Officer retirement determinations

(a) Conditional retirements pending investigations, adverse actions, and other administrative actions (1) Elimination of limitation on reduction or waiver of requirement for officers under investigation or pending misconduct Section 1370 of title 10, United States Code, is amended— (A) in subsection (b)— (i) by striking paragraph (4); and (ii) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; and (B) in subsection (c)(4), by striking subsection (b)(6) and inserting subsection (b)(5). (2) Administrative actions Subsection (d) of such section is amended— (A) in the subsection heading, by striking pending investigation or adverse action and inserting pending investigation, adverse action, or other administrative action; (B) in paragraph (1)— (i) by inserting or other administrative action after adverse personnel action; and (ii) in subparagraph (A), by striking highest permanent grade of satisfactory service and inserting highest grade of satisfactory service; (C) in paragraph (2)— (i) by inserting or other administrative action after adverse personnel action; and (ii) in subparagraph (A), by striking highest permanent grade of satisfactory service and inserting highest grade of satisfactory service; (D) by striking paragraph (3); and (E) by redesignating paragraph (4) as paragraph (3). (b) Limitation on determinations of unsatisfactory service (1) Regular commissioned officers Section 1370 of title 10, United States Code, is amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following new subsection: (g) Limitation on determinations of unsatisfactory service (1) The Secretary concerned, or the Secretary of Defense, as the case may be, may not make a determination that an officer has not performed satisfactory service for purposes of this section unless the officer is the subject of credible adverse information. (2) For the purposes of this subsection, adverse information is any substantiated finding or conclusion from an officially documented investigation or inquiry. To be credible, the information must be resolved and supported by a preponderance of the evidence. To be adverse, the information must be derogatory, unfavorable, or of a nature that reflects clearly unacceptable conduct, integrity, or judgment on the part of the individual.. (2) Officers entitled to retired pay for non-regular service Section 1370a of title 10, United States Code, is amended— (A) by redesignating subsection (h) as subsection (i); and (B) by inserting after subsection (g) the following new subsection: (h) Limitation on determinations of unsatisfactory service (1) The Secretary concerned, or the Secretary of Defense, as the case may be, may not make a determination that an officer has not performed satisfactory service for purposes of this section unless the officer is the subject of credible adverse information. (2) For the purposes of this subsection, adverse information is any substantiated finding or conclusion from an officially documented investigation or inquiry. To be credible, the information must be resolved and supported by a preponderance of the evidence. To be adverse, the information must be derogatory, unfavorable, or of a nature that reflects clearly unacceptable conduct, integrity, or judgment on the part of the individual.. (3) Selected Reserve of the Ready Reserve Section 12741 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) Limitation on determinations of unsatisfactory service (1) The Secretary concerned may not make a determination that a person has not performed satisfactory service for purposes of this section unless the person is the subject of credible adverse information. (2) For the purposes of this subsection, adverse information is any substantiated finding or conclusion from an officially documented investigation or inquiry. To be credible, the information must be resolved and supported by a preponderance of the evidence. To be adverse, the information must be derogatory, unfavorable, or of a nature that reflects clearly unacceptable conduct, integrity, or judgment on the part of the individual..