§ 21.171

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 Surgeon General not later than 6 months after completion of such service.

[21 F.R. 9806, Dec. 12, 1956, as amended at 25 F.R. 5185, June 10, 1960]

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. § 21.173 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.

§ 21.175

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 § 21.174.

§ 21.176 Prescription of standards to be utilized by category retirement boards.

The Surgeon General may from time to time prescribe standards to effectuate the current and expected program requirements of the Service to be utilized by each category retirement board in determining the qualifications for continued active service of officers whose names may thereafter be referred to the board pursuant to § 21.173 § 21.175.

[25 F.R. 5185, June 10, 1960]

or

§ 21.177 Action by the Surgeon General.

If a retirement board finds in accordance with standards prescribed under § 21.176 that an officer should be retired, and if such finding is approved by the Surgeon General, the officer concerned shall be retired.

[25 F.R. 5185, June 10, 1960]

RESTRICTED GRADE RETIREMENTS

AUTHORITY: §§ 21.181 to 21.184 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.

§ 21.181 Voluntary stricted grades.

retirement; re

to the date on which he becomes eligible for retirement pursuant to section 211(f) of the act that he be retired within six months after such date, the Surgeon General shall immediately after the expiration of such month refer his record, including the record of his physical condition, to a retirement board appointed pursuant to § 21.172 which board shall review his record to determine his qualifications for continued active service. In considering each such record the retirement board shall have the powers and duties prescribed in § 21.174.

(b) If the Suregon General disapproves the application of an officer for retirement pursuant to § 21.181, he shall, not later than one year from the date on which the officer first applied for retirement, submit the officer's record to a retirement board for review as prescribed in paragraph (a) of this section: Provided, That the officer is still eligible for retirement at such time.

§ 21.183

Subsequent review of records.

The records of officers who remain eligible for retirement pursuant to section 211(f) of the act shall be subject to such additional reviews as are prescribed in §§ 21.175 and 21.176. § 21.184

Action by the Surgeon General and the Secretary.

If a retirement board finds that an officer who is eligible for retirement pursuant to section 211(f) of the act should be retired and if such finding is approved by the Surgeon General and the Secretary, the officer concerned shall be retired.

DISABILITY RETIREMENT

AUTHORITY: §§ 21.191 and 21.192 issued under 10 U.S.C. 1214, 1216 and sec. 221, 70A Stat. 619, as amended; 42 U.S.C. 213a.

§ 21.191 Establishment of medical review board to make findings and recommendations concerning disability retirements and separations. The Surgeon General shall appoint one or more medical review boards and may appoint such subboards as are necessary to assist the boards for the purpose of making findings and recommendations relating to determinations relative to the disability retirement of commissioned officers of the Public Health Service. The boards and subboards shall be constituted as provided in § 21.161 and shall have the additional

powers and duties prescribed in § 21.162. The Surgeon General shall refer to a medical review board the case of any officer who may be entitled to retirement for disability, and the Surgeon General shall have, with respect to cases involving disability retirement or separation, the powers conferred upon him pursuant to § 21.163.

§ 21.192 Procedures; full and fair hearings.

(a) If the report of the medical review board, which has reviewed the case of an officer for retirement where the officer did not specifically apply for such retirement, contains a finding that such officer is physically fit to perform the duties of his office, the report shall be transmitted to the Surgeon General for appropriate action pursuant to paragraph (d) of this section.

(b) If the report of the medical review board, which has reviewed the case of an officer for retirement, recommends that such officer be retired or separated or finds that an officer who has specifically applied for disability retirement is physically fit to perform the duties of his office, a copy of the report shall be forwarded to the officer concerned who shall be informed that if he feels aggrieved by any of the board's findings or recommendations, he shall have the right, within 30 days of his receipt of the report, to request a hearing. If the officer's request for a hearing is received within 30 days of his receipt of the board's report he shall be granted a full and fair hearing. Upon completion of such hearing, the findings and recommendations of the hearing board, together with the medical review board's report, shall be transmitted to the Surgeon General for appropriate action pursuant to paragraph (d) of this section.

(c) If an officer, upon notification of his right to request a hearing, states in writing that he does not desire a hearing, or if a request for a hearing is not received within 30 days from the officer's receipt of the board's report, the report shall be forwarded to the Surgeon General for appropriate action pursuant to paragraph (d) of this section.

(d) Upon receipt by the Surgeon General of the material transmitted to him, the officer concerned shall be retired

The term "approved educational institution or training program" as used in this subpart means an educational institution or training program 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 Secretary may assign an officer, with his consent, to an approved educational institution or training program for purposes of training. [34 F.R. 20273, Dec. 25, 1969]

§ 21.203 Payment of tuition and fees. When an officer is assigned to an educational institution or training program, the institution or training program shall be paid for tuition and other fees and charges, including student health service fees, registration fees, laboratory and library 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 or training program and the Surgeon General. [27 F.R. 3886, Apr. 24, 1962]

§ 21.204 Other necessary expenses.

An officer assigned to an educational institution or training program shall be entitled to reimbursement for other necessary expenses incident to his attendance incurred for (i) purchase or rental of books, materials and supplies, and (ii) other necessary services or facilities incident to such training. Such reimbursement shall be made upon the submission of proper receipt for each item.

[27 F.R. 3886, Apr. 24, 1962]

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 or 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, 1⁄2 inch wide, with a center band of maroon running lengthwise, 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 Generally.

§ 21.221

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) 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 grade mark worn by commissioned officers of the Women's Reserve, U. S. Naval Reserve. [21 F.R. 9806, Dec. 12, 1956, as amended at 23 F.R. 5670, July 26, 1958] § 21.222 Detail to States.

Female officers detailed to State or local health departments while engaged in public health activities may wear the uniform dress, if any, of the department to which detailed.

[23 F.R. 5670, July 26, 1958]

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 placed 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 16 inch wide.

(c) Cap device. An ornament of goldcolored 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:

§ 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.

An officer in charge of a station at which uniforms are required to be worn shall from time to time prescribe the uniform of the day to be worn at the station at 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 Public Health Service 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, as amended; 42 U. S. C. 228)

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§ 21.241

(e) Buttons. Buttons of the same composition and arrangement as on the corresponding article of uniform clothing of a commissioned officer of the Coast Guard or Women's Reserve, U. S. Naval Reserve, with the corps device of the Public Health Service embossed on the button.

OTHER PERSONS

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 Secretary may wear Public Health Service insignia.

(Sec. 510, 58 Stat. 711, as amended; 42 U. S. C. 228)