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General Faces Demotion in Tillman Case

Lt. Gen. Philip Kensinger Jr., center, outgoing commander of U.S. Army Special Operations Command, at Fort Bragg, N.C., kisses his wife, Greta, as U.S. Army Chief of Staff Gen. Peter Schoomaker, right, looks on Tuesday, Dec. 6, 2005. Kensinger Jr., one of the highest-ranking officers in the Army, personally kept the truth of Pat Tillman's death from the former NFL star's family.  Pentagon officials said Thursday, July 26, 2007, the retired general will likely be demoted for providing misleading information. (AP Photo/The Fayetteville Observer, Stephanie Bruce)
Lt. Gen. Philip Kensinger Jr., center, outgoing commander of U.S. Army Special Operations Command, at Fort Bragg, N.C., kisses his wife, Greta, as U.S. Army Chief of Staff Gen. Peter Schoomaker, right, looks on Tuesday, Dec. 6, 2005. Kensinger Jr., one of the highest-ranking officers in the Army, personally kept the truth of Pat Tillman's death from the former NFL star's family. Pentagon officials said Thursday, July 26, 2007, the retired general will likely be demoted for providing misleading information. (AP Photo/The Fayetteville Observer, Stephanie Bruce) (Stephanie Bruce - AP)
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But Wallace also surprised Army officials by singling out a 10th officer _ one who had not been blamed in the earlier reports _ for rebuke.

Brig. Gen. Gina Farrisee, director of military personnel management at the Pentagon, is expected to receive a letter of punishment for her involvement in the oversight of the awarding of Tillman's Silver Star.

Two others who were blamed in earlier reports are also expected to receive letters of admonishment: Brig. Gen. Gary Jones, who led one of the early Army investigations, and Brig. Gen. James C. Nixon, who was Tillman's regimental commander.

Jones, now retired from the Army, was faulted for failing to address several issues, leading to speculation that Army officials were concealing information about Tillman's death.

Nixon was criticized for failing to ensure that Tillman's family was told.

The names of the three lower level officers expected to be punished have not been released by the military. But they are likely among the five who were blamed _ but also not named _ in the earlier investigations.

According to an AP analysis of the reports and other documents, those five officers include then-Capt. Richard Scott, who conducted the first investigation into the shooting, and then-Lt. Col. Jeff Bailey, the battalion commander who oversaw Tillman's platoon and played a role in the recommendation for his Silver Star. Officials would not say if either of those are among the ones recommended for rebuke.

It is no surprise that Kensinger, 60, is in line for the most severe punishment. An investigation by the Defense Department's inspector general found "compelling evidence that Kensinger learned of suspected fratricide well before the memorial service and provided misleading testimony" on that issue. That misrepresentation, the report said, could constitute a "false official statement," a violation of the Military Code of Justice.

Farrisee's rebuke is tied to the Army recommendations that Tillman receive the Silver Star. The investigations found that Army officials were aware that Tillman probably died as a result of friendly fire, but that they moved ahead with the medal, for heroism in the face of the enemy.

If Geren does recommend to Defense Secretary Robert Gates that Kensinger lose a star and be demoted to major general, that would lower Kensinger's retirement benefits. As an example, a lieutenant general retiring in 2006 would earn about $9,400 per month, while a major general would get about $8,500 per month.

The letters of rebuke for the others could be crippling blows, too. They can include letters of concern, reprimand or censure, with escalating degrees of gravity.

"For officers generally, a reprimand is a devastating career injury," said Eugene Fidell, a lawyer who specializes in military cases and teaches at American University's Washington College of Law. "It can trigger an effort to throw the person out of the military. It can trigger a reduction in pay grade when the time comes to retire. It can prevent a future promotion and it can gum up a promotion that has already been decided."

For a one-star general, Fidell said, it could mean they are likely to never get a second star. He said a lower level officer, such as a captain, "would have to dig out of a deep hole to continue his or her career. Letters of reprimand are truly bad news."

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Associated Press reporter Scott Lindlaw in Las Vegas contributed to this report.


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