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Army Sex-Harassment Case’s Conflicts Cited

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TIMES STAFF WRITER

Army investigators are trying to reconcile conflicting accounts of whether a female general at the center of a high-profile sex-harassment case confronted a male peer when he allegedly groped her in her Pentagon office four years ago, officials said Monday.

Lt. Gen. Claudia J. Kennedy, the Army’s highest-ranking woman, has told authorities that she tried to settle the matter with Maj. Gen. Larry G. Smith when he allegedly touched her during an October 1996 meeting.

Smith, however, maintains there was no such discussion, according to officials.

The conflict is another signal that Defense officials may find it difficult to find corroborating accounts and clear-cut answers to a case that has roiled the Army since it came to light on March 30.

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Although sexual harassment cases often involve contradictory “he said-she said” testimony, the lack of supporting evidence in this instance could make it difficult to deal with allegations that have acquired enormous political sensitivity.

Kennedy, 52, the Army’s top intelligence officer, has been a symbol of the Army’s new opportunities for women.

Smith, 55, is a decorated veteran with three combat tours in Vietnam and was nominated in August to be the Army’s deputy inspector general.

Both Kennedy and Smith repeatedly have refused to comment on the allegations. Army officials, too, have declined to comment, citing concerns about privacy and the integrity of the investigation.

In another indication of the diffi- culties facing investigators, officials said that, contrary to some earlier accounts, Kennedy did not inform superiors after the alleged incident occurred. Previously, some officials had said that Kennedy made an informal report to at least one officer in her chain of command.

A report to her superiors in 1996 would have added to her credibility when she came forward in September to argue that Smith, while perhaps a good candidate for another post, was poorly suited to be deputy inspector general.

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Inspectors general oversee investigations into all sorts of alleged misconduct, including sexual harassment, and historically have been chosen from officers whose integrity is above challenge.

A report also would have raised questions about how the Army’s top officials could have nominated Smith to the post. In its absence, however, it appears there was no reason for anyone in the Army’s upper ranks to have known that a senior officer had questions about Smith.

Meanwhile, the Pentagon disclosed that the Defense Department’s inspector general separately has begun to examine an allegation from a retired Army officer that Kennedy was guilty of an incident of “personal misconduct” in the mid-1980s.

The retired officer made the allegation in a signed e-mail to authorities. Although the allegation appears to be “pretty thin,” a senior Defense official said, investigators are trying to determine whether it contains any truth. If investigators find any substantiation, the Defense Department’s inspector general, Donald Mancuso, will open a formal investigation.

The senior official declined to characterize the gravity of the allegation. At the time, Kennedy was a mid-grade officer working for the deputy chief of staff for operations and plans.

Kennedy’s allegations have brought angry reactions from women’s advocates who believe that it shows the continuing risks of harassment in the service, and from others who believe the complaint will harm the Army’s image.

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Word of the allegation against Kennedy stirred bitterness among some women in the service.

“You could have predicted this,” said one officer. When a woman brings a highly public charge, “they’ll always go after her reputation.”

Some senior Defense officials have said that, because of the need to have inspectors general who are credible, it could be difficult to move Smith into that position even if the investigation fails to provide convincing proof of Kennedy’s allegations. The Army, however, could give Smith another post, they have said.

For the moment, Smith is serving as an aide to the commanding general of the Army Materiel Command in suburban Alexandria, Va. Kennedy has announced her plans to retire Aug. 1.

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