Air Force general facing court martial for sexual assault cannot retire

Air Force Maj. Gen. Phillip Stewart (right) and one of his defense attorneys, Capt. Jordan Grande, leave a courthouse after Stewart’s arraignment at Joint Base San Antonio-Fort Sam Houston, Texas, on Jan. 18, 2024. (Rose L. Thayer/Stars and Stripes)

Major General Phillip Stewart’s request to resign from the Air Force rather than face a court-martial for sexually assaulting a noncommissioned officer was rejected by Secretary of the Army Frank Kendall, according to the general’s legal team.

Stewart pleaded not guilty during a hearing in March, with the minister’s decision made a month earlier not discussed.

“The Air Force faced a very difficult decision here: either try a man for sexual assault after an experienced Air Force judge found (at a preliminary hearing) that all the evidence pointed to a consensual encounter, or let him retire and take the appropriate administrative action as part of that process,” said Sherilyn Bunn, Stewart’s lead attorney. “Air Force leadership made a poor decision, and we will prove that in court.”

A jury trial will begin June 17 and last about 10 days at Joint Base San Antonio in Texas, according to Air Force court records.

Stewart is accused of two counts of sexual abuse that occurred on April 14, 2023, at Altus Air Force Base in Oklahoma, according to Air Education Training Command and court documents. He also faces charges of dereliction of duty, conduct unbecoming an officer and adultery.

The Air Force declined to comment on Kendall’s decision.

Col. Brian Thompson, the military judge who presided over a preliminary hearing in October, recommended that the sexual assault charge not be sent to a court-martial because Air Force prosecutors could not present evidence, according to Stewart’s former legal team. Instead, Thompson recommended that the sexual assault charge be dropped and the other minor offenses be dealt with as administrative penalties.

During a preliminary hearing, evidence was presented that described a sexual encounter between Stewart and a lower-ranking officer that occurred during the trip to Altus AFB. Stewart, the alleged victim and two other service members drank alcohol on April 13 and 14. When Stewart and the woman were alone, they had sex. Prosecutors argued the woman used “social cues” and tried to “politely dissuade” Stewart because he was her superior and had power over her. Defense attorneys argued the encounter was consensual.

Later on April 14, Stewart took a training flight and sent the woman a photo of himself on the plane. During the flight, he had consumed alcohol for 12 hours, which is not allowed and led to the charge of dereliction of duty.

Lieutenant General Brian Robinson, convening authority and commander of the Air Education Training Command, decided in December to impose formal changes against Stewart after reviewing Thompson’s report.

Stewart, a commercial pilot who served in Afghanistan, is only the second general in the history of the service to be court-martialed, according to the Air Force. Maj. Gen. William Cooley was convicted of sexual abuse in a court-martial at Wright-Patterson Air Force Base in Ohio last year. He received a reprimand and the confiscation of nearly $55,000.

At the time of the allegations, Stewart commanded the 19th Air Force, which is headquartered at Joint Base San Antonio-Randolph Air Force Base in Texas and is responsible for the unit’s pilot training.