Secretary Pete Hegseth – “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. 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.
Therefore, in response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret). The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay.
To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step and will be placed in Captain Kelly’s official and permanent military personnel file.”
“Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within forty-five days.
Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.
These actions are based on Captain Kelly’s public statements from June through December 2025 in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders. This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay.” (SOURCE)
“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”
The punishment for seditious conspiracy in the U.S. (under 18 U.S.C. § 2384) is a fine and/or imprisonment for up to 20 years.
Praying for maximum punishment. It’s the only deterrent.
And why wait? Just charge him now; his statements are all over X and in his interviews. Kelly ran to tv to state it so many times.
Now, they need to do the other 5 Senators.
It was 2 Senators and 4 House of Representatives. The House Reps should be easy to get rid of.
Thanks for the correction.
The better deterrent would be some Tar and Feathering…
Braided Hemp and Timber at High Noon in the public square filmed for all the world to see.
Read it again. Nothing about a charge of sedtion. It only mentions a ‘letter of censure’ and a ‘reduction of grade’ which means a reduction in ‘retirement pay’.
If you are hoping to see him in Leavenworth for twenty years you are going to be disappointed.
… “This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay.”
… ‘and further violations could result in further action.”
Yes further violations. Not current.
Won’t be surprised if we learn more about Kelly’s connection to CCP in the future….
The company, World View Enterprises, which he co-founded in 2012, received millions in investment funding from one of China’s largest tech companies, Tencent, which is linked to the governing Chinese Communist Party (CCP).
https://thehill.com/homenews/campaign/4807475-mark-kelly-china-attacks-vice-presidential-campaign/
A punitive letter of censure is a formal document expressing strong disapproval of an individual’s actions, often used in military or legal contexts to address misconduct. It serves as a warning and can have serious implications for the individual’s career or standing.
‘… the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This censure is a necessary process step…’
Absolutely. I totally agree with the letter of censure, the reduction in retired rate, and the corresponding cut in pay. If he continues to try to subvert the troops I would support a court martial and brig or prison time and being busted to an E1.
The Manual for Courts Martial, Rule 1003, generally does not allow a court-martial to award a reduction in grade to a commissioned officer. Officers do not receive “discharges”. They can be awarded “dismissal” by a general court-martial.
I believe you, I was discharged 47 years ago and was an enlisted so am not that up on the finer points of UCMJ, especially for officers, but I certainly still understand the basics.
Per JAGMAN 0114: “Punitive censure may only be imposed at nonjudicial punishment or court-martial.”
Since Kelly is not being recalled to active duty I assume the reference is to a “Secretary Letter of Censure” per JAGMAN 0114a. Recently used by SecNav for the Admiral overseeing the CO USS Bonhomme Richard which burned to the waterline a couple years ago.
Please keep praying!🙏🏻🥰
Why is he charged with sedition and brought before the UCMJ.
Really? Obviously you are not present military or ex military.
He broke military law. Now he will pay for it.
I will clear up my comment. He was administered punishment for an officer under UCMJ. It could have been a court martial with possible prison time. The best thing he can do is shut his mouth.
I really do want to believe this. But the libs and their presstitutes take every opportunity to bleed all over everybody crying ‘oppression,’ Orange-Man-Bad, exhibiting fascist behavior while calling you a fascist for challenging it (Alinsky), etc, etc, etc.
A court martial would provide yet another such bright, shiny object for this purpose, with all sorts of weird, nasty, media and back-channel, leftist pressure on the tribunal members to further contaminate American justice. Count on it.
There’s one problem with that: a court-martial is not the same as a civilian court. And, the news won’t get access.
Then they’ll report the ‘news’ as desired, steeped in innuendo and ‘nuance’ and then dare the participants to refute. I pray you’re right, but either way, SECDEF and Co. need to prepare for the left’s endless, media-lawfare hate-mosh and smack it down hard.
True. But then what’s new in all that?
They would do that regardless; they did it with Rubio over the weekend even though you can just watch his presser. Same with Trump on a daily basis.
No he is not getting “punishment”. He is getting an administrative redetermination of grade in which he is being retired.
No. He is not being charged with sedtion at this time.
Yes he is being punished under UCMJ. But under UCMJ he is not being court martialed at this time but received a non judicial punishment of a ‘Letter of Censure’ along with a ‘reduction in rate’ which also means a ‘reduction in pay’.
Not sure but it seems something like an enlisted man’s Captains Mast punishment, but for officers.
Yes you are correct. I looking at this as an enlisted man.
He got off easy. It could have been much worse
Agreed; all of us enlisted personnel know that if Kelly were a prior enlisted member, he’d be court-martialed and wouldn’t receive this first.
Officers always get off easier, especially when it comes to fraternization.
Yes I was an E5 when I got discharged and stood witness for a couple of enlisted Captians Masts.
I left the military when DEI (back in 05′) and quotas advanced 3rd and 4th quartile female PO1s and promoted them to Chief, while I, along with three other males, all in the top 5% of our ship and top 5 PO1s in our Department, were not selected for Chief that cycle. After 12 years, that was the day I decided I was done.
I hated having to go to Mast with my sailors, especially the ones who you know were good sailors and just made a mistake. Others, I was happy to be there….the ones I thought just made a mistake, myself and my Chief (and Div-O) would come up with some very difficult extra military instruction to ensure they wouldn’t go to XO Review and then Mast….that was when you could do EMI.
I agree and never put a sailor directly under me on report. I always had other ways to handle it and that actually worked better. I was discharged in 1978 and my Recruit company in 74 was one of the two first companies (USCG) to have women integrated instead of a separate Women’s company. I didn’t see another woman sailor the rest of my enlistment.
Good . Any accountability is needed for these scumbags.
Yes! Despite ‘70s movie…
Kelly is no hero 🙂
Speaking of…Oddball was modeled on Phil Harris I think. 40’s hipster. I base this on old Benny radio shows.
This was the best of all available options. There was no reason to provide him martyrdom with court martial proceedings. Let his historical military record allow him to have the halo effect of disgrace & disobedience to his military oath.
No, court-martial his butt; no enlisted person gets this type of deference, ever. And, again, in less than two days, the term ‘martyr’ is being stated and used incorrectly.
He will easily make up the income with insider trading. Still, it’s a reasonable way to handle the issue. Recalling Kelly to active duty and subjrcting him to court martial would be a circus.
The depraved desperation of today’s Democrats knows no bounds.
Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability
It’s worked pretty well so far. Why am I sceptical?
If they are busting him down in rank in 45 days, he is in deep crap.
I am quite sure this is field grade punishment, which might be a felony. If so he can kiss his voting and 2A rights bye bye.
This is quite serious.
He could fight this administrative action and request a trial, which would be a court martial with possible prison time if found guilty.
Then I would say he cannot be eligible to serve as a Senator.
I am not a military lawyer. I believe that he escaped lightly.
I am unsure about the felony, but for an officer to get busted in rank is real serious.
I hope you’re right; I’m stunned they just didn’t court martial him. They have enough between his X posts and the remarks on multiple TV outlets.
He has right to appeal the action to the Commander in Chief
Or he can request a court martial. In my opinion he is screwed.
I agree about him being screwed. I’m sometimes frustrated with the pace of justice. However, the wheels of justice turn slowly, while the wheels of wrongdoing have only one speed: all go.
One thing is clear from year 1 of term 2 of President Trump: he’s doing what we called malicious compliance when I was serving. You follow the rules to a T as they are written and given as lawful orders. You follow them to a T so much that those in the COC, eventually change them because it screws them.
I believe Trump is doing this with all of the actions he is taking, and why he doesn’t ignore the rogue judiciary; instead, he lets them serve their pile of BS stays and then whips them in court, all as part of the waking up of the masses.
I believe you have a good theory.
Justice delayed is justice denied. Good swift start and a first shot across the bow. Nicely done.
Now Kelly is clearly 100% charge of any future consequences due to his own future choices. He can be stupid or he can make amends. His call.
Right on the mark with your comment.
Yes! Now do silly, frilly Mark Milley and bring him to justice for treason. Back to active duty please…proceed as UCMJ dictates.
Austin, too.
This is where Real Raw News would be helpful if it was not fairy tales. There are so many that have gotten away with treason, it’s sickening
He’s lucky they all still respect his service and achievements. Had the politics been reversed, I believe the officer would have been savaged!
Thank you. Thank you. Thank you.
I believe this less severe action will simply encourage Private Kelly, and result in more political fire against President Trump and further attacks from all demon-o-rats. He and others should be prosecuted TO THE FULL EXTENT OF THE LAW!
Dems in AZ have been truly repugnant for decades. One of the most dangerous groups as they have used the idea of AZ as a conservative state as a shield
Thanks McCain. No conservative he.
The RINOs in Maricopa county have been just as repugnant.
What happens when the water supply is cut off to Maricopa I wonder.
Ratcliff needs to address the spooks within the seditious 6
It’s beyond time where people in Government are stopped from doing business with the communist China (supplying Balloons) and none of them be it State of Federal from going back into their holes after committing Crimes against the country and people.
💯
FTA- …The company, World View Enterprises, which he co-founded in 2012, received millions in investment funding from one of China’s largest tech companies, Tencent, which is linked to the governing Chinese Communist Party (CCP).
…World View was initially founded as a space tourism company but has pivoted to become a defense contractor that provides the Pentagon, government agencies and private businesses with aerial surveillance balloons and other remote sensing technology.
Its primary product, an unmanned surveillance balloon called Stratollite, attracted renewed interest in February 2023, after China flew a spy balloon over the mainland U.S. and an American fighter jet shot it out of the sky over the Atlantic Ocean.
https://thehill.com/homenews/campaign/4807475-mark-kelly-china-attacks-vice-presidential-campaign/
Ratcliffe needs to invade Ukraine and arrest or disappear the CIA continuing the war they started in the 40s. And have been there since. (40+ CIA bases is the estimate in the country)
Ha, only a reductin in rank and pay….if this was an enlisted guy, he’d already be in jail. Enough is enough. If they can reduce his rank because his speech is seditious, which it is, then he should be court martialed under the UCMJ. And guess what, there’s nothing the Boasbergs of the rogue judicial branch can do about it.
This may be a required first step, but I doubt it; they can go right to court-martial.
Wahoo! And this on the heels of the fantastic operation of the capture of Maduro! I don’t think the restrictions are harsh enough against Kelly, though.
Maduro, Kelly and Tampon Tim out of the race in Minnesota is not bad for a weekend. More winning please…
😁 👍 … Was thinking same thing. Just might be my favorite week so far. …and I’ve enjoyed them all.☺️
ooooo… they are going to reduce his pay. The dems will make up for it with payola. Sedition and violence are the only things left in the dem playbook.
Once again being on the correct side doing things against the law you can avoid justice.
Just think if General Flynn did similar to Biden.
Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.
You know what else doesn’t exempt him from culpability? His military record. Or his wife’s assassination attempt. He trots out both, at every opportunity. Like he’s untouchable.
Stolen valor is reprehensible, but hiding behind real valor to act reprehensibly is even worse.
Sedition charges should yield a punishment beyond a dock in his military pension. He’ll easily recoup that, and more, when he “writes” his memoirs. Besides, he still gets his gold-plated senate retirement.
He was administered UCMJ action by the Secretary of War.
He has the right to appeal the action, but the next one in the Chain of Command above Secretary of War is the Commander in Chief.
I doubt he tries that. Lol
LTJG Pay Grade as of 1 Jan 2026.
LOL, only one rank above my son when he graduates from OCS in a few months. Love it. I served for 13 years as enlisted, and my son wanted to join, but the last administration changed his mind. Then Secretary Hegseth came along, and he started the process.
Standdown just ended; I was able to talk to him Saturday morning. He said he loves it and everyone there; only a very small few are MAGA and joined because of Pete, or they are prior enlisted personnel who want to become officers. He alluded that the new physical fitness requirements are awesome, and they are doing their job. He was a college athlete, so he is enjoying every single second.
He said his favorite part so far was watching an officer candidate who, it was apparent, had “blazed off” their initial Physical Readiness Test (which was made up for non-military personnel).
During the first OCS practice PRT screening, the candidate started walking after one lap; my son said Gunny was up his booty, in his face, yelling, red-faced. The candidate continued to walk. He said Gunny stopped yelling and ignored him. Two days later, the guy quit. More have continued to quit.
When he told me this, I said, about darn time.
Again, stupid auto-correct; it should state that only a very few are NOT MAGA. FFS, I’m tired of my phone changing crap as I type….
AI is disgusting.
What punishment is coming for the others? Installed Pennsylvania congressman, Chris Deluzio, is a real snake; he allows his Trump hatred to rule him. I’m sure the others are the same; they all need to be expelled from Congress.
Excellent move! What a disgrace to the uniform Kelly is.
I’d frankly, like to see him stripped of every cent of his mil retirement.
I agree
Compare this to the soldiers who refused the covid jab.
Tina Peters is unavailable for comment.
Good point. BTW, I asked AI about Mark Kelly’s stance on Covid shots for our soldiers. Too funny, and as always, total hypocrisy:
Mark Kelly, a U.S. Senator and former Navy captain, has expressed that soldiers should follow orders, including the COVID-19 vaccine mandate, and he has not supported reinstating personnel discharged for refusing the vaccine. He believes that military discipline is essential and that the focus should be on the capabilities of service members rather than social issues.https://external-content.duckduckgo.com/ip3/www.ngaus.org.ico ngaus.orghttps://external-content.duckduckgo.com/ip3/www.foxnews.com.ico Fox News
“[Kelly] believes that military discipline is essential and that the focus should be on the capabilities of service members rather than social issues.”
Lying Kelly says military discipline is essential, so he should be good with everything that is coming his way.
He also says military focus should be on “capabilities” and not “social issues.” Dang that man is not only a liar, he is an evil liar, too.
Chutzpah !
Thy name is Mark Kelly.
Love Hegseth and keep in my prayers . He is a true warrior in his element.
Time to take a closer look with Kelly’s involvement with the Chinese government.
Military Tribunal.
About time.
It’s also about time people get used to using the word “treason.”
And get used to understanding the consequences.
Administrative action? Not a court martial?
A reduction in his retired grade resulting in a corresponding reduction in retired pay. And an official and permanent nasty entry in his military personnel file.
Rather small penalty if Hegseth thinks Kelly commuted sedition.
I think that used to be called – thee lashes d with a wet noodle..
He will still get around $100,000 (+/-) Navy retirement pay. He will still get around $175,000 Senator pay. I don’t think he’s going to be in the poor house. I doubt he will even notice. Then there is an almost inevitable $$$$$ book deal.
Hegseath could have at least called hin back to active duty and ordered him to do some pushups. and lose some pounds.
Trump could take away Kelly’s security clearance.
I believe most who have served in the military feel a sense of honor and pride in their time spent, even in wars they now may question. JMO
If Kelly’s military service and rank are important to him, this reduction in rank has got to hurt (as it should).
You last paragraph is spot on.
Great comment
Thx J.
After the Beau Berdahl military trial I have my doubts Justice will be served! Remember DEI and wokeness in the military started under obama! That and obama firing 200 Generals considered to be fighters!!
Put him in a rocket to Mars.
With Bezos’ crew of female “astronauts”, to help steer him “to infinity! And beyond…”
FAFO Doctrine, Kelly. And you never even thought about this, did you. Moron.
He’s appealing to the maximum low info crowd that always seems to have time to hit the streets in protest. He wants this to go large. I want our laws to be more than ink on paper and evenly applied.
Kelly doubling down on stupid
Senator Mark Kelly
@SenMarkKelly
Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out. I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that.
My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head– all while proudly wearing the American flag on my shoulder. Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve.
Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous and it is wrong. There is nothing more un-American than that.
If Pete Hegseth, the most unqualified Secretary of Defense in our country’s history, thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesn’t get it. I will fight this with everything I’ve got — not for myself, but to send a message back that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.
11:33 AM · Jan 5, 2026
https://x.com/SenMarkKelly/status/2008215189275963870
Doubling down on stupid is right. Good grief.
But I notice, none are repeating their initial statement on the matter.
His exercise of free speech resulted in violations of the USMJ.
He was free to do it.
But what he did was reprehensible.
He had the right to remain silent—-but not the ability.
Free to say it. Not free from the consequences of having said it. Just like the rest of us.
Note to Sen. Kelly: Go spit.
I’m not military and I don’t like what Kelly and his cohorts did BUT is it true that a soldier hs the right to refuse ILLEGAL orders?
It would obviously be mayhem in the military for soldiers to be calling their lawyers every time they were issued orders..and clearly the joint statements they put out were meant to undermine. But was the statement actually wrong?
Yes. They have the right and should refuse an unlawful order.
They just better be right. If the order they refuse IS lawful they will face VERY serious consequences.. Ignorance is no excuse.
Nothing he said is wrong.
Most right thinking Americans believe his statements were seditious.
And most right thinking Americans believe sedition is wrong.
The clear implication was that the boat strikes were or could be illegal.
6 congresspeople suggesting that troops should stop and think if the order is illegal gets people killed.
Is it or is it not illegal General/ congressman?
Definitely unsat behavior!
Hey, nothing-to-be-Proud-about
Let’s push this theory just one step further.
American troops are in the middle of a fierce battle. Suddenly a crazed commander (a traitorous phony like this Kelly mollusk) starts yelling at them:
“Make sure you’re not following illegal orders. You will be prosecuted.”
Is that OK?
If Rachel Maddow yells such krap, it is on her and on the No Dick Butt Dike “community”.
If a traitor like Kelly uses his MILITARY credentials to pollute the chain of command with his hysteria, he needs to face legal accountability.
Sorry to say, Secretary Hegseth was way, way too mild in this situation.
Don’t feed the trolls.
Boom!
So who, exactly, will make any decision to reduce his retired rank and pension?
Mark Kelly responds,
“Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution…”
So, why are you in the Democrat/Communist Party?
… and he got too big for his britches…
His britches with the 26 inch inseam
Hey not all us runts are traitors!
So? Why did you choose to become a traitor instead of a patriot?
Kelly is the traitor. Likely an agent of China as well, like most of’em.
One sunny day he will legally respond for what he did, for real. Justice will be swift.
Kelly was the one I was addressing. Sorry, think I wrote it wrong.
Well, there’s a lot more money in being a Democrat so there’s that! 🫡
My opinion. A veteran who is a true patriot would not join today’s Democrat party. Let’s remember Benedict Arnold. He was a true patriot and a brave man, until he was not.
Kelly has always been a creep, but the dirty little secret is that the GOP senate much prefers Mark Kelly over Kari Lake or any other non-establishment republican. They prove that to be true each and every election cycle in many ways.
The GOPe hates Trump and his kind more than they hate the evil lies of people like Mark Kelly. Think about that while you have lunch.
Ensign Kelly has a nice ring to it
The “Venezuela List” Claim: What’s Being Said, What’s Missing, and Why It Matters
https://1hebrutaltruth1.substack.com/p/the-venezuela-list-claim-whats-being
If true……
both sides of the Uni-Party……
are in trouble……
It would kinda explain how/why…….
congresscritters become……
“political millionaires”…….
once elected to office.
Why is Uncle Fester a US Senator?
Because the Senate is where a lot of dim bulbs end up.
His security clearances already pulled?
Oooh… that will hurt.
Not near enough punishment for Kelly.
May God bless this endeavor..
Praise the Lord for President Trump and his cabinet…
God, bless them and protect them and give them strength… and ALL of us, Father God.
Awe.. too bad so sad… removing the parasite piglets one teat at a time.. Today is an especially good day to be a US citizen..
Unstable Mark is rapidly ascending as a sinister psycho operative. Scary that this guy had approved security clearance at NASA to be an astronaut. A top level inquiry is needed at NASA for those who approved this bad apple.
I hope there is more at play behind this DOW disciplinary response. This ass**le knew he was stepping beyond the borderland when he willfully participated in this belligerent behavior.
I trust it leads to a court martial for this angry red ant.
He soes come off as a little unhinged for someone of his background and status.
“I wonder how close he ever was to “combat’? He says “I was shot at”. When and where ? Because he doesn’t seem the type to risk himself. May he was shot at by mistake?
Probably from within his own unit!
Yes, he was shot at by his own troops! 🤔
Not enough! Recall him to active duty and bust him to E-1 with the bonus of a free stay of 5 years at Leavenworth. Make ‘Smurf Kelly’ an example! Better yet, put him on a carrier in one of the 96-man berthing areas and let patriot sailors handle his re-education.
Try it again Mark! I dare you.
I’m just over here being thankful that I lived to see a consequence!
Bring it on!!
That’s who (or what) he is 😬 I couldn’t think of it.
Smeagol AKA Gollum in Lord of the Rings.
His lust for power destroyed him.
https://imgs.search.brave.com/izDngyCiExQCb4pia2A5-iPh1ZDuID_NFcarMKTU47Y/rs:fit:860:0:0:0/g:ce/aHR0cHM6Ly9kaXNu/ZXkuaW1hZ2VzLmVk/Z2UuYmFtZ3JpZC5j/b20vcmlwY3V0LWRl/bGl2ZXJ5L3YyL3Zh/cmlhbnQvZGlzbmV5/L2M0NmM5ODc4LTRm/YmUtNDdlOS04N2Uw/LThmNGJhY2JkMWMz/Yi9jb21wb3NlP2Fz/cGVjdFJhdGlvPTEu/NzgmZm9ybWF0PXdl/YnAmd2lkdGg9NDQw
A mild one, which will most likely be reversed on appeal.
This is military. Who is he going to appeal too? General Cain? H3LL “Raisin” will probably bust him to seaman recruit Boasberg can’t interfere with this one!
Very tough to appeal or overturn military decisions. This is not normal (i.e. disfunctional court”)
True that… Look at what it has taken to get the shot refusers back on active duty and back pay and or both. You are correct. Getting a reduction in grade is the least of Kelly’s worries. Reduction to second lieutenant is a big fall in retirement monies. Now the senate needs to boot his @$$ out and refuse any retirement monies as well. Yeah one can dream 😴 Spit
Military Court.
Hahaha! This is a military law process.
No similarity to civilian law processes, at all.
Shouldn’t he have been dishonorably discharged for sedition? Why is this creature still drawing any military pension?
A “duck dinner” is really an enlisted award, but officers have a complimentary one. Duck Dinner can only be awarded by a general court martial.
Yes
By Judge Bloatturd.
I’m assuming a reopening of a final determination of retired grade which results in reduction to last grade satisfactorily held (assume that’s CDR/O-5) would be subject to review by the Board for Correction of Naval Records. BCNR is a bunch of civilians that can review administrative actions (not courts-martial).
As I understand it, the Sec. of War has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in retired grade resulting in a corresponding reduction in retired pay as well as administrative action of a formal Letter of Censure which will be placed in Captain Kelly’s official and permanent military personnel file. If Kelly attempts an appeal, it must be through a demand for a General Courts Martial. If he does that, and loses, he can face loss of all rank, all privileges, all pensions, all benefits, and serious prison time. If Kelly is smart, he will STFU, sit down, be quiet, and never speak of this again. By all appearances, he isn’t very smart. So let him choose his future. A UCMJ decision is not subject to an appeal in a civilian court. It is final and complete. That is what he forgot to consider.