Lawyer Issues Statement on General's Case

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Article and links at:

http://news.yahoo.com/s/ap/army_gene...NlYwMlJVRPUCUl

By ROBERT BURNS, AP Military Writer
Wed Aug 10,11:36 PM ET



WASHINGTON - The four-star Army general relieved of command this week is alleged to have had an extramarital affair with a female civilian who does not work for the military or the federal government, the general's attorney said Wednesday.

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Gen. Kevin P. Byrnes was abruptly sacked as commander of the Army's Training and Doctrine Command at Fort Monroe, Va., and the Army has not ruled out taking additional disciplinary action against him.

Army officials declined to discuss any details of the accusations, except to say they involved sexual misconduct.

Byrnes' attorney, Lt. Col. David H. Robertson, said Byrnes and his wife separated in May 2004 and they remained separated until their divorce became final on Monday ? the same day Byrnes was removed from command.

"The allegation against General 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," Robertson said in an e-mail exchange. He said Byrnes approved the statement but was not willing to be interviewed directly about the matter.

Robertson did not say whether the allegation is that the affair took place before Byrnes' separation from his wife. Under military rules of behavior it would be considered adultery as long as it took place before the divorce became final.

Robertson referred to the Army's allegation against Byrnes but he neither confirmed nor denied an affair.

Following an inspector general's investigation of the alleged affair, top Army leaders are still considering what next step to take. One possibility is that Byrnes will be permitted to retire, as he had planned before the disclosure of the alleged affair, with no other punitive action taken against him. The Army might also recommend that he be retired at a lower rank, possibly as a three-star. That requires Senate approval.

If the Army determined that Byrnes violated the Uniform Code of Military Justice, it could seek to prosecute him, although officials said Wednesday that seem unlikely given that he already has suffered loss of command. Adultery cases are rarely prosecuted and instead are handled through administrative actions.

Byrnes, 55, a Vietnam veteran who entered the Army in 1969 as a second lieutenant, ranked third in seniority among the Army's 11 four-star generals.

Army officials said they could find no record of another four-star general being relieved of command for disciplinary reasons in modern history.

The action against Byrnes comes at a time when the Army faces criticism from some in Congress for not taking harsher disciplinary action against the most senior Army commanders in Iraq during the prisoner abuses at Abu Ghraib.

In his position as commander of Training and Doctrine Command, Byrnes oversaw all Army training programs and the development of war-fighting guidelines. The organization operates 33 training schools and centers on 16 Army installations and is headquartered at Fort Monroe, Va. Byrnes had been commander since November 2002.



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