of the document above
captioned, Appellant on 23, 24, and 25 July 1969, at Bangkok,
Thailand, failed to perform his assigned duties.
At the hearing, Appellant elected to act as his own counsel.
A plea of not guilty was entered to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of LIMON. | Appeal No. 1785 | Suspension and Revocation Appeals Authority | 4/8/1970 | 4/8/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1786 - NICKELS | By order dated 25 April 1969, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellants
seaman's documents upon finding him guilty of the charge of
"conviction for a narcotic drug law violation." The specification
as found proved alleges that Appellant was on 8 September 1967
convicted of a violation of Section 11556 of the Health and Safety
Code, a narcotic drug law of the State of California, in the
Superior Court in and for the City and County of San Francisco.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge
specification.
The Investigating Officer introduced evidence of Appellant's
conviction on a plea of guilty
In defense, Appellant offered evidence of later action by the
Court. At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification as
amended had been proved. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1786 | Suspension and Revocation Appeals Authority | 4/9/1970 | 4/9/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1787 - BEARD | By order dated 19 August 1968, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS HARVARD VICTORY under authority of the document
above described, on or about 10 October 1966, Appellant, while the
vessel was at Saigon, Viet Nam, assaulted and battered by beating
with his fists and kicking with his feet a fellow crewmember, one
Alfred A. Bruce.
At the hearing, Appellant entered a plea of not guilty to the
charge and specification.
The Investigating Officer introduced in evidence a voyage
record of HARVARD VICTORY and the testimony of two witnesses
obtained by deposition on written interrogatories. In defense, Appellant offered in evidence the testimony of two
witnesses obtained by deposition on written interrogatories.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1787 | Suspension and Revocation Appeals Authority | 4/1/1970 | 4/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1788 - GUERR | By order dated 12 January 1970, an Examiner of the United
States Coast Guard at New York, New York, revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bedroom
steward on board SS SANTA MAGDALENA under authority of the document
above captioned, on or about 12 April 1969, Appellant:
1) wrongfully molested a minor female passenger, D. L. J.,
by caressing her body in a passenger stateroom while at
sea;
2) wrongfully invited the same minor female into an
otherwise unoccupied passenger stateroom while at sea;
and
3) wrongfully requested the same minor female to kiss him,
in a passenger stateroom while at sea.
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses taken in direct examination by oral deposition,
and voyage records of SANTA MAGDALENA.
In defense, Appellant offered in evidence the testimony
elicited by him on cross-examination of the three witnesses whom
the Investigating Officer had deposed. | Appeal No. 1788 | Suspension and Revocation Appeals Authority | 5/1/1970 | 5/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1789 - DAVIS | By order dated 12 March 1969, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a fireman/watertender on
board SSPIONEER GLEN under authority of the document above
captioned, on or about 5 March 1965, Appellant wrongfully had
marijuana in his possession.
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 PIONEER GLEN, the testimony of four officials of the
Bureau of Customs, and certain records of the Bureau.
In defense, Appellant offered in evidence his own testimony and that of the former master of PIONEER GLEN.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1789 | Suspension and Revocation Appeals Authority | 6/8/1970 | 6/8/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1790 - WEBER | By order dated 22 January 1969, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an
ordinary seaman on board SS COUNCIL BLUFFS VICTORY under authority
of the document above captioned, on or about 4 January 1969,
Appellant wrongfully had marijuana in his possession on board the
vessel at Seattle, Washington.
At the hearing, Appellant was represented by professional
counsel. appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two officials of the Bureau of Customs and that of one of
Appellant's roommates. He also introduced certain real evidence,
objects of a seizure made by a Customs agent and documentary records. An itemized documentary record of the seizure was later
substituted for the real evidence.
In defense, Appellant offered in evidence the testimony of his
other roommate and his own testimony.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1966 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1791 - LEE | By order dated 5 November 1968, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as Chief
Engineer on board SS OVERSEAS PROGRESS under authority of the
document and license above captioned, on or about 29 October 1968,
Appellant assaulted and battered with his hand one Ralph Wilcox, a
member of the crew.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of several witnesses. In defense, Appellant offered in evidence his own testimony
and that of his local union representative in Houston.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The examiner then entered an order suspending all documents
issued to Appellant for a period of six months outright plus six
months on twelve months' probation. | Appeal No. 1791 | Suspension and Revocation Appeals Authority | 6/22/1970 | 6/22/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1792 - PHILLIPS | By order dated 21 August 1969, an Examiner of the United
States Coast Guard at Providence, Rhode Island suspended
Appellant's seaman's documents for fifteen days upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as operator of the motorboat SURFMASTER III under
authority of the license above captioned, on or about 21 June 1969,
Appellant:
(1) while the vessel was underway off Block
Island, R.I., wrongfully carried for hire more
than six passengers; and
(2) wrongfully failed to provide sufficient life-saving
devices in serviceable condition while the vessel was
underway. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each of three specifications.
The Investigating Officer introduce in evidence the testimony
of two witnesses and certain documents.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and two
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of
fifteen days (A condition of the order will be discussed in the
Opinion below). | Appeal No. 1792 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1793 - FARIA | By order dated 14 August 1969, an Examiner of the United
States Coast Guard at Providence, R. I., suspended Appellant's
seaman's documents for fifteen days upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as operator of motorboat DOLLY B under authority of the
license above captioned, on or about 21 June 1969, Appellant:
(1) while operating on the waters off Block Island, Rhode
Island, wrongfully carried more than six passengers for
hire, and
(2) wrongfully failed to provide sufficient and serviceable
approved lifesaving devices.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.The Investigating Officer introduced in evidence the testimony
of two witnesses and certain documentary evidence.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all documents
issued to Appellant for a period of fifteen days, subject to
certain conditions. | Appeal No. 1793 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1794 - KELLY | By order dated 23 April 1968, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for six months upon finding him guilty of negligence.
The specifications found proved allege that while serving as pilot
on board SS TEXACO MASSACHUSETTS under authority of the license
above captioned, on or about 16 June 1966, Appellant:
1) while pilot of a privileged vessel in a crossing
situation failed to maintain course and speed as required
by 33 U.S.C. 206 in meeting SS ALVA CAPE;
2) also failed to sound a danger signal; and
3) failed to sound a three blast signal when backing in view
of ALVA CAPE. At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
Both sides had ample time to introduce evidence. The hearing
lasted from 5 August 1966 to sometime in 1968. Much evidence
including testimony of witnesses and about one hundred exhibits was
introduced by both sides.
On 23 April 1968 the Examiner rendered a written decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1794 | Suspension and Revocation Appeals Authority | 6/18/1970 | 6/18/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1795 - COATES | By order dated 2 December 1969, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, suspended
Appellant's seaman's documents for one year upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as a wiper on board SS HOPE, at Colombo, Ceylon, under
authority of the document above captioned, Appellant:
1) on 4 August 1968, failed to stand a 1600-2000 watch;
2) on 9 October 1968, was absent from duties from 1600-2400;
3) on 10 October 1968, wrongfully left his duty station
during the 1600-2400 watch and was "found lying in [his]
bunk at approximately 1815 hours, this being the second
offense of this nature";
4) on 27 November 1968, wrongfully left his duty station at
1030 and remained absent for the rest of the day; and
5) on 2 January 1969 failed to report for duty on time and,
after being admonished for tardiness, left the duty
station and failed to turn to;
and, while so serving when the vessel was at sea:
6) on 17 March 1969, failed to perform his assigned duties;
7) on 19 March 1969, failed to perform duties because of
intoxication; and
8) on 20 March 1969, failed to perform duties because of
intoxication.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1795 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1796 - GARCIA | By order dated 20 January 1969, an Examiner of the United
States Coast Guard at New York, N.Y., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bedroom
steward on board SS ARGENTINA under authority of the document above
captioned, on or about 13 January 1968, Appellant, at Port
Everglades, Florida:
(1) assaulted and battered a fellow crewmember, one Samuel
Alston,, by slapping him with his hand;
(2) created a disturbance in the passageway leading from the
crew messroom; and
(3) assaulted and battered Alston by stabbing him with a
deadly weapon a knife.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence the testimony
of certain witnesses, records of the Broward General Hospital
(Fla.), and voyage records of ARGENTINA.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved. The Examiner then entered an order revoking all documents
issued to Appellant. | Appeal No. 1796 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/26/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1797 - TODD | By order dated 15 July 1969, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for three months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a chief steward on board SS AZALEA CITY under authority
of the document above captioned, on or about 21 June 1968,
Appellant failed to obey an order of the master not to permit the
keys to the ship's storeroom to come into the possession of other
crew
members,and that, while so serving aboard SS ACHILLES Appellant on
14 February 1968 failed to obey an order of the master to place all
ship's stores in proper storage spaces.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of AZALEA CITY and ACHILLES, and the testimony of two
witnesses.
Appellant offered no defense except for a letter which he
addressed to the Examiner at the Examiner's suggestion. The letter denies that the alleged offenses occurred. | Appeal No. 1797 | Suspension and Revocation Appeals Authority | 6/26/1970 | 6/16/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1798 - MACK | By order dated 22 August 1969, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for twelve months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an Able seaman on board SS WHITTIER VICTORY under
authority of the document above captioned Appellant:
(1 on 25, 26, and 27 June 1969, at a foreign port, was
absent form the vessel without authority;
(2) on 14 July 1969, at Naha, Okinawa, was absent from
the vessel without authority; and
(3) failed to join the vessel on 15 July 1969 at Naha.
At the hearing, Appellant elected to act as his own
counsel. Appellant entered a plea of guilty to the
charge and each specification.
The Investigating Officer introduced no evidence but added a
statement that Appellant had rejoined the vessel at another port
after the failure of 15 July 1969.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specifications had been
proved by plea. The Examiner then entered an order suspending all
documents issued to Appellant for a period of twelve months. | Appeal No. 1798 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1799 - POWE | By order dated 28 August 1969, an Examiner 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 alleges that while serving as a
cook/baker on board SS AUSTRALIAN GULF under authority of the
document above captioned, on or about 24 November 1968, Appellant
wrongfully had in his possession 66 Grams of marijuana while the
vessel was at Brooklyn, New York.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of two witnesses and a Customs laboratory report of analysis.
In defense, Appellant offered no evidence. | Appeal No. 1799 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1680 - BEALS | By order dated 29 August 1967, an Examiner 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 radio officer on board the United States SS WILLAMETTE
VICTORY under authority of the document and license above
described, on or about 2 June 1967, Appellant wrongfully had
marijuana in his possession while the vessel was at Qui Nhon,
Vietnam.
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 several witnesses and an envelope containing a hand-folded packet which, in turn, contained a "brownish grassy looking
substance," identified on the record as marijuana. This real
evidence was delivered back to an employee of the Bureau of
Customs, and a written description was substituted in the record.
In defense, Appellant testified in his own behalf. | Appeal No. 1680 | Suspension and Revocation Appeals Authority | 2/29/1968 | 2/29/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1681 - HENDRICKS | By order dated 27 July 1967, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for six months outright plus six months on 18
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a
fireman/watertender on board the United States SS MANDERSON VICTORY
under authority of the document above described, on or about 8 and
9 June 1967, Appellant failed to stand four sea watches because of
intoxication while the vessel was at Honolulu, Hawaii.
Appellant did not appear for hearing. The Examiner entered a
plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of MANDERSON VICTORY.
At the end of the hearing, the Examiner rendered written decision in which concluded that the charge and specification had
been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of six months outright
plus six months on 18 months' probation.
The entire decision was served on 2 August 1967. Appeal was
timely filed on 17 August 1967. Although Appellant was furnished
a transcript of proceedings at his request, on 28 August 1967, no
further perfection of his Appeal was made beyond the original
notice. | Appeal No. 1681 | Suspension and Revocation Appeals Authority | 3/5/1968 | 3/5/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 2717 - CHESBROUGH III | By a Decision and Order (hereinafter "D&O") dated July 26, 2016, an Administrative Law
Judge (hereinafter "ALJ") of the United States Coast Guard revoked the Merchant Mariner
Credential of Mr. Richard Albert Chesbrough, the Respondent, upon finding proved two
specifications of misconduct and one specification of conviction of an offense that would preclude
issuance of a Coast Guard MMC.
The misconduct allegations found proved were those set forth in Allegation Number Two (making a false statement in a casualty investigation) and Allegation Number Three (attempting to
induce a witness to testify falsely in connection with a marine casualty) of the Complaint.
Allegation Number Six of the Complaint (conviction of an offense that would prevent the issuance
or renewal ofa MMC) was also found proved.
FACTS
At all relevant times, Respondent was the holder of a Merchant Mariner Credential issued
to him by the United States Coast Guard.
The MN WILLAMETTE QUEEN is a fiberglass-hulled stemwheeler constructed in 1990.
[D&O at 3; Tr. Vol. Ip. 22] WILLAMETTE QUEEN's length is 87 feet overall; its hull and
engine comprise 65 feet of that distance while the stemwheel and its protective girder make up the
remainder. [D&O at 3; Tr. Vol. I at 22, 30]. The vessel has a draft of three feet. [D&O at 3; Tr.
Vol. I at 25] | Appeal No. 2717 | Suspension and Revocation Appeals Authority | 12/27/2017 | 12/27/2017 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1578 - INGHAM | By order dated 2 December 1965, an Examiner of the United
States Coast Guard at New York, New York, revoked seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board the United States SS FLYING ENTERPRISE II, under authority
of the document above described, on or about 29 May 1964, Appellant
wrongfully had a quantity of marijuana in his possession aboard the
ship.
A second specification, dismissed by the Examiner but
mentioned here because of its bearing on the appeal, was that
Appellant, while so serving, had wrongfully purchased marijuana in
Panama on 25 May 1964.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each and each specification.
several witnesses taken in San Juan, Puerto Rico, in the
presence of Appellant's counsel.
In defense, Appellant offered nothing by way of affirmative
evidence.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and the first specification had
been proved. The Examiner entered an order revoking all documents
issued to Appellant. | Appeal No. 1578 | Suspension and Revocation Appeals Authority | 8/17/1966 | 8/17/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1579 - HARRISON | By order dated 11 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for twelve months outright upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as chief mate and third mate on board the
United States SS GEORGE S. LONG under authority of the document and
license above described, Appellant
1) on or about 31 December 1965 and 2 January 1966,
wrongfully failed to perform duties because of
intoxication; and
2) on or about 17 December 1965, did "wrongfully take
and allow to be given away with intent to deprive
the owner certain ship's property."
At the hearing, appellant did not appear. The Examiner entered plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence certain
documents.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and all
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of twelve
months. | Appeal No. 1579 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1580 - CRAIG | By order dated 7 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month upon finding him guilty of
misconduct. The specification as found proved alleges that while
serving as master on board the United States SS REMSEN HEIGHTS
under authority of the document and license above described, on or
about 11 February 1966, Appellant, while the vessel was at sea,
wrongfully addressed the radio officer with threatening language,
the exact words, or substance of which, were: "There is the first
S.O.B. I'm going to shoot."
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 radio officer, and of the first and third assistant engineers.
In defense, Appellant offered in evidence his own testimony
and that of the purser.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of one month. | Appeal No. 1580 | Suspension and Revocation Appeals Authority | 8/26/1966 | 8/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1581 - VEDDER | By order dated 4 June 1964, an Examiner of the United States
Coast Guard at Long Beach, California, revoked Appellant's seaman's
documents upon finding him guilty of misconduct and incompetent.
Two charges were brought against Appellant, one of
"Misconduct," one of "Incompetence." Both charges were found
proved. In view of my opinion of this matter, expressed below, no
further analysis of the proceedings is necessary at this time. | Appeal No. 1581 | Suspension and Revocation Appeals Authority | 8/31/1966 | 8/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1582 - WRET | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's seaman
documents for 3 months outright plus 3 months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board the
United States SS EVANTHIE under authority of the document above
described, on or about 24 February 1966, Appellant wrongfully
engaged in mutual combat with a ship's officer, one Porter Bodine,
the second assistant engineer.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of the second assistant and of the chief engineer, as well as
records from the shipping articles and from the official log book.
In defense, Appellant offered in evidence testimony from a
wiper and from the chief officer of the vessel at the time in
question. A statement of Appellant had already been admitted into
evidence along with the official log book record.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of 3
months outright plus 3 months on 12 months' probation. | Appeal No. 1582 | Suspension and Revocation Appeals Authority | 9/2/1966 | 9/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1583 - GAMACHE | By order dated 1 December 1965, an Examiner of the Unite
States Coast Guard at Portland, Maine, suspended Appellant
Gamache's license for one month outright plus two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as pilot on
board the United States SS LOUISIANA BRIMSTONE under authority of
the license above described, on or about 7 August 1965, Appellant
Gamache operated the vessel at immoderate speed in fog, thereby
contributing to a collision with SS CANTERBURY LEADER.
By order of 2 December 1965, at the same place, the Examiner
suspended Appellant Maxwell's license for two months on nine
months' probation upon finding him guilty of negligence. The
specification found proved alleges that while serving as master
aboard the LOUISIANA BRIMSTONE under authority of his license, on
or about 7 August 1965, Appellant Maxwell permitted the vessel to
be operated at immoderate speed in fog, thereby contributing to a
collision with CANTERBURY LEADER.
At the hearing, Appellants were represented by professional
counsel. Appellants entered pleas of not guilty to the charges and
specifications.
The Investigating Officer introduced in evidence the testimony
of both Appellants and certain Ship's records.
In defense, Appellants offered in evidence statements of other
personnel employed aboard the LOUISIANA BRIMSTONE.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charges and specifications had been
proved. The Examiner then served written orders on Appellants
suspending their licenses as described above. | Appeal No. 1583 | Suspension and Revocation Appeals Authority | 9/7/1966 | 9/7/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1585 - WALLIS | By order dated 14 April 1966, an Examiner of the United States
Coast Guard at Tampa, Florida, suspended Appellant's seaman's
documents for 4 months outright plus 4 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a fireman-watertender on board the
United States SS ADABELLE LYKES under authority of the document
above described, on or about 17 March 1966, Appellant wrongfully
failed to perform his duties on the 2000-2400 watch in a foreign
port.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
However, he disclosed to the Examiner that he was on probation at
the time of the offense. When the Examiner warned him that any
suspension previously ordered on probationary terms would have to
be invoked if he were found guilty, Appellant elected to change his
plea to "not guilty".
The Investigating Officer introduced in evidence extracts from
the articles and official log book of ADABELLE LYKES.
In defense, Appellant offered in evidence his own testimony
and that of his mother.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order suspending all
documents issued to Appellant for a period of 4 months outright
plus 4 months on 18 months' probation. | Appeal No. 1585 | Suspension and Revocation Appeals Authority | 9/13/1966 | 9/13/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1586 - WALLIS | By order dated 15 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California, suspends Appellant's
seaman's documents for six months outright plus six months on
twelve months' probation upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
fireman-watertender on board the United States SS JAVA MAIL under
authority of the document above described, on or about 10 August
1965, Appellant did "at or about 0130 hours, wrongfully fail to
perform your duties while the vessel was at Calcutta, India, having
been relieved for sleeping on watch and being under the influence
of liquor."
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence, to explain
the facts of the case, an entry in the Official Log Book of JAVA
MAIL.In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
suspending all documents issued to Appellant for a period of six
months outright plus six months on twelve months' probation. | Appeal No. 1586 | Suspension and Revocation Appeals Authority | 9/15/1966 | 9/15/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1587 - ROBERTSON | By order dated 19 May 1966, an Examiner 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
a narcotic drug law violation." The specification found proved
alleges that while as a holder of a merchant mariner's document
above described, on or about 22 April 1966, Appellant was convicted
in the United States District Court for the Southern District of
Texas, Houston Division, for violation of a narcotic drug law of
the United States, to wit: acquiring marihuana without having paid
the transfer tax, in violation of 26 U.S.C. 4744(a) (1).
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
A certified copy of the judgment of conviction alleged in the
specification was introduced into evidence.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1587 | Suspension and Revocation Appeals Authority | 9/26/1966 | 9/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1588 - INGRAM | By order dated 30 June 1966, an Examiner of the United States
Coast Guard at Duluth, Minnesota, suspended Appellant's seaman's
documents for three months outright plus nine months on eighteen
months' probation upon finding him guilty of misconduct. This
specification found proved alleges that while serving as a Third
assistant engineer on board the United States SS CLIFFORD F. HOOD
under authority of the document and license above described, on or
about 29 September 1965, Appellant wrongfully assaulted and
battered, with a piece of pipe, a member of the crew, one Ralph
Gates, causing injury.
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 several witnesses.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved. The Examiner than entered an order suspending all
documents issued to Appellant for a period of three months outright
plus nine months on eighteen months' probation. | Appeal No. 1588 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1589 - PANCHECO | By order dated 20 May 1965, an Examiner of the United States
Coast Guard at San Francisco, California, formally admonished
Appellant upon finding him guilty of misconduct. The specification
alleged that while serving as Boatswain on board the United States
SS PRESIDENT HARDING under authority of the document above
described, on or about 10 February 1965, 23 February 1965, and 18
March 1965, Appellant wrongfully used profane and abusive language
in a belligerent attitude toward the Chief Mate.
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 ship's
log for 10 February 1965 and 18 March 1965 and testimony of the
Master, Chief Mate, and Third Mate of the SS PRESIDENT HARDING.
Appellant testified under oath in his own defense.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order admonishing Appellant. | Appeal No. 1589 | Suspension and Revocation Appeals Authority | 11/7/1966 | 11/7/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1590 - FOSTER | By order dated 31 May 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for one month outright plus two month on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as oiler on
board the United States SS EXERMONT under authority of the document
above described, Appellant wrongfully failed to perform duties on
23 and 24 April 1966, at Cam Ranh Bay, and from 28 April 1966
through 4 May at Nha Trang, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and each
specification.
Appellant offered in mitigation a statement detailing the
difficulties of working an ole, reactivated ship, under oppressive
weather conditions.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved by plea. The Examiner then entered an oral order
suspending all documents issued to Appellant for a period of three
months on twelve months' probation.
Four days later the Examiner entered a written decision
containing an order suspending Appellant's documents for one month
outright, plus two months on twelve months' probation. | Appeal No. 1590 | Suspension and Revocation Appeals Authority | 11/2/1966 | 11/2/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1591 - VAUGHAN | By order dated 30 August 1965, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for 6 months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an ordinary seaman on board the United States USNS PECOS
under authority of the document above described, Appellant.
(1) on or about 1 May 1963 at Sasebo,
Japan, failed to perform duties by
reason of intoxication;
(2) on or about 5 June 1963 at Inchon,
Korea, wrongfully failed to perform
duties;
(3) on or about 7 June 1963 at Pusan,
Korea, at sea, and at Sasebo, Japan,
wrongfully failed to perform duties;
(4) on or about 7 June 1963 at Pusan,
Korea, at sea, and at Sasebo, Japan,
wrongfully failed to perform duties;
(5) on or about 8 June 1963 at Sasebo,
Japan, wrongfully failed to perform
duties;
(6) on or about 10 and 11 July 1963 at
Inchon, Korea, wrongfully failed to
perform duties;
(7) on or about 16 and 17 July 1963 at
Inchon, Korea, wrongfully failed to
perform duties;
(8) on or about 21 July 1963 at Sasebo,
Japan, wrongfully failed to perform
duties; | Appeal No. 1591 | Suspension and Revocation Appeals Authority | 11/30/1966 | 11/30/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1592 - BUFFINGTON | By order dated 28 January 1966, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman documents for three months upon finding him
guilty of misconduct. The specification found proved alleges that
while serving as a deck utility on board the United States SS SAN
JOSE under authority of the document above described, on or about
15 December 1965, Appellant wrongfully refused to obey a lawful
order of the master to go aloft to assist in painting the foremast
of the vessel when the ship was at anchor in the mouth of the
Saigon Rive, Vietnam.
At the hearing, appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification, but readily admitted that he refused to obey the
order. He contested only the wrongfulness of the refusal.
The Investigating Officer was precluded from entering any evidence because Appellant had immediately assumed the burden of
proceeding by his admission.
In defense, Appellant offered in evidence his explanation of
why he had refused to obey the order. When the Investigating
Officer offered evidence in rebuttal, the Examiner declared that it
was not necessary in view of the testimony of Appellant.
At the end of the hearing, held on 18 January 1966, the
Examiner reserved decision. On 28 January 1966, the Examiner
rendered a written 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 three
months. Service of decision was accomplished on 4 February 1966.
Appellant filed notice of appeal on 8 February 1966 and asked for
a transcript of proceedings. This was furnished to him on 16 March
1966. Subsequent correspondence has added nothing to the grounds
for appeal originally urged. | Appeal No. 1592 | Suspension and Revocation Appeals Authority | 12/8/1966 | 12/8/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1593 - ARCHIBALD | By order dated 30 September 1964, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for three months upon finding him guilty of
inattention to duty. The specification found proved alleges that
while serving as master on board the United States SS GREEN LAKE
under authority of the license above described, on or about 11 July
1964, Appellant failed to take adequate precautions to guard
against approaching St. John Island Light too closely, contributing
thereby to the grounding to the charge and specification.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence testimony of
the chief mate and second mate of the vessel.
Appellant offered no affirmative defense.
At the end of the hearing, the Examiner reserved decision. He
then rendered a written decision in which he concluded that the
charge and specification had been proved. The Examiner then
entered an order suspending all documents issued to Appellant for
a period of three months. Attempted service by registered mail
failed.
The entire decision was served on 26 April 1966. Appeal was
timely filed on 29 April 1966. | Appeal No. 1593 | Suspension and Revocation Appeals Authority | 12/8/1966 | 12/8/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1594 - RODRIGUEZ | By order dated 29 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, 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 a holder of MMD Z-1000286 Appellant was, on or
about 23 November 1959, convicted of a violation of a narcotic drug
law of the State of Texas in Criminal District Court No. 5 of
Harris County, Texas.
Appellant was served with charges, as stated above, at San
Francisco, on 3 March 1966 and hearing was opened that date. It
appears that Appellant moved for a change of venue to Houston,
Texas, so that he could procure counsel of his choice. The motion
was granted. Hearing was reconvened in Houston on 18 March 1966,
and postponed until 28 April 1966, at which time Appellant was
represented by professional counsel. Appellant entered a plea of
guilty to the charge and specification.
Appellant testified in his own behalf, and offered evidence of
good conduct since his conviction.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1594 | Suspension and Revocation Appeals Authority | 12/13/1966 | 12/13/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1595 - SAMMONS | By order dated 20 December 1965, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman documents for six months outright plus six months on twelve
months' probation upon finding him guilty of misconduct. The two
specifications found proved allege that while serving as Ordinary
Seaman on board the United States SS REUBEN TIPTON under authority
of the document above described, on or about 9 April 1965,
Appellant failed to perform his regular assigned duties and
wrongfully absented himself from the REUBEN TIPTON while it was in
the port of Lake Charles, Louisiana; and assaulted and battered the
Chief Mate on board the vessel while it was in the port of Lake
Charles,Louisiana.
At the hearing, Appellant entered a plea of not guilty to the
charge and each specification. Appellant was present without
Counsel when the hearing was convened on the afternoon of 24 May
1965, and was continued until the mornings of 8 August and 22 October. On both occasions, the person charged was not present but
he was represented by professional Counsel. In order to give
Counsel time in which to locate the person charged, the hearing was
again continued until the morning of 8 December. Prior to the
final hearing, Counsel stated to the Investigating Officer that
efforts to locate the person charged were unsuccessful and in view
of the fact that a stipulation had been made as to the testimony of
three potential defense witnesses, he would rest his case without
further appearance. Hence, the hearing was concluded on 8 December
1965 in absentia.
The Investigating Officer introduced into evidence a certified
extract from the Shipping Articles, a certified copy of Official
Logbook entries, testimony of the Chief Mate, and the deposition of
the Master. | Appeal No. 1595 | Suspension and Revocation Appeals Authority | 12/15/1966 | 12/15/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1596 - TORRES | By order dated 4 April 1966, an Examiner of the United States
Coast Guard at New York, New York, revoked Appellant's seaman's
documents after finding him guilty of misconduct. The
specifications found proved alleged that appellant:
(1) while serving as an elevator operator aboard SS
UNITED STATES, did, on 27 February 1965, at sea, wrongfully molest
a female passenger by placing his arms around her and kissing her;
(2) did, on the same occasion, wrongfully address the
same female passenger in improper and suggestive language; and
(3) while serving as a first class waiter on board the
same vessel, did, on 10 September 1965, when the ship was in New
York, wrongfully molest a female by placing his arms around her and
kissing her in a lascivious manner. At the hearing, Appellant was represented by professional
counsel, and entered a plea of not guilty to the charge and
specifications.
The Investigating Officer introduced into evidence the
testimony of several witnesses and documentary evidence.
Appellant introduced the testimony of several witnesses and
several documents. Appellant also testified himself. | Appeal No. 1596 | Suspension and Revocation Appeals Authority | 12/15/1966 | 12/15/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1597 - JOHNSON | In this case there are two appeals involved. Both are taken
in accordance with Title 46 United States Code 239 (g) and Title 46
Code of Federal Regulations 137.30-1. Two different orders of
Examiners are appealed from, one entered at San Francisco,
California, on 30 September 1965, the other entered at Baltimore,
Maryland, on 27 April 1966. In both cases, Appellant was found
guilty of misconduct.
In San Francisco case the specifications found proved alleged
that Appellant, while serving as second mate aboard the United
States SS C. R. MUSSER under authority of the captioned license and
document, on or about 29 June 1965, at Madras, India, was
wrongfully asleep while on watch, and on or about 1 July 1965 at
Madras, India, wrongfully failed to perform duties by reason of
intoxication.
At the hearing, held on 26 August 1965, Appellant elected to
act as his own counsel and entered a pleas of guilty to the charge
and each specification.
At the end of the hearing the Examiner reserved decision.
On 30 September 1965, the Examiner entered a written decision
in which he concluded that the charge and specifications had been
proved by plea. He also entered a written order suspending all
documents issued to Appellant for a period of four months on twelve
months's probation.
The Examiner attempted to serve this decision and order upon
Appellant by registered mail. He was unsuccessful.
In the Baltimore case, the fourteen specifications found
proved alleged that Appellant, while serving as third mate aboard
the United States SS GARDEN STATE, between 14 February and 11 March
1966, in various ports or at sea, wrongfully failed to perform
duties because of intoxication, was wrongfully absent from the
vessel, or wrongfully possessed or drank intoxicating liquor aboard
the vessel. | Appeal No. 1597 | Suspension and Revocation Appeals Authority | 12/29/1966 | 12/29/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1598 - RAMOS | This matter has been submitted for reconsideration of the two
months outright suspension plus two months on twelve months
probation adopted by my order of 20 January 1967 as a result of my
affirmation of the Examiner's findings that the Appellant
wrongfully had in his possession a switchblade knife and wrongfully
attempted to smuggle liquor into the United States while serving as
chief reefer engineer on the United States SS SANTA PAULA on 25 March 1966.
Appellant's counsel requests a modification of the order based
on the Appellant's long record of service, past good conduct and
the fact that he has already suffered considerable financial
hardship resulting from the above incident. Upon reconsideration
it has been determined that these factors should be given more
significance. Accordingly, the order has been modified. | Appeal No. 1598 | Suspension and Revocation Appeals Authority | 1/20/1967 | 1/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1599 - VIOLETTE | By order dated 7 December 1965, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, suspended
Appellant's seaman documents for 12 months outright upon finding
him guilty of misconduct. The two specifications found proved
allege that while serving as an oiler on board the United States SS
BALTIMORE TRADER under authority of the document above described,
on or about 26 and 27 October 1965, while said vessel was at sea,
Appellant wrongfully failed to perform his duties due to
intoxication.
Two days before the hearing was scheduled on 24 November 1965,
the Investigating Officer notified the Appellant by serving him a
summons. Because of the impression the Appellant gave that he
would not appear, the Investigating Officer stated to him that the
hearing would, in that case, be held in absentia. To acknowledge
that the Appellant fully understood this fact, he was required to
sign a statement. Nevertheless, the Appellant did not appear at the hearing and it was held in absentia.
At the hearing on 24 November 1965 a plea of not guilty to the
charge and each specification was entered by the Examiner for the
absent seaman after motion was made by the Investigating officer
that the hearing proceed without Appellant. The Investigating
Officer's reason for making this motion was that he had a witness
present who would not be available at a later time.
The Investigating Officer introduced into evidence the
testimony of the witness (the Third Assistant Engineer) and various
documentary evidence. | Appeal No. 1599 | Suspension and Revocation Appeals Authority | 1/27/1967 | 1/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1600 - CARRASQUILLO | By order dated 29 April 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman
documents for 9 months outright plus 9 months on 24 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board the
United States SS PIONEER MYTH under authority of the document above
described, on or about 4 February 1966, Appellant wrongfully
assaulted and battered a fellow crewmember with a fishing gaff on
board the vessel at San Fernando, Republic of the Philippines.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence certain
documents and the testimony of several witnesses. In defense, Appellant offered in evidence his own testimony,
plus that of three other witnesses who testified as to prior acts
of the alleged victim of the alleged assault.
At the end of the hearing, the Examiner reserved decision, on
31 March 1966.
On 29 April 1966, the Examiner entered an order suspending all
documents issued to Appellant for a period of nine months outright
plus nine months on twenty-four months' probation. | Appeal No. 1600 | Suspension and Revocation Appeals Authority | 1/31/1966 | 1/31/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1601 - CARPENTER | By order dated 21 March 1966, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman documents for two months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as Second Assistant Engineer on board the United States SS
AFRICAN LAKE under authority of the license above described, on or
about 2 January 1966, Appellant failed to join his vessel upon its
departure from Saigon, Vietnam.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigation Officer introduced in evidence the ship's
Official Logbook.
In defense, Appellant offered in evidence his own testimony and documentary evidence consisting of two prescriptions for drugs,
both dated 30 December 1965. | Appeal No. 1601 | Suspension and Revocation Appeals Authority | 3/24/1967 | 3/24/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1602 - O'NEILL | By order dated 22 July 1966, an Examiner of the United States
Coast Guard at New York, New York suspended Appellant's seaman
documents for twelve months outright upon finding him guilty of
misconduct. The six specifications found proved allege that while
serving as an able seaman on board the United States SS ROBIN
LOCKSLEY under authority of the document above described, between
6 April and 6 July 1966, Appellant wrongfully failed to perform his
duties on five occasions and failed to join his ship on departure
from a domestic port.
At the hearing on 13 July 1966, Appellant was not present or
represented although he had been summoned to appear when served
with the charge and specifications on 11 July. The Examiner
entered a plea of "not guilty" to each of the specifications on
behalf of Appellant and the hearing was conducted in absentia.
The Investigating Officer introduced in evidence several documents including entries in the ship's Official Logbook
pertaining to the offenses alleged.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specifications
had been proved. The Examiner then entered the above order of
suspension. | Appeal No. 1602 | Suspension and Revocation Appeals Authority | 4/21/1967 | 4/21/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1603 - WHITE | By order dated 12 October 1965, an Examiner of the United
States Coast Guard at Port Arthur, Texas suspended Appellant's
seaman's document for three months, upon findings him guilty of
misconduct. The specifications found proved allege that while
serving as chief mate on board the United States USNS MISSION SAN
RAFAEL under authority of the document and license above described.
(1) On or about 28 or 29 April 1964, at
Beaumont, Texas, wrongfully caused
Grade "B" cargo to be transferred
into a cofferdam, "thereby altering
the character of the cofferdam as
defined in Title 46 CFR 30.10-13;"
(2) On or about 28 April 1964 and 3 July
1965, "while said vessel was at Sea," wrongfully caused alterations
to the cargo piping system in
violation of 46 CFR 30.01-10;
(3) On or about 28 and 29 April 1964, at
Beaumont, Texas, wrongfully caused
cargo to be transferred over the
deck through an open ended hose into
an open hatch, in violation of 46
CFR 35.35-20(d);
(4) On or about 28 and 29 April 1964, at
Beaumont, Texas wrongfully caused
the transfer of cargo into an
improperly vented compartment, in
violation of Title 46 CFR
32.55-30(c); and
(5) On or about 18 May, 27 May, 11 June
and 4 July 1965, at sea, wrongfully
caused the transfer of cargo over
the deck through an open ended hose
into an open hatch, in violation of
46 CFR 35.35-20(d).
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1603 | Suspension and Revocation Appeals Authority | 4/20/1967 | 4/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1604 - ANTALAN | By order dated 16 September 1966, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Steward
Utility on board the United States SS CHARLES LYKES under authority
of the document above described, on or about 27 August 1966,
Appellant wrongfully battered a fellow crewmember with a bottle.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the Shipping
Articles and official Logbook of the vessel, and the testimony of
two witnesses to the incident.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued the Appellant. | Appeal No. 1604 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1605 - ZIMMER | By order dated 26 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for three months on twelve months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a deck maintenance man on board the
United States SS GUAM BEAR under authority of the document above
described, on or about 13 December 1965 Appellant used foul and
abusive language toward and threatened the lives of two Customs
officers engaged in the execution of their duties.
A specification alleging that Appellant wrongfully brought
into the United States certain merchandise without declaring it,
and a specification alleging intimidation of U. S. Customs officers
in the performance of their official duties were found not proved.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence certified
extracts from the Shipping Articles for the SS GUAM BEAR for the
voyage commencing 29 October 1965 and 13 December 1965, on which
Appellant was a crew member. The two Customs officers testified
with respect to the incident giving rise to the charge and
specifications.
In defense, Appellant offered in evidence the testimony of a
companion who stated that he did not hear the Customs officers say
anything about the alleged threat. Appellant testified in his own
behalf and admitted the use of profane language but stated he did
not remember threatening the lives of the officers.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and one
specification had been proved. The Examiner then entered an order
suspending all documents, issued to Appellant, for a period of
three months on twelve months' probation. | Appeal No. 1605 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1606 - RICHARDSON | By order dated 28 July 1966, an Examiner of the United States
Coast Guard at New Orleans, Louisiana suspended Appellant's seaman
documents for two months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an able Seaman on board the United States SS DOUGLASS
VICTORY under authority of the document above described, Appellant
was absent without leave on two dates, on or about 3 June 1966 and
20 June 1966, and failed to perform his duties on three dates, on
or about 11 July 1966, 12 July 1966 and 13 July 1966, the last two
of which were due to intoxication.
Since Appellant was not present or represented at the hearing,
the Examiner entered pleas of not guilty on behalf of Appellant and
conducted the hearing in absentia.
The Investigating Officer introduced in evidence certified
extracts from the Shipping Articles showing Appellant to be a member of the crew at the times alleged in the specifications, and
the Official Log of the vessel containing entries concerning the
allegations of the five specifications.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and five
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months outright. | Appeal No. 1606 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |