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Pentagon Censures Sen. Mark Kelly, Opens Review That Could Downgrade His Retired Rank

The move invokes rarely used retirement‑grade rules that could reduce his pension, raising novel constitutional questions over disciplining a retired officer who is now a senator.

Overview

  • Defense Secretary Pete Hegseth issued a formal letter of censure to Kelly on Jan. 5 and initiated retirement‑grade determination proceedings that could lower his retired Navy rank and cut his pay.
  • Kelly has 30 days to respond to the action, with a decision directed within 45 days, and the censure will be placed in his permanent military personnel file.
  • The case stems from a Nov. 18 video in which Kelly and five other Democratic lawmakers urged service members to refuse unlawful orders; the Pentagon says only Kelly faces action because he is a retired officer still under its jurisdiction.
  • Hegseth alleges violations of UCMJ Articles 133 and 134 concerning conduct unbecoming an officer and good order and discipline, though no recall or court‑martial has been initiated.
  • Kelly vowed to fight the action as political punishment, President Trump previously labeled the video “seditious,” and legal experts describe the proceedings as unprecedented and likely to face challenges.