DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

United States of America 

United States Coast Guard 

VS 

MERC&~NT MARINER'S DOCUMENT 

No 

ISSUED TO: 

GLENN B. HENDERSON 

Respondent 

Docket No. 01-0608 

PA Case No. 01001 175 

APPEARANCES: 

LTJG Lance Lindgren 

LT Chris Tribolet, 

For the Coast Guard 

Glenn B. Henderson, Pro se 

For the Respondent 

BEFORE: Hon. Parlen L. McKenna 

Administrative Law Judge 

DECISION AND ORDER 

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 cotgained in 46 U.S.C. ff 7701-7705 and was conducted in 

accordance with the procedural requirements of 5 U.S.C. $ 55 1-559, Part 5 of Title 46 and Part 

20 Title 33 of the Code of Federal Regulations (C.F.R.). 

The hearings in this matter were held in Alameda, CA on January 17,24 and February 7. 

LTJG Lance Lidgren and LT Chris Tribolet, USCG duly authorized Investigating OMicers of 

the Marine Safety Office, United States Coast Guard, appeared for and represented the Coast 

Guard. Mr. John P. Camp, Esq., appeared for the Respondent on January 17,2002. At that time, 

Mr. Camp indicated that the Respondent was physically unable to attend the hearing. Thereafter, 

Mr. Camp made a motion to withdraw and requested a continuance in this matter so that the 

Respondent could retain a new lawyer. That Motion was granted by the undersigned and the 

hearing was scheduled for January 24,2002. Pursuant to 46 CFR 5.521(b), the Respondent 

Merchant Mariner's Document No. 564-13-3106 was turned over to the Coast Guard on January 

24,2002 (See Government Exhibit No. 7). 
At the January 24,2002 hearing, the Respondent requested an additional continuance for 

the purpose of obtainmg counsel. The undersigned granted that request. The Respondent was 

given until close of business on Tuesday, Januruy 29,2002, to contact the court with the name 

and phone number of the lawyer that Respondent retained. Respondent failed to respond as 

ordered. The hearing was rescheduled for Thursday, February 7,2002 me Government No. 13). 

The Respondent appeared, failed to retain counsel and elected to represent himself. A record of 

the hearing was made by Aiken & Welch, a certified court-reporting firm. A List of the witnesses 

who testified and the exhibits entered into evidence are set forth in the Attachment A. 

On September 12,2001, the Coast Guard filed a Complaint pursuant to 46 U.S.C. 5 7703 

and 46 C.F.R. $5.27 charging the Respondent with Misconduct as follows: 

FACTUAL ALLEGATIONS: I 

I 

(1) On April 17,2001, you returned to the ship late from shore leave in Jebel Ali, Dubai 

and were ordered by the Master to report to the Master's office. 

(2) The Master smelled an alcoholic beverage on your breath and asked you if you had 

been drinking. 

(3) You told the Master that you had consumed alcohol by stating something to the effect 

of, "I have had some beers." 

(4) The Master felt he had reasonable cause for directing a chemical test and ordered you 

to submit to an onboard breathalyzer test. 

(5) You failed to obey the Master's order by refusing to submit to the chemical test. 

The Coast Guard proposed a sanction of twelve (12) months suspension, six (6) months 

outright, with the remaining six (6) months remitted on twelve (12) months probation. In support 

of that position, the Coast Guard introduced documentary evidence demonstrating that the 

Respondent has longstanding alcohol related problems. In addition, the Coast Guard notes that 

the Respondent has totally failed to try to rectify these problems. Accordingly, the Coast Guard 

states that a more severe sanction is warranted in this case than might otherwise be warranted. 

The Respondent offered no rebuttal to the Coast Guard's arguments. 

The finding of facts and conclusions of law which follow are prepared upon my analysis of 

the entire record, and applicable regulat2ns, statutes, and case law. Each exhibit entered, 

although perhaps not specifically mentioned in this decision, has been carefully reviewed and 

given thoughtful consideration. 

FINDINGS OF FACT 

1. Glenn B. Henderson, the Respondent herein, was at all times the holder of Merchant Mariner's 

Document No-~es~ondent's document issued at San Francisco, CA and expires on 

March 16,2002. It authorizes him to serve as: Able bodied-Spec, wiper, Steward's Department 

(Food handler), Tankerman-Assistant (DL) me Government Exhibit No. 7). 

2. Timely and proper notice was given to the Respondent of the dates, time and place of each 

hearing (See Government Exhibit Nos. 4,5 and 13). 
3. Respondent was f'ully advised of his right to counsel and stated on the record that he wished to 

proceed p& @e Februay 7;2002 TR). 

4. The Respondent entered an answer of "admit" to the supporting allegations. Respondent had 

been fully informed as to the consequences of such aplea. Respondent entered his answer of 

"admit" voluntarily, intelligently, knowingly and was at the time klly aware of the possible 

consequences of such an answer. 

5. Such an answer operates as an admission of all matters of fact as charged and averred and 

constituted a waiver of all non-jurisdictional defects and defenses, and obviates the requirement 

for establishing a prima facie case.(46 C.F.R. 5.527 (c); Appeal Decision No. 2363-Arnold; 

Appeal Decision No. 2376-Frank; Appeal Decision No. 2458-German and Appeal Decision No. 

2480-Lett). 

6. The Respondent's prior record of alcohol problems maintained by the U.S. Coast Guard, is as 

follows: - 

1) On August 6, 1994, a search was conducted of Mr. Henderson's room for 

alcohol, based on information that Mr. Henderson had purchased alcohol on 

his return from medical examination. Three cans of beer were found in his 

room. Mr. Henderson was tested with a intoxirnetcr which obtained a negativc 

result. Mr. Henderson's actions violated company policy and on September 7, 

1994 a Sea-Land official warning was issued. Personnel Action Narrative 

Supplement. 

2) On August 7, 1994, Mr. Henderson was issued a Official Warning letter by the 

vessel concerning this incident. 

3) On August 9, 1994, a follow-up medical examination of Mr. Henderson was 

conducted at the Port of Busan, Korea. The doctor determined that Mr. 

Henderson was unfit for duty (diagnosis differs from Tokyo doctor e.g. acute 

panic disorder) and discharged from the vessel, (I0 Note: Local medical 

authorities informed me that it isnot uncommon for a person having 

symptoms of acute respiratory ti2ct infection to experience panic disorder due 

to chest pains, shortness of breath and so forth). 

4) On August 10, 1994, Mr. Henderson was found to have had in his possession 

the Master's Shore Pass which was returned to the Sea-Lands Yokohama 

office. The master took offense to Mr. Henderson having his liberty pass and 

felt that Mr. Henderson's actions were a deliberate interference with the 

operation of the vessel (See Government Exhibit No 12). 

7. Given the Respondent's continuing and unabated alcohol related problems the 

appropriated sanction in this case is a twelve (12) month suspension, six (6) month 

outright, with the remaining six (6) months remitted on twelve (12) months probation. 46 

C.F.R. ji 5.569 has a suggested range lower than that I-ecornmended by the Coast Guard. 

IZowever, given the severity of the offense and the Respondent's alcohol ~zlatcd history, 

the recommended sanction is clearly warranted. 

3 
8. The acts and conduct of Respondent are within the suspension and revocation jurisdiction 

provided by Title 46 USC ff 7703,46 C.F.R. Paft 5 and Title 33 C.F.R. Part 20. 

1. The Respondent and the subject matter of the hearing are within the jurisdiction vested in the 

United States Coast Guard by 46 4 USC 7703. 

2. The allegations supported by the filing of the Complaint for Misconduct is proved by 

Respondent's answer of "admit" entered at the hearing. 

DISCUSSION 

The Respondent wag charged in this case with "Misconduct" which is defined for the purposes of 

these remedial suspension and revocation proceedings in 46 C.F.R. 9 5.27 as follows: 

""Misconduct" is human behavior which violates some formal, duly established rule. 

Such rules are found in, among other places, statutes, regulations, the common law, 

the general maritime law, a ship's regulation or order, or shipping articles and similar 

sources. It is an act which is forbidden or a failure to do that which is required." 

Based upon the foregoing Findings of Fact and Conclusions of Law and for good cause shown, it 

is: 

ORDERED 

THAT Merchant Mariner's Document N-d to Glenn B. Henderson, 

the Respondent herein, and all other valid licenses andfor documents issued to him by the United 

Statcs Coast Guard, or any prcdcccssor authority, now hcld hy him, arc hereby suspended for 

twelvc (12) montl~s, six (6) niontl~s o~~triglit, with six (6) months remitted on twelve 112) months 

plobatlon elreclive January 24,2002, (thc datc the Rcspondcnt dcpositcd his document with the 

Coast Guard) " -. 

Hon. PARLEN L. MCKENNA 

Administrative Law Judge 

Done and dated this 1" day of March 2002 

Alameda, California 

Copy: 

MSO San Francisco Bay 

CGD l 1 (m) 

ALJ Docketing Center