| Suspension and Revocation Appeals Authority | 1661 - TERREAULT | By order dated 18 February 1967, an Examiner of the United
States Coast Guard at New York, N. Y. suspeneded Appellant's
liscense for three months upon finding him guilty of negligence.
The specifications found proved allege that while serving as master
on board the SS MORANIA MARLIN under authority of the license above
described, on or about 12 January 1966, Appellant failed to keep to
the right in a narrow channel (33 U.S.C. 210) and failed to keep
out of the way as burdened vessel in a crossing situation (33
U.S.C. 204), both faults contributing to collision with MV PATRICIA
MORAN.
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 the pilot of PATRICIA MORAN.
In defense, Appellant offered in evidence his own testimony,
but only as to the first specification.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and both
specifications had been proved. The Examiner entered an order
suspending Appellant's license for a period of three months. | Appeal No. 1661 | Suspension and Revocation Appeals Authority | 10/5/1967 | 10/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1662 - TUCKER | By order dated 23 December 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's seaman
documents for 12 months outright plus 6 months on 18 months'
probation upon finding him guilty of misconduct. The
specifications allege that while serving as an able seaman on board
the United States SS U. S. BUILDER, under authority of the document
above described, (1) on or about 10 November 1966, Appellant
wrongfully failed to perform his assigned duties between 1300 and
1700 hours by reason of being absent from the vessel while it was
in a foreign port; (2) on or about 15 November 1966, Appellant
wrongfully failed to perform his assigned duties between 0800 and
1700 hours by reason of being absent from the vessel while it was
in a foreign port; (3) on or about 16 November 1966, Appellant
wrongfully failed to perform his assigned duties between 0800 and
1700 hours by reason of being absent from the vessel while it was
in a foreign port; (4) on or about 17 November 1966, Appellant
wrongfully failed to perform his assigned duties by reason of being absent from the vessel while it was in a foreign port; (5) on or
about 18 November 1966, Appellant wrongfully failed to perform his
assigned duties between 0800 and 1600 hours while the vessel was in
a foreign port; and (6) on or about 19 November 1966, Appellant
wrongfully failed to perform his assigned duties between 0000 and
0400 hours, due to being in a state of intoxication, while the
vessel was at sea. | Appeal No. 1662 | Suspension and Revocation Appeals Authority | 10/5/1967 | 10/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1663 - GONZALEZ | By order dated 6 October 1966, an Examiner of the United
States Coast Guard at New York, N.Y., suspended Appellant's seaman
documents for 2 months outright plus 4 months on 18 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a general
utility on board the United States SS UNITED STATES under authority
of the document above described, on or about 5 August 1966, while
the vessel was at sea, Appellant (1) did wrongfully assault Jasper
L. Nichols, the assistant second steward, by shaking his fist at
Mr. Nichols; (2) did wrongfully assault and batter Mr. Nichols; and
(3) did wrongfully threaten to kill Mr. Nichols.
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 introduced in evidence entries from the ship's Shipping Articles and its Official Logbook and the
testimony of Mr. Nichols.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and three
specifications had been proved. The Examiner then entered an order
suspending all documents, issued to Appellant, for a period of 2
months outright plus 4 months on 18 months' probation. | Appeal No. 1663 | Suspension and Revocation Appeals Authority | 10/5/1967 | 10/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1664 - TICER | By order dated 7 April 1966, an Examiner of the United
States
Coast Guard at Houston, Texas revoked Appellant's
seaman's
documents upon finding him guilty of misconduct.
The
specifications found proved allege that while serving as
boatswain
on board the United States SS WHITEHALL under authority of
the
document above described,
Appellant:
(1) on 7 January 1966, wrongfully absented himself
from
the vessel at Qui Nanh, Viet Nam; and on 3 February 1966; at
Naha,
Okinawa,
(2) assaulted and battered the chief
mate,
(3) failed to obey an order of the chief
mate,
(4) assaulted and battered the
master,
(5) incited the deck crew to refuse to obey
orders,
(6) created a disturbance by reason of
intoxication,
(7) failed to perform duties by reason of
intoxication;
and
(8) on 5 February 1966, at sea, had liquor in hispossession without
authority.
At the hearing, Appellant was represented by
professional
counsel. Appellant entered a plea of not guilty to the charge
and
each specification, except the eighth to which he pleaded
guilty. | Appeal No. 1664 | Suspension and Revocation Appeals Authority | 10/10/1967 | 10/10/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1665 - PASCOE | By order dated 16 March 1967, an Examiner of the United States
Coast Guard at New Orleans, La., suspended Appellant's seaman
documents for six months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as an able seaman on board the United States SS DICK LYKES
under authority of the document above described, on or about 26
October 1966, Appellant did wrongfully assault and batter a fellow
crewmember.
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 entries from
the ship's shipping articles and its official Logbook; the
testimony of the ship's master; a deposition taken from a
crewmember; and, by stipulation with Appellant, the written statements of two other crewmembers.
Appellant offered no evidence in his 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 served a written order on
Appellant suspending all documents issued to Appellant for a period
of six months outright. | Appeal No. 1665 | Suspension and Revocation Appeals Authority | 10/23/1967 | 10/23/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1666 - WARD | By order dated 21 March 1967, and Examiner of the United
States Coast Guard at San Francisco, Calif., suspended Appellant's
seaman documents for 6 months outright upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as Scullion on board the United States SS PRESIDENT
CLEVELAND under authority of the documents above described, on or
about 19 January 1967, Appellant wrongfully deserted the vessel
while it was in the port of Hong Kong.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
At the end of the hearing, the Examiner rendered a written
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 6
months outright. | Appeal No. 1666 | Suspension and Revocation Appeals Authority | 10/31/1967 | 10/31/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1667 - GAINES | By order dated 7 December 1966, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman documents for six months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a night cook and baker on board the United States SS
ALCOA VOYAGER under authority of the document above described, on
or about 3 October 1966, while the vessel was at Ceylon, Appellant
did wrongfully address the Chief Steward with foul and abusive
language; did wrongfully assault the Chief Steward by brandishing
his fist and a knife in the direction of the Chief Steward; and did
wrongfully assault and batter the Chief Steward by pushing him.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered pleas of not guilty to the charge and each
specification. The Investigating Officer introduced in evidence copies of entries from the ship's Shipping Articles and its Official Logbook
and the testimony of the Chief Steward, the Master, and the third
Cook.
Appellant offered no evidence in his defense.
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 six months outright. | Appeal No. 1667 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1668 - HESSE | By order dated 14 April 1967, an Examiner of the United States
Coast Guard at San Francisco, Calif., suspended Appellant's
seaman's documents for one month outright plus three months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
messman on board the United States SS FRONTENAC VICTORY under
authority of the document above described, on or about 17, 19, and
25 November 1966, at Sattahip, Thailand, and on or about 11
December 1966, at Manila, P.I., Appellant wrongfully failed to
perform his duties by reason of intoxication.
At the hearing, Appellant failed to appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of FRONTENAC VICTORY.
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 one month outright
plus three months on twelve months' probation. | Appeal No. 1668 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1669 - SHADE | By order dated 26 May 1967, an Examiner of the United States
Coast Guard at San Francisco, California, 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 a holder of the document above
described, on or about 19 September 1963, Appellant was convicted
of a violation of Section 11715 of The Health and Safety Code, a
narcotic drug law of the State of California.
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 a copy of a
judgement of conviction.
In defense, Appellant offered matters in mitigation.
At the end of the hearing, the Examiner rendered a written
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. 1669 | Suspension and Revocation Appeals Authority | 11/8/1967 | 11/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1670 - MILLER | By order dated 29 November 1965, an Examiner of the United
States Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for two months upon finding him guilty of negligence.
The specifications found proved allege that while serving as a
pilot on board the United States SS SEATRAIN GEORGIA under
authority of the license above described, on or about 11 March
1965, Appellant, while his vessel was in the position of a burdened
vessel as to SS CANDY in New York Harbor:
(1) failed to take action to keep out of the way
of CANDY;
(2) crossed ahead of the privileged CANDY without
reasonable cause;
(3) failed to slacken speed, stop, or reverse; and
(4) failed to sound a danger signal when the
intentions of the other vessel were in doubt;
all contributing to a collision with CANDY.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the testimony
of the master of CANDY, the pilot of CANDY, and the pilot of
another vessel, and the stipulated testimony of the chief officer
of GEORGIA.
In defense, Appellant offered in evidence his own testimony,
that of two other Sandy Hook pilots who were witnesses aboard other
ships, and that of an expert.
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
licenses issued to Appellant for a period of two months. | Appeal No. 1670 | Suspension and Revocation Appeals Authority | 11/24/1967 | 11/24/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1614 - GODFREY | By order dated 18 July 1966, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for two months upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
boatswain on board the United States SS MORMACLYNX under authority
of the document above described, on or about 16 May 1966,
Appellant, while the vessel was at sea, wrongfully used profane and
abusive language to the Chief Mate and wrongfully failed to obey a
lawful order of that mate.
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 pertinent
documents and the testimony of the Chief Mate.
In defense, Appellant took the stand and testified on his own
behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and both
specifications had been proved. The Examiner then entered an order
suspending all documents issued to Appellant for a period of two
months. | Appeal No. 1614 | Suspension and Revocation Appeals Authority | 5/12/1967 | 5/12/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1615 - ULLMAN | By order dated 11 October 1966, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, 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 the holder of an
outstanding Merchant Mariner's Document, Appellant was convicted by
a Pennsylvania court for a violation of the narcotic drug law of
the state.
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 a certified
copy of the court order finding Appellant guilty of a violation of
state narcotic drug laws.
Appellant made a statement on his own behalf.
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 served a written order on
Appellant revoking all documents issued to him. | Appeal No. 1615 | Suspension and Revocation Appeals Authority | 5/16/1967 | 5/16/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1616 - BRADY | By order dated 24 August 1966, an Examiner of the United
States Coast Guard at Seattle, Washington, suspended Appellant's
seaman documents for four months on nine months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as Chief Engineer on board the United
States SS TRUSTCO under authority of the license above described,
on or about 21 August 1964, Appellant wrongfully assaulted and
battered with his hands a fellow crew member, Second Mate Deimel,
and wrongfully created a disturbance aboard said vessel.
At the hearing, on 1 March 1966 and various subsequent dates,
Appellant was represented by professional counsel. At the outset
of the hearing, Appellant entered a plea of not guilty to the
charge and each specification.
The Investigating Officer introduced in evidence a
certification of shipping articles showing Appellant to be a member of the crew at the time alleged in the specification; certified
copies of entries dated 21 August 1964 in the Official Log Book,
including signed because of crew members; testimony of the master,
and interrogatories and cross-interrogatories completed by
witnesses.
In defense, Appellant testified in his own behalf and denied
that at any time he was the aggressor.
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 served a written order on
Appellant suspending all documents, issued to Appellant, for a
period of four months on nine months' probation. | Appeal No. 1616 | Suspension and Revocation Appeals Authority | 5/17/1967 | 5/17/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1617 - KENNEDY | By order dated 12 October 1966, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman documents for two months outright plus three
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
STEEL TRAVELER under authority of the document described, on or
about 10 July 1966, Appellant failed to join his vessel upon its
departure from Hong Kong bound for sea.
Appellant was not present or represented at the hearing. The
Examiner entered a plea of not guilty on behalf of Appellant and
conducted the hearing in absentia.
The Investigating Officer introduced in evidence the shipping
articles showing Appellant to be a member of the crew at the time
in the specification. Relevant entries were read into the record.
The Investigating Officer also introduced a certified copy of
entries in the ship's Official Logbook.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had bee proved. The Examiner then served a written order on
Appellant suspending all documents, issued to Appellant, for a
period of two months outright plus three months on twelve months'
probation. | Appeal No. 1617 | Suspension and Revocation Appeals Authority | 7/27/1967 | 7/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1618 - POPWELL | By order dated 14 October 1966, an Examiner of the United
States Coast Guard at New York City, New York revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Radio
Officer on board the United States SS WELLESLEY VICTORY under
authority of the license above described, at various times between
2 November 1965 and 14 January 1966, Appellant wrongfully;
threatened to inflict bodily harm to various shipmates on four
separate occasions; assaulted and battered an unlicensed member of
the crew; incited various unlicensed personnel to disobey orders;
urged various unlicensed personnel to submit false overtime claims;
had intoxicating beverages in his possession; and conducted himself
in a manner unbecoming an officer by drinking intoxicants on board
in the presence of unlicensed personnel.
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 introduced in evidence the direct
testimony of two witnesses, and written depositions from other
witnesses. Appellant submitted cross-interrogatories, the answers
to which were also introduced.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and before-mentioned
specifications had been proved. The Examiner then served a written
order on Appellant revoking all documents issued to him. | Appeal No. 1618 | Suspension and Revocation Appeals Authority | 5/18/1967 | 5/18/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1621 - CUSHMAN | By order dated 19 May 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for three months on 12 months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a messman on board the United States
SS BAY STATE under authority of the document above described,
Appellant: was absent from his vessel without authority on 12, 16,
and 25 October 1965, on 3 November 1965, and on 22 and 31 December
1965; wrongfully disobeyed an order of the master on 12, 16 and 25
October 1965, on 3 November 1965, and on 22 December 1965; and
failed to join the vessel upon its sailing on 31 December 1965.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence various documents pertinent to the charges.
In defense, Appellant offered in evidence certain documents
and his own testimony.
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 served a written order on
Appellant suspending all documents issued to him for a period of
three months on 12 months' probation. | Appeal No. 1621 | Suspension and Revocation Appeals Authority | 5/22/1967 | 5/22/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1622 - MCCRANN | By order dated 10 June 1966, an Examiner of the United States
Coast Guard at New York, New York, suspended Appellant's seaman's
documents for three months outright plus six months on 12 months'
probation upon finding him guilty of misconduct. The specification
found proved allege that while serving as a bellboy on board the
United States SS UNITED STATES under authority of the document
above described, on or about 20 May 1966, Appellant wrongfully used
foul and abusive language in the presence of passengers, to the
Assistant Chief Steward.
Appellant was absent at the hearing. The Examiner therefore
entered for the Appellant a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence various
ship's documents and the testimony of the Assistant Chief Steward.
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 served a written order on
Appellant suspending all documents issued to him for a period of
three months outright plus six months on 12 months' probation. | Appeal No. 1622 | Suspension and Revocation Appeals Authority | 5/22/1967 | 5/22/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1623 - BARTON | By order dated 4 March 1966, an Examiner of the United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman's documents for 2 months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as a Junior Third Assistant Engineer on board the United
States SS CONTEST under authority of the license above described,
on or about 30 January to 1 February 1966, Appellant twice
wrongfully failed to perform his duties, and once wrongfully
absented himself from the vessel.
Appellant did not appear at the hearing, so the Examiner
entered for him a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence the shipping
articles and logbook of the vessel.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of 2
months. | Appeal No. 1623 | Suspension and Revocation Appeals Authority | 5/24/1967 | 5/24/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1624 - HODGES | By order dated 2 December 1966, an Examiner of the United
States Coast Guard at New York suspended Appellant's seaman's
documents for 4 months on 12 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 SANTA ROSA under authority of the document above described, on
or about 25 September 1966, Appellant wrongfully engaged in a fight
while on watch.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the logbook
of the vessel and the testimony of witnesses.
In defense, Appellant offered in evidence certain documents 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 served a written order on
Appellant suspending all documents issued to him for a period of 4
months on 12 months' probation. | Appeal No. 1624 | Suspension and Revocation Appeals Authority | 5/24/1967 | 5/24/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1625 - MILLS | By order dated 7 November 1966, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for two months upon finding him guilty of
misconduct. The specification found proved allege that while
serving as an able seaman on board the United States SS STELLA
LYKES under authority of the document above described, on or about
23 August and 24 and 28 September 1966, Appellant wrongfully failed
to perform his duties due to intoxication; and on or about 23
August 1966, wrongfully had intoxicating liquor in his possession.
Appellant did not appear at the hearing, so the Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the shipping
articles and official logbook of the vessel.
At the end of the hearing, the Examiner rendered an oral decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents for a period of two months. | Appeal No. 1625 | Suspension and Revocation Appeals Authority | 5/26/1967 | 5/26/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1626 - MILLIKEN | By order dated 25 January 1966, an Examiner of the United
States Coast Guard at Tampa, Florida, suspended Appellant's
seaman's documents for three months on 12 months' probation upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as a second mate on board the United
States SS MARINE MERCHANT under authority of the license above
described, on or about 10 January 1966, Appellant assaulted and
battered a fellow crewmember.
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 four witnesses to the incident.
In defense, Appellant offered in evidence the testimony of one witness, and took the stand on his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had ben proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
six months on 12 months' probation. | Appeal No. 1626 | Suspension and Revocation Appeals Authority | 5/26/1967 | 5/26/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1627 - CARDULLA | By order dated 22 September 1966, an Examiner of the United
States Coast Guard at New York City, New York, suspended
Appellant's seaman's documents for two months upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a Third Assistant Engineer on board the United
States SS SANTA MONICA under authority of the license above
described, from 23 May to 29 June 1966, Appellant disobeyed orders
on four occasions, and failed to perform his duties on one
occasion.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
The Investigating Officer introduced in evidence pertinent
documents, including the official logbook of the vessel, and the
testimony of the Chief Engineer.
Appellant testified on his own behalf.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and before mentioned
specifications had been proved. The Examiner then served a written
order on Appellant suspending all documents issued to him for a
period of two months. | Appeal No. 1627 | Suspension and Revocation Appeals Authority | 5/26/1967 | 5/26/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1628 - BOCHENSKI | By order dated 24 October 1966, an Examiner of the United
States Coast Guard at Galveston, Texas, suspended Appellant's
seaman documents for one month on six months' probation upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as a second cook and baker on board the
United States SS RICHMOND under authority of the document above
described, on or about 3 August 1966, Appellant wrongfully failed
to turn to his regular assigned duties and did not work the entire
day, and on or about 4 August 1966 Appellant wrongfully failed to
turn to his regular assigned duties and did not work the entire
day, while said vessel was in the port of Bombay, India.
At the hearing on 14 October 1966, 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 Shipping
Articles showing Appellant to be a member of the crew at the time
alleged in the specifications and the Official Log Book of thevessel containing entries concerning the allegations of the two
specifications.
In defense, Appellant testified that he went ashore to make a
complaint to the American Consul against the master and the chief
steward because threats had been made against his life by members
of the steward's department.
The hearing was adjourned, on Examiner's motion, to locate the
master and obtain his testimony. Subsequently, the Examiner
decided to resolve the case on the record as presented on 14
October 1966 and rendered a written decision on 24 October 1966 in
which he concluded that the charge and specifications had been
proved. The Examiner then served a written order on Appellant
suspending all documents, issued to Appellant, for a period of one
month on six months' probation. | Appeal No. 1628 | Suspension and Revocation Appeals Authority | 5/26/1967 | 5/26/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1629 - CORNIFF | By order dated 2 September 1966, an Examiner of the United
States Coast Guard at New York City, New York revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a second
cook and baker on board the United States SS MORMACRIGEL under
authority of the document above described, on or about 21 July
1966, Appellant wrongfully failed to perform his duties by reason
of intoxication, and wrongfully assaulted and battered a crew
member with a knife.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specifications.
The Investigating Officer introduced in evidence the Shipping
Articles and log book entries from the vessel, and the testimony of
witnesses. In defense, Appellant offered in evidence two prior statements
of witnesses.
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 served a written order on
Appellant revoking all documents issued to him. | Appeal No. 1629 | Suspension and Revocation Appeals Authority | 5/31/1967 | 5/31/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1630 - BARRE | By order dated 7 October 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for six months upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as an electrician on board the United States SS RUTH LYKES
under authority of the document above described, on or about 15
June 1966, Appellant wrongfully failed to perform his duties; and
on or about 17 August 1966, Appellant wrongfully failed to perform
his duties, cursed the Chief Engineer, and refused to obey the
lawful order of the Chief Engineer.
Appellant did not appear at the hearing, so the Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence the shipping
articles and official log book of the vessel.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of
six months. | Appeal No. 1630 | Suspension and Revocation Appeals Authority | 6/2/1967 | 6/2/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1631 - WOLLITZ | By order dated 14 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y.. suspended Appellant's license for 2
months outright upon finding him guilty of negligence. The
specification found proved alleges that while serving as master on
board the United States SS PIONEER MYTH under authority of the
license above described, on or about 2 July 1966, Appellant failed
to go at moderate speed in fog, thereby contributing to a collision
with MV VISEVICA in the Atlantic Ocean.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer gave a summary of pertinent facts in
his opening statement.
In mitigation, Appellant offered in evidence the testimony of
two long-time colleagues.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
suspending Appellant's license for a period of two months. | Appeal No. 1631 | Suspension and Revocation Appeals Authority | 6/5/1967 | 6/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1632 - SCHULTZ | By order dated 8 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for 12 months outright plus 6 months on 18 months'
probation upon finding him guilty of misconduct. The specification
found proved alleges that while serving as an ordinary seaman on
board the United States SS SAPPHIRE GLADYS under authority of the
document above described, on or about l4 June 1966, Appellant
wrongfully assaulted and battered a fellow crewmember, James W.
Duffy, with a milk can and a coffee cut on board the vessel at
Bremerhaven, Germany.
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.
Appellant offered no 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 suspending all
documents issued to Appellant for a period of 12 months outright
plus 6 months on 18 months' probation. | Appeal No. 1632 | Suspension and Revocation Appeals Authority | 6/5/1966 | 6/5/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1633 - DUFFY | By order dated 8 July 1966, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
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 an electrician on board
the United States SS SAPPHIRE GLADYS under authority of the
document above described, on or about 14 June 1966, Appellant
wrongfully assaulted and battered a fellow crewmember, one Henry E.
Schultz, on board the vessel at Bremerhaven, Germany.
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.
Appellant offered no defense.
at the end of the hearing, the Examiner rendered 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 3 months outright
plus 3 months on 12 months' probation. | Appeal No. 1633 | Suspension and Revocation Appeals Authority | 6/5/1967 | 6/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1635 - MOZIER | By order dated 2 March 1966, 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 incompetence.
The specifications found proved allege that while the holder of a
duly issued license and Merchant Mariner's document, Appellant, at
the port of Los Angeles, California, on or about 5 October 1964,
made a false statement under oath; that while serving as an second
assistant engineer on board the United States SS OCEANIC SPRAY,
under authority of the license above described, on or about 27
April through 30 May 1965, Appellant was incompetent to perform the
duties of a licensed engineer; and that Appellant is now physically
unfit for duty due to a heart ailment.
At the hearing Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and each
specification.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specifications
had been proved. The Examiner then served a written order on
Appellant revoking all documents issued to him. | Appeal No. 1635 | Suspension and Revocation Appeals Authority | 6/5/1967 | 6/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1636 - LOPEZ | By order dated 2 June 1965, and Examiner of the United States
Coast Guard at Port Arthur, Texas, suspended Appellant's seaman
documents for six months outright. The specifications found proved
allege that while serving as a crew messman on board the United
States SS COWANESQUE under authority of the document above
described, on or about 8 May 1965, Appellant did wrongfully assault
a member of the crew, one George Howard, with a dangerous weapon,
to wit: a pocket knife, and did wrongfully assault one George
Howard with a dangerous weapon, to wit: a spatula. A third
specification alleging assault with a dangerous weapon, to wit:
a galley knife, was found not proved.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence a certified extract from the Shipping Articles for the SS COWANESQUE for the
voyage commencing 16 April 1965 and terminating 28 May 1965 on
which Appellant was a crew member. He also introduced the Official
Log Book of the vessel containing allegations of the specifications
and statements of the person charged, the victim, and three
witnesses. Government witnesses who testified at the hearing
included George Howard and five crew members who were eyewitnesses.
Appellant did not offer any evidence or call any witnesses in
defense, and did not testify in his own behalf.
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 served a written
order on Appellant suspending all documents, issued to Appellant,
for a period of six months outright. | Appeal No. 1636 | Suspension and Revocation Appeals Authority | 6/8/1967 | 6/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1637 - BIGGERS | By order dated 5 April 1966, an Examiner of the United States
Coast Guard at Port Arthur, Texas, suspended Appellant's seaman's
documents for 3 months upon finding him guilty of negligence. The
specification found proved alleges that while serving as Master on
board the United States SS TEXACO CONNECTICUT under authority of
the license above described, on or about 1 March 1966, Appellant
failed to maintain the vessel's lifeboat equipment in proper
condition.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer intorduced in evidence the testimony
of Ensign Timothy Kelly, United States Coast Guard, from the Marine Inspection Office at Port Arthur.
In defense, Appellant offered in evidence the testimony of the
Chief Mate and a Boatswain aboard the vessel.
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 served a written order on
Appellant suspending all documents issued to him for a period of 3
months. | Appeal No. 1637 | Suspension and Revocation Appeals Authority | 6/8/1967 | 6/8/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1638 - CUNNINGHAM | By order dated 18 August 1966, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for 2 months outright plus 10 months on 12
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a secod
assistant engineer on board the United States SS PRESIDENT TAFT
under authority of the license above described, on or about 23 June
1966, Appellant wrongfully deserted the vessel.
At the hearing, Appellant was represented by counsel.
Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the official
log and shipping articles of the vessel and the shipping articles
of the United States SS MORMACSURF.
In defense, Appellant introduced a statement from one of the
crew members of the vessel, and testified on his own behalf.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and sspecification
had been proved. The Examiner then served a written order on
Appellant suspending all documents issued to him for a period of 2
months outright plus 10 months on 12 months' probation. | Appeal No. 1638 | Suspension and Revocation Appeals Authority | 6/12/1967 | 6/12/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1639 - SAUREZ | By order dated 9 December 1966, an Examiner of United States
Coast Guard at San Francisco, California, suspended Appellant's
seaman documents for three months outright. The specifications
found proved allege that while serving as an ordinary seaman on
board the United States SS SANTA RITA under authority of the
document above described, on or about 24 October 1966, Appellant
wrongfully assaulted and battered with his fists another member of
the crew, Frank Trapp, the vessel's Bosun, and on 7 November, 9
November, and between 0800 and 1200 on 10 November 1966, Appellant
wrongfully failed to perform his assigned duties.
Appellant was not present or represented at the hearing. The
Examiner entered a plea of not guilty to the charge and each
specification on behalf of Appellant.
The Investigating Officer introduced in evidence the Shipping
Articles showing Appellant to be a member of the crew at the times alleged in the specifications. The Investigating Officer also
introduced the Official Log Book containing entries concerning the
allegations of the two specifications.
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
three months outright. | Appeal No. 1639 | Suspension and Revocation Appeals Authority | 6/22/1967 | 6/22/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1640 - KOSONOVICH | By order dated 6 April 1966, an Examiner of the United States
Coast Guard at San Francisco, California suspended Appellant's
seaman's documents for 9 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 GOLDEN GATE
under authority of the document above described, on or about 12
November 1966, Appellant wrongfully failed to perform his duties;
on or about 17 December 1966, Appellant assaulted and battered a
fellow crewmember; and on or about 17 December 1966, Appellant
wrongfully had intoxicating beverages in his possession.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the specifications alleging
failure to perform and possession of liquor, and not guilty to the
assault specification.
The Investigating Officer introduced in evidence relevant documents and the testimony of two witnesses.
Appellant testified on his own behalf.
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 served a written order on
Appellant suspending all documents issued to him for a period of 9
months. | Appeal No. 1640 | Suspension and Revocation Appeals Authority | 6/28/1967 | 6/28/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1641 - MAHER | By order dated 2 March 1966, an Examiner of the united States
Coast Guard at New Orleans, La., suspended Appellant's seaman's
documents for three months, upon finding him guilty of misconduct.
The specification found proved alleges that while serving as a
third assistant engineer on board the United States SS STEEL
NAVIGATOR under authority of the document and license above
described, on or about 3 through 8 January 1966, Appellant
wrongfully failed to perform his regularly assigned duties.
Appellant failed to appear at the hearing. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of STEEL NAVIGATOR and the testimony of the vessel's Chief Engineer.
There was no 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 suspending all
documents issued to Appellant for a period of three months. | Appeal No. 1641 | Suspension and Revocation Appeals Authority | 7/5/1967 | 7/5/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1642 - SCHMEIS | By order dated 20 September 1966, an Examiner of the United
States Coast Guard at New York, N. Y. entered an Admonition in
Appellant's record upon finding him guilty of misconduct. The
specification found proved alleges that while serving as first
assistant engineer on board the United States SS GRINNELL VICTORY
under authority of the document and license above described, on or
about 30 June 1966, Appellant deserted the vessel at Rotterdam,
Holland.
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 an entry in
the Official Log Book of GRINNELL VICTORY, after a stipulation that Appellant had been serving as alleged.
In defense, Appellant offered in evidence his own testimony
and certain documents relative to medical attention.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order of admonition
against Appellant's record. | Appeal No. 1642 | Suspension and Revocation Appeals Authority | 7/5/1967 | 7/5/1967 | | 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 |