More Discipline Mulled for U.S. General Over Affair

Reuters
Wednesday, August 10, 2005; 6:31 PM

WASHINGTON (Reuters) - The U.S. Army said on Wednesday that further discipline was possible against a four-star general relieved of his command due to what his lawyer called "a consensual, adult relationship" outside of marriage.

Gen. Kevin Byrnes was fired as commanding general of the Army Training and Doctrine Command at Fort Monroe in Virginia on Monday by Army Chief of Staff Gen. Peter Schoomaker, the Army said in a statement on Tuesday.


It represented a rare punishment of a four-star officer -- the highest rank in the military -- particularly over personal misconduct such as an affair. The action was all the more unusual because Byrnes already was retiring from the military after serving since 1969.

"The allegation against Gen. Byrnes involves a consensual, adult relationship with a woman who is not in the military, nor is a civilian employee of the military or the federal government," Lt. Col. David Robertson, the military lawyer for Byrnes, said by e-mail.

Robertson added that Byrnes, 52, and his wife separated in May 2004 and remained separated until their divorce became final on Monday, the same day that he was relieved of his command.

Adultery is a violation of U.S. military law and can be prosecuted as a crime in a military court under the Uniform Code of Military Justice.

Army officials said additional disciplinary action such as administrative punishment that could reduce retirement benefits was possible against Byrnes, but offered no timetable.

A senior Army official, speaking on condition of anonymity because of the sensitivity of the case said an investigation by the Defense Department inspector general's office substantiated that Byrnes engaged in an extramarital affair.

"The Uniform Code of Military Justice specifically prohibits adultery. Period," said the senior Army official.

The official added that Army commanders are expected to set and enforce standards. "The allegation of a marital infidelity was substantiated," the official said. "It would be imprudent for the Army to turn a blind eye to that because he is expected to uphold the UCMJ as a commander."

As head of the Army Training and Doctrine Command, Byrnes was in charge of Army training programs, creating war-fighting guidelines and recruiting new soldiers. He oversaw 50,000 people in 33 schools and centers at 16 Army installations