Less than two months after appearing in a viral video in which he and other Democratic lawmakers urged troops not to obey unlawful military orders, Sen. Mark Kelly (D-Ariz.) is facing a potential reduction in military retirement pay.
On Monday, Secretary of Defense Pete Hegseth said in a post on X that the Pentagon was moving to reduce the retired Navy captain’s grade, which would cut his retirement pay. That grade determination process will be led by Hegseth. In the post, Hegseth wrote that Kelly will also receive a Letter of Censure, which would be added to his permanent military personnel file.
In a statement posted to X Monday, Kelly defended the video and his 25-year service record, which he said included 39 combat missions and four trips to space. Through his military service, Kelly said he risked his life to defend the Constitution and First Amendment.
“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,” Kelly said. “It’s outrageous and it is wrong. There is nothing more un-American than that.”
In mid-November, six veterans who are sitting members of Congress released a video warning troops that they are able to decline unlawful orders. However, the lawmakers in the video did not directly accuse President Donald Trump or the administration of issuing “illegal” orders.
“Our laws are clear; you can refuse illegal orders,” Kelly said in the Nov. 18 video, which had similar statements from other lawmakers blended together.
After the video’s release, Hegseth said that the Pentagon was considering court-martialing Kelly for his public statements. On Monday, Hegseth announced that the adverse actions were being taken because Kelly violated Articles 133 and 134 of the Uniform Code of Military Justice.
“As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice,” Hegseth wrote, adding that the video “clearly intended to undermine good order and military discipline.”
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The other speakers were Sen. Elissa Slotkin (D-Mich.), Rep. Chris Deluzio (D-Pa.), Rep. Jason Crow (D-Colo.), Rep. Maggie Goodlander (D-N.H.), and Rep. Chrissy Houlahan (D-Pa.). However, they are not subject to the Uniform Code of Military Justice — one is a former member of the CIA and four others are military veterans but not retirees, Hegseth said in November.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” Kelly, who is also a former astronaut, said in November.
According to Monday’s announcement by Hegseth, Kelly has 30 days to respond and the retirement grade determination process will be completed within 45 days.
The lawmakers’ video follows a trend of progressive veterans who have launched several information campaigns aimed at educating troops about the nuances of lawful and unlawful orders on duty. Veterans at progressive advocacy groups have set up several billboards featuring information on military legal resources outside of major bases in North Carolina and in cities where thousands of National Guard troops have been deployed. Another series of billboards have been put up outside of U.S. Southern Command, which is in charge of ongoing strikes in the Caribbean.
The Pentagon uses a formula to calculate troop retirement pay based on their highest base salary multiplied by a percentage of years in service.
UPDATE: 1/5/2026; This article has been updated with a statement from Sen. Mark Kelly posted to X.
