| Suspension and Revocation Appeals Authority | 1577 - PORTER | By order dated 23 February 1966, 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
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as second
assistant engineer on board the United States SS NORBERTO CAPAY
under authority of the document and license above described, on or
about 11 January 1966, at Manila Philippine Republic, Appellant
(1) wrongfully assaulted and battered the chief mate of
the vessel,
(2) wrongfully assaulted and battered another
crewmember, Wilder Wallace; and
(3) wrongfully failed to join the vessel.
At the hearing , Appellant elected to act as his own counsel,
with the assistance of his wife. Appellant entered a plea of
guilty to the charge and to all specifications except that alleging
assault and battery upon Wilder Wallace.
The Investigating Officer introduced in evidence documentary
evidence from the ship's articles and official log book, and the
testimony of the two alleged assault victims and of the first
assistant engineer of the vessel.
In defense, Appellant offered unsworn statements by his wife
and himself.
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 later entered an
order suspending all documents issued to Appellant for a period of
six months outright plus six months on twelve months' probation,
and the entire decision was served on 28 February 1966. Appeal was
timely filed on 28 March 1966. Appeal was perfected by filing of
a brief on 10 June 1966. | Appeal No. 1577 | Suspension and Revocation Appeals Authority | 8/18/1966 | 8/18/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1576 - ASTRAUSKAS | By order dated 22 April 1966, an Examiner of the United States
Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for one month outright plus two months on twelve
months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as Carpenter
on board the United States SS CANADA BEAR under authority of the
license above described, on or about 20 April 1966, Appellant
engaged in mutual combat with another crewmember, while under the
influence of alcohol, while the vessel was at San Francisco,
California.
The hearing was held in joinder with that of the other
crewmember, William L. Rodrigues. The single specification alleged
against Rodrigues was identical with that served upon Appellant
except for the substituted names.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
specification. Rodrigues, who was not represented by counsel,
pleaded guilty.
The Investigating Officer introduced on evidence extracts from
the shipping articles of CANADA BEAR, and testimony of the master
of the vessel. The Investigation Officer then rested, but
immediately thereafter called Rodrigues as witness. Rodrigues
testified and the Investigating Officer rested again.
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 then entered an order suspending all
documents issued to Appellant for a period of one month outright
plus two months on twelve months' probation. | Appeal No. 1576 | Suspension and Revocation Appeals Authority | 8/12/1966 | 8/12/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1575 - HILLIKER | By order dated 26 January 1966, an Examiner of the United
States Coast Guard at Portland, Oregon, suspended Appellant's
seaman's documents for 4 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Second Assistant Engineer on board the United States SS
ROBIN KIRK under authority of the document and license above
described, on or about 15 and 16 December 1965, Appellant
wrongfully failed to perform his duties, at Inchon, Korea, by
reason of intoxication.
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 in
the Official Log Book of ROBIN KIRK.
In defense, appellant made an unsworn statement.
At the end of the hearing, the Examiner rendered a 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 four months outright. | Appeal No. 1575 | Suspension and Revocation Appeals Authority | 8/3/1966 | 8/3/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1574 - STEPKINS | By order dated 28 March 1966, an Examiner of the United States
Coast Guard at San Diego, California, suspended Appellant's
seaman's documents for three months on six months' probation upon
finding him guilty of violation of a statute. The specification
found proved alleges that while serving as master on board the
United States MV AMERICAN BOY under authority of the documents
above described, on or about 19 January 1966, Appellant wrongfully
sailed from San Diego, California, on a fishing voyage without a
licensed mate aboard the vessel as required by Title 46 U. S. Code
224a.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer entered in evidence stipulations
made with Appellant and his counsel as to facts in the voyage of AMERICAN BOY.
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 then served a written order on
Appellant suspending all documents issued to him for a period of
three months' probation. | Appeal No. 1574 | Suspension and Revocation Appeals Authority | 7/20/1966 | 7/20/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1573 - ARBOLEDA | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at San Francisco, California, revoke Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Chef's
Utility board the United States SS MARIPOSA under authority of the
document above described, on or about 26 April 1965, Appellant
assaulted and battered with a dangerous weapon on John Scribner, a
crewmember, and assaulted and battered with his hands on James
Potts, a passenger, and one Loraine Alaimo, another crewmember, in
the port of Papeete, Tahiti.
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 Official Log Book of MARIPOSA and the testimony of Scribner and Alaimo.
In defense, Appellant offered in evidence the testimony of
another crewmember and a copy of a sworn statement he had made to
a U. S. consul. | Appeal No. 1573 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1572 - BENGERT | By order dated 21 April 1966, an Examiner of the United States
Coast Guard at Houston, Texas, suspended Appellant's seaman's
documents for 2 months outright plus 4 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a wiper on
board the United States SS DEL MUNDO under authority of the
document above described, Appellant, on nine different dates
between 9 March and 29 March 1961, sometimes at sea and sometimes
in port, wrongfully failed to perform his duties. On three of
these dates, one time at sea, it is alleged that the failure was
due to intoxication.
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. | Appeal No. 1572 | Suspension and Revocation Appeals Authority | 7/26/1966 | 7/26/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1571 - CONKLING | By order dated 26 November 1965, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, suspended Appellant's
seaman's documents for 6 months outright plus 6 months on 12
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
boatswain on board the United States SS GREEN POINT under authority
of the document above described, on or about 23 July 1965,
Appellant wrongfully made threats against, and assaulted and
battered, a fellow crewmember, one Carlos V. Contreras.
This hearing was held in joinder with one involving Carlos V.
Contreras, the alleged victim of Appellant's assault and battery.
Contreras was also charged with assault and battery upon Appellant.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each
specification. | Appeal No. 1571 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1570 - CANNELL & SINDA | By orders dated 27 May 1965, an Examiner of the United States
Coast Guard at Philadelphia, Pennsylvania, suspended Appellant
Cannell's license for two months on six months' probation, and
entered an admonition against Appellant Sinda upon finding them
guilty of negligence and inattention to duty respectively. The
specifications found proved against Appellant Cannell allege that
while serving as pilot on board the United States SS TEXACO
WISCONSIN under authority of the license above described, on or
about 7 August 1964, Appellant negligently failed to sound a danger
signal when his first two blast signal was not responded to by the
approaching SS STEEL MAKER, thereby contributing to a collision
with that vessel, and maneuvered the vessel for a port to port
passing in a situation which dictated a starboard to starboard passing. | Appeal No. 1570 | Suspension and Revocation Appeals Authority | 7/19/1966 | 7/19/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1569 - BUNN | Pursuant to the order of the court, U. S. District Court for
the Southern District of New York, 20 August 1968, the Order in the
captioned case is RESCINDED. The finding and order of the
Examiner, dated at New York, N. Y., on 9 December 1965, are
VACATED, and the charges are DISMISSED. | Appeal No. 1569 | Suspension and Revocation Appeals Authority | 7/12/1966 | 7/12/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1568 - GALLEGOS | By order dated 22 September 1965 an Examiner of the United
States Coast Guard at Houston, Texas suspended Appellant's seaman
documents for 12 months outright upon finding him guilty of
misconduct. The specifications found proved allege that while
serving as Able Seaman on board the United States SS DEL VALLE
under authority of the document above described, during the period
from 1 July 1965 to 9 September 1965, Appellant wrongfully absented
himself from his duties on or about 21 July 1965 and on or about 11
August 1965, while the vessel was in a foreign port; that on or
about 22 july 1965 while the vessel was in a foreign port Appellant
wrongfully failed to perform his duties by reason of intoxication;
that on or about 8 august 1965, while the vessel was underway in a
foreign harbor, Appellant wrongfully failed to perform duty as a
watchstander on wheel and lookout watches.
At the hearing, Appellant did not appear and was not
represented by counsel. A plea of not guilty to the charge and each specification was entered.
The Investigating Officer introduced in evidence certified
copies of log entries as to each offense charged.
No evidence was offered on behalf of the Appellant. | Appeal No. 1568 | Suspension and Revocation Appeals Authority | 7/7/1966 | 7/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1567 - CASTRO | By order dated 31 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for six 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 SANTA LUISA under authority of the document above
described, on or about 22 September 1965, Appellant wrongfully had
intoxicating liquor (nine bottles) in his possession at sea.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the testimony
of three witnesses and introduced six documents. | Appeal No. 1567 | Suspension and Revocation Appeals Authority | 7/1/1966 | 7/1/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1566 - WHITE | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Seattle, Washington, ordered Appellant's
seaman documents revoked upon finding him guilty of the charge
"conviction for a narcotic drug law violation." The specification
found proved alleges that while holder of the document above
described, on or about 11 January 1962, Appellant was convicted in
the United States District Court for the district of Oregon of
violation of narcotic drug laws of the United States.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the judgement and commitment in the District Court
proceedings.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1566 | Suspension and Revocation Appeals Authority | | | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1565 - JEREMIC | By order dated 8 November 1965, an Examiner of the United
States Coast Guard at New Orleans, La., suspended Appellant's
seaman's documents for three months outright finding him guilty of
negligence.The specifications found proved allege that while
serving as master on board the United States SS MANHATTAN under
authority of the license above described, on or about 16, 18, and
19 April 1964, Appellant allowed his vessel to be navigated with
draft "exceeding the maximum safe loading draft indicated by the
latest verbal and charted notices of the U. S. Army Corps of
Engineers," thereby contributing to grounding of the vessel.
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 charts and
other documents, and the testimony of five witnesses. | Appeal No. 1565 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1564 - KEARNEY | By order dated 13 October 1965, an Examiner of the United
States Coast Guard at San Francisco, California suspended
Appellant's seaman documents for 3 months outright upon finding him
guilty of misconduct. The specifications found proved allege that
while serving as a third refrigeration engineer on board the United
States SS PRESIDENT MADISON under authority, of the document above
described, Appellant, during a voyage from 14 April 1965 to 13
August 1965, on 28 May 1965 wrongfully threatened the chief
engineer with bodily harm; that Appellant on 25 June 1965
wrongfully failed to perform his assigned duties during part of his
watch; that Appellant on 11 July 1965 operated a distillery for
alcoholic beverages in the reefer machine shop on board said
vessel; that on 12 August 1965 Appellant wrongfully assaulted the
chief officer; and that on 13 August 1965 Appellant wrongfully
assaulted the chief refrigeration engineer.
At the hearing, Appellant was represented by professional | Appeal No. 1564 | Suspension and Revocation Appeals Authority | 6/23/1966 | 6/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1563 - RONDON | By order dated 25 January 1966, 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 specification
found proved alleges that while serving as a crew messman on board
the USNS TWINN FALLS under authority of the document above
described, on or about 6 March 1965, Appellant assaulted and
battered another crew member, Asuncion Quinones, by cutting him
with a knife.
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 Quinones and two other witnesses.
In defense, Appellant offered in evidence his own testimony | Appeal No. 1563 | Suspension and Revocation Appeals Authority | 6/15/1966 | 6/15/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1562 - FAULKNER | By order dated 18 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for three months outright plus six months on
eighteen months' probation 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 IBERVILLE
under authority of the document and license above described,
Appellant
1. wrongfully failed to perform assigned duties on 25 and 26
December 1965, at Qui Nhon, Vietnam;
2. wrongfully failed to perform assigned duties on 28
January 1966, at Kunsan, Korea; and
3. on 25 December 1965, wrongfully threatened another
officer of the vessel, a third assistant engineer. | Appeal No. 1562 | Suspension and Revocation Appeals Authority | 6/13/1966 | 6/13/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1561 - CONKLIN | By order dated 13 December 1965, 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 Third Mate
on board the United States SS HARBOR HILLS under authority of the
documents above described, on or about 25 September 1965,
Appellant:
(1) wrongfully engaged in acts of sexual perversion with a
member of the crew when the vessel was at Westport,
Oregon, and
(2) at the same time and place, used foul and abusive
language to the master of the vessel.
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 three witnesses.
In defense, Appellant offered in evidence his own testimony,
and two letters of recommendation. | Appeal No. 1561 | Suspension and Revocation Appeals Authority | 6/7/1966 | 6/7/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1560 - BROUSSARD | By order dated 17 February 1966, an Examiner of the United
States Coast Guard at New York, N. Y. suspended Appellant's
seaman's documents for 12 months outright upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as an able bodied seaman on board the United States SS
MORMACGULF under authority of the document above described, or
about 29 August 1964, Appellant wrongfully sailed for a foreign
port without registering as a person who had been convicted of a
violation of the narcotic drug laws of the State of Texas; that on
or about 26 October 1965 Appellant wrongfully entered the United
States at Jacksonville, Florida, from Brazil without registering as
a person who had been convicted of a violation of the narcotic drug
laws of the State of Texas; that on 24 August 1964, while entitled
to hold Merchant Mariner's Document Z-364980 "R" Appellant
fraudently did apply for a duplicate merchant mariner's document in
that he did falsely deny that he had been convicted of a violation
of a narcotic drug law of the United States; and that on 17 September 1965, while entitled to hold Merchant Mariner's Document
Z-364980 "R", Appellant fraudulently did apply for a duplicate
merchant mariner's document in that he did falsely deny that he had
been convicted of a violation of a narcotic drug law of the United
States. | Appeal No. 1560 | Suspension and Revocation Appeals Authority | 6/3/1966 | 6/3/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1559 - BETANCOURT | By order dated 25 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for three months outright on twelve months'
probation upon finding him guilty of misconduct. The
specifications found proved alleges that while serving as a deck
maintenance man on board the United States SS AFRICAN METEOR, under
authority of the document above described, on or about 6 July 1965,
Appellant wrongfully assaulted a fellow crewmember, Alberto V.
Papa, with a knife--two other specifications of wrongful assault
were found not proved.
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 Alberto V. Papa, and Peter Estabrooks, the second assistant | Appeal No. 1559 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1558 - SORRENTINO.PDF | By order dated 21 February 1966, an Examiner of the United
States Coast Guard at Long Beach, California, suspended Appellant's
seaman's documents for two months outright upon finding him guilty
of misconduct. The specification found proved alleges that while
serving as third mate on board the United States SS NORBERTO CAPAY
under authority of the documents above described, on or about 16
September 1965, Appellant wrongfully failed to join the vessel at
Qui Nhon, Vitenam.
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 four
documents. | Appeal No. 1558 | Suspension and Revocation Appeals Authority | 6/2/1966 | 6/2/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1557 - PEREZ | By order dated 21 January 1966, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman's documents for two months outright plus four months on
eight months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a
refrigeration oiler on board the United States SS CONSTITUTION
under authority of the document above described, on or about 20
November 1965, Appellant assaulted and battered, by pushing, the
second assistant engineer and shortly thereafter also assaulted the
same person by shaking his fist at him in a threatening manner and
offering to inflict bodily harm.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1557 | Suspension and Revocation Appeals Authority | 5/27/1966 | 5/27/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1555 - WEBB | By order dated 8 October 1965, an Examiner of the United
States Coast Guard at New York, New York, suspended Appellant's
seaman documents for 24 months' outright upon finding him guilty of
misconduct. The specification found proved alleged that while
serving as an A.B. on board the United States SS FLYING GULL under
authority of the document above described, on or about 12 July
1965, Appellant did wrongfully assault and batter a fellow
crewmember, Andrew Menice, Boatswain, by striking him about the
right side and inflicting a puncture wound. Another specification
alleging wrongful possession of charez (a form of marijuana) was
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. | Appeal No. 1555 | Suspension and Revocation Appeals Authority | 5/23/1966 | 5/23/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1554 - MCMURCHIE | By order dated 15 October 1965, 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 deck
utilityman on board the United States SS SANTA LUISA under
authority of the document above described, on or about 15 and 16
March 1965, Appellant, at Kingston, St. Vincent,
1) wrongfully failed to perform duties at unmooring the vessel
by reason of intoxication;
2) wrongfully destroyed ship's property by throwing mooring
lines overboard;
3) wrongfully assaulted and battered the master of the vessel;
and 4) wrongfully used foul and abusive language to the master of
the vessel.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1554 | Suspension and Revocation Appeals Authority | 5/16/1966 | 5/16/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1553 - BARTON | By order dated 26 October 1965, an Examiner of the United
States Coast Guard at Long Beach, California suspended Appellant's
seaman's documents for 3 months outright plus 3 months on 6 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as and A.B.
seaman on board the United States SS GIBBES LYKES under authority
of the document above described, Appellant
(1)wrongfully failed to perform dutiess on 26 August 1965,
from 1600 to 1900;
(2) wrongfully failed to join the vessel at 1900 on 26 August
1965, remaining so absent until 31 August 1965;
(3) wrongfully absented himself from the vessel from 1500 on
10 September to 1815 on 11 September, 1965; | Appeal No. 1553 | Suspension and Revocation Appeals Authority | 5/18/1966 | 5/18/1966 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1525 - BRENAN | This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.30-1.
By order dated 10 May 1965 at Seattle, Washington, an Examiner
of the United States Coast Guard, after conducting a hearing at
Portland, Oregon, revoked Appellant's document upon finding him
guilty of misconduct. The offenses alleged were proved by evidence
that while serving as a fireman-watertender on board the United
States SS OCEANIC SPRAY under authority of the document above
described, Appellant wrongfully failed to stand his watches on 24
and 25 December 1964 as well as on 21, 24 and 25 February 1965, and
9 March 1965, while the ship was at sea or in a foreign port.
Each offense is supported by a properly prepared entry in the
ship's official logbook. No other evidence was introduced by the
Investigating Officer and there was no evidence in defense since
Appellant was not present at the hearing.
On 15 April 1965, the foreign voyage was completed at Portland. On the morning of this date, Appellant was served with the charge and specification and ordered to appear for a hearing on 16 April. At this time, he voluntarily deposited his document with the Investigating Officer. Appellant was not present or represented when the hearing was convened on 16 April and nothing had been heard from him. The Examiner continued the case subject to call. | Appeal No. 1525 | Suspension and Revocation Appeals Authority | 11/12/1965 | 11/12/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1524 - PAUL | By order dated 7 July 1965, an Examiner of the United States
Coast Guard at New York, New York suspended Appellant's seaman documents for two months on nine months' probation upon finding her guilty of misconduct. The specification found proved alleges that while serving as a stewardess on board the United States SS ARGENTINA under authority of the document above described, on 13 May 1965, Appellant wrongfully created a disturbance.
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 eyewitnesses to the incident. The only defense witness
was not present when the alleged offense occurred.
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 entered the order of suspension
mentioned above. | Appeal No. 1524 | Suspension and Revocation Appeals Authority | 11/4/1965 | 11/4/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1523 - MICHAELS | By order dated 23 June 1965 at Seattle, Washington, an
Examiner of the United States Coast Guard, after conducting a
hearing at Portland, Oregon, revoked Appellant's document upon
finding him guilty of the charge of "conviction for a narcotic drug
law violation." The charge was proved by evidence that, on 16
September 1964, Appellant was convicted by the Circuit Court of the
State of Oregon for the County of Multnomah, a court of record, for
violating a narcotic drug law of the State of Oregon (illegal sale
of marijuana).
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification at the beginnings of the hearing on 17 July 1964.
The Investigating Officer introduced evidence of an indictment
against Appellant for the unlawful sale of marijuana, and a jury
verdict finding Appellant guilty as charged in the indictment. The
Investigating Officer then rested. Counsel for Appellant moved to
dismiss the charges on the ground that there was no evidence of a
conviction since the court had not yet rendered judgement in the case. The Examiner agreed that the proceedings were premature but
denied the motion and adjourned the hearing until after the court
acted. | Appeal No. 1523 | Suspension and Revocation Appeals Authority | 6/23/1965 | 6/23/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 1486 - KNUTSON | By order dated 26 May 1964, an Examiner of the United States
Coast Guard at Portland, Oregon, revoked Appellant's seaman
documents upon finding him guilty of misconduct. The five
specifications found proved allege that while serving as an able
seaman on the United States SS WILDERNESS under authority of the
document above described, on 23 February 1964, Appellant wrongfully
failed to perform his duties as helmsman and wrongfully had
possession of alcoholic beverages on the ship; from 30 March
through 3 April 1964, Appellant wrongfully failed to perform his
assigned duties on 16 April 1964, Appellant created a disturbance
on board and deserted the ship.
At the original hearing, Appellant was not present or
represented by counsel. The hearing was conducted in absentia
after the Examiner entered pleas of not guilty to the charge and
each specification on behalf of Appellant. | Appeal No. 1468 | Suspension and Revocation Appeals Authority | 1/7/1965 | 1/7/1965 | | 3/1/2018 |
| Suspension and Revocation Appeals Authority | 0350 - DARCY | In the Matter of Certificate of Service No. A-25811
Issued to: CLEMENCE LEO DARCY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
350
CLEMENCE LEO DARCY
This appeal has been taken in accordance with Title 46 United
States Code 239 (g) and Title 46 Code of Federal Regulations
137.11-1.
On 19 April, 1949, and 22 April, 1949, Appellant appeared
before an Examiner of the United States Coast Guard at Seattle,
Washington, to answer a charge of misconduct based upon four
specifications. These specifications allege that Appellant did,
while serving as deck maintenance man on the American SS STEPHEN W.
KEARNY under authority of his duly issued Certificate of Service
No. A-25811:
1. On or about 2 February, 1949, while said vessel was at a
foreign port, fail to return on board in reasonable time
after having been released from doctor as fit for duty.
2. On or about 3 and 4 February, 1949, while serving as
above, fail to perform his duties without reasonable
cause.
3. On 2, 4, 7, 8, 9 and 10 March, 1949, while serving as
above, fail to turn to at 0800 and perform his duties
between the hours of 0800 and 1700 by reason of being
under the influence of intoxicants all in violation of
good order and discipline. | Appeal No. 0350 | Suspension and Revocation Appeals Authority | 6/30/1949 | 6/30/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0349 - VIRNET | In the Matter of Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
ANIBAL VIRNET
In The Matter of
Merchant Mariner's Document No. Z-20966
Issued to: ANIBAL VIRNET
Merchant Mariner's Document No. Z-669069
Issued to: CLARENCE DEANE MILLER
Merchant Mariner's Document No. Z-630431-D1
Issued to: JOHN HENRY WHEATLEY
Certificate of Service No. E-61599
Issued to: MANCEL S. HAWKINS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
349
This appeal has been taken in accordance with Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 30 and 31 March, 1949, each of the above-named Appellants
appeared before an Examiner of the United States Coast Guard at
Seattle, Washington, to answer a charge of "misconduct" supported by the following specification:
"In that you, while serving (in the stated individual
capacity) on board a merchant vessel of the United
States, the MV LUCIDOR, under authority of your duly
issued Merchant Mariner's Document (or Certificate, as
applicable) did, on or about 25 January, 1949, unlawfully
delay the sailing of said vessel from a domestic port by
reason of failure to report aboard in accordance with
posted sailing orders, such being contrary to 46 U.S.C.
701." | Appeal No. 0349 | Suspension and Revocation Appeals Authority | 9/29/1949 | 9/29/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0348 - RHONE | In the Matter of Merchant Mariner's Document No. Z-757800
Issued to: RICHARD RHONE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
348
RICHARD RHONE
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 17 May, 1949, the Appellant appeared before an Examiner of
the United States Coast Guard at Galveston, Texas, on a charge of
misconduct supported by two specifications. The first
specification alleges that while Appellant was serving as
utilityman on board the American SS GENERAL R. E. CALLAN under
authority of his Merchant Mariner's Document No. Z-757800, he had
in his possession four marijuana cigarettes on or about 18 June,
1947, while in the port of New York. The second specification
alleges that Appellant while serving as above, and on the same
date, gave aid and comfort to a member of the crew in assisting him
to land marijuana in the United States. | Appeal No. 0348 | Suspension and Revocation Appeals Authority | 6/22/1949 | 6/22/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0347 - BARI | In the Matter of Certificate of Service No. E-560773
Issued to: SANTIAGO M. BARI
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
347
SANTIAGO M. BARI
This appeal has been taken in conformance with 46 United
States Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 5 May, 1949, the Appellant was tried before an Examiner of
the United States Coast Guard at Philadelphia, Pennsylvania, on a
charge of misconduct supported by two specifications. The first
specification alleges that while Appellant was serving as galleyman
on board the American SS GULFBRAND, under authority of a duly
issued Certificate of Service (E-560773), he aided and assisted
Manuel De Jesus Rocha, on about 12 September, 1948, in stowing away
on board the vessel without the consent of the master. The second
specification alleges that while still serving in the above
capacity, the Appellant aided and assisted the alien Rocha, on or
about 18 September, 1948, in illegally entering the United States,
contrary to 8 United States Code 144. | Appeal No. 0347 | Suspension and Revocation Appeals Authority | 6/14/1949 | 6/14/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0346 - MCKINZEY | In the Matter of Certificate of Service No. 521617
Issued to: JAMES McKINZEY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
346
JAMES McKINZEY
This appeal has been taken in accordance with 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 April, 1949, Appellant appeared before an Examiner of the
United States Coast Guard at Mobile, Alabama, on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as pantryman on board the American SS JOSEPH
N. DINAND, under authority of his duly issued Certificate of
Service No. E-521617, he assaulted a crew member, Manuel Herrera,
with a dangerous weapon on or about 25 June, 1946. | Appeal No. 0346 | Suspension and Revocation Appeals Authority | 6/23/1949 | 6/23/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0345 - RAY | In the Matter of Merchant Mariner's Document Z-439836
Issued to: CICERO JAMES RAY
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
345
CICERO JAMES RAY
This case comes before me by virtue of Title 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 137.11-1.
On 14 April, 1949 an Examiner of the United States Coast Guard
at Port Arthur, Texas entered an order revoking Appellant's
Merchant Mariner's Document Z-439836 and all other documents,
certificates and/or licenses issued to him, upon finding him guilty
of "misconduct" based upon two specifications alleging, first,
assault and striking his superior officer on 16 August, 1947 while
serving as fireman-watertender on the SS JOHN G. WHITTIER and;
second, importing and bringing into the United States 270 grains of
bulk marihuana on 14 July, 1948 while serving as oiler on the
American SS ALMERIA LYKES. | Appeal No. 0345 | Suspension and Revocation Appeals Authority | 6/28/1949 | 6/28/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0344 - CROFT | In the Matter of Merchant Mariner's License No. A-2008
Issued to: ROBERT M. MAGNUSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
344
ROBERT M. MAGNUSON
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 14 February, 1949, an Examiner of the United States Coast
Guard at Detroit, Michigan, entered an order suspending License No.
A-2008 for a period of three months upon finding Appellant guilty
of the charge of "negligence" while he was serving as Master on
board the American SS HARRY W. CROFT under authority of his duly
issued license. The charge is based on a specification alleging
that Appellant failed to navigate the SS HARRY W. CROFT at a
moderate speed during a period of low visibility, on or about 30
October, 1948, while on a voyage from Toledo, Ohio, to Indiana
Harbor, Indiana, carrying approximately nine thousand tons of coal.
This is a violation of Rule 15 of the laws relating to the
navigation of vessels, Title 33, United States Code 272.
At the hearing, the regulatory requirements with respect to
Appellant's rights were complied with and Appellant was represented
by counsel of his own choice. Appellant pleaded "not guilty" to
the specification but at the conclusion of the hearing, the
Examiner found the specification and charge "proved." After his license had been suspended, the Appellant was issued a temporary
license pending determination of this appeal. | Appeal No. 0344 | Suspension and Revocation Appeals Authority | 7/8/1949 | 7/8/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0343 - JACKSON | In the Matter of Merchant Mariner's Document No. BK-308991
Issued to: JOHNNIE LEE JACKSON
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
343
JOHNNIE LEE JACKSON
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
Appellant was charged with misconduct before an Examiner of
the United States Coast Guard at Norfolk, Virginia, based upon
specifications alleging that while serving as a messman on the
American SS TOWANDA VICTORY, under authority of his duly issued
Merchant Mariner's Document No. BK-308991, he did
(1.) On or about 22 March, 1949, while said vessel was in the
port of Cherbourg, France, unlawfully have in his
possession, and concealed in his clothing, a bread knife
with an eight inch blade which was a deadly weapon.
(2.) On or about 22 March, 1949, while said vessel was in
Cherbourg, France, attempt to assault the Second Officer
of said vessel with a deadly weapon while under the
influence of liquor.
(3.) Fail, without justifiable cause, to respond to a summons
served upon him by an authorized officer of the United
States Coast Guard. | Appeal No. 0343 | Suspension and Revocation Appeals Authority | 6/23/1949 | 6/23/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0342 - JESUS | In the Matter of Merchant Mariner's Document Z-62646
Issued to: OTILIO DE JESUS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
342
OTILLIO DE JESUS
This case comes before me by virtue of Title 46 United States
Code 239 (g) and Title 46 Code of Federal Regulations 137.11-1.
On 6 April, 1949 Appellant appeared before an Examiner of the
United States Coast Guard at New York, charged with "misconduct"
for that while serving as an Able Seaman on the SS AGWISTAR under
authority of his duly issued Merchant Mariner's Document Z-62646,
on 27 January, 1949 he unlawfully had in his possession a certain
quantity of Marihuana - to wit, approximately 1 pound.
Appellant was represented by counsel who also served as
interpreter for Appellant and entered a plea of guilty to the
charge and specification. After hearing the report of the
Investigating Officer and the argument by counsel for Appellant,
the Examiner entered an ordered revoking appellant's Merchant
Mariner's Document aforesaid together with all other documents or
certificates now held by the Appellant. | Appeal No. 0342 | Suspension and Revocation Appeals Authority | 6/6/1949 | 6/6/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0341 - BACHILLER | In the Matter of Certificate of Service No. E-654982
Issued to: RAFAEL L. BACHILLER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
341
RAFAEL L. BACHILLER
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 21 April, 1949, Appellant was tried before an Examiner of
the United States Coast Guard at New York City on a charge of
misconduct supported by two specifications. The first specification
alleges that while Appellant was serving as utilityman on board the
American SS AGWISTAR, under authority of his duly issued
Certificate of Service No. E-654982, he unlawfully, and knowingly,
combined and conspired with certain named persons, on or about 15
October, 1948, and continuously thereafter up to on or about 3
February, 1949, to violate 26 United States Code 2591(a) and 26
United States Code 2593(a). The second specification alleges that,
while serving as above, Appellant, on or about 27 January, 1949,
unlawfully acquired approximately one pound of marijuana without
having paid the transfer tax imposed by 26 United States Code
2590(a) and thus violated 26 United States Code 2593(a).
Appellant was represented at the hearing by counsel and the
latter, in behalf of Appellant and with his authorization, entered
a plea of "not guilty" to the first specification and a plea of "guilty" to the second specification. The Examiner received
testimony from both parties in connection with the first
specification. The Examiner then, having found the first
specification "proved in part" and the second specification "proved
by plea," entered an order revoking Certificate of Service No.
E-654982 and all other valid licenses, documents and certificates
held by Appellant which had been issued to him by the Coast Guard
or the predecessor authority. | Appeal No. 0341 | Suspension and Revocation Appeals Authority | 6/17/1949 | 6/17/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0340 - NORMAN | In The Matter of Merchant Mariner's Document No. Z-531800-D2
Issued to: PHILLIP NORMAN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
340
PHILLIP NORMAN
This case comes before me by virtue of Title 46 United States
Code 239(g) and Title 46 Code of Federal Regulations 137.11-1.
On 26 April, 1949 Appellant was charged before an Examiner of
the United States Coast Guard at New Orleans, Louisiana, with
"misconduct" for that while serving as "galley utility" on board a
merchant vessel of the United States, the SS PHILIP BARBOUR under
authority of his duly issued Merchant Mariner's Document
Z-531800-D2, he failed to join said vessel without reasonable cause
on or about 7 April, 1949.
Voluntarily waiving his right to counsel, Appellant pleaded
not guilty to the charge, although he admitted that he had not
sailed with the vessel at the time of its departure from New
Orleans. There was received in evidence an excerpt from the
Shipping Articles from the SS PHILIP BARBOUR showing Appellant's name, rating and wages. Appellant explained that his reason for failing to report to his vessel was due to the fact that on the evening of the 5th of April, he had gone ashore with permission, and had a number of drinks at a nightclub; that he was returning to the ship when the New Orleans police arrested and charged him with disorderly conduct. Before the Municipal Court at New Orleans, he was sentenced to serve 20 days and to pay a fine of $20.00 on each of two charges and his incarceration prevented him from returning to the vessel. | Appeal No. 0340 | Suspension and Revocation Appeals Authority | 6/19/1949 | 6/19/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0339 - LUCIEN | In the Matter of Certificate of Service No. E-521498
Issued to: JAMES HARRY LUCIEN, JR.
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
339
JAMES HARRY LUCIEN, JR.
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 22 March, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at Boston, Massachusetts, on a
charge of misconduct supported by a specification alleging that
while Appellant was serving as messman on board the American SS
SULPHUR MINES, under authority of Certificate of Service No.
E-521498, he unlawfully had in his possession on or about 16
February, 1949, certain narcotics known as marijuana.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences. He
voluntarily waived his right to representation by counsel and
pleaded "guilty" to the charge and specification. At the end of
the hearing, the Examiner entered an order revoking Certificate of
Service No. E-521498 and all other valid certificates of service
held by the Appellant.
In his appeal, Appellant states that this is his first offense
of any nature and that he did not intend to sell the marijuana to others but had planned to use it himself. Appellant is twenty-one
years of age. | Appeal No. 0339 | Suspension and Revocation Appeals Authority | 6/9/1949 | 6/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0338 - NASSER | In the Matter of Merchant Mariner's Document Z-35960
Issued to: JOSEPH NASSER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
338
JOSEPH NASSER
This appeal comes before me by virtue of Title 46 United
States Code 239 (g) and 46 Code of Federal Regulations 137.11-1.
On 17 March, 1949, the Appellant appeared before an Examiner
of the United States Coast Guard at New York on a charge of
"misconduct" supported by a specification alleging that while
Appellant was serving as utilityman on board the American SS PONTUS
H. ROSS, under authority of a duly issued Merchant Mariner's
Document (Z-35960), he unlawfully possessed and concealed, and
facilitated the transportation and concealment at New York on or
about 7 March, 1948, of a certain narcotic drug commonly known as
heroin which weighed approximately seventeen ounces.
At the hearing, the Appellant was given a full explanation of
the nature of the proceedings and the possible consequences, and he
was represented by counsel of his own selection. Appellant entered
a plea of "guilty" to the specification. Upon completion of the
hearing, the Examiner entered an order revoking said Merchant
Mariner's Document and all other licenses, certificates or
documents issued by the United States Coast Guard to Appellant. | Appeal No. 0338 | Suspension and Revocation Appeals Authority | 7/5/1949 | 7/5/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0337 - SULLIVAN | In the Matter of Merchant Mariner's Document Z-413451
Issued to: WILLIAM THOMAS SULLIVAN, JR.
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
337
WILLIAM THOMAS SULLIVAN, JR.
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 4 April, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at New York on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as ordinary seaman on board the American SS
MARINE MARLIN, under authority of a duly issued Merchant Mariner's
Document (Z-413451), he had in his possession, contrary to law, on
or about 24 March, 1949, approximately 32 grains of a narcotic
known as marijuana.
Appellant voluntarily waived his right to representation by
counsel and entered a plea of "guilty" to the specification. After
the hearing, the Examiner found both the specification and the
charge proved, and he thereupon entered an order revoking said
Merchant Mariner's Document Z-413451 and all other valid licenses
and certificates issued to the Appellant by the United States Coast
Guard or any predecessor authority. | Appeal No. 0337 | Suspension and Revocation Appeals Authority | 6/9/1949 | 6/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0336 - HOLT | In the Matter of Merchant Mariner's Document No. Z-169409
Issued to: ARNOLD HOLT
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
336
ARNOLD HOLT
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 1 March, 1949, the Appellant was tried before an Examiner
of the United States Coast Guard at New York on a charge of
misconduct supported by a specification alleging that while
Appellant was serving as fireman-watertender on board the American
SS ROCK SPRING VICTORY, under authority of a duly issued Merchant
Mariner's Document (Z-169409), he had in his possession, contrary
to law, on or about 12 January, 1948, a quantity of narcotics; to
wit, marijuana.
Appellant voluntarily waived his right to representation by
counsel and entered a plea of "guilty" to the charge and
specification. After the hearing, the Examiner entered an order
revoking said Merchant Mariner's Document and all other valid
licenses, certificates and documents held by the Appellant.
Appellant indicates in his appeal that he feels his documents
should not be revoked in view of the lesser punishment meted out to
one George Griffith for a similar type offense. Both Appellant and
George Griffith received probationary suspensions from U. S. District courts. Griffith also had his documents suspended
outright for two months and was placed on probation for two years. | Appeal No. 0336 | Suspension and Revocation Appeals Authority | 6/2/1949 | 6/2/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0335 - DIPMORE | In the Matter of Merchant Mariner's Document No. Z-294959-D1
Issued to: IVORY IVY DIPMORE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
335
IVORY IVY DIPMORE
This appeal comes before me by virtue of Title 46 United
States Code 239(g) and Title 46 Code of Federal Regulations
137.11-1.
On 21 March, 1949, Appellant was charged before an Examiner of
the United States Coast Guard at New York with misconduct, for that
while serving as 3rd cook on the American SS MARINE TIGER under
authority of his duly issued Merchant Mariner's Document
Z-294959-D1, he did on or about 2 March, 1949, while said vessel
was in the port of New York, unlawfully have in his possession
narcotics, to wit, eleven grains of marijuana and nine grains of
marijuana seed.
Voluntarily waiving his right to representation by counsel,
Appellant entered a plea of "guilty with an explanation" to this
charge. At a hearing on 22 March, 1949, the unsworn statement of
Appellant was received wherein he admitted his possession of
narcotics but claimed they had been given him by a "friend"
following their mutual indulgence in several drinks. The Examiner
found Appellant was guilty by virtue of the plea and entered an
order revoking the documents identified above and all other
documents or certificates held by this Appellant. | Appeal No. 0335 | Suspension and Revocation Appeals Authority | 6/13/1949 | 6/13/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0334 - TERCERO | In the Matter of Merchant Mariner's Document Z-456458
Issued to: FRED EUGENE TERCERO
DECISION AND FINAL ORDER OF THE COMMANDANT
334
FRED EUGENE TERCERO
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 March, 1949, an Examiner of the United States Coast Guard
at San Francisco, California, revoked Merchant Mariner's Document
Z-456458 issued to Fred Eugene Tercero upon finding him guilty of
a charge of misconduct based upon two specifications alleging that
on 17 March, 1948, he unlawfully imported a quantity of marijuana
without having registered and paid the tax required by law, and
that he unlawfully acquired this marijuana without paying the
transfer tax required by law.
At the hearing, Appellant was given a full explanation of the
nature of the proceedings and the possible consequences. He was
advised that he was entitled to counsel, but Appellant chose to act
as his own counsel. Appellant entered a plea of "not guilty" to
the first specification and a plea of "guilty" to the second
specification. The Investigating Officer made an opening statement
concerning his investigation of the case, and took the witness
stand for the purpose of identifying a certified copy of a
commitment order of the United States District Court for the
Southern District of California, Central Division, dated 15 April,
1948, in the case of United States versus Fred E. Tercero. | Appeal No. 0334 | Suspension and Revocation Appeals Authority | 5/11/1949 | 5/11/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0333 - PARKER | In the Matter of Merchant Mariner's Document No. Z-433886-D1
Issued to: MORRIS PARKER
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
333
MORRIS PARKER
This appeal comes before me by virtue of 46 United States Code
239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 April, 1949, an Examiner of the United States Coast Guard
entered an order revoking Merchant Mariner's Document No.
Z-433886-D1 and all other valid licenses and certificates issued by
the Coast Guard held by Morris Parker, upon a plea of guilty to a
charge of misconduct, supported by a specification alleging
possession of about 12 grains of marijuana contrary to law, while
serving under the authority of the document as a messman aboard the
American SS AFRICAN SUN on 23 March, 1949, while that vessel was
moored at Brooklyn, New York. Appellant was advised of the nature
of the hearing, his right to have counsel, and of his other rights
at the beginning of the hearing. Appellant, appearing as his own
counsel, entered a plea of guilty to the charge and specification.
The Investigating Officer described the results of his
investigation. Appellant did not testify under oath, but stated
that he had been smoking marijuana cigarettes for about two years.
He made various other statements including one regarding the manner
in which he obtained the marijuana which was found in his
possession. No witnesses appeared. The Examiner found the charge and specification proved by plea and entered the order of
revocation. | Appeal No. 0333 | Suspension and Revocation Appeals Authority | 5/9/1949 | 5/9/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0332 - TIMAS | In the Matter of Certificate of Service No. A-14082
Issued to: ANTHONY L. TIMAS
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
332
ANTHONY L. TIMAS
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 3 March, 1949, an Examiner of the United States Coast Guard
entered an order revoking Certificate of Service No. A-14082 and
all other documents issued to Anthony L. Timas upon a plea of
"guilty" to a charge of misconduct, supported by a specification
alleging that Anthony L. Timas unlawfully possessed, received, and
facilitated transportation and concealment of approximately 212
grains of heroin while serving as an able seaman aboard the SS
MARINE FALCON on 23 July, 1947, in New York, New York.
At the hearing, Appellant was advised of his rights and was
represented by counsel. No witnesses appeared. The Investigating
Officer described the results of his investigation of the case.
Counsel for Appellant made a statement in the nature of a plea that
Appellant be given another chance to go to sea based on counsel's
personal knowledge of Appellant's previous history and on
circumstances surrounding the case. The Examiner found the charge
and specification proved by the Appellant's plea and entered the
order of revocation. | Appeal No. 0332 | Suspension and Revocation Appeals Authority | 5/5/1949 | 5/5/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0331 - DUKE | In the Matter of MERCHANT MARINER'S DOCUMENT Z-31679-D3
Issued to: KEOWN DUKE
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
331
KEOWN DUKE
This case comes before me by virtue of Title 46 United States
Code 239 (g) and 46 Code of Federal Regulations 137.11-1.
On March 18, 1949, an Examiner of the United States Coast
Guard entered an order revoking Merchant Mariner's Document
Z31679-D3 and all other merchant mariner's documents issued to
Keown Duke upon a plea of guilty to a charge of misconduct,
supported by seven specifications alleging unfitness for duty by
reason of intoxication on seventeen occasions while employed as
able seaman aboard the SS WILLIAM FLOYD from September through
November, 1947, while the vessel was in divers foreign ports.
Appellant, acting as his own counsel, pleaded guilty to the charge
of misconduct and to the seven specifications alleging his
unfitness for duty by reason of intoxication. Appellant did not
take the witness stand nor did he have any other witnesses appear
on his behalf.
The Investigating Officer described the result of his
investigation of the complaint. After receiving this evidence, the
Examiner found the charge and specification proved by the
Appellant's plea. However, he deferred further action in order to
afford the Appellant an opportunity to adduce either witnesses as to his previous good conduct or letters of recommendation attesting
to the same. When he was advised that, after the passage of three
days, the Appellant was unable to secure either character witnesses
or letters of recommendation, the Examiner entered the order of
revocation. | Appeal No. 0331 | Suspension and Revocation Appeals Authority | 4/22/1949 | 4/22/1949 | | 10/30/2017 |
| Suspension and Revocation Appeals Authority | 0320 - ZEVERINO | In the Matter of Merchant Mariner's Document No. Z-521514
Issued to: NICOLO ZEVERINO
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
320
NICOLO ZEVERINO
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1.
On 4 February, 1949, this Appellant was tried before an
Examiner of the United States Coast Guard at New York on a charge
of misconduct supported by a specification alleging that while he
was serving as Second Electrician on board the American SS ROBIN
HOOD under authority of a duly issued Merchant Mariner's Document
(Z-521514) he had in his possession, contrary to law, on or about
21 January, 1949, a quantity of narcotics, to wit, 134 grains net
of marijuana. | Appeal No. 0320 | Suspension and Revocation Appeals Authority | 4/11/1949 | 4/11/1949 | | 9/20/2017 |
| Suspension and Revocation Appeals Authority | 0319 - GRIFFIN | In the Matter of Certificate of Service No. E-410983
Issued to: ERNEST GRIFFIN
DECISION AND FINAL ORDER OF THE COMMANDANT
UNITED STATES COAST GUARD
319
ERNEST GRIFFIN
This case comes before me by virtue of Title 46 United States
Code 239(g) and 46 Code of Federal Regulations 137.11-1, on appeal
from an order dated 20 December, 1948, by an Examiner of the United
States Coast Guard at New York, revoking the Certificate of Service
No. E-410983 held by Ernest Griffin upon a plea of "guilty" to a
charge of misconduct supported by one specification alleging that
while Griffin was serving as a utilityman on board the American SS
SANTA PAULA under authority of said certificate, he did, on or
about 17 November, 1948, when said vessel was in a domestic port,
unlawfully have in his possession eight marijuana cigarettes
containing a total of fifty-three grains of marijuana. | Appeal No. 0319 | Suspension and Revocation Appeals Authority | 4/4/1949 | 4/4/1949 | | 9/20/2017 |