| Suspension and Revocation Appeals Authority | 1826 - BOZEMAN | By order dated 15 September 1969, an Examiner of the United
States Coast Guard at Tampa, Florida, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board SS HOOSIER STATE under authority of the document above
captioned, on or about 28 May 1966, Appellant, while the vessel was
at sea, assaulted and battered a fellow crew member, Carl POYAS,
with a weapon, to wit, a knife.
At the outset of the hearing at San Francisco, California,
Appellant did not appear but was represented by professional
counsel. Appellant subsequently appeared in Tampa and entered a
plea of guilty to the charge and specification.
The Investigating Officer introduced in evidence the
depositions of seven witnesses. In defense, Appellant offered no evidence, in view of his
plea, but made a statement to the Examiner.
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. 1826 | Suspension and Revocation Appeals Authority | 11/13/1970 | 11/13/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1908 - NEILSON | By order dated 15 September 1971, an Administrative Law Judge
of the United States Coast Guard at New York, New York, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. the specification found proved alleges that while
serving as a Second Steward on board the SS SANTA MERCEDES under
authority of the document above captioned, on or about 21 November
1970 while the vessel was at sea, Appellant did wrongfully molest
a minor male passenger, by applying an electric vibrator to his
person, while engaging him in conversation about sexual matters.
Appellant failed to appear at the first two sessions of the
hearing. At the third session, Appellant appeared and elected to
act as his own counsel. He entered a plea of not guilty to the
charge and specification. He also appeared at the fourth and fifth
sessions, but not the sixth and the final sessions.
The Investigating Officer introduced in evidence testimony of another passenger, and a certified extract from the shipping
articles of the vessel.
In defense, Appellant offered in evidence a letter from the
National Maritime Union. No formal defense was presented.
Appellant failed to appear at four of the seven sessions of the
hearing.
After the hearing, the Administrative Law Judge rendered a
written decision in which he concluded that the charge and
specification had been proved. He entered an order revoking all
documents issued to Appellant. | Appeal No. 1908 | Suspension and Revocation Appeals Authority | 2/7/1973 | 2/7/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1646 - WILLIAMS | By order dated 16 December 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 specification
found proved alleges that while serving as an Officer Bedroom
Steward on board the United States SS AFRICAN RAINBOW under
authority of the document above described, on or about May 10,
1966, Appellant assaulted and battered a crew member with a knife.
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 testimony of
three crew members of the vessel.
In defense, Appellant offered in evidence a document relating to
his health, 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 specification had been
proved. The Examiner then served a written order on Appellant
revoking all documents issued to him. | Appeal No. 1646 | Suspension and Revocation Appeals Authority | 7/12/1967 | 7/12/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1675 - SHELBY | By order dated 16 February 1967, an Examiner of the United
States Coast Guard at San Francisco., California, revoked
Appellant's seaman's documents upon finding him guilty of
misconduct. The specification found proved alleges that while
serving as a messman aboard the United States SS MONTEREY under
authority of the document above described, on or about 27 May 1967,
at Auckland, New Zealand, Appellant had in his possession a
dangerous drug, Indian Hemp.
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
authenticated copy of an entry in the Criminal Record Book of the
Magistrate's Court of Auckland, New Zealand.
In defense, Appellant testified in his own behalf.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved. The Examiner then entered an order revoking all documents issued to Appellant. | Appeal No. 1675 | Suspension and Revocation Appeals Authority | 12/27/1967 | 12/27/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1753 - VASQUEZ | By order dated 16 July 1968, an Examiner of the United States
Coast Guard at New York, N. Y., suspended Appellant's seaman's
documents for nine months outright plus three months on one year's
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a bath
steward on board SS INDEPENDENCE under authority of the document
above captioned, on or about 28 November 1967, Appellant, while the
vessel was at sea,
(1) wrongfully drank intoxicants;
(2) assaulted another crewmember, Robert F. Zorn;
(3) wrongfully used foul and abusive language to the staff
captain;
(4) wrongfully used foul and abusive language to the chief
mate;
(5) assaulted and battered the chief mate by wrongfully
placing his hands upon him;
(6) assaulted and battered the staff captain by striking him
with his fists and tearing his shirt;
(7) failed to obey an order of the staff captain to leave the
room he was in improperly;
(8) threatened to kill the staff captain.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of INDEPENDENCE, and the testimony of a bellboy, the staff
captain, the third mate, and the chief officer. | Appeal No. 1753 | Suspension and Revocation Appeals Authority | 3/12/1969 | 3/12/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1975 - GRADDICK | By order dated 16 June 1972, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman's documents upon finding him guilty of
misconduct.The specification found proved alleges that while
serving as Utility Messman on board the SS STEEL NAVIGATOR under
authority of the document above described, on or about 24 April
1972, Appellant wrongfully assaulted and battered the Utility
Messman Camilo Rojas by striking and cutting him on the hand with
a knife.
At the hearing, Appellant elected to act as his own counsel
and entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of the SS STEEL NAVIGATOR and the testimony of several
witnesses.
In defense, Appellant offered in evidence his own testimony and sworn statements of two other witnesses.
At the end of the hearing, the Administrative Law Judge
rendered an oral decision in which he concluded that the charge and
specification had been proved. The Administrative Law Judge then
entered an order revoking all documents issued to Appellant.
The entire decision was served on 30 June 1972. Appeal was
timely filed on 3 July 1972. | Appeal No. 1975 | Suspension and Revocation Appeals Authority | 7/10/1973 | 7/10/1973 | | 12/27/2017 |
| 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 | 1706 - OWENS | By order dated 16 May 1967, an Examiner of the United States
Coast Guard at San Francisco, Cal., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an oiler
on board SS METAPAN under authority of the document above
described, Appellant:
(1) wrongfully, from 19 through 23 February 1967, failed to
perform duties at Qui Nhon, RVN:
(2) wrongfully failed to stand a watch at sea on 24 February
1967;
(3) wrongfully abandoned his watch, and the vessel, on 26
February 1967 at Saigon, RVN;
(4) wrongfully failed to perform duties on 27 and 28 February
1967 at Saigon;
(5) deserted the vessel at Saigon on 1 March 1967.
Additionally, it was found that while serving aboard SS
TRANSPACIFIC as an ordinary seaman Appellant wrongfully failed to
join the vessel at Vung Tau, RVN, on 31 March 1967.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of METAPAN and TRANSPACIFIC, a record from the American
Consulate at Saigon, and a medical report. | Appeal No. 1706 | Suspension and Revocation Appeals Authority | 7/3/1968 | 7/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1698 - PETERS | By order dated 16 November 1966, an Examiner of the United
States Coast Guard at Boston, Massachusetts revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a Second
Assistant Engineer on board the United States SS CARROLL VICTORY,
under authority of the license above described, on or about 2
December 1965, Appellant wrongfully had intoxicating liquor in his
possession, wrongfully participated in a disturbance, wrongfully
assaulted and battered another crewmember, and wrongfully failed to
perform his duties; on or about 16 January 1966 wrongfully failed
to perform his duties; and on or about 17 January 1966 wrongfully
deserted the vessel.
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 logbook
entries relating to the specifications alleged, the depositions of
the Master and Third Mate, and the testimony of the Master.
In defense, Appellant offered in evidence his own testimony,
the testimony of the former Third Assistant Engineer, and certain
documents relating primarily to the desertion specification.
At the end of the hearing, the Examiner rendered an oral
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. 1698 | Suspension and Revocation Appeals Authority | 4/8/1968 | 4/8/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1694 - KUNTZ | By order dated 16 November 1966, an Examiner of the United
States Coast Guard at Boston, Massachusetts, revoked Appellant's
seaman's documents 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 CARROLL VICTORY
under authority of the license above described, Appellant
wrongfully failed to perform his duties on 3 December 1965, 5, 6,
8 and 16 January 1966; participated in a disturbance and wrongfully
had possession of intoxicants on 2 December 1965; wrongfully caused
ship's property to be destroyed on 5 January 1966; wrongfully
engaged in a fight on 8 January 1966; and wrongfully deserted the
vessel on 17 January 1966.
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 log book
entries and other documentary evidence relating to the charge,
including deposition of the Chief Engineer, the Third Mate, and the
Master, and the testimony of the Master.
In defense, Appellant offered in evidence his own testimony,
the stipulated testimony of the Second Assistant Engineer, and
certain documents relating to the desertion specification. | Appeal No. 1694 | Suspension and Revocation Appeals Authority | 4/1/1968 | 4/1/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1814 - CRUZ | By order dated 16 October 1968, an Examiner of the United
States Coast Guard at New York, N. Y., suspended Appellant's
seaman's documents for six months outright plus three months on
twelve months' probation upon finding him guilty of misconduct.
The specifications found proved allege that while serving as a
fireman/watertender on board SS SANTA MERCEDES under authority of
the document above describe, on or about 16 August 1967, Appellant,
at Guayaquil, Ecuador:
(1) assaulted and battered one Manuel Moreira, another
crewmember, and
(2) created a disturbance aboard the vessel by using loud
language to local police officers who had been called to
the vessel.
At the hearing, Appellant did not appear. The Examiner entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduced in evidence voyage
records of SANTA MERCEDES.
There was no defense.
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 Appellant for a period
of six months outright plus three months on twelve months'
probation. | Appeal No. 1814 | Suspension and Revocation Appeals Authority | 8/25/1970 | 8/25/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1604 - ANTALAN | By order dated 16 September 1966, an Examiner of the United
States Coast Guard at New Orleans, Louisiana, revoked Appellant's
seaman documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Steward
Utility on board the United States SS CHARLES LYKES under authority
of the document above described, on or about 27 August 1966,
Appellant wrongfully battered a fellow crewmember with a bottle.
Appellant did not appear at the hearing. The Examiner entered
for the Appellant a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence the Shipping
Articles and official Logbook of the vessel, and the testimony of
two witnesses to the incident.
At the end of the hearing, the Examiner rendered a written decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued the Appellant. | Appeal No. 1604 | Suspension and Revocation Appeals Authority | 5/4/1967 | 5/4/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1809 - YOUNG | By order dated 17 April 1969, an Examiner of the United States
Coast Guard at Jacksonville, Florida, after a hearing held at
Miami, Florida, suspended Appellant's seaman's documents for one
month plus two months on eighteen months' probation upon finding
him guilty of misconduct. The specification found proved alleges
that while that while serving as a saloon messman on board SS P. C.
SPENCER under authority of the document above captioned, on or
about 10 April 1969, Appellant disobeyed a lawful order of the
master to call the vessel's steward.
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 voyage
records of SS P. C. SPENCER and stipulated recorded testimony of
certain witnesses. In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and specification had been
proved and then entered an order suspending all documents issued to
Appellant for a period of one month plus two months on eighteen
months' probation. | Appeal No. 1809 | Suspension and Revocation Appeals Authority | 8/6/1970 | 8/6/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1956 - HANSON | By order dated 17 December 1971, an Administrative Law Judge
of the United States Coast Guard at New York, N. Y. suspended
Appellant's seaman's documents for 3 months on 12 months' probation
upon finding him guilty of negligence. The specification found
proved below alleges that while serving as the Person in Charge on
board the tank barge B. NO. 110 under authority of the document
above captioned, on or about 21 April 1971, Appellant negligently
failed to perform his duties by allowing cargo transfer operations
to take place without giving his immediate supervision to an
unqualified person, while he was in the cabin of the barge reading
a book.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified copy of the certificate of inspection of the tank barge B. NO. 110,
an amendment to the certificate of inspection, and the testimony of
a Coast Guard boarding officer.
In defense, Appellant offered in evidence his own testimony
and that of one witness.
The Administrative Law Judge rendered a written decision in
which he amended the charge and specification and concluded that
the charge and specification was proved. He then served a written
order on Appellant suspending all documents, issued to him, for a
period of 3 months on 12 months' probation. | Appeal No. 1956 | Suspension and Revocation Appeals Authority | 6/27/1973 | 6/27/1973 | | 12/27/2017 |
| 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 | 1971 - MOORE | By order dated 17 July 1972, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California revoked
Appellant's seaman's documents upon finding him guilty of
"conviction for a narcotic drug law violation." The specification
found proved alleges that on or about 31 March 1972, Appellant was
convicted of the Narcotic Drug Laws of the State of California.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a certified
copy of the court conviction.
In defense, Appellant offered evidence in mitigation.
At the end of the hearing, the Administrative Law Judge rendered an oral decision in which he concluded that the charge and
specification had been proved. He then entered an order revoking
all documents issued to Appellant.
The entire decision was served on 19 July 1972. Appeal was
timely filed on 16 August 1972. | Appeal No. 1971 | Suspension and Revocation Appeals Authority | 7/5/1973 | 7/5/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1705 - STOVALL | By order dated 17 May 1967, an Examiner of the United States
Coast Guard at Seattle, Washington, revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a messman on board SS
SAN JUAN under authority of the document above described, on or
about 22 March 1966, Appellant wrongfully had marijuana in his
possession 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 entered an order revoking all
documents issued to Appellant.
The entire decision was served in February 1968. Appeal was
timely filed in March 1968 and perfected on 12 June 1968. | Appeal No. 1705 | Suspension and Revocation Appeals Authority | 6/27/1968 | 6/27/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1835 - MURRAY | By order dated 17 October 1968, an Examiner of the United
States Coast Guard at Baltimore, Md., revoked Appellant's seaman's
documents upon finding him guilty of misconduct. The
specifications found proved, some thirty in number, need not be set
forth here in view of the action to be taken in this case.
At the hearing, Appellant elected to act as his own counsel.
The pleas and the evidence need not be discussed.
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 revoking all
documents issued to Appellant.
The entire decision was served on 18 October 1968. Appeal was
timely filed on 15 November 1968. | Appeal No. 1835 | Suspension and Revocation Appeals Authority | 3/26/1971 | 3/26/1971 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1803 - PABON | By order dated 17 October 1969, an Examiner of the United
States Coast Guard at Mobile, Alabama, suspended Appellant's
seaman's documents for 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
SS GULF MERCHANT under authority of the document above captioned,
on or about 4 October 1969, Appellant wrongfully engaged in a fight
with another crew member, Julius Martinez, while the vessel was at
sea.
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 Martinez and voyage records of GULF MERCHANT.
In defense, Appellant testified in his own behalf.
After 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 on
twelve months' probation. | Appeal No. 1803 | Suspension and Revocation Appeals Authority | 7/21/1970 | 7/21/1970 | | 12/27/2017 |
| 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 | 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 | 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 | 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 | 1782 - LEWIS | By order dated 18 February 1969, an Examiner of the United
States Coast Guard at Seattle, Washington admonished Appellant upon
finding him guilty of misconduct. The specification found proved
alleges that while serving as chief cook on board SS METAPAN under
authority of the document above captioned, on or about 26 December
1968, Appellant assaulted another member of the crew, one Delbert
E. Kemmerer.
A second specification, alleging that Appellant created a
disturbance aboard the vessel on the same occasion, was found not
proved.
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of not guilty to the charge and each specification.
The Investigating Officer introduce in evidence the testimony
of two witnesses, the testimony of Kemmerer (whose hearing was held
in joinder with that of Appellant), and certain voyage records of
METAPAN.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and first
specification had been proved by plea, with the second
specification not proved. The Examiner then entered an order
admonishing Appellant. | Appeal No. 1782 | Suspension and Revocation Appeals Authority | 12/17/1969 | 12/17/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1929 - JAVIER | By order dated 18 June 1970, an Administrative Law Judge of
the United States Coast Guard at San Francisco, California,
suspended Appellant's seaman's documents for three months upon
finding him guilty of misconduct. The specifications found proved
allege that while serving as an oiler on board SS FRONTENAC VICTORY
under authority of the document above captioned, on or about 6
August 1968, Appellant, at San Francisco, California:
(1) wrongfully used abusive language to an officer of the
United States Coast Guard, LTJG David B. Weiner, in the
performance of his duties; and
(2) wrongfully assaulted a member of the Coast Guard, Chief
Petty Officer R. J. Collins, in the performance of his
duties.
At the hearing, Appellant was represented by professional counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of FRONTENAC VICTORY and the testimony of three witnesses.
In defense, Appellant offered in evidence his own testimony.
After the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specifications had been proved. The Judge then entered an
order suspending all documents issued to Appellant for a period of
three months. | Appeal No. 1929 | Suspension and Revocation Appeals Authority | 5/22/1973 | 5/22/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1941 - VELEZ | By order dated 18 May 1972, an Administrative Law Judge of the
United States Coast Guard at San Francisco, California suspended
Appellant's seaman's documents for 2 months outright plus 2 months
on 12 months' probation upon finding him guilty of misconduct. The
specification found proved alleges that while serving as a Crew
Pantryman on board the SS BEAUREGARD under authority of the
document above captioned, on or about 23 February 1972, Appellant
did wrongfully fail to join said vessel upon her departure from
DaNang, Vietnam.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence excerpts from
the Shipping Articles and the official ship's log, and the
testimony of the Master. In defense, Appellant offered in evidence his own testimony
and a letter and memorandum from the Consulate in DaNang, Republic
of Vietnam.
At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved. The Administrative Law Judge
then entered an order suspending all documents issued to Appellant
for a period of 2 months outright plus 2 months on 12 months's
probation. | Appeal No. 1941 | Suspension and Revocation Appeals Authority | 6/12/1973 | 6/12/1973 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1654 - DA CUNHA | By order dated 19 August 1966, an Examiner of the United
States Coast Guard at New York suspended Appellant's seaman's
documents for 1 month outright plus 5 months on 12 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a steward
utility on board the United States SS FLYING FOAM under authority
of document above described, on or about 26 May 1966, Appellant
used foul and abusive language and threatened bodily harm to the
Chief Officer.
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 official
logbook and shipping articles of the vessel, and the testimony of the Chief Officer.
In defense, Appellant offered in evidence the testimony of the
two witnesses, and took the stand himself.
After the hearing, the Examiner rendered a decision in which
he concluded that the charge and both specifications had been
proved. The Examiner then served a written order on Appellant
suspending all documents issued to him for 1 month outright plus 5
months' on 12 months' probation. | Appeal No. 1654 | Suspension and Revocation Appeals Authority | 8/10/1966 | 8/10/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1787 - BEARD | By order dated 19 August 1968, an Examiner of the United
States Coast Guard at Seattle, Washington revoked Appellant's
seaman's documents upon finding him guilty of misconduct. The
specification found proved alleges that while serving as an AB
seaman on board SS HARVARD VICTORY under authority of the document
above described, on or about 10 October 1966, Appellant, while the
vessel was at Saigon, Viet Nam, assaulted and battered by beating
with his fists and kicking with his feet a fellow crewmember, one
Alfred A. Bruce.
At the hearing, Appellant entered a plea of not guilty to the
charge and specification.
The Investigating Officer introduced in evidence a voyage
record of HARVARD VICTORY and the testimony of two witnesses
obtained by deposition on written interrogatories. In defense, Appellant offered in evidence the testimony of two
witnesses obtained by deposition on written interrogatories.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order revoking all
documents issued to Appellant. | Appeal No. 1787 | Suspension and Revocation Appeals Authority | 4/1/1970 | 4/1/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1824 - INMAN | By order dated 19 February 1970, an Examiner of the United
States Coast Guard at New Orleans, La., 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 ordinary seaman on board SS GREEN LAKE under
authority of the document above captioned, Appellant:
(1) on or about 15 May 1969, while the vessel was at a
foreign port, wrongfully failed to perform his assigned
duties;
(2) on or about 20 May 1969, while the vessel was at sea,
wrongfully failed to perform his assigned duties;
(3) on or about 21 May 1969, while the vessel was at a
foreign port, wrongfully failed to perform assigned
duties; and (4) on or about 21 May 1969, wrongfully deserted the vessel
at a foreign port.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification.
The Investigating Officer introduced in evidence voyage
records of GREEN LAKE.
In defense, Appellant offered in evidence 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 entered an order suspending all
documents issued to Appellant for a period of six months. | Appeal No. 1824 | Suspension and Revocation Appeals Authority | 10/27/1970 | 10/27/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1660 - MCGRUDER | By order dated 19 January 1967, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's seaman
documents for 12 months outright plus 12 months on 18 months'
probation upon finding him guilty of misconduct. The
specifications found proved allege: (1) that while serving as an
oiler on board the United States SS CHARLES LYKES under authority
of the document above described, on or about 30 and 31 October
1966, and 1 November 1966, Appellant did wrongfully absent himself
from the vessel while it was in the port of Manila, Republic of the
Philippines; (2) that Appellant, while serving as indicated above,
on or about 2 through 9 November 1966, between the hours of 0000
and 0800, did wrongfully absent himself from the vessel while it
was in the port of Manila, Republic of the Philippines; (3) that
Appellant, while serving as indicated above, on or about 15
November 1966, between the hours of 0000 and 0400, did wrongfully
fail to perform his assigned duties due to intoxication while the
vessel was in the port of Manila, Republic of the Philippines; (4)that Appellant, while serving as indicated above, on or about 23
and 24 November 1966, between the hours of 0000 and 0800, did
wrongfully absent himself from the vessel while it was in the port
of Saigon, Viet Nam; (5) that Appellant, while serving as indicated
above, on or about 28 and 29 November 1966, between the hours of
0000 and 0800, did wrongfully absent himself from the vessel while
it was in the port of Saigon, Viet Nam; (6) that Appellant while
serving as indicated above, on or about 3 and 4 December 1966,
between the hours of 0000 and 0800, did wrongfully absent himself
from the vessel while it was in the port of Saigon, Viet Nam; and
(7) that Appellant, while serving as indicated above, on or about
9 December 1966, between the hours of 0000 and 0800, did wrongfully
absent himself from the vessel while it was in the port of Saigon,
Viet Nam. | Appeal No. 1660 | Suspension and Revocation Appeals Authority | 9/20/1967 | 9/20/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1712 - KELLY | By order dated 19 January 1968, an Examiner of the United
States Coast Guard at Long Beach, Cal. suspended Appellant's
seaman's documents for nine months on eighteen months' probation
upon finding him guilty of misconduct. The specifications found
proved allege that while serving as an AB seaman on board SS
SEATRAIN NEW JERSEY under authority of the document above
described, on or about 30 November 1967, Appellant wrongfully
failed to perform his assigned duties between 0800 and 1700 at
Vungtau, Vietnam, and, on 26 December 1967, wrongfully failed to
join the vessel on its departure from Yokohama, Japan.
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 in evidence certain
voyage records of SEATRAIN NEW JERSEY.
In defense, Appellant offered evidence in extenuation.
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 order
suspending all documents issued to Appellant for a period of nine
months plus nine months on eighteen months' probation. | Appeal No. 1712 | Suspension and Revocation Appeals Authority | 7/3/1968 | 7/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1652 - MACKENSWORTH | By order dated 19 July 1966, an Examiner of the United States Coast
Guard at Chicago, Illinois suspended Appellant's seaman's documents
for 6 months on 18 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 EXTAVIA under
authority of the document above described, on or about 26 June
1966, Appellant failed to perform his duty, battered the second
mate, and destroyed ship's property.
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 second mate and the master, and the official log book of the
vessel.
In defense, Appellant offered in evidence the testimony of an Ordinary Seaman, and his own account of the events that evening.
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 6 months on
18 months' probation. | Appeal No. 1652 | Suspension and Revocation Appeals Authority | 8/3/1967 | 8/3/1967 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 1745 - GURY | By order dated 19 June 1968, an Examiner of the United States
Coast Guard at New York, N.Y. suspended Appellant's seaman's
documents for two months outright plus four months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as an
electrician on board SS EXCHESTER under authority of the document
above captioned Appellant,
(1) on or about 17 October 1967, wrongfully attempted "to
commit larceny of ship's property by preparing to have
electrical components removed from the electrical shop,
while the vessel was at Catania, Italy" and
(2) on or about 25 November 1967 wrongfully failed to report
for a fire and boat drill at sea.
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 voyage
records of EXCHESTER and the testimony of one witness, the first
assistant engineer of the ship.
In defense, Appellant offered in evidence his own testimony. | Appeal No. 1745 | Suspension and Revocation Appeals Authority | 12/6/1968 | 12/6/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1587 - ROBERTSON | By order dated 19 May 1966, an Examiner of the United states
Coast guard at Galveston, Texas, revoked Appellant's seaman's
documents upon finding him guilty of the charge of "conviction for
a narcotic drug law violation." The specification found proved
alleges that while as a holder of a merchant mariner's document
above described, on or about 22 April 1966, Appellant was convicted
in the United States District Court for the Southern District of
Texas, Houston Division, for violation of a narcotic drug law of
the United States, to wit: acquiring marihuana without having paid
the transfer tax, in violation of 26 U.S.C. 4744(a) (1).
At the hearing, Appellant elected to act as his own counsel.
Appellant entered a plea of guilty to the charge and specification.
A certified copy of the judgment of conviction alleged in the
specification was introduced into evidence.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered an oral
decision in which he concluded that the charge and specification
had been proved by plea. The Examiner then entered an order
revoking all documents issued to Appellant. | Appeal No. 1587 | Suspension and Revocation Appeals Authority | 9/26/1966 | 9/26/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1768 - PEREIRA | By order dated 19 October 1967, an Examiner of the United
States Coast Guard at San Francisco, California, suspended
Appellant's seaman's documents for three months upon finding a
charge of misconduct proved. The specifications found proved
allege that while serving as a plumber/machinist on board SS BOISE
VICTORY under authority of the document above captioned, Appellant:
(1) on or about 2 October 1967, while the vessel
was at sea, failed to obey an order of the
master to return to him a copy of a letter;
(2) on or about 3, 4, 5, 6, 9, 10, 11, 12, 13, 14,
and 15 October 1967, failed to perform duties
at sea;
(3) on or about 2 October 1967, wrongfully created
a disturbance at sea; and (4) on or about 2 October 1967, failed to obey an
order of the master not to use certain toilet
facilities on the ship.
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 testimony
of three witnesses and voyage records of BOISE VICTORY.
In defense, Appellant offered in evidence his own testimony,
that of two witnesses, a shirt, and a medical record.
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, on 14 December 1967, entered
an order suspending all documents issued to Appellant for a period
of three months. | Appeal No. 1768 | Suspension and Revocation Appeals Authority | 5/26/1969 | 5/26/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1688 - YOUNG | By order dated 2 August 1967, an Examiner of the United States
Coast Guard at San Francisco, California, revoked Appellant's
seaman's documents upon finding him guilty of 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 28 November 1956, Appellant was convicted in
Municipal Court for the City and county of San Francisco of
violation of 11721 of the Health and Safety Code of the State of
California.
Appellant did not appear at the hearing. The Examiner entered
a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence documentary
proof that Appellant was in fact holder of the document in question
on the date alleged and that Appellant had been convicted as
alleged. Because of Appellant's absence, nothing was offered in
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 entered an order revoking all
documents issued to Appellant. | Appeal No. 1688 | Suspension and Revocation Appeals Authority | 3/19/1968 | 3/19/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1743 - LONG | By order dated 2 August 1968, an Examiner of the United States
Coast Guard at Long Beach, Cal., suspended Appellant's seaman's
documents for 12 months, upon findings him guilty of misconduct.
The specification found proved alleges that while serving as third
assistant engineer on board SS COEUR D'ALENE VICTORY under
authority of the document and license above captioned, on or about
8 April 1968, while the vessel was at sea, Appellant was, at about
1245, under the influence of alcohol while he was in charge of the
engine room watch.
At the hearing, Appellant did not appear. The Examiner
entered a plea of not guilty to the charge and specification.
The Investigating Officer introduced in evidence voyage
records of COEUR D'ALENE VICTORY and a deposition by the chief
engineer of the vessel. | Appeal No. 1743 | Suspension and Revocation Appeals Authority | 12/3/1968 | 12/3/1968 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1578 - INGHAM | By order dated 2 December 1965, an Examiner of the United
States Coast Guard at New York, New York, revoked seaman's
documents upon finding him guilty of misconduct. The specification
found proved alleges that while serving as a deck maintenance man
on board the United States SS FLYING ENTERPRISE II, under authority
of the document above described, on or about 29 May 1964, Appellant
wrongfully had a quantity of marijuana in his possession aboard the
ship.
A second specification, dismissed by the Examiner but
mentioned here because of its bearing on the appeal, was that
Appellant, while so serving, had wrongfully purchased marijuana in
Panama on 25 May 1964.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
each and each specification.
several witnesses taken in San Juan, Puerto Rico, in the
presence of Appellant's counsel.
In defense, Appellant offered nothing by way of affirmative
evidence.
At the end of the hearing, the Examiner rendered a decision in
which he concluded that the charge and the first specification had
been proved. The Examiner entered an order revoking all documents
issued to Appellant. | Appeal No. 1578 | Suspension and Revocation Appeals Authority | 8/17/1966 | 8/17/1966 | | 12/28/2017 |
| Suspension and Revocation Appeals Authority | 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 | 1795 - COATES | By order dated 2 December 1969, an Examiner of the United
States Coast Guard at Philadelphia, Pennsylvania, suspended
Appellant's seaman's documents for one year upon finding him guilty
of misconduct. The specifications found proved allege that while
serving as a wiper on board SS HOPE, at Colombo, Ceylon, under
authority of the document above captioned, Appellant:
1) on 4 August 1968, failed to stand a 1600-2000 watch;
2) on 9 October 1968, was absent from duties from 1600-2400;
3) on 10 October 1968, wrongfully left his duty station
during the 1600-2400 watch and was "found lying in [his]
bunk at approximately 1815 hours, this being the second
offense of this nature";
4) on 27 November 1968, wrongfully left his duty station at
1030 and remained absent for the rest of the day; and
5) on 2 January 1969 failed to report for duty on time and,
after being admonished for tardiness, left the duty
station and failed to turn to;
and, while so serving when the vessel was at sea:
6) on 17 March 1969, failed to perform his assigned duties;
7) on 19 March 1969, failed to perform duties because of
intoxication; and
8) on 20 March 1969, failed to perform duties because of
intoxication.
At the hearing, Appellant was represented by non-professional
counsel. Appellant entered a plea of not guilty to the charge and
each specification. | Appeal No. 1795 | Suspension and Revocation Appeals Authority | 7/2/1970 | 7/2/1970 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1967 - KENOPKE | By order dated 2 February 1971, an Examiner of the United
States Coast Guard at New Orleans, La., admonished Appellant upon
finding him guilty of negligence. The specification found proved
alleges that while serving as master on board the SS GREEN DALE
under authority of the license above captioned, on or about 29 June
1968, Appellant neglected to exercise precautions required by
International Rules of the Road, Rule 29, in that he "failed to
take timely evasive action although whistle signal exchanges
between the SS GREEN DALE and MV NYMPHE so indicated action and
thereby contributed to a collision between the SS GREEN DALE and
another vessel, the MV NYMPHE.
At the hearing, Appellant was represented by professional
counsel. Appellant entered a plea of not guilty to the charge and
specification.
The Investigating Officer introduced in evidence a report of casualty involving GREEN DALE and the testimony of one witness.
In defense, Appellant offered no evidence.
At the end of the hearing, the Examiner rendered a written
decision in which he concluded that the charge and specification
had been proved. The Examiner then entered an order of admonition
against Appellant.
The entire decision was served on 8 February 1971. Appeal was
timely filed on 2 March 1971. Although Appellant had until 2 June
1971 to add to his appeal he has not done so. | Appeal No. 1967 | Suspension and Revocation Appeals Authority | 7/3/1973 | 7/3/1973 | | 12/27/2017 |
| 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 | 1721 - CLIFTON | By order dated 2 March 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 a
fireman-watertender on board SS YORK under authority of the
document above described, on or about 7 June 1965, Appellant
assaulted and battered one Melvin Chandler, a fellow crewmember, by
striking him with his fists, and on 20 June 1965 wrongfully failed
to perform duties between 0000 and 0800 by reason of being under
the influence of alcohol.
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 certain
voyage records of YORK, the testimony of Chandler, depositions of three other witnesses, and, by stipulation with counsel, a
handwritten statement of another witness.
In defense, Appellant offered in evidence his own testimony.
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 six
months. | Appeal No. 1721 | Suspension and Revocation Appeals Authority | 8/16/1968 | 8/16/1968 | | 12/27/2017 |
| 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 | 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 | 1899 - GARCIA | By order dated 2 March 1972, an Administrative Law Judge 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 wiper on board SS EXPORT AIDE under authority of the
document above captioned, on 15 October 1971, Appellant wrongfully
had in his possession a narcotic, to wit: hashish.
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 record of
conviction in the Criminal Court, Kings County, City of New York
for possession of drugs.
In defense, Appellant made an unsworn statement. At the end of the hearing, the Administrative Law Judge
rendered a written decision in which he concluded that the charge
and specification had been proved by plea. He then entered an
order revoking all documents issued to Appellant. | Appeal No. 1899 | Suspension and Revocation Appeals Authority | 12/5/1972 | 12/5/1972 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1777 - CESSFORD | By order dated 2 November 1966, an Examiner of the United
States Coast Guard at Houston, Texas, suspended Appellant's
seaman's documents for nine months plus six months on twelve
months' probation upon finding him guilty of misconduct. The
specifications found proved allege that while serving as a deck
maintenance/AB on board SS TRANSORLEANS under authority of the
document above captioned, Appellant:
1 on 20 July 1966 was absent from the vessel and
his duties without authority at Bombay, India;
2 and (3) on 21 and 22 July 1966, failed to
perform duties at Bombay, India;
4 on 4 August 1966 failed to perform duties at sea because
of intoxication;
5 on 5 August 1966, failed to perform duties at sea;
6 on 3 September 1966 at Kawjalein, M.I., failed to perform
duties because of intoxication;
7 on the same date and at the same place failed to obey an
order of the mate on watch;
8 on the same date and at the same place, addressed abusive
language to ship's officers;
9 on the same date and at the same place threatened to set
fire to the vessel which was then discharging oil cargo;
10 on the same date and at the same place, assaulted the
chief mate, with a threat to life, and directed abusive
language toward him; | Appeal No. 1777 | Suspension and Revocation Appeals Authority | 7/3/1969 | 7/3/1969 | | 12/27/2017 |
| Suspension and Revocation Appeals Authority | 1946 - MCCLAIN | By order dated 2 November 1971, an Administrative Law Judge of
the United States Coast Guard at Long Beach, California suspended
Appellant's seaman's documents for 6 months outright plus 3 months
on 6 months' probation upon finding him guilty of misconduct and
negligence. The specifications found proved allege that while
serving as Third Assistant Engineer on board the SS SONOMA under
authority of the license above captioned, Appellant:
(1) On or about 18 January 1971, was negligent in failing to
properly supervise the operation of all machinery and the assigned
personnel on the 1600-2400 watch, thereby contributing to the
boiler casualty on that date; and
(2) On or about 29 January 1971, did wrongfully assault and
batter the Second Assistant Engineer; And that while so serving on board the SS SEATRAIN LOUISIANA,
Appellant did:
(3) On or about 7 June 1969, wrongfully fail to perform his
regularly assigned duties, to wit, the 0000-0400 watch.
At the hearing, Appellant was represented by professional
counsel and entered a plea of not guilty to the charges and to each
of the first two specifications.
The Investigating Officer introduced in evidence extracts from
the Shipping Articles and Official Logbooks of the vessel, the
deposition of an Oiler and the testimony of the Chief Engineer of
the SS SONOMA.
In defense, Appellant offered in evidence his own testimony.
At the end of the hearing, the Administrative Law Judge rendered an
oral decision in which he concluded that the charges and the above
specifications had been proved, the third by plea. The
Administrative Law Judge then served a written order on Appellant
suspending all documents issued to him for a period of 6 months
outright plus 3 months on 6 months' probation. | Appeal No. 1946 | Suspension and Revocation Appeals Authority | 7/18/1973 | 7/18/1973 | | 12/27/2017 |