Sec. 8201. GRADE ON RETIREMENT
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## SEC. 8201 GRADE ON RETIREMENT ###
(a)Retirement of Commandant or Vice Commandant Section 303 of title 14, United States Code, is amended by adding at the end the following: > > ### “(d) > > Retirement under this section is subject to section 2501(a) of this title.” > . ###
(b)Retirement Section 306 of title 14, United States Code, is amended— ####
(1)in subsection (a), by inserting “satisfactorily, as determined under section 2501 of this title” before the period; ####
(2)in subsection (b), by inserting “satisfactorily, as determined under section 2501 of this title” before the period; and ####
(3)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. ###
(c)Grade on Retirement Section 2501 of title 14, United States Code, is amended— ####
(1)in subsection (a)— #####
(A)by striking “ Any commissioned officer, other than a commissioned warrant officer, ” and inserting > “ Commissioned Officers.— > > > #### “(1) In general > > A commissioned officer” > ; #####
(B)by striking “him” and inserting “the commissioned officer”; #####
(C)by striking “his” and inserting “the commissioned officer’s”; and #####
(D)by adding at the end the following: > > #### “(2) Conditional determination > > When a commissioned officer is under investigation for alleged misconduct at the time of retirement— > > > ##### “(A) > > the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and > > > ##### “(B) > > the grade under subparagraph
(A)is subject to resolution under subsection (c)(2).” > ; ####
(2)in subsection (b)— #####
(A)by inserting “Warrant Officers.—” after “(b)”; #####
(B)by striking “him” and inserting “the warrant officer”; and #####
(C)by striking “his” and inserting “the warrant officer’s”; and ####
(3)by adding at the end the following: > > ### “(c) Retirement in Lower Grade > > > #### “(1) Misconduct in lower grade > > 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. > > > #### “(2) Adverse findings > > 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. > > > #### “(3) Recalculation of retired pay > > 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. > > > ### “(d) Finality of Retired Grade Determinations > > > #### “(1) In general > > 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. > > > #### “(2) Reopening determinations > > A determination of the retired grade of a commissioned officer may be reopened if— > > > ##### “(A) > > the retirement or retired grade of the commissioned officer was procured by fraud; > > > ##### “(B) > > substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by competent authority at the time of retirement; > > > ##### “(C) > > a mistake of law or calculation was made in the determination of the retired grade; > > > ##### “(D) > > 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 > > > ##### “(E) > > the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination. > > > #### “(3) Requirements > > If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary— > > > ##### “(A) > > shall notify the commissioned officer of the reopening; and > > > ##### “(B) > > 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. > > > #### “(4) Recalculation of retired pay > > 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. > > > ### “(e) Inapplicability to Commissioned Warrant Officers > > This section, including subsection (b), shall not apply to commissioned warrant officers.” > .