A deal not sealed
In defiance of the United States Congress, the Navy has granted a retroactive promotion, back pay and a bigger pension to Brian Losey, a former commander of the Navy SEALs who was forced into retirement last year by American legislators.
Q Why did he retire? A He retired from the military under duress, the casualty of a clash between Navy leaders who wanted to reward the combathardened SEAL commander and a bipartisan group of senators who demanded his ouster after investigations determined he had violated whistleblower-protection laws. Three separate investigations by the Defense Department’s inspector general found that Losey had wrongly fired, demoted or punished subordinates during a vengeful but fruitless hunt for an anonymous whistleblower under his command. Losey denied wrongdoing. Q What did the Navy say? A Navy leaders dismissed the findings after conducting their own review and decided in October 2015 to promote him anyway. But members of Congress objected strenuously when they learned about the case and pressured Navy Secretary Ray Mabus to block Losey’s advancement. Mabus reluctantly denied Losey’s promotion, effectively ending his 33-year military career. Q And that was that? A Not quite. Mabus later reopened the case. On Jan. 12, during his last week in office as an Obama political appointee, Mabus signed a memo boosting Losey’s rank from a one-star to a two-star admiral, although he will stay retired. Mabus acted based on a recommendation from the Board for Correction of Naval Records, a quasi-judicial panel. After Losey retired he submitted a petition to the board, arguing that he had been unfairly denied promotion because the inspector general and his critics in Congress were biased against him. Losey’s application was approved by the board and Mabus in seven weeks. “I’m not passing any judgment on his promotion and whether he deserves it or not, but the process certainly does look suspicious,” said Raymond Toney, a Utah lawyer who specializes in such cases and who reviewed Losey’s file. “It suggests to me that the rear admiral has some friends who did not want to see him go down in flames at the end of his career.” Q So what does that mean for Losey?
A His promotion will benefit him financially for the rest of his life. His higher rank entitles him to a bigger annual military pension. It will swell to about $142,000 this year, an increase of $16,700, according to Defense Department figures. He will also receive a one-time cheque for about $70,000 in back pay because the Navy dated his promotion retroactively to the date when he first became eligible for a second star.