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 and appointed in the Reserve Corps in the junior assistant grade but shall not be called to extended active duty until the successful completion of such course of instruction, except that: (a) He may be called to active duty for purposes of training for periods not to exceed 120 days during any fiscal year, and (b) those students who have completed at least 3 years of collegiate or professional study leading to the qualifying degree for appointment may be called to active duty for the purpose of compieting the requirements of § 21.25(a) (3). An appointment made under this subpart shall be terminated upon the officer's failure to continue a full-time course of study or failure to meet the requirements of § 21.25(a) (3) within 18 months after entering on active duty.

[34 F.R. 706, Jan. 17, 1969]

§ 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.

reappointment, may be recommended for 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 is determined to render him physically unfit to perform the duties of his office under section 402 of the Career Compensation Act of 1949, as amended An officer 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.

Subpart D-Increased Pay and

Allowances

§ 21.61 Duty involving frequent and regular participation in aerial flight.

Except as otherwise designated by the Secretary, all duty performed under competent orders by commissioned offcers involving frequent and regular participation in aerial flights shall be as a non-crew member pursuant to section 204 (a) (3) of the Career Compensation Act of 1949, as amended, and shall entitle such officers to the pay authorized by subsection (c) of such section.

(37 U.S.C. 301; 42 U.S.C. 210(a), 216, E.O. 10152, 15 F.P. 5489. as amended 3 CFR 19491953 comp.)

Subpart E-Allotments

AUTHORITY: §§ 21.71 and 21.72 issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216. Sec. 209 (c), 58 Stat. 686, as amended; 42 U.S.C. 210(b).

§ 21.71 Generally.

An officer on active duty may be permitted to allot a part or 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.

§ 21.72

Special circumstances.

An officer on active duty whose permanent post of duty is in Alaksa or Hawaii, a possession or trust territory of the United States, or a foreign area, or who is performing temporary duty in, or temporary duty travel to or from these localities, 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 such allotments at one time.

[25 FR. 5184, June 10, 1960]

Subpart F-Leave

AUTHORITY: §§ 21.81 to 21.98 issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216. Sec. 219, 64 Stat. 426; 42 U.S.C. 210-1.

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 at the succeeding calendar year, except commencing January 1, 1958, such terms shall mean a 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 nonwork 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.

§ 21.84

LEAVE WITH PAY

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 22 days for each month 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. 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 F.R 9806, Dec. 12, 1956, as amended at 34 F.R. 20273, Dec. 25, 1969]

§ 21.85

§ 21.86

[Reserved]

Granting of annual leave.

Within the limitations prescribed in § 21.84, 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 nonwork 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 nonwork day during which he is scheduled to perform only a brief period of work, he must obtain the oral permission of the officer in charge. Station leave shall not be charged as annual leave.

§ 21.89

Granting of sick leave.

Sick leave may be granted when the officer is in need of medical services or is incapacitated for the performance of duties by sickness, injury, or pregnancy and confinement. The leave granting authority or other responsible official may require a medical certificate for every period of sick leave in excess of 3 days, or for a lesser period when determined necessary. A medical certificate shall also be furnished promptly to the Surgeon General, or his designee, at the end of each period of 30 days of continuous absence from duty because of sickness or injury.

[36 F.R. 20159, Oct. 16, 1971]

§ 21.90 Prolonged or frequent absence due to sickness or disability; review of status.

An officer's absence from duty because of sickness or disability for a period of more than 90 consecutive days or for an aggregate of more than 120 days in a consecutive 12-month period shall be reported to the Surgeon General, or his designee, who shall appoint a board to consider whether such officer should be retired.

[36 F.R. 20159, Oct. 16, 1971]

§ 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 Secretary, 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, as amended; 42 U.S.C. 215 (d))

Subpart G-Promotion

AUTHORITY: §§ 21.101 to 21.152 issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216. Sec. 210, 58 Stat. 687, as amended; 42 U.S.C. 211, unless otherwise noted.

§ 21.101

DEFINITIONS

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 3, 10, or 17 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.

(e) 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.

(j) [Reserved.]

(k) The health services category is that category to which are assigned all officers (1) who are appointed to the Regular Corps in one of the "related scientific specialties in the field of public health" within the meaning of section 207(a)(1) of the Act or to the Reserve Corps pursuant to section 207(a) (2) and (2) who are not otherwise qualified for assignment to any other category.

[21 F.R. 9806, Dec. 12, 1956, as amended at 24 F.R. 1790, Mar. 12, 1959]

PROVISIONS APPLICABLE ONLY TO REGULAR CORPS

(Sec. 206, 58 Stat. 684, as amended; 42 U.S.C. 207) [31 F.R. 4299, Mar. 11, 1966]

§ 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 in accordance with the length of time each officer must serve before becoming eligible for promotion to the assistant grade. An officer having a shorter 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.

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:

(a) An officer already in a grade shall have relative standing over an officer originally appointed to the grade.

(b) 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.

(c) 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.

§ 21.115 Restricted grades.

Officers of the Regular Corps in the nurse, dietitian, therapist, pharmacist, health services and sanitarian categories shall be permanently promoted to the senior grade only if vacancies exist in such grade.

[24 F.R. 1790, Mar. 12, 1959]

§ 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 assist 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 noncompetitive. § 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.