Colleague Had Sexually Harassed Female General, Army Concludes

WASHINGTON —  Closing a case that roiled the military for months, the Army announced Friday that its inspector general has substantiated charges that a male two-star general had kissed the service’s highest-ranking woman against her will during a private meeting in her Pentagon office in 1996.

After a three-month investigation, inspectors concluded that Maj. Gen. Larry Smith had grabbed and kissed Maj. Gen. Claudia J. Kennedy, an act considered “conduct unbecoming an officer.”

The inspector general said that, while there was no independent verification of Kennedy’s charge, officials had accepted her account over Smith’s because “there was no motive for the complainant to make a false allegation.”

Smith, who was given a letter of reprimand by his superior, announced Friday that, though he still disputes the charges, he has decided to retire from the Army “for the good of my family and the Army.” Officials said that the Army likely would accept his resignation and that there would be no consideration of forcing him to retire at a lower rank, as happens after some infractions.

There is no reason to pursue criminal charges, the Army said.

The inspector general found Smith guilty of two infractions: “improperly sexually harassing” Kennedy and “improperly displaying disrespect toward a commissioned officer.”

Kennedy’s allegations set off a firestorm when they came to light in November, in part because Smith had been nominated to become deputy Army inspector general, a job that would have given him authority over some sexual harassment cases. Some women in the service contended that the incident suggested sexual harassment remained deeply ingrained in the military.

Kennedy was deputy chief of intelligence until her retirement last month and had been a highly visible figure in the Army.

The Army had pointed to her rise through the ranks to show that the new Army was eager to reward talent. In addition, she had important personal contacts reaching into the White House and hinted at political ambitions.

Though the incident took place in October 1996, Kennedy did not come forward with the allegation until three years later, when she became concerned that, because of the incident, Smith was the wrong choice for a job that would put him in a position to judge alleged sexual harassment cases.

Smith provided 52 character witnesses, and six other individuals were interviewed about him. None knew of prior misconduct, and the inspector general’s report concluded that he was a “highly respected officer and gentleman with an unblemished character.”

He contended that he had hugged Kennedy and had, at most, given her a kiss on the cheek.

But the report said that Kennedy’s credibility was “the most essential factor” in its judgment.

It ruled out various possible motives. The two “were not in competition for the same job,” the report said. Nor was there any question of a romantic entanglement, since Smith and Kennedy “had never been more than friends.”

“There was no motive for her risking her career by making false allegations,” the report said. Kennedy “initially chose to put the incident behind her and not report it. However, three years later, out of loyalty to the Army, the complainant came forward and reported it,” the report said.

In a statement Friday, Kennedy said: “I am satisfied with the Army’s action in this case. As far as I am concerned, this matter is closed.”

Smith, who is married, began his Army career as a lieutenant and served three tours in Vietnam. When the case came to light last fall, his nomination to be deputy inspector general was suspended and he was temporarily assigned to the Army Materiel Command in the Washington area.

Smith issued a statement Friday, saying: “I have been a soldier a long time and always will feel deeply honored to serve the Army and the United States. I cherish beyond measure my wonderful family and our totally supportive friends from around the world.”

One member of Congress hailed the outcome of the case.

“I am glad that the Army is standing behind Gen. Kennedy,” said Rep. Carolyn B. Maloney (D-N.Y.). “I hope her example will empower and encourage more women to be brave enough to come forward if they have been sexually harassed or assaulted.”