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.

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 offi cers 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.

§ 21.169 Relationship of §§ 21.165— 21.166 to disciplinary procedures. The provisions of §§ 21.165-21.166 shall in no way confict with or prejudice disciplinary procedures under §§ 21.26921.322.

AFTER THIRTY YEARS OF SERVICE AUTHORITY: §§ 21.171 to 21.177 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.

§ 21.171 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 or § 21.175.

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

§ 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]