CG captain faces adultery court-martial - Navy News | News from Afghanistan & Iraq - Navy Times

CG captain faces adultery court-martial

A former sector commander in Alaska is facing a general court-martial for charges of adultery, fraternization and other sexual improprieties.

Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; 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,” according to charging documents.

Coast Guard Rear Adm. Christopher Colvin, 17th District commander, has referred the matter to a court-martial July 21, according to Lt. Cmdr. Greg Versaw, a staff attorney for the 17th District. A motions hearing will be held April 5.

No one else has been charged, but the investigation is ongoing, said Lt. Eric Eggen, a spokesman for the 17th Coast Guard District.

Neither Hamilton nor his defense attorney Navy Lt. Cmdr. Eric McDonald returned calls for comment.

The Anchorage Daily News reported, however, that Hamilton’s attorneys acknowledged at his Article 32 hearing in December that their client committed adultery and fraternized with enlisted women. However, they said his affairs would not be considered illegal in the civilian world. As a result, they said that he should get an admiral’s mast — a nonjudicial disciplinary hearing — not a criminal proceeding that could end with a prison term, according to the paper.

In addition, his attorney, Navy Lt. Tim Bergstrom, argued that Hamilton never abused his position by advancing the careers of the women and the affairs did not affect his work, according to the newspaper.

Hamilton did not testify at the three-day hearing.

Hamilton, 48, had been the commander of Sector Anchorage, overseeing 200 personnel in charge of all the ports in western Alaska.

Hamilton, who is working for the chief of staff in Sector Anchorage, was removed from command May 11 for the alleged misconduct and a loss of confidence in his ability to command. Hamilton was charged Nov. 3 with 31 violations of the Uniform Code of Military Justice, according to a Coast Guard news release. Two of those counts were not referred: one count of sodomy and one count of falsifying a travel order, Versaw said. A count of obstructing justice was added, he said.

According to the charges filed, Hamilton is accused of sexual improprieties that allegedly took place in Alaska and other states and involved multiple women, including enlisted Coast Guard personnel.

On Dec. 16, a Coast Guard petty officer told the court the captain had been her best friend until the abrupt ending to the affair. She said she and Hamilton met in New Orleans while responding to Hurricane Katrina, started a sexual relationship then and continued it for years. The two never lived in the same city but had daily contact via text messages, e-mails and phone calls.

Hamilton, a married man, had been in the Coast Guard for 20 years. The UCMJ prohibits adulterous affairs that affect “the good order and discipline” of the Coast Guard. The code also prohibits officers from fraternizing with enlisted personnel.

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 2009, according to the documents.

The charges stretch from November 2004 until he was relieved of command in 2009. Hamilton had been the deputy commander at Sector Los Angeles/Long Beach, Calif., before he came to Anchorage in July 2008.

— — —

The Associated Press contributed to this report.

Related reading

CG captain says affairs not criminal