People who retire from the military do so at the rank they reached during their service. They’re typically entitled to retirement pay for the remainder of their lives.
In certain cases, however, the military has the legal authority to reduce that rank and their payments. Department of Defense (DoD) regulations state that the “retired grade of an officer may be reopened” under any of the following conditions:
- An error or miscalculation caused the wrong retired grade.
- Evidence was later discovered that would have changed that retired grade.
- The retirement or grade was fraudulent.
- There is “good cause” to reconsider that retired grade.
That last one is non-specific and can be open to broad interpretation. An example that has been widely reported involved U.S. Senator Mark Kelly.
The case of Sen. Mark Kelly and potential court-martial
The Arizona senator, former Navy pilot and astronaut appeared in a video last year with other congresspeople who had served in the military and intelligence agencies. The video was made at a time when National Guard and other military members were being deployed in cities throughout the country.
In the video, they reminded active-duty service members and intelligence professionals that they can refuse illegal orders. Neither President Trump nor Secretary of Defense Pete Hegseth was happy with what they viewed as an insinuation that troops were being given illegal orders.
Sen. Kelly is the only one in the video who reached official retirement (with the rank of captain). Therefore, he’s the only one still subject to the UCMJ. That means, according to the DoD, that in addition to having his grade and retirement pay reduced, he could potentially be reinstated to active duty to be subject to a court-martial or other administrative consequences.
According to NBC News, the most likely charges for Sen. Kelly would be “Article 133 Conduct Unbecoming an Officer and Article 134 Conduct Prejudicial to Good Order and Discipline.” Sen. Kelly is fighting the DoD in federal court, and so far, the courts have not upheld the discipline that has been threatened.
What other consequences can retired military personnel face?
Besides court-martial, loss of rank and reduction in retirement pay, retired service members can also potentially lose their right to receive VA disability compensation. The Uniformed Services Former Spouses’ Protection Act also allows garnishment of retirement pay to cover unpaid spousal or child support and other family law-related obligations.
It’s important for all retired service members to know that they can be subject to these consequences even after they’re long retired from the military. As a result, anyone facing a potential court-martial or other disciplinary action – including a potential grade and retirement pay reduction – should get experienced legal guidance as soon as possible to protect their rights.