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cer 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 FR 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 FR 5185, June 10, 1960]

RESTRICTED GRADE RETIREMENTS

AUTHORITY: 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 retirement; restricted grades.

An officer of the Regular Corps shall, upon his application and subject to the approval of the Surgeon General, be retired pursuant to section 211(f) of the act on or after such date as he becomes eligible for retirement pursuant to said section: Provided, That he has not been found qualified for a permanent promotion prior to the date upon which the Surgeon General approves his application for retirement.

§ 21.182 Referral of records to retirement boards.

(a) If an officer does not request in writing within one month subsequent 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 Surgeon 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: 10 U.S.C. 114, 1216 and sec. 211, 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.

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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. In lieu of reimbursement for actual expenses authorized under this Section, officers assigned to the Commissioned Officer Student Training and Extern Program may be authorized a cash allowance in an amount determined by the Assistant Secretary for Health, or his designee. [38 FR 35467, Dec. 28, 1973]

Subpart L-Uniforms

AUTHORITY: Sec. 15, 58 Stat. 690; 42 U.S.C. 216, unless otherwise noted.

MALE OFFICERS

§ 21.211 Generally.

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, 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.

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 FR 9806, Dec. 12, 1956, as amended at 23 FR 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 FR 5670, July 26, 1958]

§ 21.223 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.

[21 FR 9806, Dec. 12, 1956. Redesignated at 23 FR 5670, July 26, 1958]

MALE AND FEMALE OFFICERS

§ 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 placed on the uniform that the staff of the caduceus is vertical and the anchor is pointing inward.

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cumstances under which uniforms need not be worn.

§ 21.236 Uniform of the day; certain offi

cers.

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)

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 Secretary may wear Public Health Service insignia.

(Sec. 510, 58 Stat. 711, as amended; 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 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.

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

Subpart M-Decorations

AUTHORITY: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216, E.O. 9993, 13 FR 5093, as amended 3 CFR 1943-1948 comp.

§ 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 authorization 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 of an Army type uniform, as prescribed in Army regula

tions (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 officers 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: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216.

GENERAL PROVISIONS

§ 21.261 Applicability.

The provisions of this subpart shall apply to all commisioned 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 Uniform Code of Military Justice, 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.

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