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news/2009/11/coastguard_hamilton_110409w

CG captain accused of adultery, indecent acts


By Susan Gvozdas - Staff writer
Posted : Saturday Nov 7, 2009 9:03:39 EST

The former commander of Coast Guard Sector Anchorage, Alaska, was charged Tuesday with multiple offenses, including indecent acts, sodomy, fraud and conduct unbecoming an officer.

Capt. Herbert “Mark” Hamilton III was charged with 31 violations of the Uniform Code of Military Justice, according to a Coast Guard press release. Hamilton, who is working for the chief of staff in Sector Anchorage, was temporarily removed from command May 11 for the alleged misconduct and a loss of confidence in his ability to command.

An Article 32 hearing has not been scheduled yet, said Lt. Eric Eggen, a Coast Guard spokesman for the 17th Coast Guard District, which covers Alaska. The investigation is ongoing, he said.

“There’s still a lot we can’t talk about,” Eggen said.

The charges were based on a preliminary investigation conducted by the Coast Guard Investigative Service, according to the press release.

According to charging documents, Hamilton has been accused of failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sodomy; sending and receiving “sexual and amorous text messages” using a government cell phone; photographing sexual acts; downloading and storing sexually explicit material on his government-issued laptop; and making an official phone call “while engaged in sexual activity.” Hamilton also is accused of trying to “wrongfully influence the career of and defame the character” of a fellow service member between January and May, according to the documents.

The charges stretch from November 2004 until he was relieved of command this year. Hamilton had been the deputy commander at Sector Los Angeles/Long Beach, Calif., before he came to Anchorage in July 2008.

At the Article 32 hearing, a Coast Guard officer will review the charges and recommend whether some or all of the charges should be dropped and whether the case should go to court-martial, Eggen said. A final determination on those recommendations would be made by Rear Adm. Christopher Colvin, district commander.

Hamilton would have the right to question witnesses at the proceeding. If the charges are upheld and Hamilton is tried at a general court-martial, he could face confinement and dismissal from the service, according to the Coast Guard press release.

The Anchorage role includes diverse duties, such as verifying compliance of fishing vessels in the Gulf of Alaska and the Bering Sea, and inspecting vessels transporting freight and passengers between the Lower 48 states and western Alaska.

Another mission is inspecting waterfront facilities, tank ships and barges associated with the oil industry.



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