Posted on Jan 7, 2026
Hegseth’s Move Against Sen. Mark Kelly’s Retirement Rank Raises Broader Stakes for Military...
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Edited 2 d ago
Posted 2 d ago
Responses: 3
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Note the words "service secretary," in this case the Secretary of the Navy and NOT the SECDEF, and "whether the officer served satisfactorily in grade" and not as a Senator, afterwards.
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SSgt Richard Kensinger
mark kelly represents some of the best in our military and Pete, the worst
rich
rich
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COL Randall Cudworth
Contrary to the implication of the article, according to the law (10 U.S. Code § 1370(f)(6)(A)(i)*), if the retired grade of an officer is reduced through the reopening of the grade final determination, the grade determination decision is made by the Secretary of Defense/War unless they delegate that authority to the Secretary of the military department.
Either of the Secretaries can reopen a final grade determination for officers that retired below the rank of 09, but only the Secretary of Defense/War is authorized to make the decision on the grade reduction (if the grade is changed to O9/O10, then the decision must be POTUS, by and with the advice and consent of the Senate).
In this specific situation (according to the Letter of Censure that was given to Sen. Kelly) Secretary Phelan (the SECNAV) will make a recommendation to Secretary Hegseth who will make the determination.
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* Secretarial Letter of Censure given to Sen. Mark Kelly/Captain Mark Kelly, USN (Ret) - https://www.documentcloud.org/documents/26458631-secwar-letter-05jan26/
Either of the Secretaries can reopen a final grade determination for officers that retired below the rank of 09, but only the Secretary of Defense/War is authorized to make the decision on the grade reduction (if the grade is changed to O9/O10, then the decision must be POTUS, by and with the advice and consent of the Senate).
In this specific situation (according to the Letter of Censure that was given to Sen. Kelly) Secretary Phelan (the SECNAV) will make a recommendation to Secretary Hegseth who will make the determination.
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* Secretarial Letter of Censure given to Sen. Mark Kelly/Captain Mark Kelly, USN (Ret) - https://www.documentcloud.org/documents/26458631-secwar-letter-05jan26/
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LTC Matthew Schlosser
Okay, so COL Cudworth clarified that the final call is in fact Hegseth's. I want to address a different falsehood. As retired officers, we are still officers. Our post-retirement behavior is "in grade." So this nonsense about trying to pretend that Kelly was suborning mutiny as a Sentator and not as a CAPT simply doesn't fly.
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This is not the end of this issue. I am sure Senator Kelly will not just set back and accept this action or any future action.
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Strictly addressing the question if "post-retirement conduct can retroactively render earlier service in grade as unsatisfactory", not whether such actions are warranted in this situation, the answer is yes.
As you mentioned regarding the grade determination upon retirement, the law gives a lot of 'wiggle room' on reopening a grade determination after a final one was given. 10 U.S. Code § 1370(f)(2)(D)* states that a final grade determination can be reopened "If the applicable Secretary determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination of retired grade."
Specifically in this situation (a retired O-6 naval officer), If the final grade determination is reopened, the individual must be notified and that officer must be given a reasonable opportunity to respond regarding the basis for the reopening.
I think the actual legal question will center on whether or not "good cause exists" to reopen the grade determination and not if the Secretary has the ability to do so.
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* 0 U.S. Code § 1370 - https://www.law.cornell.edu/uscode/text/10/1370
As you mentioned regarding the grade determination upon retirement, the law gives a lot of 'wiggle room' on reopening a grade determination after a final one was given. 10 U.S. Code § 1370(f)(2)(D)* states that a final grade determination can be reopened "If the applicable Secretary determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination of retired grade."
Specifically in this situation (a retired O-6 naval officer), If the final grade determination is reopened, the individual must be notified and that officer must be given a reasonable opportunity to respond regarding the basis for the reopening.
I think the actual legal question will center on whether or not "good cause exists" to reopen the grade determination and not if the Secretary has the ability to do so.
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* 0 U.S. Code § 1370 - https://www.law.cornell.edu/uscode/text/10/1370
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COL (Join to see)
OK, but normally... a retro-active grade determination would be because of something that happened DURING THAT TIME in that pay grade (in the past) that then may have come to light after some time / investigation, thus warranting a re-look at say, this officer's service while a Navy CPT. Here, the "latitude" allowed is being used to review conduct as an elected official - a US Senator, and NOT Kelly's conduct while still on active duty in that grade.
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COL Randall Cudworth
Agree, normally it is because of misconduct that was committed prior to their retirement but discovered after their separation.
Keep in mind though that while it is rare to reopen a grade determination on an officer for their actions conducted after they left the service, it has happened on multiple occasions in the past. The most recent example that comes to mind is General Petraeus - his grade determination was reopened for his actions post-retirement while he was the Director of the CIA.
Again, there is a difference between COULD and SHOULD. COULD he be reduced? Yes. SHOULD he be reduced? His supporters will say no and his detractors will say yes.
Keep in mind though that while it is rare to reopen a grade determination on an officer for their actions conducted after they left the service, it has happened on multiple occasions in the past. The most recent example that comes to mind is General Petraeus - his grade determination was reopened for his actions post-retirement while he was the Director of the CIA.
Again, there is a difference between COULD and SHOULD. COULD he be reduced? Yes. SHOULD he be reduced? His supporters will say no and his detractors will say yes.
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