; and (2) in subsection (c), by striking An and inserting Subject to section 2501, an . (b) Other officers Section 306 of title 14, United States Code, is amended— (1) by striking An officer each place it appears and inserting Subject to section 2501, an officer ; and (2) in subsection (c), by striking his and inserting the officer’s . (c) Commissioned or warrant officer Section 2501 of title 14, United States Code, is amended— (1) in subsection (a)— (A) by striking Any and inserting Commissioned Officer.— (1) In general Any ; (B) by striking him and inserting such officer ; (C) by striking his and inserting the officer’s ; and (D) by adding at the end the following: (2) Conditional determination When an 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 officer pending completion of the investigation. Such grade is subject to resolution under subsection (c)(2). ; (2) in subsection (b)— (A) by striking Any and inserting Warrant Officer.— Any ; (B) by striking him and inserting such 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 next lower grade (1) Misconduct in lower grade In the case of an officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the officer has not served satisfactorily in any grade equal to or higher than that lower grade. (2) Conditional determination A determination of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(2) or (b)(2) if the investigation of or personnel action against the officer or warrant officer, as applicable, results in adverse findings. (3) Retired pay