Sec. 203. Grade on retirement

667 words·~3 min read·/bill/116/s/2297/rs/section-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 303 of title 14, United States Code, is amended by adding at the end the following: Retirement under this section is subject to section 2501(a) of this title. . Section 306 of title 14, United States Code, is amended— in subsection (a), by inserting satisfactorily, as determined under section 2501 of this title before the period; in subsection (b), by inserting satisfactorily, as determined under section 2501 of this title before the period; and in subsection (c), by inserting if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title before the period.

Section 2501 of title 14, United States Code, is amended— in subsection (a)— by striking Any commissioned officer, other than a commissioned warrant officer, and inserting Commissioned Officers.— A commissioned officer ; by striking him and inserting the commissioned officer ; by striking his and inserting the commissioned officer’s ; and by adding at the end the following: When a commissioned officer is under investigation for alleged misconduct at the time of retirement— the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and the grade under subparagraph

(A)is subject to resolution under subsection (c)(2). ; in subsection (b)— by inserting after Warrant officers .—

(b); by striking him and inserting the warrant officer ; and by striking his and inserting the warrant officer's ; and by adding at the end the following: In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade. A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings. If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened. A determination of the retired grade of a commissioned officer may be reopened if— the retirement or retired grade of the commissioned officer was procured by fraud; substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was known by competent authority at the time of retirement; a mistake of law or calculation was made in the determination of the retired grade; in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination. If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary— shall notify the commissioned officer of the reopening; and may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening. If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer’s retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. This section, including subsection (b), shall not apply to commissioned warrant officers. .