§ 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 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. 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.

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 service 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 offcer 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 and if his current permanent or temporary grade is lower than the grade designated for such position, the officer may be recommended to the President for a temporary promotion to such or any lower grade, provided that there is a vacancy in the grade to which the officer is to be recommended for promotion, and in the category of the officer so assigned.

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 or to his temporary grade held pursuant to § 21.132. 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 or to his temporary grade held pursuant to § 21.132 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 responsibilities 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 Secretary 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 30 days or more, exceeds the authorized strength of the Regular Corps, the Surgeon Gen

eral 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 Secretary pursuant to section 210(1) of the act in the higher grade and in the category of the efficer 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 Secretary 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 Secretary at any time.

Subpart H-Separation of Certain
Officers

AUTHORITY: §§ 21.151 to 21.155 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.

§ 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 3 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 Secretary, such officer shall be separated from the Service.

§ 21.152

Separation of officers because of pregnancy.

If an officer who is pregnant is not eligible for maternity leave, she shall be separated from active duty. If an officer who is granted maternity leave is found physically unqualified to return to her assigned duties upon expiration of the sick leave granted, her commission will be terminated, unless it is determined that under normal circumstances she should be so qualified before the 90th day following the birth of the child. If an officer who is granted sick leave officially advises the Service at any time thereafter that she does not intend to return to duty, her commission shall be terminated immediately. This section shall not be applicable to any officer eligible for retirement.

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

§ 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 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, but which does not entitle him to retirement for physical disability or placement upon the temporary disability retired list under such section, 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 ap

84-001-72-3

pointment, it shall report such facts to the Surgeon General. If such report is approved by the Surgeon General and the Secretary, 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 Secretary, the commission of the officer concerned shall be terminated.

§ 21.155 Security requirements.

The provisions of Executive Order No. 10450 of April 27, 1953, entitled "Security Requirements for Government Employment", shall be applicable to commissioned officers of the Service; and the Secretary, in accordance with the standards and procedures prescribed therein or adopted pursuant thereto, shall (a) cause investigations to be made of commissioned officers of the Service and of candidates for commission in the Regular or Reserve Corps, in order to ensure that their appointment and their retention in office are clearly consistent with the interests of the national security, and (b) suspend from assigned duties or separate from the Service any such officer upon a determination that such suspension or separation is necessary or advisable in the interests of the national security. Subpart I-Medical Review Board

AUTHORITY: §§ 21.161 to 21.163 issued under sec. 215, 58 Stat. 690, as amended; 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 whose name has been placed upon the temporary disability retired list and who is required to undergo a periodic physical examination, 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

AFTER TWENTY YEARS OF SERVICE AUTHORITY: §§ 21.165 to 21.169 issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216. Sec. 211, 58 Stat. 688, as amended; 42 U.S.C. 212.

SOURCE: The provisions of §§ 21.165 to 21.169 appear at 26 F.R. 164, Jan. 10, 1961, unless otherwise noted.

§ 21.165 Involuntary retirement of officers with 20 years of service.

The Surgeon General may recommend to the Secretary the retirement of any officer who has completed 20 or more but less than 30 years of active service as defined in section 211(d) of the act if the Surgeon General after consideration of the recommendation of a board pursuant to § 21.168, determines that the retirement of an officer would be in the best interests of the Service for one or more of the following reasons:

(a) An officer's performance of duty is at a level below that expected of an officer of his grade in his category;

(b) An officer is not suited for continued active service for one or more of the following or similar cases:

(1) Conduct contrary to laws, regulations, or administrative directives applicable to commissioned officers,

(2) Intentional omission or misrepresentation of facts in official statements, either oral or written.

(3) Act of intemperance and/or personal misconduct to the discredit of the Service.

§ 21.166 Appointment of retirement boards.

The Surgeon General may from time to time appoint boards to review, in accordance with procedures which he shall prescribe, the records of such officers as the Surgeon General may submit to such

boards and to recommend to him in accordance with their determination based on the records, that such officers be continued on active duty or be retired. Such boards shall consist of five or more officers at least two of whom shall, insofar as practicable, be of the same professional category as the officer or officers whose records are submitted to them for consideration.

§ 21.167 Recommendations of boards.

The recommendations of the boards appointed pursuant to § 21.166 shall be based on material contained in the records submitted to them for review or on other material which the boards may have added to the records to supplement and clarify previous notations in the records. If the recommendation of a board is not unanimous, such fact shall be so indicated in the recommendation, and those members of the board who disagree with the recommendations of the majority may submit a separate report or reports and their recommendations. § 21.168 Action by the Surgeon General or the Secretary.

If a board recommends that an officer be retained on active duty, or if a board recommends that an officer be retired and the Surgeon General does not approve, such officer shall be retained on active duty until such time as his record may again be referred to a board under 21.166 or he may be separated or retired under other provisions of law. If a board recommends that an officer be retired and the Surgeon General approves, he may recommend to the Secretary that the officer be retired. If the Secretary approves the recommendation of the Surgeon General, the officer shall be retired on the first day of any month thereafter as the Surgeon General shall direct.