McHugh said he is prevented by federal law from taking further action, and did what he called, “legally sustainable.”

“During Capitol Hill hearings, I was asked whether Sinclair would receive a pension after proceedings were complete,” McHugh said. “Under federal law, if a person has earned a pension because of their years of service, they are entitled to those benefits; Congress might consider a change in the law that would allow greater flexibility and accountability.”

Sinclair’s guilty plea included adultery, maltreatment of a subordinate, engaging in improper relationships, willful disobedience of an order, wrongful use of a government travel card, wrongful possession of pornography, and conduct unbecoming an officer. The judge could have sentenced him to a maximum of more than 20 years in prison and dismissal from the Army.

“While retirement benefits are mandated by federal law, there is a requirement that an individual must have served satisfactorily in rank before receiving those benefits,” McHugh said in a statement. “Sinclair displayed a pattern of inappropriate and at times illegal behavior both while serving as a brigadier general and a colonel. I therefore decided there was sufficient evidence and cause to deny him those benefits.”
http://www.armytimes.com/apps/pbcs.dll/article?AID=2014306200059