Name: Eric K. Myers
U.S. V. Myers NMCCA 200300704
Sentence adjudged February 28, 2002.
Decided November 16, 2004
Plea: Guilty
Charges: Carnal knowledge and indecent acts with a person under 16 years old
Military Branch: U.S. Marine Corps
Listed In National Sex Offenders Registry? Yes, Florida
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Eric K. Myers
Sergeant (E-5), U.S. Marine Corps
Convicted Sex Offender
Carnal Knowledge And Indents Acts With A Person Under 16
A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of carnal knowledge, indecent acts with a person under 16 years of age, and two specifications of adultery, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934. The appellant was sentenced to a dishonorable discharge, confinement for 4 years, total forfeiture of pay and allowances, and reduction to pay grade E-1. The convening authority approved the sentence as adjudged, but suspended all confinement over 14 months.
At the time of the offenses, the appellant was a married 24-year-old Marine sergeant and the father of three small children. He was serving an unaccompanied tour of duty and residing in the barracks at Marine Corps Air Station, Iwakuni, Japan. He had served 6 years of otherwise excellent military service. During August of 2001, the appellant had sexual intercourse with a female lance corporal who was apparently single. There is no indication in the record that she was disciplined for adultery or any other offense. During September of 2001, the appellant had sexual intercourse 4 times with a married female sergeant. The female sergeant later received nonjudicial punishment for adultery.
During that same month, the appellant met Miss E, who correctly told him that she was 14 years of age. During a work break while moonlighting at the base movie theatre, the appellant took her to a secluded area behind the movie screen where he kissed her, rubbed his hands on her body, and fondled her breasts. Later that month, the appellant went to her apartment while her parents were out and had sexual intercourse with her.
On different occasions, two other Marines also had sexual relations with Miss E. Each pled not guilty at separate general courts-martial, but were convicted of sexual relations with Miss E. We have not been advised of the original allegations against either accused. Lance Corporal (LCpl) Withrow was convicted of carnal knowledge with Miss E. He was married and had one child. He was sentenced to confinement for 9 months, total forfeitures of pay and allowances, and reduction to pay grade E-1. Sergeant (Sgt) Johnson was convicted of indecent acts with Miss E. He was married and had more than one child. He was sentenced to receive a punitive letter of reprimand and to be reduced to pay grade E-4.
Accordingly, the findings are affirmed. We affirm so much of the sentence as provides for a bad-conduct discharge, confinement for 14 months, total forfeiture of pay and allowances, and reduction to pay grade E-1.
