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]+

Subpart L-Uniforms

AUTHORITY: §§ 21.211 to 21.242 issued under 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, 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 minlature 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 16 inch high and 1/16 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; 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)

service.

(a) Decorations evidencing 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 regulations (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 SpanishAmerican 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: §§ 21.261 to 21.322 issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216.

The provisions of this subpart shall apply to all commissioned officers, whether on leave, active duty, or retired, except that they shall not apply to offcers 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. Offcers 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.

§ 21.262

Orders of superior officers. Officers are required to observe and promptly to obey the lawful orders of the Surgeon General and all other official superiors. Such orders may be written or oral, but all countermanding orders shall be in writing unless the original order was oral and is countermanded by the officer who issued it.

§ 21.263 Officer in charge; designation.

The officer in charge of a station shall have authority over all officers serving with him and shall enforce Service regulations and issue and enforce such lawful orders as he may deem necessary for proper administration of the station. As used in this subpart, "officer in charge" means the officer so assigned by the Surgeon General.

§ 21.264 Officer in temporary charge; designation.

An officer in charge shall designate an officer assigned to his station to act as the officer in temporary charge in the event of his absence, disability, or death. Such designation may be made without regard to rank or professional category.

§ 21.265 Officer in temporary charge; authority.

An officer in temporary charge shall make no substantial changes in the regular routine of the station unless such changes are found to be necessary from conditions of emergency or changed circumstances. Any order making such change together with the reasons therefor shall be entered in the files of the station over the signature of the officer in temporary charge.

§ 21.266

Official correspondence.

All official communications written by officers relative to matters of official business shall be forwarded through the officer in charge.

§ 21.267 Furnishing information.

No officer shall publish or furnish for publication any official reports of current statistics of the operations of the Service or any information concerning the Service without authority from the Surgeon General; nor shall an officer publish or offer for publication any article dealing with professional subjects or the policy of the Service unless the article shall have been submitted to and approved by the Surgeon General or his designated representative. No reports or informa

(c) Excessive use of drugs or intoxicating liquors.

(d) Conduct tending to bring discredit upon the officer or upon the Service, or upon both.

(e) Financial irregularities.

(f) Use of language disrespectful of official superiors or other officers.

(g) Any publication or public statement impugning the professional competency or personal character of another officer.

(h) Waste of public property or knowingly permitting such waste.

(i) Conviction of a felony or an offense involving moral turpitude.

(j) Willful submission of false information in application for appointment or in any proceeding of the Service.

(k) Abusive treatment of subordinate officers or employees, of patients or beneficiaries of the Service, or of members of the public in their dealings with the Service.

(1) Absence without leave.

(m) Violation of any regulation prescribed for the government of the Service.

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

§ 21.270 Summary punishment.

(a) Officer in charge. The officer in charge may impose upon an officer subject to his authority the following punishment for misconduct during any period when the latter was so subject: (1) Private reprimand; and (2) suspension of privileges pending immediate report of such misconduct to and instructions from the Surgeon General.

(b) The Surgeon General. If an offcer is absent without leave for 30 or more days during a calendar year, the Surgeon General may recommend to the Secretary that the commission of such officer be terminated and if the Secretary approves such recommendation, the commission of such officer shall be terminated. If the Surgeon General so determines, he may refer any case of absence without leave to a board of investigation for investigation and recommendations in accordance with the provisions of this subpart.

(c) Recording of action taken. Any action taken pursuant to this section shall be entered on the service record of the officer. Such entry shall include the date and nature of the offense and the action taken.

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

§ 21.271 Leave of absence during pendency of charges.

An officer authorized to grant leave of absence shall not grant leave to an officer against whom charges are pending, but requests for leave at that time shall be referred to the Surgeon General for action.

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

§ 21.272 Grievances.

If any officer shall consider himself aggrieved by another officer and shall fail to secure an adjustment of the matter to his satisfaction, he may report such fact in writing through the officer in charge to the Surgeon General. [21 FR. 9806, Dec. 12, 1956. Redesignated at 23 F.R. 5670, July 26, 1958]

§ 21.281

BOARDS OF INVESTIGATION

Order to appear before board; time limitations.

When an officer is charged by his superior officer, or by any responsible person or persons, with conduct constituting a ground for disciplinary action under this subpart, he may be ordered to appear before a board of investigation, but no officer shall be so ordered to appear or punished for any offense connected with the Service committed more than one year before the issuance of such order. Any period during which an officer is outside the continental United States or in Alaska or any period during which discovery of the offense was prevented by the giving of false information by or in

The board shall hear the case and make a report of its findings. If the accused officer is found guilty, the board shall make recommendations as to punishment which shall be limited to the following:

(a) Dismissal from the Service.

(b) Reduction of grade, with a specific recommendation with regard to promotion credit and seniority in the grade to which reduced.

(c) Loss of seniority with a specific recommendation with regard to promotion credit.

(d) Official reprimand by circular letter.

(e) Official reprimand by the Surgeon General.

(f) Any combination of the punishments prescribed in paragraphs (b), (c), (d) and (e) of this section.

§ 21.285 Service representative.

In connection with any proceeding before a board of investigation, the Surgeon General shall detail an officer of the Service, not liable to be summoned as a witness, to prepare a statement of the charges and specifications against the accused officer and to act in the interest of the Government as Service representative before the board. The Service representative shall not be a member, and shall be independent of the control, of the board. The Service representative shall investigate all the circumstances of the case. All persons connected with the Service shall furnish the Service representative with such information within their knowledge as he may request. He