The Department of War announced Monday it is pursuing administrative action against Sen. Mark Kelly (D-AZ), a retired Navy captain, including a potential reduction in his retirement grade and pay, citing what it described as “seditious” public statements that undermined military discipline.
In a statement released by Secretary of War Pete Hegseth, the department accused Kelly of violating military justice standards through comments made between June and December 2025. These included characterizing certain military operations as illegal and advising service members to refuse lawful orders, actions the department said breached Articles 133 and 134 of the Uniform Code of Military Justice (UCMJ).
“Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” the statement read. “As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice.”
The actions stem from retirement grade determination proceedings initiated under 10 U.S.C. § 1370(f), which could result in a demotion of Kelly’s retired rank and a corresponding cut in his pension. Additionally, Hegseth issued a formal Letter of Censure outlining Kelly’s alleged misconduct, which will be added to his permanent military personnel file.
Kelly, who retired from the Navy in 2011 after a career that included service as an astronaut and combat pilot, has been notified of the proceedings. He has 30 days to submit a response, with the full process expected to conclude within 45 days.
The department emphasized that Kelly’s position as a sitting U.S. senator does not shield him from accountability. “Further violations could result in further action,” the statement warned.
Kelly’s office did not immediately respond to requests for comment on the announcement.
The move comes amid heightened tensions between the executive branch and congressional critics of recent military policies. Kelly, elected to the Senate in 2020, has been vocal on national security issues, drawing on his military background. The referenced video involved Kelly and five other lawmakers, though details of the other participants were not specified in Hegseth’s statement.
Prior to his election to the U.S. Senate, Kelly served his country in multiple high-profile roles. He graduated from the U.S. Merchant Marine Academy with a B.S. in marine engineering and nautical science, later earning an M.S. in aeronautical engineering from the U.S. Naval Postgraduate School.
As a Navy pilot, he flew 39 combat missions during the H.W. Bush administration’s Operation Desert Storm from the aircraft carrier USS Midway, logging over 5,000 flight hours. In 1996, he was selected as a NASA astronaut alongside his identical twin brother, Scott Kelly. Kelly flew four space missions, including piloting STS-108 (2001), STS-121 (2006), commanding STS-124 (2008), and commanding the final flight of Space Shuttle Endeavour on STS-134 (2011), spending more than 50 days in space and traveling over 20 million miles. He retired from both the Navy (as a captain) and NASA in 2011.
Kelly is married to former U.S. Rep. Gabrielle “Gabby” Giffords of Arizona, whom he wed in 2007; the couple has been prominent advocates for gun safety following the 2011 assassination attempt on Giffords that left her severely injured.
Legal analysis from the Congressional Research Service (CRS) confirms that retired members of a regular component of the armed forces who are entitled to pay remain subject to the Uniform Code of Military Justice (UCMJ) under 10 U.S.C. § 802(a)(4) (Article 2(a)(4)).
Article 133 covers conduct unbecoming an officer, while Article 134 addresses general offenses prejudicial to good order.
Courts have consistently upheld this jurisdiction based on factors such as potential recall to active duty, receipt of pay as a form of retainer, and the right to wear uniforms or use rank in limited circumstances. However, such actions — particularly court-martials or severe administrative measures against high-profile retirees — are rare, as the military justice system prioritizes active-duty discipline and most serious cases proceed in civilian courts when feasible.
– – –
Christina Botteri is the Executive Editor at The Tennessee Star. Follow her on X @christinakb.
Photo “Sen. Mark Kelly” by Sen. Mark Kelly.
Space must have affect Kelly’s mental acuity.
He should be arrested for treason and removed from office immediately, along with all other Demonrats encouraging sedition.