A two-star Air Force general who wanted to retire rather than face court-martial on sexual assault and other charges has had his request denied.
Maj. Gen. Phillip Stewart is scheduled to appear in military court June 17 at Joint Base San Antonio-Randolph, Texas. Stewart submitted paperwork to Air Force Secretary Frank Kendall in January asking him to retire as his case was about to go to trial, but that request was denied in February, Sherilyn Bunn, one of Stewart’s civilian attorneys, told the Air Force Times.
Air Force 2 star pleads not guilty in sexual assault case
Stewart, the former Air Force pilot training chief, is accused of assaulting a woman at Altus Air Force Base, Oklahoma, in April 2023. He is also accused of pursuing an unprofessional relationship and flying an airplane within 12 hours of consuming alcohol. He pleaded not guilty to all charges in March and his lawyers have said the sex was consensual.
Stewart is the second Air Force general officer to be court-martialed for sexual assault. He will be tried by a jury of his peers – a panel of two-, three- and four-star generals who have served in uniform at least as long as he has.
Stewart was in charge of the 19th Air Force, where he oversaw pilot training, 32,000 employees and more than 1,500 aircraft, when he was fired by Air Education and Training Command boss Lt. Gen. Brian Robinson in May 2023 amid an investigation into misconduct. He was charged in September with two counts of assault under Article 120 of the Uniform Code of Military Justice; two counts of breach of duty under Article 92; one count of conduct unbecoming an officer under Article 133; and one count of extramarital sexual conduct under Article 134.
Air Force general wants to retire instead of court martial
Lawyers for Stewart have said that Col. Brian Thompson, the military judge who presided over Stewart’s preliminary Article 32 hearing, advised Robinson against a court-martial in favor of administrative discipline.
“It is truly frustrating that the Air Force continues to ignore the evidence and conclusions of the Article 32 hearing officer, especially when he is a seasoned judge with decades of experience in military law,” Bunn said in a statement. “It is disturbing to see his findings and advice seemingly ignored, but the reason is quite obvious. Senior leaders today are influenced more by their own fear of public backlash – and their own aversion to risk – than by the facts at hand.”
Stewart faces a minimum penalty of dismissal or dishonorable discharge, or up to 66 years in prison and forfeiture of wages, if convicted.
