Stewart, shown here as a Brigadier General, addresses the Afghan Air Force Academy.
Request to Retire Instead of Face Charges
Air Force Secretary Frank Kendall has refused a request from Maj. Gen. Phillip Stewart, a two-star general accused of sexual assault and other offenses, to retire instead of facing a court-martial, according to Stewart’s attorneys.
This decision means that Maj. Gen. Stewart, only the second Air Force general to be charged with a sexual crime, will go to trial by court-martial in June. Stewart was relieved of his command of the 19th Air Force at Joint Base San Antonio, Texas, last year.
Multiple Charges
Stewart faces charges of allegedly performing a sex act on a woman without her consent near Altus Air Force Base, Oklahoma, in April 2023, as stated in a military charge sheet. Additionally, he is charged with conduct unbecoming an officer for allegedly inviting someone to “spend the night alone with him in his private hotel room” near Denver, Colorado, during official travel in March 2023. The charges also include extramarital sexual conduct.
“We are looking forward to our day in court,”
Stewart’s lead attorney, Sherilyn Bunn, told Military.com in a statement. Kendall and the Department of the Air Force spokespeople did not comment.
Stewart’s retirement request in lieu of a court-martial was submitted in January. Jeffrey Addicott, a member of Stewart’s legal team and a professor of law at St. Mary’s University School of Law, confirmed that Kendall denied the request. The denial reportedly occurred on February 20.
Stewart pleaded not guilty in March, with his trial set for June 17.
Request to Retire Instead of Face Charges
Air Force Secretary Frank Kendall has refused a request from Maj. Gen. Phillip Stewart, a two-star general accused of sexual assault and other offenses, to retire instead of facing a court-martial, according to Stewart’s attorneys.
This decision means that Maj. Gen. Stewart, only the second Air Force general to be charged with a sexual crime, will go to trial by court-martial in June. Stewart was relieved of his command of the 19th Air Force at Joint Base San Antonio, Texas, last year.
Multiple Charges
Stewart faces charges of allegedly performing a sex act on a woman without her consent near Altus Air Force Base, Oklahoma, in April 2023, as stated in a military charge sheet. Additionally, he is charged with conduct unbecoming an officer for allegedly inviting someone to “spend the night alone with him in his private hotel room” near Denver, Colorado, during official travel in March 2023. The charges also include extramarital sexual conduct.
“We are looking forward to our day in court,”
Stewart’s lead attorney, Sherilyn Bunn, told Military.com in a statement. Kendall and the Department of the Air Force spokespeople did not comment.
Stewart’s retirement request in lieu of a court-martial was submitted in January. Jeffrey Addicott, a member of Stewart’s legal team and a professor of law at St. Mary’s University School of Law, confirmed that Kendall denied the request. The denial reportedly occurred on February 20.
Stewart pleaded not guilty in March, with his trial set for June 17.
Members of the press inquired about Kendall’s decision on February 13 at an Air and Space Forces Association conference in Colorado. Kendall declined to comment on Stewart’s request but stated, “I don’t think it’s representative of a larger issue… We take these cases incredibly seriously.”
Stripped of His Command
On May 9, 2023, the Air Education and Training Command announced Stewart’s removal from his role due to “a loss of confidence in his ability to lead, related to alleged misconduct, which is currently under investigation.”
A redacted charge sheet later revealed Stewart was also facing a dereliction of duty charge for allegedly failing to stop “pursuing an unprofessional relationship” and for allegedly assuming control of an aircraft after consuming alcohol within 12 hours before takeoff.
Addicott previously reported that the judge in the military Article 32 hearing had recommended dropping the sexual assault charges and not taking the other charges to trial. However, the Air Education and Training Command leader referred Stewart to a court-martial.
Stewart’s case is only the second time an Air Force general has been charged with a sexual crime. The first instance was in 2022 when Maj. Gen. William Cooley, prior head of the Air Force Research Laboratory at Wright-Patterson Air Force Base, Ohio, was convicted of abusive sexual contact. Cooley was ordered to forfeit $10,910 of pay for five months and received a letter of reprimand, though he had faced up to seven years of confinement, separation, and loss of pay and benefits.
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