The Pentagon has launched administrative disciplinary proceedings against Senator Mark Kelly, accusing the retired Navy captain of “seditious conduct” for public statements that allegedly undermined military discipline and encouraged service members to disobey lawful orders.
In a sharply worded statement, the department said the action stems from remarks made by Kelly between June and December 2025, during which he described lawful U.S. military operations as illegal and publicly urged members of the Armed Forces to refuse certain orders. Officials argue this conduct violated Articles 133 and 134 of the Uniform Code of Military Justice (UCMJ)—provisions that continue to apply to retired officers receiving military pay.
Retirement Rank and Pay at Risk
Under 10 U.S.C. § 1370(f), the Department of War has initiated a retirement grade determination, a process that could result in Kelly’s retired rank being reduced. Any downgrade would trigger a corresponding cut in his military pension, a move that underscores the seriousness of the allegations.
The department confirmed that the Secretary of War has also issued a formal Letter of Censure, detailing what officials describe as a “pattern of reckless misconduct.” The censure will be placed permanently in Kelly’s official military personnel file.
Kelly has been formally notified and given 30 days to respond. The review process is expected to conclude within 45 days, according to the statement.
Background: A Rare Civil–Military Clash
The controversy traces back to a video released six weeks ago by Kelly and five other members of Congress. The Department of War characterized the video as “reckless and seditious,” arguing it was intended to erode good order and discipline within the ranks at a time of heightened global tensions.
While Kelly now serves as an elected lawmaker, the department emphasized that retired officers receiving pay remain subject to military law.
“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability,” the statement said, warning that further violations could prompt additional action.
Legal and Political Implications
The case raises complex questions about the boundary between free political speech and military discipline, particularly when retired officers enter public office. Legal experts note that while prosecutions under the UCMJ against retirees are rare, administrative actions—such as rank reductions—are legally permissible and historically grounded.
Politically, the move is likely to intensify debate in Washington over civil–military relations, congressional oversight of military operations, and the limits of dissent by former uniformed officers.
What Comes Next
If the retirement grade determination proceeds as outlined, Kelly could face a permanent loss of rank and income, setting a precedent that could resonate across the armed forces and Capitol Hill alike. The outcome may also influence how retired military officers engage in public criticism of active operations in the future.
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