Pub. L. 105-261, div. A, tit. VI, subtit. D, sec. 646
REVISION TO COMPUTATION OF RETIRED PAY FOR CERTAIN MEMBERS.
SEC. 646. REVISION TO COMPUTATION OF RETIRED PAY FOR CERTAIN MEMBERS. Section 1406(i) of title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): “(2) Exception for members reduced in grade or who do not serve satisfactorily.— Paragraph (1) does not apply in the case of a member who, while or after serving in a position specified in that paragraph and by reason of conduct occurring on or after the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999— “(A) in the case of an enlisted member, is reduced in grade as the result of a court-martial sentence, non-judicial punishment, or other administrative process; or “(B) in the case an officer, is not certified by the Secretary of Defense under section 1370(c) of this title a shaving served on active duty satisfactorily in the grade of general or admiral, as the case may be, while serving in that position.”.