U.S. Senator Mark Kelly speaking with attendees at the 2022 Legislative Forecast Luncheon hosted by the Arizona Chamber of Commerce & Industry at Chase Field in Phoenix, Arizona.
Pentagon Accountability Review Seeks to Demote AZ Sen. Kelly
Kelly’s conduct allegedly seditious, undermining ‘good order and military discipline’
By Christy Kelly, January 5, 2026 11:29 am
The Pentagon announced that it has initiated administrative action resulting in a demotion in retired rank and corresponding reduction in retired pay for Mark Kelly, a retired U.S. Navy captain and sitting United States senator, following what the Department described as seditious conduct that undermined good order and military discipline.
In a statement released Monday, Secretary of War Pete Hegseth said the action stems from public statements made by Kelly between June and December 2025, including a video released approximately six weeks ago featuring Kelly and several other Democratic members of Congress. Hegseth stated that the remarks characterized lawful U.S. military operations as illegal and encouraged members of the Armed Forces to refuse lawful orders.
“As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice,” Hegseth said. “The Department of War — and the American people — expect justice.”
According to Hegseth, the Department initiated retirement-grade determination proceedings under 10 U.S.C. § 1370(f), a statutory process used to determine whether an officer served satisfactorily at the rank held at retirement—a reduction in retired grade results in a corresponding decrease in pay.
“The Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret),” Hegseth stated. “The department has initiated retirement grade determination proceedings… with reduction in his retired grade resulting in a corresponding reduction in retired pay.”
Hegseth also confirmed that he issued a formal Letter of Censure, describing it as a required procedural step that will be placed in Kelly’s official and permanent military personnel file.
“This Censure outlines the totality of Captain Kelly’s reckless misconduct,” Hegseth said. “Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response.”
The Secretary stated that the retirement grade determination process should be completed within forty-five days.
Addressing Kelly’s current role in elected office, Hegseth emphasized that serving as a United States senator does not exempt a retired officer from military accountability.
“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability,” Hegseth said. “Further violations could result in further action.”
According to the Department, the action is based on violations of Articles 133 and 134 of the Uniform Code of Military Justice, which prohibit conduct unbecoming of an officer and conduct prejudicial to good order and discipline. Retired officers receiving pay remain subject to UCMJ jurisdiction.
Kelly has rejected the Department’s action, framing it as an effort to suppress dissent within the military.
“This is just about sending a message to retired service members, active duty service members, government employees — do not speak out against this president or there will be consequences,” Kelly told reporters in mid-December.
Hegseth disputed that characterization, stating that the Department’s action is based on conduct and legal obligations tied to retired military status, not political viewpoints.
In addition to the public dispute, Kelly and several other Democrats featured in the original video have circulated fundraising messages citing the Republican president’s response to their remarks. Those appeals have directed supporters to donate to their campaigns, increasing campaign fundraising while elevating the lawmakers’ national profiles amid the controversy.
As of publication, Kelly’s office has not released a formal written response addressing the retirement grade determination or the Letter of Censure.
The Arizona Globe will continue to report as the administrative process proceeds and additional documentation becomes available.
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