Retired three-star Gen. Kensinger censured in cover-up after death of Tillman

WASHINGTON -- The Army on Tuesday censured a retired three-star general for a "perfect storm of mistakes, misjudgments and a failure of leadership" after the 2004 friendly-fire death in Afghanistan of Army Ranger Pat Tillman.

Army Secretary Pete Geren asked an Army review panel to decide whether Lt. Gen. Philip Kensinger should also have his rank reduced.

Geren told a Pentagon news conference that, while Kensinger was "guilty of deception" in misleading investigators, there was no intentional Pentagon cover-up of circumstances surrounding the former pro football player's death -- at first categorized by the military as being from enemy fire.

"He failed to provide proper leadership to the soldiers under his administrative control. ... He let his soldiers down," Geren said. "General Kensinger was the captain of that ship, and his ship ran aground."

At least six other officers received lesser reprimands.

Geren said he considered recommending a court-martial for Kensinger but ruled it out.

"You are hereby censured for your conduct and failure of leadership in matters relating to the investigation and reporting of the death of Corporal Pat Tillman," said a memo reprimanding the retired general. "Your failings compounded the grief suffered by the Tillman family, resulted in the dissemination of erroneous information and caused lasting damage to the reputation and credibility of the U.S. Army."

The Army panel will decide whether Kensinger should be stripped of his third star, a move that would cut his retirement benefits. Kensinger, who headed Army special operations, retired in 2006.

Geren said that investigations have shown that accidental fire from U.S. troops was responsible for the death of Tillman, who had walked away from a $3.6 million pro football contract to become an Army Ranger.

The Army initially suggested that Tillman, who was 27, had been killed in a firefight with enemy militia forces. The Army then arranged a ceremony to award Tillman a Silver Star for bravery.

Five weeks after his death in April 2004, the Army notified the Tillman family that Tillman died from rounds fired in error by U.S. troops.

Geren cited "multiple actions on the part of multiple soldiers" in compounding the confusion that surrounded the death.

"It's a perfect storm of mistakes, misjudgments and a failure of leadership," he said. "There was never any effort to mislead or hide" or keep embarrassing information from the public, he added.

He said Tillman deserved the Silver Star, the military's third-highest award for valor in combat, despite the circumstances surrounding his death.

He could understand how the Tillman family and other Americans might reach the conclusion that there was a cover-up, Geren said. "The facts just don't support this conclusion," he said. "There was no cover-up."

Still, he said, "We have made mistakes over and over and over, an incredible number of mistakes in handling this. We have destroyed our credibility in their eyes as well as in the eyes of others."

Tillman's family has insisted there was a cover-up that went as high as former Defense Secretary Donald Rumsfeld. Geren was asked whether there was any indication Rumsfeld was aware that Tillman's death was by friendly fire before that information was made public.

"I have no knowledge of any evidence to that end," Geren replied.

Aside from his decision to censure Kensinger, Geren said that he was accepting recommendations by Gen. William Wallace, who conducted the investigation, for the other officers.

These other officers included Brig. Gen. Gina Farrisee, director of military personnel management at the Pentagon, and Lt. Col. Jeff Bailey, the battalion commander who oversaw Tillman's platoon and played a role in the recommendation for his Silver Star. Both will receive memoranda of concern, Geren said.

Escaping any blame was Lt. Gen. Stanley McChrystal, head of the military's Joint Special Operations Command. He oversees the military's most sensitive counterterrorism operations.

Ahead of the announcement, Geren briefed Rep. Mike Honda, D-Calif., Tuesday morning and told the congressman that Kensinger lied to military investigators on multiple occasions to protect himself, according to Daniel Kohns, Honda's spokesman.

Honda, a Democrat who represents the area where Tillman grew up, believes "there are lingering questions hanging over this that point to the possibility of it going broader and higher," Kohns said.

But Geren "stated that to the best of his knowledge it does not go higher than this, that he exhausted every line of investigation," said Kohns, who sat in on the briefing.

A review of the aftermath of Tillman's death by the Pentagon inspector general -- one of more than half a dozen investigations so far -- 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.

The House Oversight and Government Reform Committee issued a subpoena Monday night for testimony from Kensinger, said committee spokeswoman Karen Lightfoot. The subpoena is currently in the hands of U.S. marshals who are trying to deliver it in advance of Wednesday's committee hearing on the Tillman affair, Lightfoot said.

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Associated Press Writer Scott Lindlaw contributed to this report from San Francisco.