Air Force general convicted in historic court martial

A military judge on June 29 sentenced an Air Force general to a reprimand, a two-month ban on his access to Joint Base San Antonio-Randolph, Texas, and a forfeiture of $10,000 in pay per month for six months, the Air Education and Training Command said in a statement.

Maj. Gen. Phillip Stewart, the first general in Air Force history to be court-martialed by jury, was convicted earlier today on one count under the Article 133 of the Uniform Code of Military Justice, conduct unbecoming of an officer for inviting a subordinate to spend the night with him; and one count under section 92, neglect of duty, for controlling an aircraft within 12 hours after consuming alcohol.

The panel of eight general judges – the military term for a jury – found Stewart not guilty of two counts of Section 120, which prohibits sexual assault. Six of the eight panel members had to vote that Stewart was guilty of a crime for him to be convicted.

Earlier this week, on June 24, Stewart pleaded guilty to one count of dereliction of duty under Article 92 for engaging in an unprofessional relationship, and one count of violating Article 134 of the UCMJ for engaging in an extramarital affair.

According to the 2024 Manual for Courts Martial, the maximum penalty for willful neglect of duty not resulting in death or grievous bodily harm is bad conduct discharge, forfeiture of all pay and allowances, and imprisonment for 6 months. The maximum penalty for extramarital conduct is dishonorable discharge, forfeiture of all pay and allowances, and imprisonment for 1 year.

If convicted on all counts, Stewart would have faced a maximum penalty of dismissal, forfeiture of all pay and benefits and a 63-year prison sentence, the Air Education and Training Command said. For the counts on which he was convicted, he faced a possible 2 1/2 years in prison. Stewart has the right to appeal, if an automatic appeal is not triggered, the AETC said.

One legal expert called the actual sentence very light, but he expects Stewart will “almost certainly” be demoted to brigadier general when he retires.

The sentence is “a missed opportunity to send the message that general officers are held to higher standards,” said retired Col. Don Christensen, former chief prosecutor of the Air Force.

In a statement, Stewart's lead defense attorney, Sherilyn A. Bunn, said the not guilty verdict on sexual assault charges “is a testament to the value of the panel system.”

“From the beginning, Maj. Gen. Stewart maintained his innocence, confident that the truth would come out,” Bunn added. “This case has highlighted the need for a careful and respectful approach to allegations of sexual assault. »

The trial began June 17 with an administrative proceeding followed by nearly a week of jury selection where more than 13 general officers – all of whom had to be of a higher rank than Stewart or have earned a second star before him – visited the courtroom at Joint Base San Antonio-Fort Sam Houston, Texas.

The presentation of evidence and testimony began on June 24, including testimony from the woman who accused Stewart of sexual assault. Stewart refused to testify, according to the San Antonio Express-News. A total of 12 witnesses testified, including airmen, family members, friends and digital forensics experts, according to the Air Education and Training Command.

The only other Air Force general to be court-martialed, Maj. Gen. William Cooley, was convicted of improper sexual contact in 2022 by a single military judge. Stewart was relieved of his duties as head of the 19th Air Force, which oversees training of Air Force pilots, by Lt. Gen. Brian Robinson, head of the Education and Training Command air training (AETC), May 9, 2023.