UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

United States of America 

United States Coast Guard 

vs 

MERCHANT MARINER'S DOCUMENT 

NO. 105-34-3220 

ISSUED TO: 

ARCHIBALD DERRY NELSON 

Respondent 

APPEARANCES: 

LT Christopher Tribolet, 

For the Coast Guard 

Archibald Derry Nelson, Pro se 

For the Respondent 

BEFORE: Hon. Parlen L. McKenna 

Administrative Law Judge 

DECISION AND ORDER 

Docket No. 02-0035 

CG Activity No. 1478868 

This suspension and revocation proceeding was instituted by the United States Coast 

Guard in the discharge of its duty to promote the safety of life and property at sea. It was 

brought pursuant to the legal authority contained in Title 46 U.S.C. § 7701-7705 and was 

conducted in accordance with the procedural requirements of Title 46, code of Federal 

Regulations (CFR) part 5 and Title 33 CFR part 20. 

The hearing in this matter commenced in Alameda, California on Wednesday, January 23, 

2002. LT Christopher Tribolet, USCG duly authorized Investigating Officer of Marine Safety 

Office, United States Coast Guard, appeared for and represented the Coast Guard. Respondent 

appeared personally and elected to represent himself. A record of the hearing was made by Aiken 

& Welch, a certified court-reporting firm. A list of the exhibits entered into evidence are set 

forth in Attachment A. 

On January 16, 2002, the Coast Guard filed a Complaint pursuant to 46 U.S.C. 7703 and 

46 C.F.R 5.27 charging the Respondent with Misconduct as follows (See Government Exhibit 

No.1): 
(1) that on February 23, 2001, the Respondent was convicted of driving under the 

influence; and 

(2) that on January 9, 2002, the Respondent violated Title 18 United States Code 1001 by 

wrongfully indicating on an application for renewal of his Merchant Mariner's 

Document that he had not been convicted of operating a vehicle while under the 

influence of alcohol. 

At the commencement of the hearing, the Coast Guard (and with no opposition from 

Respondent) made a Motion that the second factual allegation of Misconduct be withdrawn 

(without prejudice). That Motion was granted. 

The Respondent has been charged with Misconduct and has entered a plea of "admit". 

Accordingly, the Charge of Misconduct with one underlying specification is hereby found 

PROVEN. 

Pursuant to a joint stipulation, Respondent has no prior record. The Coast Guard is 

recommending a sanction in this case of Two (2) months outright suspension, effective January 

23, 2002. The Respondent argues that he has a long history of good service without incidents of 

misconduct. Under this circumstance, he asks that the sanction be a one (1) month outright 

suspension. 

After considering all of the facts and circumstances of this case, I find that the appropriate 

sanction should be a six (6) month suspension, three months outright effective November 23, 

2001, with the remaining three (3) months remitted on twelve (12) months probation. Drinking 

and driving is unacceptable conduct and must not be tolerated. Thus, a greater sanction is clearly 

warranted. However, since the Respondent has not worked under his Merchant Mariner 

Document since prior to the incident in question, two (2) months credit will be applied to the 

three (3) month outright suspension. Both parties agree that this sanction is appropriate. 

Based upon the foregoing and for good cause shown, it is; 

ORDERED 

THAT Merchant Mariner's Document No. 105-34-3220 issued to ARCHIBALD DERRY 

NELSON, the Respondent herein, and all other valid licenses and/or documents issued to him by 

the United States Coast Guard, or any predecessor authority, now held by him, are hereby 

suspended for six (6) months, three (3) months outright effective November 23, 2001, with the 

remaining three (3) months remitted on twelve (12) months probation. The probation period is to 

commence at the end of the period of outright suspension (February 23, 2002). 

Dated: January 24, 2002 

Alameda, CA 

<~~~~~ Hon. PARLEN L. MCKENNA 

Administrative Law Judge 

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