Executive Order 9993—Regulations Relating to Commissioned Officers and Employees of the Public Health Service

1. Regulations prescribed. By virtue of the authority vested in me by the Public Health service Act, approved July 1, 1944 (58n Stat. 682) as amended, and as President of the United States, I hereby prescribe the following regulations relating to commissioned officers and employees of the Public Health Service which shall constitute Subparts A through N, inclusive, of Part 21, and §§ 22.1 and 22.2 of Part 22 of Chapter I of Title 42 of the Code of Federal Regulations: PART 21-COMMISSIONED OFFICERS SUBPART A-DEFINITIONS Sec. 21.1 Meaning of terms. SUBPART B - TITLES 21.11 Officers other than medical officers. 21.12 Designation of specialties. 21.13 Military titles. SUBPART C-APPOINTMENT Provisions Applicable Both to Regular and Reserve Corps 21.21 Meaning of terms. 21.22 Submission of application and evidence of qualifications. 21.23 False statements as disqualification. 21.24 Physical examinations. 21.25 Eligibility; junior assistant grade. 21.26 Eligibility; assistant grade. 21.27 Eligibility; senior assistant grade. 21.28 Eligibility; grades above senior assistant grade. 21.29 Eligibility; all grades; academic and professional education and professional training and experience. 21.30 Boards; appointment of; powers and duties. 21.31 General service. 21.32 Certification by candidate; requirement of new physical examination. Provisions Applicable Only to Regular Corps 21.41 Professional examinations, holding of; subjects to be included. 21.42 Examinations; junior assistant, assistant, or senior assistant grade. 21.43 Examination; full grade and above. 21.44 Clinical or other practical demonstration. 21.45 Rating values. 21.46 Merit roll. 21.47 Examinations; anticipation of meeting qualifications. 21.48 Reappointment of former officers of the Regular Corps. Provisions Applicable Only to Reserve Corps 21.51 Appointment of officers having specialized training or experience in administration and management. 21.52 Waiver of entrance qualifications for original appointment in time of war or national emergency. 21.53 Examination. 21.54 Students. 21.55 Appointment to higher grades; candidates exceptionally qualified in specialized fields. 21.56 Reappointment. 21.57 Examination for reappointment. 21.58 Physical examination for reappointment. 21.59 Reappointment of officers who are or have been in a retired status. SUBPART D-INCREASED PAY AND ALLOWANCES Sec. 21.61 Duty requiring intimate contact with leprosy patients; additional pay. SUBPART E-ALLOTMENTS 21.71 Generally. 21.72 On active duty or traveling outside continental United States. SUBPART F-LEAVE Definitions 21.81 Meaning of terms. Leave With Pay 21.84 Accrual and accumulation of annual leave. 21.85 Carrying over accrued and accumulated annual leave during continued service. 21.86 Granting of annual leave. 21.87 Computation of annual leave. 21.88 Station leave. 21.89 Reporting of absence; granting of sick leave. 21.90 Prolonged or frequent absence due to sickness or disability; review of status. 21.91 Reporting of whereabouts during annual, sick, or station leave. Leave Without Pay While on Detail 21.95 Leave without pay while on detail. SUBPART G-PROMOTION Definitions 21.101 Meaning of terms. Provisions Applicable Only to Regular Corps 21.112 Establishment of seniority lists. 21.113 Seniority in grade; junior assistant grade. 21.114 Officers of the Regular Corps entitled to the same seniority in grade. 21.115 Restricted grades. 21.116 Promotion to assistant grade. 21.117 Annual promotion boards; appointment of; powers and duties. 21.118 Officers to be considered for promotion. 21.119 Disqualification of a member of a promotion board. 21.120 Physical examination. 21.121 Examination; promotion to the assistant and senior assistant grades. 21.122 Examination for promotion to the full grade and above. 21.123 Rating values. 21.124 Competitive examination for selected promotions. 21.125 Use of ratings in determining eligibility for promotion. 21.126 Establishment of promotion registers. 21.127 Recommendation for promotion. 21.128 Graded positions. 21.129 Selection of officers for assignment to graded positions. 21.130 Temporary promotion upon assignment to a graded position. 21.131 Limitations on temporary promotions. 21.132 Temporary promotions in time of war or national emergency. 21.133 Effect of disciplinary action. Provisions Applicable Only to Reserve Corps 21.141 Dividing Reserve Corps into professional categories. 21.142 Temporary promotions; Reserve Corps. SUBPART H-SEPARATION OF CERTAIN OFFICERS 21.151 Separation of officers of Regular Corps originally appointed in or above the senior assistant grade. 21.152 Separation of officers because of pregnancy. 21.153 Separation of officers of the Regular Corps for physical reasons under certain circumstances. 21.154 Separation of officers of the Regular Corps for refusal to undergo examination under certain circumstances. SUBPART I-MEDIAL REVIEW BOARD 21.161 Medical review board. 21.162 Powers and duties of medical review boards. 21.163 Action by the Surgeon General. SUBPART J-RETIREMENT For Disability 21.171 Meaning of terms. 21.172 Generally. 21.173 Effective date. 21.174 Termination of reserve commission. 21.175 Duration. 21.176 Termination; Regular Corps; recall to active duty. 21.177 Termination; Reserve Corps. 21.178 Retired officer; review of disability. 21.179 Relapse after recovery; Reserve Corps. 21.180 Report by medical review board. 21.181 Failure to undergo examination or supply information. 21.182 Presumptions. 21.183 Transmission of information to certain agencies. After Thirty Years of Service 21.184 Retirement of officers in the senior grade. 21.185 Retirement boards; appointment of. 21.186 Referral of records to retirement boards. 21.187 Powers and duties of retirement boards. 21.188 Subsequent review of record. 21.189 Prescription of numbers for retirement. 21.190 Action by the Surgeon General and the Administrator. For Length of Service or for Age Sec. 21.191 Recall to active duty in time of war. SUBPART K-TRAINING 21.201 Definition. 21.202 Assignment of officers to educational institutions for training. 21.203 Payment of tuition and fees. 21.204 Other necessary expenses. SUBPART L-UNIFORMS Male Officers 21.211 Generally. Female Officers 21.221 Generally. 21.222 Working uniforms. 21.223 Detail to States. 21.224 Change in uniform. Male and Female Officers 21.231 Correspondence with uniforms of other commissioned services in certain cases. 21.232 Insignia. 21.233 Wearing of uniforms in time of war. 21.234 Wearing of uniforms in time of peace. 21.235 Uniform of the day; generally. 21.236 Uniform of the day; certain officers. 21.237 Wearing of uniforms; inactive, retired, or former officers. Other Persons 21.241 Persons authorized to wear similar insignia. 21.242 Wearing of certain insignia, or of ornamental jewelry resembling insignia. 21.251 Military, naval, or foreign government decorations. 21.252 Sound or service chevrons; overseas service bars. 21.253 Other medals, ribbons, or badges. SUBPART N-DISCIPLINE General Provisions 21.261 Applicability 21.262 Orders of superior officers. 21.263 Officer in charge; designation. 21.264 Officer in temporary charge; designation. 21.265 Officer in temporary charge; authority. 21.266 Official correspondence. 21.267 Furnishing information. 21.268 Letters of recommendation. 21.269 Outside employment. 21.270 Reporting when detailed. 21.271 Misconduct. 21.272 Summary punishment. 21.273 Leave of absence during pendency of charges. 21.274 Grievances. Boards of Investigation Sec. 21.281 Order to appear before board; time limitations. 21.282 Convocation. 21.283 Composition. 21.284 Punishment. 21.285 Service representative. 21.286 Notice of charges; right to counsel. 21.287 Presiding officer. 21.288 Recorder. 21.289 Stenographer. 21.290 The record. 21.291 Oath of board members. 21.292 Oath of recorder and stenographer. 21.293 Affirmations. 21.294 Sessions. 21.295 Challenges. 21.296 List of witnesses. 21.297 Reading of charges and specifications. 21.298 Plea to charges. 21.299 Plea in bar. 21.300 Preliminary instructions to witnesses. 21.301 Calling of witnesses; oath. 21.302 Verification of testimony. 21.303 Witness fees. 21.304 Evidence; admissibility. 21.305 Depositions. 21.306 Order of examination. 21.307 Testimony of accused. 21.308 Defense rebuttal. 21.309 Reply of service representative. 21.310 Close of hearing. 21.311 Consideration by board. 21.312 Findings and recommendations of board. 21.313 Recommendations of board. 21.314 Report to accompany record. 21.315 Transmittal of record and report. Action Upon Findings and Recommendations of Board 21.321 Action by Surgeon General. 21.322 Action by the Administrator. SUBPART A-DEFINITIONS § 21.1 Meaning of terms. As used in this part, the term: (a) "Act" means the Public Health Service Act, 58 Stat. 682, as now or hereafter amended. (b) "Administrator" means the Federal Security administrator. (c) "Agency" means the Federal Security Agency. (d) "Service" means the Public Health Service. (e) "Surgeon General" means the Surgeon General of the Public Health Service or such other officer of the Service to whom the Surgeon General delegates any of the authority conferred herein. (f) "Commissioned officer" or "officer", unless otherwise indicated, means both an officer of the Regular Corps and an officer of the Reserve Corps. (Sect. 215, 58 Stat. 690; 42 U.S.C. 216). SUBPART B-TITLES AUTORITY: §§ 21.11 to 21.13, inclusive, issued under sec. 215, 58 Stat. 690; 42 U.S.C. 216. Additional authority is noted in parenthesis following sections affected. § 21.11 Officers other than medical officers. The titles of officers, other than medical officers, in the junior assistant, assistant, senior assistant, full, and senior grades shall be "dental surgeon", "sanitary engineer", "pharmacist", "nurse officer", "scientist", "dietitian", "therapist", "sanitarian", "veterinarian", or a similar term descriptive of the specialty of such class of officers. The titles of officers, other than medical officers in the director grade shall be the term "director" preceded by the term "dental", "sanitary engineer", "pharmacist", "nurse", "scientist", "dietitian", "therapist", "sanitarian", "veterinarian", or a similar descriptive term. The titles of officers, other than medical officers, in the grade of Assistant Surgeon General shall be "Assistant Surgeon General", except that following such title there shall be added a parenthetical identification, such as "dental" or "sanitary engineer". (Sec. 206(b), 58 Stat. 685; 42 U.S.C. 207(b)) § 21.12 Designation of specialties. Scientist officers and other officers having generally descriptive titles, in using their titles in correspondence outside the Agency and in the programs of scientific meetings, may designate their specialties in parentheses following their names and titles, as, for example, Richard Roe, Senior Scientist (Entomologist). (Sec. 206(b), 58 Stat. 685; 42 U.S.C. 207(b)) § 21.13 Military titles. An officer in uniform may use, for purposes of identification and address, the military or naval title of rank corresponding to the grade markings worn. An officer detailed for duty with the Army, Air Force, Navy, Coast Guard, or Coast and Geodetic Survey may use in official correspondence the title of military or naval rank corresponding to the grade markings worn, as, for example, Richard Roe, Major, U.S.P.H.S., or Richard Roe, Lieutenant Commander, U.S.P.H.S. SUBPART C-APPOINTMENT AUTHORITY: 21.21 TO 21.59, INCLUSIVE, ISSUED UNDER SEC. 215, 58 Stat. 690, sec. 208, 58 Stat. 685, as amended by sec. 5, Pub. Law 425, 80th Cong., 62 stat. 40; 42 U.S.C. 216, 209. Provisions Applicable Both to Regular and Reserve Corps § 21.21 Meaning of terms. The term "approved" as used in this subpart in connection with "school", "college", "postgraduate school", or "training course" means, except as otherwise provided by law, a school, college, post-graduate school, or training course which has been accredited or approved by a professional body or bodies acceptable to the Surgeon General for such purpose, or which, in the absence of such a body, meets generally accepted professional standards as determined by the Surgeon General. § 21.22 Submission of application and evidence of qualifications-(a) Application form. Every candidate for examination for appointment as an officer shall submit a written application on such form as may be prescribed by the Surgeon General. (b) Documentary evidence and photograph. The application shall be accompanied by: (1) Documentary evidence of (i) date and place of birth (birth certificate if obtainable); (ii) completion of educational and professional training; (iii) United States citizenship in the case of an applicant of foreign birth; and (iv) current registration as a graduate nurse under a nurse practice act of a State, Territory or the District of Columbia in the case of a nurse; (2) such other documentary evidence as may be required by the Surgeon General, and (3) a recent photograph. § 21.23 False statements as disqualification. Willfully false statements shall be cause for rejection of the application or, as provided in Subpart N, for dismissal. § 21.24 Physical examinations. Every candidate for appointment as an officer shall undergo such physical examination as the Surgeon General may direct and no candidate who is not found to be physically qualified shall be appointed as an officer. § 21.25 Eligibility; junior assistant grad-(a) Requirements; all candidates. Except as provided in § 21.54 and as otherwise provided in this section, every candidate for examination for appointment in the grade of junior assistant: (1) Shall be a citizen of the United States; (2) Shall be at least 18 years of age; and (3) Shall have been granted an academic or professional degree from an approved school, college, or postgraduate school, and, unless the required professional training has been otherwise obtained from an approved school, college, or postgraduate school, shall have majored in the profession in which the examination is being held. (b) Additional requirement; nurse officers. Every candidate for examination for appointment as a nurse officer shall be currently registered as a graduate nurse under a nurse practice act of a State, Territory, or the District of Columbia. (c) Special requirement; therapists. Every candidate for examination for appointment as a therapist shall have received a certificate from an approved school of physical therapy or an approved school of occupational therapy. (d) Temporary substitute for academic or professional degree; nurse officers and therapists. Every candidate who applies for examination for appointment as a nurse officer or therapist in the junior assistant grade prior to January 1, 1949 and who has received subsequent to July 1, 1943 a certificate in his profession from an approved school, may substitute such certificate for the requirement of an academic or professional degree. In the case of a candidate for examination for appointment as a nurse officer, the certificate which may be substituted for the requirement of an academic or professional degree shall have been granted by a State-accredited school of nursing connected with a hospital having a daily census of not less than 50, and offering adequate nursing experience in medicine, surgery, pediatrics, and obstetrics at the time of graduation of the candidate. § 21.26 Eligibility; assistant grad-(a) Requirements; all candidates. Except as otherwise provided in this section, every candidate for examination for appointment in the grade of assistant: (1) Shall meet the requirements for eligibility for examination for appointment in the grade of junior assistant; (2) Shall be at least 21 years of age; and (3) Shall have had at least 7 years of educational and professional training or experience subsequent to high school, except that a candidate who applies for examination for appointment in the Reserve Corps to serve as a medical or dental intern may be examined for such appointment upon the completion of 6 years of such education, training, or experience. (b) Additional requirement; dietitians. Every candidate for examination for appointment as a dietitian shall have successfully completed an approved training course for dietetic interns. (c) Temporary substitute for academic degree; nurse officers and therapists. Every candidate who has received subsequent to July 1, 1943, a certificate in his profession from an approved school, who applies for examination for appointment as a nurse officer or therapist in the assistant grade prior to January 1, 1953, and who has had, during the five years immediately prior to the date of such application, 4 years or more of experience as a nurse, physical therapist, or occupational therapist in the Army, Navy, or Public Health Service with a satisfactory record of active service, may substitute such certificate and experience for the requirement of an academic degree. (d) Temporary substitute for dietetic internship; dietitians. Every candidate who applies for examination for appointment as a dietitian in the assistant grade prior to January 1, 1949, who has had, prior to such date, 3 years or more of experience as a dietitian and who has received an academic degree from an approved college with a major in foods and nutrition or institutional management in the field of dietetics, may substitute such education and experience for the requirement of successful completion of an approved training course for dietetic interns. § 21.27 Eligibility; senior assistant grade. Every candidate for examination for appointment in the grade of senior assistant shall meet the requirements for eligibility for examination for appointment in the grade of assistant and shall have completed at least 10 years of educational and professional training or experience subsequent to high school. § 21.28 Eligibility; grades above senior assistant grade. Every candidate for examination for appointment in grades above that of senor assistant shall meet the requirements for eligibility for examination for appointment in the grade of senior assistant. Candidates for examination for appointment in the full, senior, or director grade shall have completed at least 7, 14, or 15 additional years, respectively, of postgraduate professional training or experience. When offices of the Service are unavailable for the performance of duties requiring highly specialized training and experience in special fields related to public health, the Surgeon General may specify that a candidate for appointment to the Regular Corps with such highly specialized training and experience shall be examined for appointment in the full or senior grade upon completion of at least 5 or 12 additional years, respectively, of postgraduate professional training or experience, except that the total number of such appointments during a fiscal year shall not exceed three. § 21.29 Eligibility; all grades; academic and professional education and professional training and experience. The Surgeon General is authorized, subject to the other provisions of this subpart, to adopt additional standards by which the education, training, and experience required under this subpart, and evidence thereof, shall be of such specific kind and quality, pertinent to the particular profession concerned, as in his judgment are necessary to limit the examination to qualified candidates. § 21.30 Boards; appointment of; powers and duties. The Surgeon General shall from time to time appoint boards and subboards of officers to consider the qualifications of candidates for appointment as officers, and shall refer to such boards the applications of those candidates who are eligible for examination for appointment. Such boards and subboards shall consist of three or more officers, the majority of whom, so far as practicable, shall be of the same profession as the candidate. The Surgeon General shall prescribe the duties of boards and subboards in relation to the examination process not otherwise prescribed in this subpart. § 21.31 General service. Officers shall be appointed only to general service and shall be subject to change of station. § 21.32 Certification by candidate; requirement of new physical examination. If a candidate for appointment in the Regular Corps or an officer of the Reserve Corps on inactive service has passed a physical examination within a period of 6 months from the date on which it is contemplated that he will be appointed or called to active duty, he shall, prior to being appointed or called to active duty, certify that to the best of his knowledge and belief he is free from all disease or injury not noted in his record at the time of his examination and that he is willing to serve in any climate. If a candidate for appointment in the Regular Corps, or an officer of the Reserve Corps on inactive service, has not passed a physical examination within a period of 6 months from the date on which it is contemplated that he will be appointed or called to active duty, he may, prior to being appointed or called to active duty, be required to undergo such physical examination as the Surgeon General may direct to determine his physical qualification for appointment or call to active duty in accordance with standards prescribed for original appointment, or he may be appointed or called to active duty after executing the certificate described above, but shall be physically examined to determine his physical qualification for continued active service in accordance with standards prescribed for original appointment within a period of 15 days after reporting for duty at his first station. Provisions Applicable Only to Regular Corps § 21.41 Professional examinations, holding of; subjects to be included. From time to time the Surgeon General may order examinations to be held in such professions and for such grades as he deems necessary for the purpose of providing merit rolls of el8igible candidates for appointment in the Regular Corps and shall, if a professional examination is to be required, prescribe the subjects relating to each such profession in which candidates will be examined. § 21.42 Examinations; junior assistant, assistant, or senior assistant grade. The examination for appointment to the junior assistant, assistant, or senior assistant grade in the Regular Corps shall consist of (a) a written professional examination relating to the fundamentals of the candidate's profession and their relationship to the activities of the Service, and (b) an examination as to the candidate's general fitness, which shall include an oral interview, and a review and evaluation of the candidate's academic and professional education and professional training and experience, and may include other written tests to determine the candidate's fitness for appointment as an officer. § 21.43 Examination; full grade and above. The examination for appointment to the full, senior, or director grade in the Regular Corps shall consist of a review and evaluation of the candidate's academic and professional education and professional training and experience. The Surgeon General may, however, direct that the examination of a candidate for appointment to any such grade shall also include an oral interview, a written or oral professional examination, or both. § 21.44 Clinical or other practical demonstration. In the discretion of the Surgeon General a candidate for appointment to any grade up to and including the senior assistant grade in the Regular Corps may be required to perform successfully a clinical or other practical demonstration which, if required, shall constitute a part of the professional examination. § 21.45 Rating values. The examination of every candidate for appointment to any grade in the Regular Corps shall be rated by a board appointed pursuant to § 21.30 in accordance with such relative values for each part of the examination as are prescribed by the Surgeon General. No candidate who receives a final rating below 80 shall be appointed in the Regular Corps. § 21.46 Merit roll. Each board appointed pursuant to § 21.30 to consider the qualifications of candidates for appointment as officers shall assign a numerical rating to each candidate for appointment in the Regular Corps who passes the examination, and shall submit a report to the Surgeon General of the ratings and the relative standing of all such candidates for each grade in each profession. The Surgeon General shall submit each such report with his recommendations to the Administrator, and, if approved by the Administrator, the report shall constitute a merit roll from which the Administrator shall, in accordance with relative standing, recommend available persons to the President for nomination as commissioned officers of the Regular Corps. A board may consider any newly discovered evidence relating to the physical, professional, or personal qualifications of any candidate examined for appointment. Upon recommendation of such board after review of such evidence, the Surgeon General, with the approval of the Administrator, may correct the rating of a candidate or may qualify or disqualify a candidate. The placing of a candidate's name on a merit roll shall give no assurance of an appointment. A merit roll shall expire when a new merit roll in the same profession and grade has been established, but no merit roll shall continue in effect longer than two years after its approval by the Administrator. Every candidate who has not been nominated by the President for appointment prior to the expiration of a merit roll on which his name appears, shall, unless he requests the opportunity to be reexamined, be rated with the next group of candidates of the same profession for appointment in the same grade and shall be given the same rating he had on the expired merit roll. If two candidates who were examined at the same time receive the same numerical rating, the elder candidate shall assume relative standing on the merit roll over the younger candidate. If a candidate whose name is being transferred from an expired to a new merit roll has the same numerical rating as a candidate whose name is being place on the new merit roll for the first time, the former shall assume relative standing on the merit roll over the latter. The name of a candidate may be removed from a merit roll in the event that he refuses an appointment when offered. No candidate's eligibility for appointment shall exceed two years unless he again becomes eligible as the result of another examination. § 21.47 Examination; anticipation of meeting qualifications. A potential candidate for appointment in any grade in the Regular Corps may be examined within a period of nine months prior to the date upon which it is anticipated that he will qualify for appointment under this subpart. Upon successful completion of the examination, his name will be entered on a merit roll. In the event that his name, in order of relative standing among all candidates, precedes that of fully qualified candidates, his name, for purpose of appointment, shall be passed over in favor of fully qualified candidates until such time as he becomes fully qualified, but in no event shall he otherwise lose his relative standing on the merit roll, except as provided in § 21.46. If the candidate fails to qualify for appointment at the time that it was anticipated that he would qualify, his name shall be removed from the merit roll. § 21.48 Reappointment of former officers of the Regular Corps. If a candidate for appointment to the Regular Corps is a former officer of the Regular Corps and if he applies for reappointment to the Regular Corps within two years from the date of the termination of his commission in the Regular Corps, he may be appointed to the Regular Corps without regard to the merit rolls after passing an examination which shall consist of a physical examination and a review and evaluation of his record with the Service. If reappointed, such candidate shall be reappointed in the permanent grade held by him at the time of the termination of his commission, and shall, for purposes of promotion, pay and pay period, seniority in grade, and retirement, be credited with the same credits he had at the time his commission was terminated. For purposes of § 21.114 a reappointment shall be considered as an original appointment. Provisions Applicable Only to Reserve Corps § 21.51 Appointment of officers having specialized training or experience in administration and management. The Surgeon General may recommend for original appointment in the Reserve Corps candidates who have specialized training or experience in administration and management relating to the functions of the Service. All such candidates shall be subject to the same eligibility requirements for original appointment as are applicable to other candidates, except that such a candidate may substitute experience in administration or management for the requirement of professional training or experience. § 21.52 Waiver of entrance qualifications for original appointment in time of war or national emergency. If, in time of war or national emergency proclaimed by the President, the Administrator determines that there is need for commissioned personnel to meet the needs of the Service, other than persons eligible for examination for original appointment under the eligibility requirements prescribed in this subpart, he may prescribe standards of eligibility for examination for the original appointment of officers in the Reserve Corps without regard to such eligibility requirements. Such standards shall, however, authorize the examination only of candidates with specialized experience in administration or management or candidates with training or experience in fields relating to public health. The permanent grade of an officer who becomes eligible for appointment after passage of an examination shall be limited to the junior assistant or the assistant grade, except that, if upon examination a candidate is found to be exceptionally qualified for the performance of highly specialized duties with the Service pursuant to § 21.55, he may be recommended for appointment to any grade up to and including the director grade. Any appointment made pursuant to this section shall be terminated not later than 6 months following the termination of the war or the national emergency proclaimed by the President. § 21.53 Examination. The examination of candidates for original appointment as officers to any grade in the Reserve Corps shall consist of a review and evaluation of their academic and other education and their training and experience. In the discretion of the Surgeon General the examination of any such candidate may include an oral interview, a written examination, or both. § 21.54 Students. A potential candidate for appointment in the Regular Corps who is pursuing a course of instruction which, upon completion, would qualify him under §§ 21.25 or 21.26 for examination for appointment in the junior assistant or assistant grade may be examined for an appointed in the Reserve Corps in the junior assistant grade but shall not be called to extended-0active duty until the successful completion of such course of instruction, except that he may be called to active duty for purposes of training for periods not to exceed 120 days during any fiscal year. § 21.55 Appointment to higher grades; candidates exceptionally qualified in specialized fields. Any candidate eligible for examination for appointment in the grade of assistant pursuant to § 21.26 who, upon examination for such purpose, is found exceptionally qualified for the performance of duties requiring highly specialized training or experience may be recommended for appointment in the Reserve Corps in any grade up to and including the director grade without regard to the additional years of postgraduate training or experience prescribed for grades above the assistant grade. § 21.56 Reappointment. An officer of the Reserve Corps, after being examined and found qualified for reappointment, may be recommended for a reappointment to the same grade in the event that his commission expires before he becomes eligible for reappointment to a higher grade, or may be recommended for reappointment to a higher grade to be effective on or after the date on which he meets the qualifications prescribed in this subpart for original appointment to such higher grade. § 21.57 Examination for reappointment. The examination of an officer of the Reserve Corps on active duty who is being considered for reappointment in such corps shall consist of a review and evaluation of his record with the Service. The examination of an officer of the Reserve Corps on inactive duty who is being considered for reappointment in such corps shall consist of (a) a review and evaluation of his record with the Service while on active duty, if any, and (b) the record of his training or experience during the period of his inactive duty preceding such examination. In the discretion of the Surgeon General the examination for reappointment of an officer, whether on active or inactive duty, may include an oral interview. § 21.58 Physical examination for reappointment. Every officer of the Reserve Corps being considered for reappointment shall undergo such physical examination as the Surgeon General may direct. An officer on active duty may be recommended for reappointment unless he is found to have a physical disability which, if it were incurred in line of duty in time of war, would make him eligible for retirement. Except as otherwise provided in § 21.59, an officer not on active duty may be recommended for promotion only if he meets the physical qualifications for original appointment. If an officer is not available to be physically examined because of circumstances which make it impracticable for the Service to require such examination, he may, in the discretion of the Surgeon General, be reappointed without such examination , but shall be examined as soon thereafter as practicable and his physical qualification or disqualification for continued or future active service shall be determined on the same basis as if the physical examination had been given prior to reappointment. § 21.59 Reappointment of officers who are or have been in a retired status. An officer of the Reserve Corps who has been retired for disability shall, upon a finding that he has recovered from his disability, be recommended for reappointment to the grade held by him at the time of his retirement without further physical or other examination. An officer of the Reserve Corps not on active duty who has been retired for disability, who has been found to have recovered from such disability, and who has not served on active duty since the termination of his retired status may, upon the expiration of the commission issued to him upon the termination of his retired status, be recommended for reappointment without a physical examination, but such reappointment shall be made only to the grade held by him prior to his reappointment. The provisions of this section shall not, however, preclude an officer from being reappointed to a higher grade pursuant to § 21.56, if he passes the physical examination required by § 21.58 in advance of such reappointment. SUBPART D-INCREASED PAY AND ALLOWANCES § 21.61 Duty requiring intimate contact with leprosy patients; additional pay. (a) Every officer who is assigned to full-time duty at a station of the Service devoted exclusively to the care of leprosy patients and who is engaged as a physician, dentist, nurse, dietitian, dispensing pharmacist, technician, or otherwise in the diagnosis or treatment of the diseases of such patients shall receive while so assigned, in addition to the pay and allowances of his grade, a sum equal to 50 per centum of the pay of his grade. (b) Every officer who is assigned to full-time duty at a station of the Service devoted exclusively to the care of leprosy patients and who is not entitled to the additional payment of 50 per centum under paragraph (a) of this section shall receive while so assigned, in addition to the pay and allowances of his grade, a sum equal to 25 per centum of the pay of his grade (Sec. 209(g), 58 Stat. 687; 42 U.S.C. 210(g)). SUBPART E-ALLOTMENTS § 21.71 Generally. An officer on active duty may be permitted to allot a part of all of his monthly pay and allowances for the payment of insurance premiums, the purchase of securities of the Federal Government, or for other proper purposes approved by the Surgeon General: Provided, That no officer, without the approval of the Surgeon General, may have in force more than two allotments at one time, exclusive of allotments for insurance premiums. (Sec. 209(c), 58 Stat. 686; 42 U.S.C. 210(c)) § 21.72 On active duty or traveling outside continental United States. An officer on active duty whose permanent or temporary post of duty is outside the continental United States or in Alaska or who, while stationed in the United States, is traveling on official business outside the continental United States or in Alaska, may be permitted to allot, in addition to allotments for the purposes as indicated in § 21.71, a part or all of his monthly pay and allowances for the support of his family or dependents, except that no officer, without the approval of the Surgeon General, may have in force more than two allotments at one time, exclusive of allotments for insurance premiums. (Sec. 209(c), 58 Stat. 686; 42 U.S.C. 210(c)) SUBPART F-LEAVE AUTHORITY: §§ 21.81 TO 21.95, inclusive issued under secs. 209(C), 215, 58 Stat. 686, 690; 42 U.S.C. 210(c), 216, except as noted following provisions affected. DEFINITIONS § 21.81 Meaning of terms. For the purpose of computing and granting leave pursuant to this subpart: (a) A "year" or "leave year" means the period beginning July 1 of any calendar year and ending June 30 of the succeeding calendar year. (b) "Annual leave" means any period of one work day or more during which an officer is relieved from his scheduled working hours, other than for sick leave, and all non-work days within such period. (c) A "work day" means a day on which an officer is scheduled to perform more than brief periods of work, including a day when an officer is scheduled to serve as officer of the day, to be on call, or to perform official travel. (d) A "non-work day" means a day designated by an officer in charge on which an officer has no scheduled working hours, including a day on which an officer is ordinarily scheduled to perform only brief periods of work, such as ward rounds in a hospital. (e) "Off-work hours" means the period between the normal completion and commencement of scheduled working hours on two consecutive work days. (f) "Station leave" means authorized absence from duty and station on non-work days, off-work hours, or for a period of less than one work day. (g) "Sick leave" means any period of one day or more with respect to which an officer is excused from duty because of sickness, disability, or need of medical services. Leave With Pay § 21.84 Accrual and accumulation of annual leave. An officer shall accrue annual leave at the rate of 30 days for each full year of active service with the Service, and for any portion of a year at the rate of one day for each 12 consecutive days of such service. Annual leave accrued during a leave year, but unused at the end of such year, shall be carried forward as accumulated leave for use in succeeding leave years, except that accumulated leave credited to an officer at the beginning of a new leave year in excess of 60 days shall be canceled: Provided, however, That accumulated annual leave credited to an officer on July 1, 1948, in excess of 60 days but not exceeding 120 days shall be carried forward in succeeding leave years until used, commuted, or compensated. Annual leave taken during a leave year shall be charged first against the leave accrued or to accrue during that year. No annual leave shall accrue (a) during any period of such leave immediately preceding the termination or inactivation of a commission, or retirement, (b) during any period in which an officer is placed on leave without pay while detailed pursuant to section 214(b) or 214(c) of the act, or (c) during any period of absence without leave. § 21.85 Carrying over accrued and accumulated annual leave during continued service. Annual leave accrued and accumulated but not taken shall not survive the expiration, termination, or inactivation of a commission, or retirement, except that such accrued and accumulated leave shall remain available (a) to an officer whose commission expires or is terminated but who, without a break in active service, accepts a new commission, and (b) to an officer who is retired for age in time of war but who is continued on or recalled to active duty without a break in active service. § 21.86 Granting of annual leave. Within the limitations prescribed in §§ 21.84 and 21.85, annual leave with pay may be granted, upon application, by the Surgeon General at such time or times and for such periods as are approved by him. Annual leave not exceeding 30 days may be granted as provided herein as an advance of leave not yet accrued or accumulated. A period of absence from duty shall be considered as annual leave only if authorized in advance or if the absence and the reasons therefor are reported as promptly as circumstances permit and the absence is excused by the Surgeon General. § 21.87 Computation of annual leave. The number of days of annual leave taken shall be computed by counting each work day during the period of leave and all non-work days within such period, but excluding any period of station leave immediately preceding or immediately following such leave, except that in the case of annual leave taken immediately preceding the expiration, termination, or inactivation of a commission, or retirement, each day, following the day on which an officer is released from his assigned station, shall be counted as a day of leave. § 21.88 Station leave. During off-work hours and on non-work days, during which an officer has no scheduled working hours he shall be entitled to station leave unless the officer in charge otherwise directs. If an officer desires to take station leave for a period of less than one work day or on a non-work day during which he is scheduled to perform only a brief period o work, he must obtain the oral permission of the officer in charge. Station leave shall not be charged as annual leave. § 21.89 Reporting of absence; granting of sick leave. Absence from duty with pay because of sickness, disability, or need of medical services shall be reported immediately, and sick leave may be granted therefore. Every such absence in excess of 3 days shall be supported by a medical certificate which shall be furnished to the officer responsible for granting such leave promptly upon the termination of such absence, and which shall state the nature of the sickness, disability, or need of medical services. A medical certificate also shall be furnished promptly to the Surgeon General at the end of each period of 30 days of continuous absence. Sick leave may be granted by the Surgeon General to the extent that circumstances justify, but it shall not be granted in advance. § 21.90 Prolonged or frequent absence due to sickness or disability; review of status. Absence from duty due to sickness or disability for a period of more than 90 consecutive days or for an aggregate of more than 120 days in any one calendar year shall be reported to the Surgeon General, who: (a) In the case of an officer of the Regular Corps, or of an officer of the Reserve Corps who may be entitled to retirement pay for disability pursuant to section 211(a) of the act, shall appoint a board to consider whether such officer should be retired; or (b) In the case of an officer of the Reserve Corps who is not entitled to retirement pay for disability pursuant to section 211(a) of the act, shall determine whether such officer should be continued in an active duty status. § 21.91 Reporting of whereabouts during annual, sick, or station leave. During a period of annual, sick, or station leave an officer shall be considered to be in an active duty status and shall be subject to all regulations governing commissioned officers, including those relating to discipline. During all such periods of leave, an officer shall keep the officer in charge informed as to the place or places at which he may be located and shall be subject to recall to duty at any time. Leave Without Pay While on Detail § 21.95 Leave without pay while on detail. The Surgeon General, with the approval of the Administrator, may place an officer on leave without pay while detailed pursuant to section 214(b) or 214(c) of the act for such period as may be agreed upon by the Surgeon General and the officer. (Sec. 214(d), 58 Stat. 690; 42 U.S.C. 215(d)) SUBPART G-PROMOTION AUTHORITY: § 21.101 and §§ 21.112 to 21.142, inclusive, issued under secs. 215 210, 58 Stat. 690, 687, as amended by sec. 6(a), Pub Law 6425, 80th Cong., 62 Stat. 42; 42 U.S.C. 216, 211. Definitions § 21.101 Meaning of terms. For purposes of this subpart: (a) A "service promotion" means a permanent promotion, other than to a restricted grade, (1) to the assistant grade upon meeting the requirements for original appointment to such grade, (2) to the senior assistant, full, or senior grade upon completion of three, ten, or seventeen years of service, respectively, in and above the assistant grade, or (3) to such grades because of having seniority over an officer who receives such a promotion. (b) An "accelerated promotion" means a permanent promotion to the senior assistant, full, or senior grade, other than to a restricted grade, prior to the date on which an officer would be entitled to a service promotion. (c) A "selected promotion" means a permanent promotion to a restricted grade or to the director grade. (d) A "temporary promotion" means a promotion which may be terminated at any time, as may be directed by the President. (d) A "graded position" means a position which the Surgeon General has designated as requiring the services of an officer of a certain grade. (f) A "restricted grade" means the senior grade or both the full and senior grade in a professional category to which promotions shall be made only if vacancies exist in such grade or grades. (g) A "seniority list" means a list for each grade of each category in the Regular Corps which shall include the names of all officers of that grade and category in the order of their seniority in grade and relative standing for purposes of examination for promotion. (h) A "promotion register" means a list for each grade of each category in the Regular Corps which shall include the names of all officers of that grade and category who have passed examinations for permanent promotion to the next higher grade. (i) A "category" or "professional category" means one of the categories into which the Regular Corps is divided for the purpose of establishing eligibility for promotion pursuant to section 209(a) of the act. Provisions Applicable Only to Regular Corps § 21.112 Establishment of seniority lists. There shall be established for each grade of each category in the Regular Corps a seniority list which shall include the names of those officers of the Regular Corps on active duty, holding permanent commissions in such grade and assigned to such category. The names of officers on each seniority list shall be arranged in the order of their seniority pursuant to section 210(j) of the act and this subpart. § 21.113 Seniority in grade; junior assistant grade. The order of seniority of officers of the Regular Corps on each seniority list for the junior assistant grade shall be established n accordance with the length of time each officer must serve before becoming eligible for promotion to the assistant grade. An officer having a longer period of time to serve before becoming eligible for promotion shall assume seniority over an officer having a longer period of time to serve before becoming eligible for promotion. § 21.114 Officers of the Regular Corps entitled to the same seniority in grade. (a) Except as provided in paragraph (b) of this section, if two or more officers of the Regular Corps on the same seniority list are entitled to the same seniority, their relative standing on such list shall be determined as follows: (1) An officer already in a grade shall have relative standing over an officer originally appointed to the grade. (2) If two or more officers are originally appointed to the same grade on the same day, they shall have relative standing in accordance with their numerical scores on the examinations for appointment. If their numerical scores are the same, the elder officer shall have relative standing over the younger officer. (3) If an officer is originally appointed on the same day that another officer is promoted to the same grade, the officer promoted to the grade shall have relative standing over the officer appointed to the grade. (b) If two or more officers in the Regular Corps on February 28, 1948, have the same seniority as determined pursuant to section 6(D) or (e) of Public Law 425, 80th Congress, their relative standing shall remain the same as it was on the lineal list in effect on such date. § 21.115 Restricted grades. Officers of the Regular Corps in the nurse, dietitian, and therapist categories shall be permanently promoted to the full and senior grades only if vacancies exist in such grades. Officers of the Regular Corps in the pharmacist and sanitarian categories shall be permanently promoted to the senior grade only if vacancies exist in such grade. § 21.116 Promotion to assistant grade. Each officer of the Regular Corps in the junior assistant grade, who is examined and found qualified for promotion, shall be eligible for a service promotion to the assistant grade on the first day of the month following the date on which he meets the qualifications prescribed for original appointment to the assistant grade, regardless of length of service in the junior assistant grade, or, in the case of an officer in the Regular Corps on February 28, 1948, on such date as his promotion credit in such grade equals four years, whichever date is the earlier. § 21.117 Annual promotion boards; appointment of; powers and duties. At least once each calendar year on a date to be selected by him, the Surgeon General shall appoint one or more annual promotion boards for each professional category into which the Regular Corps is divided for purposes of promotion to consider the qualifications of officers of the Regular Corps for permanent promotions and may appoint such subboards as are necessary to asst the boards. Such boards and subboards shall consist of three or more officers the majority of whom, so far as practicable, shall be of the same profession as the officers to be considered for promotion. The Surgeon General shall prescribe the duties and procedures of boards and subboards in relation to the examination process not otherwise prescribed in this subpart. § 21.118 Officers to be considered for promotion. The Surgeon General shall submit to the appropriate annual promotion board for consideration for promotion the names of those officers of the Regular Corps who will become eligible for service promotions during such ensuing period of one year or less as he may prescribe and the names of a sufficient number of officers of the Regular Corps to meet the estimated needs of the Service for accelerated or selected promotions during the same period. The number of names referred to a board for consideration for accelerated or selected promotions shall be based (a) upon the number of vacancies in each particular grade existing or anticipated within such period, (b) the number of such vacancies which the Surgeon General determines to fill by means of such promotions, and (c) a determination as to whether the examination for promotion to the full grade or above shall be competitive or non-competitive. § 21.119 Disqualification of a member of a promotion board. No member of a promotion board shall participate in the second of the first two consecutive considerations of an officer for promotion to the same grade when the member served as a member of a promotion board which failed to select such officer for promotion on the first of such two consecutive considerations. § 21.120 Physical examination. Every officer of the Regular Corps being considered for a permanent promotion shall undergo such physical examination as the Surgeon General may direct. An officer shall be recommended for promotion unless he is found to have a physical disability which, if incurred in line of duty, would make him eligible for retirement. If an officer is not available to be physically examined because of circumstances which would make it impracticable for the Service to require such examination, he may be recommended for promotion without taking such examination, but shall be examined as soon thereafter as practicable. § 21.121 Examination; promotion to the assistant and senior assistant grades. The examination for permanent promotion to the assistant and senior assistant grades in the Regular Corps shall consist of (a) a written professional examination in such subjects as are prescribed by the Surgeon General relating to the officer's profession the various activities of the Service, and the Service laws and regulations, and (b) a review and evaluation of the officer's record with the Service, and (c), in the discretion of the Surgeon General, an oral interview to determine the officer's fitness for promotion. If, however, an officer who is to be considered for promotion to the assistant or senior assistant grade is not available to take the written professional examination because of circumstances which make it impracticable for the Service to administer such examination, his examination may, in the discretion of the Surgeon General, consist of a review and evaluation of his record with the Service. § 21.122 Examination for promotion to the full grade and above. The examination for permanent promotion to the full, senior, or director grade in the Regular Corps shall consist of a review and evaluation of an officer's record with the Service, and may, in the discretion of the Surgeon General, include an oral interview, a written or oral professional examination, or both. § 21.123 Rating values. The examination of every officer for permanent promotion to any grade in the Regular Corps shall be rated, except as provided in § 21.124 by a promotion board in accordance with relative values prescribed by the Surgeon General for each part of the examination. § 21.124 Competitive examination for selected promotions. If the Surgeon General prescribes that an examination for selected promotions shall be competitive, he may require that the board considering officers for such promotions shall recommend for promotion, out of the number of officers examined, only those officers who possess such special qualifications as he may prescribe, in which event the board shall rate only those officers who possess such qualifications. § 21.125 Use of ratings in determining eligibility for promotion. Every officer who receives a rating of 80 or above on a non-competitive examination shall be considered as having passed the examination. Every officer who receives a rating of 80 or above on a competitive examination and who, on the basis of his rating, falls within the number of officers to be selected for promotion, as prescribed by the Surgeon General pursuant to section 210(c) of the act, shall be considered as having passed the examination. § 21.126 Establishment of promotion registers. There shall be established for each grade of each category in the Regular Corps a promotion register which shall include the names of those officers of the Regular Corps who have passed examinations for permanent promotion to the next higher grade in the category to which assigned. The names of officers when originally entered on a promotion register shall be arranged in the order of their relative standing on their seniority list but next below the names of all officers already on such register. If an officer is not promoted within two years from the date his name is placed on a promotion register, he shall be reexamined for promotion. If he passes the examination, he shall retain his standing on the register, and if he fails to pass the examination, his name shall be removed from the register. § 21.127 Recommendation for promotion. Officers will be recommended to the President for promotion in the order of their standing on a promotion register, and no officer will be recommended ahead of any officer senior to him on such register, except that if an officer on a promotion register becomes eligible for a serve promotion pursuant to section 210(f) of the act, he shall be recommended for promotion ahead of officers above him on such register but junior to him on the seniority list. When an officer is promoted, his name shall be removed from the promotion register of the grade from which promoted. § 21.128 Graded positions. After considering the relative importance of the duties and responsibilities of a position in relation to the duties and responsibilities of other positions occupied by commissioned officers, the Surgeon General may determine that such position requires the services of an officer of a certain grade and may designate such position as a graded position. § 21.129 Selection of officers for assignment to graded positions. The Surgeon General may select an officer of the Regular Corps to be assigned to a graded position without regard to seniority or grade. Selection for such an assignment shall, however, be based upon a consideration of the qualifications of an officer for such assignment and his ability to perform the duties and responsibilities of the position as demonstrated by his training, experience, and record with the Service. § 21.130 Temporary promotion upon assignment to a graded position. If an officer of the Regular Corps is assigned to a graded position pursuant to § 21.129, if his current permanent or temporary grade is lower than the grade designated for such position, and if there is a vacancy in such grade and in the category of the officer so assigned, the officer shall be recommended to the President for a temporary promotion to such grade. § 21.131 Limitations on temporary promotions. Except as otherwise provided in § 21.132, officers of the Regular Corps shall be recommended to the President for temporary promotions only as provided in § 21.130. Upon a subsequent assignment by the Surgeon General to a non-graded position, an officer shall revert to his permanent grade. Upon a subsequent assignment by the Surgeon General to a graded position designated as requiring a lower grade, an officer shall revert to his permanent grade but shall be eligible for a new temporary promotion pursuant to § 21.130. § 21.132 Temporary promotions in time of war or national emergency. In time of war or national emergency proclaimed by the President, the Surgeon General may recommend to the President for temporary promotions officers of the Regular Corps, in addition to officers assigned to graded positions. Selection for such a temporary promotion shall be based upon a consideration of the qualifications of an officer for promotion and his ability to perform the duties and rsponsibilit8ies of the higher grade as demonstrated by his training, experience, and record with the Service. If a temporary promotion is other than upon assignment to a graded position, it may be terminated by the Administrator at any time. § 21.133 Effect of disciplinary action. Nothing contained in this subpart shall be construed to authorize the promotion of an officer of the Regular Corps if such promotion would be inconsistent with action taken pursuant to the regulations on discipline to reduce the grade, promotion credit, or seniority of such officer. Provisions Applicable Only to Reserve Corps § 21.141 Dividing Reserve Corps into professional categories. Whenever the number of officers of the Regular Corps on active duty, plus the number of officers of the Reserve Corps who have been on active duty for thirty days or more, exceeds the authorized strength of the Regular Corps, the Surgeon General shall, for the purpose of establishing eligibility of officers of the Reserve Corps for temporary promotions, divide the Reserve Corps into professional categories which shall, to the greatest extent practicable, be the same as the categories into which the Regular Corps is divided pursuant to section 209(a) of the act. The Surgeon General shall thereupon assign each officer of the Reserve Corps, on the basis of his training and experience, to one of such categories. § 21.142 Temporary promotions; Reserve Corps. Under the same conditions and subject to the same limitations as are applicable to an officer of the Regular Corps, an officer of the Reserve Corps may be selected for assignment to a graded position, and, if selected and if a vacancy exists among numbers in grade established by the Administrator pursuant to section 210(1) of the act in the higher grade and in the category of the officer so assigned, he shall be recommended for a temporary promotion to such grade. To the extent that vacancies exist in each grade of each category among numbers in grade established by the Administrator pursuant to section 210(1) of the act, officers of the Reserve Corps, in addition to officers assigned to graded positions, may be recommended for temporary promotions. In time of war or national emergency proclaimed by the President, officers of the Reserve Corps may be recommended for temporary promotions under the same conditions and procedures as are applicable to officers of the Regular Corps. Any promotion made pursuant to this section may be terminated by the Administrator at any time. SUBPART H-SEPARATION OF CERTAIN OFFICERS AUTHORITY: §§ 21.151 TO 21.154, inclusive, issued under sec. 215, 58 Stat. 690; 42 U.S.C. 216. Additional authority is noted in parentheses following sections affected. § 21.151 Separation of officers of Regular Corps originally appointed in or above the senior assistant grade. As soon as practicable after the conclusion of the first three years of service of an officer of the Regular Corps originally appointed in or above the grade of senior assistant, the record of such officer shall be reviewed by a board appointed by the Surgeon General composed of three or more commissioned officers of the Regular Corps, the majority of whom, so far as practicable, shall be of the same professional category as the officer whose record is under review. If the board finds such officer not fully qualified for further service and if such finding is approved by the Surgeon General and the Administrator, such officer shall be separated from the Service. (Sec. 210(b), 58 Stat. 687, as amended by sec. 6(a), Pub. Law 425, 80th Cong., 62 Stat. 42; 42 U.S.C. 211(b)) § 21.152 Separation of officers because of pregnancy. An officer who becomes pregnant shall be placed on annual leave upon her own application or at such time as the Surgeon General may determine to be in the interest of the Service, but not later than the end of the sixth month of pregnancy. After the expiration of such leave, an officer who has had not less than 10 months continuous active service immediately prior to such expiration shall, upon application, be granted 90 days of sick leave. If after the expiration of annual and sick leave, if any, the officer has not requested to be returned to duty and has not presented evidence to the Surgeon General that she is physically qualified for duty, the officer, if a member of the Reserve Corps, shall be placed on inactive duty, or, if a member of the Regular Corps, her commission shall be terminated. After being placed on annual leave pursuant to this section, no officer shall be granted sick leave, other than the 90 days of sick leave hereinabove authorized, because of sickness, disability, or need of medical services incident to pregnancy or puerperium. An officer of the Regular Corps whose commission has been terminated pursuant to this section may apply for reappointment pursuant to § 21.48. § 21.153 Separation of officers of the Regular Corps for physical reasons under certain circumstances. If a medical review board, after considering the case of an officer referred to it pursuant to § 21.161, finds (a) that an officer of the Regular Corps has a physical disability which precludes the useful and efficient performance of his duties but that such disability was not incurred in line of duty pursuant to § 21.171(e), or (b) that an officer of the Regular Corps who is physically examined within 15 days from the date of his original appointment pursuant to § 21.32, fails to meet the physical qualifications required for original appointment because of a condition which existed prior to his appointment, it shall report such facts to the Surgeon General. If such report is approved by the Surgeon General and the Administrator, the commission of the officer concerned shall be terminated. § 21.154 Separation of officers of the Regular Corps for refusal to undergo examination under certain circumstances. If the Surgeon General finds (a) that an officer of the Regular Corps eligible to take an examination for promotion refuses, without good cause, to take such examination, including the physical examination, or (b) that an officer of the Regular Corps whose retirement for physical disability is being considered by a medical review board appointed pursuant to § 21.161 has failed, without good cause, to supply any information or undergo any examination required by such board pursuant to § 21.162, he shall refer the case of such officer to a board of investigation appointed pursuant to § 21.283 for the purpose of determining whether the commission of such officer should be terminated. If the board recommends that the commission of such officer be terminated, and if such recommendation is approved by the Surgeon General and the Administrator, the commission of the officer concerned shall be terminated. (Sec. 6(a), Pub. Law 425. 80th Cong., 62 Stat. 42) SUBPART I - MEDICAL REVIEW BOARD AUTHORITY: §§ 21.161 TO 21.163, INCLUSIVE, ISSUED UNDER SEC. 215, 58 Stat. 690; 42 U.S.C. 216. § 21.161 Medical review board. The Surgeon General shall appoint one or more medical review boards and may appoint such subboards as are necessary to assist the boards. Such boards and subboards shall consist of three or more medical officers and may include one or more dental officers. The Surgeon General shall refer to a medical review board the case of any officer who may be entitled to retirement for physical disability, the case of any officer who has been retired for physical disability but who may have recovered from such disability, and the case of any officer who after his appointment in the Regular Corps or call to active duty in the Reserve Corps is required pursuant to § 21.32 to undergo a physical examination the results of which indicate a possible physical disqualification for further service. In addition, he may refer to such board the case of any candidate being considered for original appointment to either the Regular or the Reserve Corps, the case of any officer of the Reserve Corps being considered for reappointment, call to active duty, or continued active duty, the case of any officer of the Reserve Corps who having been reappointed without taking a physical examination is subsequently physically examined pursuant to § 21.58, and the case of any officer of the Regular Corps being considered for permanent promotion, in which questions exist concerning the physical qualification of such candidate or officer for appointment, reappointment, call to active duty, continued active duty, or promotion. § 21.162 Powers and duties of medical review boards. A board or subboard may require an officer whose case has been referred to it to undergo such further physical examination as it may direct and to appear before the board and answer any question or produce any document in his possession pertinent to his health history or his activities at the time when the alleged disability arose or was aggravated. Upon the conclusion of its examination and deliberation, the board shall report its findings and recommendations to the Surgeon General. § 21. 163 Action by the Surgeon General. Upon receipt of a report from a medical review board the Surgeon General may return the report to the board for further investigation and recommendations, or may dissolve the board and appoint a new board to complete the investigation or to reinvestigate the case. Upon receipt of a final report from a medical review board the Surgeon General shall consider such report in determining the action to be taken. SUBPART J--RETIREMENT AUTHORITY: §§ 21.171 TO 21.191, INCLUSIVE, ISSUED UNDER SECS. 215, 211, 58 Stat. 690, 688, as amended by sec. 7, Pub. Law 425, 80th Cong., 62 Stat. 47; 42 U.S.C. 216, 212 For Disability § 21.171 Meaning of terms. For purposes of physical disability retirement, the term: (a) "Retirement" means the retirement of an officer with retired pay for a service-connected or a service-aggravated total disability. (b) "Service-connected disability" means, in the case of an officer of the Regular Corps, a disability from disease or injury incurred in line of duty, and, in the case of an officer of the Reserve Corps, a disability from a disease or injury incurred in the line of duty in time of war. (c) "Service-aggravated disability" means, in the case of an officer of the Regular Corps, a disability from a pre-existing disease or injury aggravated in line of duty, and, in the case of an officer of the Reserve Corps, a disability from a pre-existing disease or injury aggravated in line of duty in time of war. (d) "Total disability" means a service-connected or service aggravated disability which has continued for 90 days and which totally disables an officer for the useful and efficient performance of the duties of his grade. (e) "Disability not incurred in line of duty" includes a disability resulting proximately from an act or omission in violation of either a statute or regulation specifically applicable to the conduct of an officer, a disability proximately resulting from the private practice of an officer's profession, or a disability proximately resulting from an act or omission which in itself is immoral, including disability proximately resulting from intentional self-inflicted injury. (f) "Recovery" means such recovery by a retired officer from his disability that he no longer has a total disability. § 21.172 Generally. An officer shall, subject to the provisions of this part, be retired during the effective period of his commission, for a service-connected or a service-aggravated total disability. § 21.173 Effective date. The retirement of an officer shall be effective on the first day of the month following the expiration of his accumulated annual leave. The number of days of annual leave to be given to an officer prior to his retirement shall be the number of days of such leave accumulated as of the date of the approval by the Administrator of a finding that the officer should be retired pursuant to this subpart. An officer shall be placed on annual leave prior to retirement on such day as will cause his annual leave to expire on the last day of a month. § 21.174 Termination of reserve commission. If an officer of the Reserve Corps is retired for disability, his commission shall be terminated on the effective date of his retirement. § 21.175 Duration. Retired pay shall continue for life or until the recovery of the officer from his disability. § 21.176 Termination; Regular Corps; recall to active duty. If an officer of the Regular Corps retired for disability is found to have recovered from his disability, he shall be recalled to active duty. § 21.177 Termination; Reserve Corps-(a) Termination of retired pay. If an officer of the Reserve Corps retired for disability is found to have recovered from his disability, his retired pay shall terminate upon the date on which the Surgeon General approves a finding that he has recovered. (b) Recall to active duty. An officer of the Reserve Corps who has been retired for disability and whose retired status has been terminated pursuant to paragraph (a) of this section may be called to active duty only in the event that he is found to meet the physical qualifications required for original appointment, except that a physical defect relating to the disability for which he was retired may be waived. § 21.178 Retired officer; review of disability. An officer retired for disability shall, from time to time, undergo such review of his disability as the Surgeon General may direct. No officer retired for disability shall be required to submit to a physical examination or otherwise be required to undergo a review of his disability after attaining the age of 64 years or after the date on which he would have completed 30 years of service for purposes of retirement had he remained on active duty. § 21.179 Relapse after recovery; Reserve Corps. If an officer of the Reserve Corps who has been retired for disability and whose retired status has been terminated pursuant to § 21.177 shall again become totally disabled and if his relapse is not due to any new intervening cause, he shall again become entitled to retired pay. § 21.180 Report by medical review board. If the report of a medical review board which has considered the case of an officer for retirement recommends that such officer be retired, and if such report is approved by the Surgeon General and the Administrator, the officer shall be retired. If the report of a medical review board which has considered the case of a retired officer for the termination of his retired status recommends that the retired status of such officer be terminated, and if such report is approved by the Surgeon General, the retired status of the officer shall be terminated. § 21.183 Failure to undergo examination or supply information. If the Surgeon General finds that an officer whose retirement or the termination of whose retired pay is being considered by a medical review board has willfully failed to supply any information or to undergo any examination required by such board pursuant to this subpart, he may deny such officer retired pay and shall suspend or terminate his retired pay pursuant to section 211(h) of the act. § 21.182 Presumptions. The following presumptions shall be applicable with respect to disability; and they shall be overcome only by a preponderance of the evidence: (a) Good health. After an officer who is appointed in the Regular Corps or who is called to active duty in the Reserve Corps has complied with the requirements of § 21.32 and has been found to be physically qualified, he shall be presumed to be free from all disease or injury not noted in the record of his physical condition at the time of such compliance. (b) Presumption of service-connection of disability-(1) Regular Corps. A disability which is incurred in line of duty by an officer of the Regular Corps from a disease or injury not noted in the record of his physical condition pursuant to paragraph (a) of this section and which manifests itself while the officer is on active duty shall be presumed to be a service-connected disability. (2) Reserve Corps. A disability which is incurred in line of duty by an officer of the Reserve Corps from a disease or injury not noted in the record of his physical condition pursuant to paragraph (a) of this section at the beginning of a tour of active duty and which manifests itself while the officer is still on active duty in time of war shall be presumed to be a service-connected disability. It shall be presumed that any such disability which manifests itself within 60 days of the last active service in time of war of an officer of the Reserve Corps is not a service-connected disability. (c) Presumption of service-aggravation of disability-(1) Regular Corps. A disability which is incurred in line of duty by an officer of the Regular Corps and which is found to have resulted from an aggravation of a disease or injury noted in the record of his physical condition pursuant to paragraph (a) of this section during the active service of such officer shall be presumed to be a service-aggravated disability. (2) Reserve Corps. A disability which is incurred in line of duty by an officer of the Reserve Corps, which is found to have resulted from an aggravation during the active service of such officer of a disease or injury noted in the record of his physical condition pursuant to paragraph (a) of this section at the beginning of a tour of active duty and which manifests itself while he is still on active duty in time of war shall be presumed to be a service-aggravated disability. It shall be presumed that any such disability which manifests itself within 60 days of the last active service in time of war of an officer of the Reserve Corps is a service-aggravated disability. It shall be presumed that any such disability which does not manifest itself within 60 days of the last active service in time of war of an officer of the Reserve Corps is not a service-aggravated disability. § 21.183 Transmission of information to certain agencies. The Surgeon General shall forward to the Veterans Administration or to the Bureau of Employees' Compensation, Federal Security Agency, upon request, any record or document or a copy or abstract thereof obtained in a proceeding pursuant to §§ 21.171 to 21.182. After Thirty Years of Service § 21.184 Retirement of officers in the senior grade. Each officer of the Regular Corps in the senior grade, other than an officer in a restricted grade, who has completed 30 years of service for purposes of retirement and who does not request in writing prior to completion of such service that he be retired within 6 months after completion of such service, shall be retired by the Administrator not later than 6 months after completion of such service. § 21.185 Retirement boards; appointment of. The Surgeon General shall from time to time appoint retirement boards which shall consist of five or more officers, the majority of whom shall, insofar as practicable, be of the same professional category as the officer being considered for retirement. § 21.186 Referral of records to retirement boards. If an officer of the Regular Corps who is in the director grade, other than an officer during the period of his assignment in the grade of Assistant Surgeon General or above, or who is in the senior grade in a restricted grade, does not request in writing prior to completion of 30 years of service for purposes of retirement that he be retired within 6 months after completion of such service, the Surgeon General shall refer his record, including the record of his physical condition, to an appropriate retirement board which shall review such record to determine his qualifications for continued active service. § 21.187 Powers and duties of retirement boards. A retirement board shall consider the record referred to it by the Surgeon General, and in addition may require for its consideration an oral or written statement from any officer, including the officer concerned, which it believes to be pertinent to an evaluation of the qualifications of such officer for continued active service. The recommendation of a majority of the members of a board shall be reported to the Surgeon General as the recommendation of the board. § 21.188 Subsequent review of record. If an officer of the Regular Corps is not retired as a result of a review of his record and if he is not subsequently retired for any other reason, the Surgeon General may again refer his record to a retirement board for review at any time, and shall refer his record to a retirement board for review within 3 months after a date which is 2 years subsequent to the date on which the record of such officer was last reviewed by a retirement board. Each review of his record shall be conducted as prescribed in § 21.187. § 21.189 Prescription of numbers for retirement. The Surgeon General may from time to time refer to appropriate retirement boards the records of all officers of the Regular Corps in a professional category, other than the record of an officer during the period of his assignment in the grade of Assistant Surgeon General or above, who have completed 30 or more years of service for purposes of retirement and who have not been retired, and may prescribe that, out of the number of such officers, a specified number of them shall be recommended for retirement. § 21.190 Action by the Surgeon General and the Administrator. If a retirement board finds that an officer should be retired and if such finding is approved by the Surgeon General and the Administrator, the officer concerned shall be retired and his retirement shall be effectuated as prescribed in § 21.173. For Length of Service or for Age § 21.191 Recall to active duty in time of war. In time of war the Surgeon General may order any commissioned officer of the Regular Corps retired for age or retired after the completion of 30 years of service to present himself for such physical examination as the Surgeon General may direct, and may order to active duty any such officer found physically capable of performing the duties to which he may be assigned, except that the tour of duty of any officer so recalled shall not extend beyond the last day of the sixth month following the termination of the state of war. SUBPART K-TRAINING AUTHORITY: §§ 21.201 TO 21.204, inclusive, issued under sec. 8, Pub. Law 425, 80th Cong., 62 Stat. 47 § 21.201 Definition. The term "approved educational institution" as used in this subpart means an educational institution which has been accredited or approved by a professional body or bodies acceptable to the Surgeon General for such purpose, or which, in the absence of such a body, meets generally accepted professional standards as determined by the Surgeon General. § 21.202 Assignment of officers to educational institutions for training. After considering the needs of the Service for officers with knowledge, skill, and experience in the specialties required by Service activities, the Surgeon General may assign an officer of the Regular Corps, with his consent. To an approved educational institution for purposes of training for such length of time as the Surgeon General shall determine and under such conditions as may be agreed upon by the educational institution and the Surgeon General. § 21.203 Payment of tuition and fees. When an officer of the Regular Corps is assigned to an educational institution for training, the institution shall be paid for tuition and other fees and charges, including student health service fees, registration fees, laboratory fees, and diploma fees, in the same amounts as are applicable to other students and in such manner as may be agreed upon by the institution and the Surgeon General. § 21.204 Other necessary expenses. An officer of the Regular Corps upon assignment to an education al institution for training for a period of 3 months or more shall be entitled to reimbursement for necessary expenses incident to his attendance incurred for the purchase of textbooks, equipment, and supplies on an actual cost basis not to exceed a total of $100.00 during each year of such training. Such reimbursement shall be made upon the submission of proper receipt for each item. SUBPART L-UNIFORMS AUTHORITY: §§ 21.211 to 21.242, inclusive, issued under sec. 215, 58 Stat. 690; 42 U.S.C. 216. Additional authority is noted in parentheses following sections affected. Male Officers § 21.211 Generally. Except as provided in § 21.231, the uniforms of male officers of the Service shall be the same as the uniforms now or hereafter prescribed for male commissioned officers of the Coast Guard of corresponding grades, except as follows: (a) Insignia. Public Health Service insignia shall be substituted for Coast Guard insignia other than appropriate insignia of grade. (b) Miniature corps device on collar tip. A metal Public health service miniature corps device shall be worn on the left shirt collar tip in lieu of the grade mark worn by commissioned officers of the Coast Guard. (c) Chin strap. There shall be worn on the cap a sliding leather strap faced with gold-colored lace or thread, ½ inch wide, with a center band of maroon running lengthwise, 1/16 inch wide, with brass eyelets at each end, and with two slides of the same width and design as the strap at right angles to the strap. Female Officers § 21.221 Generally. Except as provided in § 21.231, the uniforms of female officers of the Service shall be the same as the uniforms now or hereafter prescribed for commissioned officers of the Women's Reserve, U.S. Naval Reserve of corresponding grades, except as follows: (a) Insignia. Public Health Service insignia, other than appropriate insignia of grade, shall be worn in lieu of the insignia of the Women's Reserve, U.S. Naval Reserve. (b) Sleeve Marking. The sleeve markings of grade worn on each sleeve of the jacket or blouse of the blue uniform shall be of gold-colored lace or thread and shall correspond with the sleeve markings of grade worn on the blue uniform of male officers of the Service of corresponding grades. The sleeve markings of grade worn on each sleeve of the jacket or blouse of the white uniform shall be of gold-colored thread. The sleeve markings of grade worn on the jacket or blouse of the striped seersucker uniform shall be of navy blue braid. The sleeve markings of grade worn on each sleeve of the blue overcoat shall be of black silk braid and shall correspond with the sleeve markings of grade worn on the blue overcoat of male officers of the Service of corresponding grades. (c) Corps device. A corps device shall be worn on each sleeve of the jacket or blouse of the blue, white, or striped seersucker uniform. The corps device worn on the blue jacket or blouse shall be of gold-colored lace or thread. The corps device worn on the white jacket or blouse shall be of gold-colored thread on a white background. The corps device worn on the striped seersucker jacket or blouse shall be of navy blue thread on a white background. A corps device of black silk thread shall be worn on each sleeve of the blue overcoat. A metal miniature corps device shall be worn on each lapel of the jacket or blouse of the blue or white uniform. (d) Seersucker uniform; miniature grade marking and corps device on collar tips. The dress of the striped seersucker uniform shall be worn with a metal miniature grade marking on the right collar tip and with a metal miniature corps device on the left collar tip. (e) Headgear. Headgear for female officers shall consist of a garrison cap of striped seersucker, white, or blue of any of the materials authorized for uniforms and shall be worn with a metal miniature cap device on the left side and a metal miniature grade mark on the right side. The white garrison cap shall be worn with the white uniform. The blue garrison cap shall be worn with the blue uniform. The striped seersucker garrison cap shall be worn with the striped seersucker uniform. § 21.222 Working uniforms. Female officers while on duty at hospitals, or while performing other professional duties in which white working uniforms are customarily worn, shall wear a conventional white working uniform. A metal miniature corps device shall be worn on the left collar tip and a metal miniature grade mark shall be worn on the right tip of this uniform, each device being worn one inch from the front edge of the collar. § 21.223 Detail to States. Female officers detailed to State or local health departments while engaged in public health activities, consisting of home visiting or clinical work, may wear the uniform dr3ess, if any, of the State public health department to which detailed, together with the garrison cap with miniature Public Health Service cap device on the left side and a miniature metal grade mark on the right side. While wearing State health department uniforms such officers shall wear the same collar-tip insignia as female officers on hospital duty. § 21.224 Change in uniform. In the event that changes in the uniform of the Women's Reserve, U.S. Naval Reserve, are prescribed, female officers of the Service may continue to wear any uniforms owned by them at the time they are notified of such changes for a period not to exceed two years thereafter, but uniforms acquired after such notification shall be in accordance with the prescribed changes. Male and Female Officers § 21.231 Correspondence with uniforms of other commissioned services in certain cases. If officers of the Service are detailed for duty or serve as liaison officers with any other commissioned service, or perform such other assignments in such places or under such circumstances as would make the wearing of the uniform of another commissioned service more appropriate, the Surgeon General may direct that such officers shall wear the uniform prescribed for such other commissioned service, except that the Public Health Service insignia shall, in all cases, be submitted for the insignia of such other commissioned service other than appropriate insignia of grade and, in the case of an Army type uniform, other than the block letters "U.S.". § 21.232 Insignia. Public Health Service insignia shall be as follows: (a) Corps device. An ornament of gold-colored metal or gold-colored lace or thread consisting of a fouled anchor and caduceus crossed as in the seal of the Service, 1 inch high and 1 inch wide. Except when incorporated as part of the cap device, the corps device shall be so place on the uniform that the staff of the caduceus is vertical and the anchor is pointing inward. (b) Miniature corps device. A corps device 11/16 inch high and 11/16 inch wide. (c) Cap device. An ornament of gold-colored metal or gold-colored lace or thread consisting of a shield with a chief with thirteen stars surmounted with a spread eagle, head dextral, with the whole placed on the corps device, with dimensions as follows: Inches Height of shield----------------------------1 3/16 Height of eagle------------------------------ 7/8 Wing spread of eagle----------------------2 1/8 Staff of caduceus---------------------------2 ½ Length of anchor---------------------------2 ½ (d) Miniature cap device. A cap device with dimensions as follows: Inches Height of shield ----------------------------- ½ Height of eagle------------------------------- ½ Wing spread of eagle -----------------------1 3/16 Staff of caduceus---------------------------- 1 3/16 Length of anchor---------------------------- 1 3/16 (d) Buttons. Buttons of the same composition and arrangement as on the corresponding article of uniform clothing of a commissioned officer of the Coast Guard, Women's Reserve, U.S. Naval Reserve, or other commissioned corps, with the corps device of the Public Health Service embossed on the button. § 21.233 Wearing of uniforms in time of war. In time of war, officers of the Service on active duty shall appear in uniform unless otherwise directed by the Surgeon General. § 21.234 Wearing of uniforms in time of peace. In time of peace, the Surgeon General shall from time to time designate those stations of the Service at which, and those areas, if any, in which, officers of the Service shall wear uniforms. § 21.235 Uniform of the day; generally. The Surgeon General shall from time to time prescribe the uniform of the day to be worn at particular stations of the Service or in particular areas at the seasons of the year and on dress occasions, and the Surgeon General may also prescribe the circumstances under which uniforms need not be worn. § 21.236 Uniform of the day; certain officers. Officers of the Service detailed for duty with other commissioned services shall wear the uniform of the day most nearly corresponding to that worn by the unit with which such officers are serving. § 21.237 Wearing of uniforms; inactive, retired, or former officers. Unless authorized by the Surgeon General, officers of the Reserve Corps on inactive duty and retired officers shall not wear uniforms except on occasions of ceremony. The Surgeon General may, however, authorize an officer to wear the uniform of his grade for a period not to exceed 30 days following the termination of his commission, his transfer to inactive duty, or his retirement. (Sec. 510.58 Stat. 711; 42 U.S.C. 228) Other Persons § 21.241. Persons authorized to wear similar insignia. Employees of the Public health service while wearing uniforms in accordance with regulations of the Surgeon General approved by the Administrator, members of the United States Cadet Nurse Corps, or persons authorized by the Surgeon General to wear a uniform similar to the uniform of members of the United States Cadet Nurse Corps may wear Public Health Service insignia, or insignia similar thereto. (Sec. 150, 58 Stat. 711; 42 U.S.C. 228) § 21.242 Wearing of certain insignia, or of ornamental jewelry resembling insignia. Persons not in uniform and not representing themselves to be commissioned officers of the Public Health service or members of the United States Cadet Nurse Corps may wear ornamental jewelry resembling Public Health Service insignia, or may wear the corps device, or cap device, or miniatures thereof, in honor of a commissioned officer of the Public Health Service or a member of the United States Cadet Nurse Corps. (Sec. 510, 58 Stat. 711; 42 U.S.C. 228) SUBPART M-DECORATIONS AUTHORITY: §§ 21.251 to 21.253, inclusive, issued under sec. 212(d), 58 Stat. 689; 42 U.S.C. 213(d). § 21.251 Military, naval, or foreign government decorations-(a) Decorations evidencing service. For service in time of war or service in any theatre of operations under circumstances and conditions comparable to service performed by members of the armed forces, commissioned officers of the Service shall be authorized to wear medals, ribbons, or decorations authorized to be worn by members of the armed services to signify such service, such authorizations to be governed by the same rules and regulations as are prescribed for the armed forces. No decoration evidencing participation in a particular campaign or engagement shall be worn unless an officer was or is detailed to one of the armed services and was or is assigned to a unit awarded such decoration. No officer shall be entitled to wear a decoration awarded by any of the armed services to their members to signify service in time of peace unless an officer was or is detailed to one of the armed services and is authorized by the service to which detailed to wear such decoration. (b) Decorations evidencing personal merit. Commissioned officers may be awarded, and may accept and wear, military ribbons, decorations, or medals awarded by the United States or by a foreign government for personal merit or achievement under the same circumstances as may now or hereafter be provided by law in the case of members of the armed forces of the United States. § 21.252 Wound or service chevrons; overseas service bars. Commissioned officers who served with the Army during World War I may wear on an Army type uniform, with respect to such service, the wound or service chevrons as prescribed by the Army (see 10 CFR, 1944 Supp., 709.27). One overseas service bar is authorized to be worn by commissioned officers on an Army type uniform, as prescribed in Army regulations (see 10 CFR, 1946 Supp., 709.27(d)), for each period of 6 months of active service outside the continental limits of the United States or in Alaska from December 7, 1941, to September 2, 1946, both dates inclusive. § 21.253 Other medals, ribbons, or badges. Commissioned offices may wear medals, ribbons, or badges awarded to them by the Treasury Department. The distinctive badges adopted by military, hereditary, and patriotic societies composed of persons or descendants of persons who served in the armed forces of the United States or in the Service during the Colonial wars, the War of the Revolution, the War of 1812, the Mexican War, the Civil War, the Spanish-American War, the First World War, and the Second World War, respectively, may be worn on all occasions of ceremony by commissioned officers who are regular members of such organizations and entitled by their rules to wear such decorations. SUBPART N-DISCIPLINE AUTHORITY: §§ 21.261 to 21.322, inclusive, issued under sec. 215, 58 Stat. 690; 42 U.S.C. 216. General Provisions § 21.261 Applicability. The provisions of this subpart shall apply to all commissioned officers, whether on leave, active duty, or retired, except that they shall not apply to officers on detail pursuant to section 214 of the act to the extent that this subpart may be inconsistent with the special service in which they are engaged. Officers detailed for duty with other commissioned services shall be subject to the laws for the government of the service to which detailed. During the effective period of any Executive order declaring the Service to be a military service and prescribing that the commissioned corps shall be subject to the Articles of War or to the Articles for the Government of the Navy, disciplinary action may be initiated, prosecuted, and completed either in accordance with the provisions of such order or in accordance with the provisions of this subpart. § 21.262 Orders of superior officers. Officers are required to observe and promptly to obey the lawful orders of the Surgeon General and all other official superiors. Such orders may be written or oral, but all countermanding orders shall be in writing unless the original order was oral and is countermanded by the officer who issued it. § 21.263 Officer in charge; designation. The officer in charge of a station shall have authority over all officers serving with him and shall enforce Service regulations and issue and enforce such lawful orders as he may deem necessary for proper administration of the station. As used in this subpart, "officer in charge" means the officer so assigned by the Surgeon General. § 21.264 Officer in temporary charge; designation. An officer in charge shall designate an officer assigned to his station to act as the officer in temporary charge in the event of his absence, disability, or death. Such designation may be made without regard to rank or professional category. § 21.265 Officer in temporary charge; authority. An officer in temporary charge shall make no substantial changes in the regular routine of the station unless such changes are found to be necessary from conditions of emergency or changed circumstances. Any order making such change together with the reasons therefor shall be entered in the files of the station over the signature of the officer in temporary charge. § 21.266 Official correspondence. All official communications written by officers relative to maters of official business shall be forwarded through the officer in charge. § 21.267 Furnishing information. No officer shall publish or furnish for publication any official reports of current statistics of the operations of the Service or any information concerning the Service without authority from the Surgeon General; nor shall an officer publish or offer for publication any article dealing with professional subjects or the policy of the Service unless the article shall have been submitted to and approved by the Surgeon General or his designated representative. No reports or information concerning the Service shall be volunteered to the press without the consent of the officer in charge, to whom representatives of the press shall be referred when requesting information. § 21.268 Letters of recommendation. No officer shall give any letter of recommendation with respect to any article of manufacture or on behalf of any firm or corporation. § 21.269 Outside employment. No officer on active duty shall render any professional services for remuneration except with written approval of the Surgeon General. § 21.270 Reporting when detailed. An officer detailed for duty to another agency of the Government shall report by letter, telegram, or in person to the head of such agency or to the chief officer of the particular service to which detailed. § 21.271 Misconduct. The following actions or conduct shall constitute grounds for disciplinary action pursuant to this subpart: (a) Wilful disobedience of the lawful orders of a superior officer. (b) Negligence or carelessness in obeying orders. (c) Excessive use of drugs or intoxicating liquors. (d) Conduct tending to bring discredit upon the officer or upon the Service, or upon both. (e) Financial irregularities. (f) Use of language disrespectful of official superiors or other officers. (g) Any publication or public statement impugning the professional competency or personal character of another officer. (h) Waste of public property or knowingly permitting such waste. (i) Conviction of a felony or an offense involving moral turpitude. (j) Wilful submission of false information in application for appointment or in any proceeding of the Service. (k) Abusive treatment of subordinate officers or employees, of patients or beneficiaries of the Service, or of members of the public in their dealings with the Service. (l) Absence without leave. (m) Violation of any regulation prescribed for the government of the Service. § 21.272 Summary punishment-(a) Officer in charge. The officer in charge may impose upon an officer subject to his authority the following punishment for misconduct during any period when the latter was so subject: (1) Private reprimand; and (2) suspension of privileges pending immediate report of such misconduct to and instructions from the Surgeon General. (b) The Surgeon General. After a determination by the Surgeon General that an officer has been absent without leave, he shall deduct from the annual leave accumulated by such officer two days for each day or fraction thereof of absence. If an officer is absent without leave for 30 or more days during a calendar year, the Surgeon General may recommend to the Administrator that the commission of such officer be terminated and if the Administrator approves such recommendation, the commission of such officer shall be terminated. If the Surgeon General so determines, he may refer any case of absence without leave to a board of investigation for investigation and recommendations in accordance with the provisions of this subpart. (c) Recording of action taken. Any action taken pursuant to this section shall be entered on the service record of the officer. Such entry shall include the date and nature of the offense and the action taken. § 21.273 Leave of absence during pendency of charges. An officer authorized to grant leave of absence shall not grant leave to an officer against whom charges are pending, but requests for leave at that time shall be referred to the Surgeon General for action. § 21.274 Grievances. If any officer shall consider himself aggrieved by another officer and shall fail to secure an adjustment of the matter to his satisfaction, he may report such fact in writing through the officer in charge to the Surgeon General. Boards of Investigation § 21.281 Order to appear before board; time limitations. When an officer is charged by his superior officer, or by any responsible person or persons, with conduct constituting a ground for disciplinary action under this subpart, he may be ordered to appear before a board of investigation, but no officer shall be so ordered to appear or punished for any offense connected with the Service committed more than one year before the issuance of such order. Any period during this an officer is outside the continental United States or in Alaska or any period during which discovery of the offense was prevented by the giving of false information by or in behalf of an officer shall not be counted as part of such one-year limitation. § 21.282 Convocation. A board of investigation may be convoked by order of the Administrator or the Surgeon General. Such order shall indicate the time and place of assembly. § 21.283 Composition. The board of investigation shall consist wholly of commissioned officers of the Service and of not less than three members, who shall be appointed by the Administrator upon recommendation of the Surgeon General. The members of the board shall, if practicable, be equal or senior in rank to the accused officer and shall, if practicable, include at least one officer of the same profession as the accused officer. § 21.284 Punishment. The board shall hear the case and make a report of its findings. If the accused officer is found guilty, the board shall make recommendations as to punishment which shall be limited to the following: (a) Dismissal from the Service. (b) Reduction of grade, with a specific recommendation with regard to promotion credit and seniority in the grade to which reduced. (c) Loss of seniority with a specific recommendation with regard to promotion credit. (d) Official reprimand by circular letter. (e) Official reprimand by the Surgeon General. (f) Any combination of the punishments prescribed in the preceding subdivisions (b), (c), (d) and (e). § 21.285 Service representative. In connection with any proceeding before a board of investigation, the Surgeon General shall detail an officer of the Service, not liable to be summoned as a witness, to prepare a statement of the charges and specifications against the accused officer and to act in the interest of the Government as Service representative before the board. The Service representative shall not be a member, and shall be independent of the control, of the board. The Service representative shall investigate all the circumstances of the case. All persons connected with the Service shall furnish the Service representative with such information within their knowledge as he may request. He shall have the right to be furnished with such instructions and papers or copies thereof as may be necessary for his guidance. § 21.286 Notice of charges; right to counsel. When charges are preferred against an officer for the investigation of which a board of investigation is ordered, the officer shall be furnished a copy of such charges and the specifications thereof and shall be notified that he may, if desired, have counsel to aid in his defense. § 21.287 Presiding officer. The senior officer of the board shall be the presiding officer. Her shall (a) preserve order (b) decide upon matters relating to the routine of business, (c) request the presence of witnesses, (d) administer oaths as required, and (e) adjourn the board from day to day. He shall be authorized at any time to order the exclusion from the room of any person other than the members of the board, the recorder, the stenographer, the accused and his counsel, and the Service representative, and to order a closed session limited to members of the board for the purpose of deliberation upon objections to questions and evidence and upon the validity of challenges and pleas, and of formulating its findings and recommendations. Should any member of the board object to a decision of the presiding officer, the question shall be submitted to and decided by a majority vote of the board. § 21.288 Recorder. The junior officer of the board shall be recorder. Under the direction and control of the board it shall be his duty (a) to record the proceedings, (b) to append original documents (or authenticated copies thereof) to the record, (c) to have custody of the record and all documents submitted to the board, (d) to assist the board in systematizing the information it may receive, (e) to render the board such assistance as will enable it to present the facts to the convoking authority, (f) to read the charges and specifications when the accused is arraigned, (g) if practicable, to read the record of the proceedings of the preceding session at the opening of each session, (h) as may be directed by the presiding officer, to prepare and send out requests to witnesses to appear and testify, and (i) in conjunction with the presiding officer, to authenticate the proceedings by his signature. § 21.289 Stenographer. Stenographic assistants shall be employed to record the testimony. § 21.290 The record. Except as otherwise provided, the entire proceedings of the board shall be fully set forth in the record, which shall be signed by the presiding officer and the recorder. Such record shall be confidential and shall not be disclosed except for the purposes of the proceedings, but the accused and his counsel shall be permitted access to the record for the purpose of preparing the defense of the accused in such proceedings. § 21.291 Oath of board members. When the board assembles, the recorder shall read the order convoking it. Such order shall be read in the presence of the Service representative, the stenographer, the accused officer, and his counsel. The recorder shall then administer the following oath to each member of the board: "I do solemnly swear (or affirm) that I will carefully and impartially investigate and try the case now about to be opened; that in announcing my conclusions and recommendations to be embodied in the report of this board to be submitted to the convoking authority, I will be governed wholly by the evidence adduced, and I will not be influenced for or against the accused by anything not clearly shown in the recorded evidence; so help me God." The presiding officer shall then administer the same oath to the recorder of the board. § 21.292 Oath of recorder and stenographer. The recorder and the stenographic assistants shall be sworn by the presiding officer to keep a true record of proceedings, as follows: "I do solemnly swear (or affirm) that I will faithfully perform the duties of recorder (or stenographer) to this board, and that I will not divulge any of the proceedings of the investigation; so help me God." § 21.293 Affirmations. The closing phrase invoking the Deity in the oats prescribed in this subpart shall be omitted in cases of affirmation. § 21.294 Sessions. The board shall sit daily, except Sundays and holidays, until a decision is reached unless temporarily adjourned or dismissed by the authority which convoked it: Provided, That the presiding officer may, for good cause, grant a continuance to either party for such time and as often as may appear to be just. When the proceedings of the board have commenced, they shall not be suspended or delayed on account of the absence of any of the members if a majority but not less than three members is present, and in the absence of the accused officer without good cause the board may proceed as if he were present. § 21.295 Challenges. The presiding officer shall ask the accused whether he objects to being tried by any member of the board, and, in case of objection, he shall state his reasons therefor. The recorder shall enter a minute of the inquiry and of the answer upon the record. A challenged member shall have the right to reply to the accused. All parties except the unchallenged members shall be excluded until a decision has been reached upon the validity of the challenge by the remaining members of the board. Should the challenge be sustained, the facts shall be reported by the presiding officer to the Surgeon General, and if the number of members is reduced below three, the board shall adjourn until instructions are received. Each challenge, whenever the accused wishes to challenge more than one member, shall be received and considered separately. § 212.296 List of witnesses. The Service representative and the accused shall each furnish the presiding officer a list of his witnesses. Other witnesses may be introduced at a later stage of the investigation upon giving reasonable notice. The notice to testify shall be prepared by the recorder and signed by the presiding officer. § 21.297 Reading of charges and specifications. The recorder shall read in the presence of the accused the charges and specification of charges preferred against him, and the accused shall be called upon to plead on each specification and charge seriatim, as follows: The recorder shall read the specification of the first charge, and the presiding officer shall then address the accused by name and designation and ask whether he is guilty or not guilty of the specification just read. Each specification shall be read and the accused asked to plead in each instance until all of the specifications of the first charge have been covered. Then the charge shall be read and the accused be required to plead to that. The specifications and charges shall be pleaded to in this manner until all have been covered. § 21.298 Plea to charges. If the accused officer is present and refuses to plead, the presiding officer shall direct a plea of "not guilty" to be entered. § 21.299 Plea in bar. A plea in bar of investigation shall be in writing, signed by the accused, and appended to the record. Witnesses may be called and arguments submitted by both parties upon such plea. The board shall deliberate upon the matter in closed session, and, upon reopening, the board's decision shall be announced by the presiding officer. If the plea is sustained, a report shall be forwarded to the convoking authority and the board shall adjourn to await further orders. § 21.300 Preliminary instructions to witnesses. Witnesses other than the accused shall be present only when testifying, and they shall be warned that they are not to converse on any matter pertaining to the pending investigation. § 21.301 Calling of witnesses; oath. The witnesses shall be called before the board separately. The presiding officer shall administer to each the following oath: "I do solemnly swear (or affirm) that I will make true answers to such questions as may be propounded to me; so help me God." Witnesses shall be cautioned before giving their testimony to testify only to facts which are within their own knowledge. § 21.302 Verification of testimony. After the testimony of the witness is closed the whole of his testimony as recorded may be read over to him and, when corrected in such parts as are in error, he shall sign it. The signatures of the witnesses shall be authenticated by the presiding officer of the board. § 21.303 Witness fees. Upon the application of the presiding officer payment of the usual witness fees to witnesses unconnected with the Government service may be authorized. § 21.304 Evidence; admissibility. Evidence may be received by the board even though inadmissible under rules of evidence applicable to court procedure. The Service representative or the counsel for the accused may, however, object to the admission of evidence or testimony on the ground that it is irrelevant, immaterial, incompetent, or otherwise improper, and if such objection is overruled by the board he shall be allowed to enter his objection upon the record. Notwithstanding the provisions of § 21.281, whenever it shall appear to the board to be material to the charges to prove or disprove a particular habit of the accused, evidence as to his record in that regard for a period of 3 years prior to the order convoking the board shall be admissible. § 21.305 Depositions. Depositions of individuals who are unable to appear in person before the board and whose testimony is material to a complete investigation of the case may be received, provided that the accused shall be given an opportunity to have present when the preposition is taken a representative who may cross-examine the witnesses. § 21.306 Order of examination. The evidence on the part of the Service shall be first taken. The evidence for the defense shall be taken when the Service rests. Either side may rest at pleasure. The examination of witnesses shall close by taking such testimony as may be offered in rebuttal, surrebuttal, impeachment, or to sustain the credibility of those witnesses whose testimony an effort has been made to impeach. The board may recall a witness at any stage of the proceedings, provided that the right of cross-examination by the accused and the Service representative shall not be denied. Each witness shall first be examined in chief by the party who summons him, and then cross-examined by the opposite party. In case of new matter being introduced on cross-examination, the party calling the witness may examine him with respect to such matter, and, under like circumstances, a recross-examination shall be permitted. The Board may put such questions to the witness as may be deemed necessary; a question by a member of the board generally shall not be asked until the Service representative and the accused have finished their examinations. § 21.307 Testimony of accused. The accused may in any case, testify in his own behalf, but his failure to do so shall create no presumption against him. If the accused does testify in his own behalf, he shall be subject to cross-examination concerning any facts to which he has testified. § 21.308 Defense rebuttal. When the examination of witnesses is closed the accused may present arguments in his defense, in writing or orally, in person or by counsel. This statement, if written, may be read before the board. The whole shall become a part of the record. § 21.309 Reply of service representative. The Service representative shall have the right to reply to the defense in writing or orally, and this reply shall become a part of the record. § 21.310 Close of hearing. When the Service representative and the defense have completed their arguments, the hearing shall be closed. The board may, however, before its finding, authorize reopening for the introduction of new evidence, provided it be shown that the evidence is material and its omission would leave the case incomplete. The board shall then retire to consider the record. § 21.311 Consideration by board. (a) When the board has sufficiently examined the evidence, the presiding officer shall put the question upon each specification of each charge, beginning with the first, whether the specification is "proved", or "proved in part". No written minute of the votes shall be preserved unless so ordered by the unanimous vote of the board. In any oral vote the member of the board who is junior in rank shall vote first. When a majority of the board agrees upon a finding it shall be so recorded. (b) When the members have voted upon all the specifications of any charge, the question shall be put upon the charge to each member: "Is the accused guilty of the charge, or not guilty?". When a majority decision is arrived at, the result shall be recorded. The board shall then proceed to the next charge and specifications until votes have been taken and decisions recorded upon all the charges and specifications. (c) When the members of the board have voted upon all the charges, if the accused has been found guilty upon any of them, the members shall proceed to vote upon the punishment to be recommended. Each member shall write down the punishment which he believes should be recommended and shall hand his vote to the presiding officer, who shall announce the result. If a majority shall not have agreed upon the nature and degree of the punishment to be recommend the presiding officer shall proceed, beginning with the mildest punishment that has been proposed and continuing, if necessary, to the next more severe punishment, and so on, successively, until a punishment to be recommended has been decided upon by a majority of the members of the board. (d) A finding of guilty shall not be entered on a charge other than a charge specified. In case evidence develops which in the opinion of the Service representative warrants additional charges and specifications, appropriate recommendation shall be made with respect thereto by the Service representative to the Surgeon General. The Service representative shall give due notice to the presiding officer whereupon the board shall await further instructions from the Surgeon General. § 21.312 Findings and recommendations of board. After all charges and specifications have been voted upon, the recorder, under the direction of the board, shall draw up the findings, specifying as to each charge whether the accused has been found guilty or not guilty, and, on approval by the board, shall enter such findings upon the record, together with the recommendations of the board as to punishment and clemency if the accused has been found guilty of any charge. § 21.313 Recommendations of board. In arriving at its recommendations as to the nature and degree of the punishment, if any, to be imposed, the board shall take into consideration all previous convictions and the official record of the accused. If mitigating circumstances have appeared during the proceedings which could not be taken into consideration in determining the degree of guilty found by the verdict, the board may avail itself of such circumstances as grounds for recommending clemency. Any recommendation for clemency shall be inserted immediately after the recommendation as to punishment. § 21.314 Report to accompany record. The board shall prepare a report to accompany the record and in such report shall review the evidence as a whole, with specific reference to all evidence and to any conclusions of law on controverted questions upon which the findings are based. The report of the board shall be signed by the members concurring; any member or members not concurring, in whole or in part, may submit and sign a minority report. § 21.315 Transmittal of record and report. After the record (including the transcript of the testimony) and other documents have been signed, they shall be forwarded by the presiding officer to the Surgeon General. The board shall then adjourn pending further orders. Action Upon Findings and Recommendations of Board § 21.321 Action by Surgeon General. The Surgeon General shall review the record, report, and recommendations of the board, and may either order further investigation by the board or transmit the papers in the case to the Administrator with his recommendations. § 21.322 Action by the Administrator. No recommendation for punishment shall be effective until approved by the Administrator. The Administrator shall review the record, report, and recommendations of the board and the recommendations of the Surgeon General, and may either order a further investigation by the board or approve the findings and recommendations in whole or in part; or, upon the basis of the approved findings, he may order punishment or a grant of clemency or other disposition not inconsistent with these regulations. The disposition of a case by the Administrator shall be final. PART 22-PERSONNEL OTHER THAN COMMISSIONED OFFICERS LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES Sec. 22.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. 22.2 Exception respecting certain persons. LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES § 22.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. Except as provided in § 22.2, civil service officers and employees of the Service shall receive additional pay for duty requiring intimate contact with leprosy patients on the same basis as is set forth in § 21.61 of this chapter with respect to officers of the commissioned corps. (Sec. 209(g), 58 Stat. 687; U.S.C. 210(g)) § 22.2 Exception respecting certain persons. No civil service officer or employee of the Service who is occupying a position allocated at a level above similar positions at general hospital stations of the Service shall receive any additional payment under § 22.1 until the status of such position has been reallocated in accordance with similar positions at general hospital stations of the Service. (Sec. 209(g), 58 Stat. 687; 42 U.S.C. 210(g)) DELEGATIONS, REVOCATIONS, AND EFFECTIVE DATE 2. Exercise by the Administrator of certain powers of the President. The Administrator is authorized, in his discretion, to exercise the powers of the President (a) to terminate reserve commissions under section 207(a)(2) of the act, (b) to terminate temporary promotions under section 6(b) of Public Law 425, 80th Congress, and (c) to specify ports under section 366(a) of the act. 3. Revocations. (a) Executive Order 9655 of November 14, 1945, entitled "Regulations Relating to Commissioned Officers and Employees of the Public Health service", Executive Order 9897 of October 10, 1947, entitled "Amendments to Regulations Relating to Commissioned Officers and Employees of the Public Health Service", and Executive Order 9955 of May 6, 1948, entitled "Regulations Pertaining to Promotions at Certain Grades in the Regular Corps of the Public Health Service" are revoked. (b) The revocation of Executive Order 9655 shall not affect any act done or offense committed under section 2.271 of such order or any proceeding held or commenced in any disciplinary action under sections 2.281 to 2.322, inclusive, of such order. Disciplinary action for misconduct prior to July 1, 1948, may be initiated, prosecuted, and completed either in accordance with Executive Order 9655 as if it had not been revoked, or in accordance with §§ 21.281 to 21.322, inclusive, of Part 21 of Chapter I of Title 42 of the Code of Federal Regulations as prescribed by this order. (c) The revocation of Executive Order 9655 shall not revive any of the regulations revoked by section 3.21 of that order. 4. Effective date. This order shall be effective as of July 1, 1948. HARRY S. TRUMAN THE WHITE HOUSE, August 31, 1948