So the problem here is basically that he's James T. Kirk.
Or are you seriously going to tell me that Kirk never broke the rules.
As for the lying in a report thing, didn't Janeway once make it sound like Kirk had a habit of fudging the details in his reports.
Well the confusion of reality and fiction is one problem of these films. "He is James T. Kirk, he just HAS to be Captain of the Enterprise."
Franchise demands put over logical character development.