activity in which the accident or incident occurred: Provided, That where two or more such activities are concerned the senior of the Commanding Officers concerned will decide which of them will have immediate responsibility for the investigation.

(c) Type of investigation. Upon making the determination required of him by § 15.25, the Commanding Officer immediately responsible for the conducting of the investigation into the accident or incident, will refer the matter, with all the available information relating thereto, to an investigating officer, or an examining officer, or to properly convened board of investigation.

§ 15.28 Transfer or assignment of claim. No transfer or assignment of any interest in any claim which is adjusted under this part, and no power of attorney, order or other authority for receiying payment thereof, except as authorized by 31 U.S.C. 203 will be recognized.

§ 15.29 Appeals. Any claimant may appeal to the Secretary of the Treasury for a review of the adjustment or determination of his claim. Such appeal shall be made in writing and shall be addressed to the Secretary of the Treasury, Washington 25, D. C.

Acceptance

by

20.55-1

§ 15.30 Release. claimant of any amount found to be due and payable under the provisions of this part shall be deemed to be in full satisfaction and settlement of such claim against the Government of the United States and no formal release will be necessary.

§ 15.31 Authorization for issuance of administrative instructions. The Commandant is hereby authorized to issue such administrative instructions not in conflict with this part as may be necessary from time to time to give full force and effect thereto.

20.55-5 20.55-10 20.55-15

Application for commission or warrant.

Fingerprint record.

Correspondence courses.

Statement regarding pension from the government.

20.55-20 Personal history statement.

Petition for review.

CROSS REFERENCES: For description of Coast Guard organization see Part 1, General Organization and Jurisdiction, of this chapter, supra. For description of procedures dealing with merchant marine activities in particular see Parts 1 to 4, inclusive, of Title 46, infra.

AUTHORITY: §§ 20.01-1 to 20.85-70, inclusive, issued under R.S. 4403, 23 Stat. 118, 38 Stat. 800 as amended, Pub. Law 404, 79th Cong., 60 Stat. 237; 46 U.S.C. 2, 372, 14 U.S.C. and Sup., 1, 5 U.S.C., Sup., 1001 et seq. Reorg. Plan No. 3 of 1946; Title 3, Chapter IV, supra.

SOURCE: §§ 20.01-1 to 20.85-70, inclusive, contained in Procedures, Acting Secretary of the Treasury, effective Sept. 11, 1946, 11 F.R. 177A-77, 12095.

Subpart 20.01-General Procedures

§ 20.01-1 Theory of chain of command. The Commandant, U. S. Coast Guard, is charged with the duty of directing the activities of the Coast Guard; however, certain administrative staffs have been provided to assist him in the performance of his responsibility. The chain of command ordinarily runs from the Commandant to the District Commander, and in turn from the District Commander to the commanding officer or officer in charge of a particular operating unit.

§ 20.01-10 Commandant's decisions. The Commandant is directed, under the law, to administer the functions of the Coast Guard. His authority is derived from statutes, regulations promulgated pursuant thereto, executive orders, and proclamations, which cover the finality of decisions made by him.

§ 20.01-20 District Commanders' decisions. The District Commanders are regarded as staff officers of the Commandant and as such are authorized to take definitive action on matters provided they do so by virtue of the proper delegation of authority.

§ 20.01-30 Field units' decisions. The field units perform certain duties and make decisions under the direction and supervision of the District Commander. Generally their authority comes either from the Commandant or the District Commander, however, in addition the Captain of the Port derives certain authority over the anchorage and movement of vessels from 50 U. S. C. 191 and 191c and the regulations promulgated pursuant thereto.

Subpart 20.15-Entrance Requirements for Coast Guard Academy

§ 20.15-1 Application. An applicant who is able to meet the requirements set forth in § 4.2 of this chapter and Coast Guard Form 144-Regulations governing appointment to cadetship, and special notice of examination, which forms may be obtained from the Commandant, U. S. Coast Guard, Coast Guard Recruiting offices, or the United States Coast Guard Academy, and who desires to enter the Academy should execute one copy of Coast Guard form 9530, Application to take the examination for appointment as a cadet, which form may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy. This form will be approved or disapproved by the Commandant, U. S. Coast Guard, whose decision is final. The applicant will be notified of the decision of the Commandant by letter.

§ 20.15-5 Preliminary physical examination. Before filing an application

or preparing for an examination, a candidate must be examined thoroughly by a competent physician, the results of which are tabulated on Coast Guard form 9530A, Preliminary physical examination record, which form may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy, to determine whether or not he can meet the physical requirements set forth in Appendix A of Coast Guard form 144, which form will be approved or disapproved by the Commandant by letter.

§ 20.15-10 Educational questionnaire. This questionnaire, Coast Guard form 9530B, may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy, is not an application nor does it take the place of any information required by the Coast Guard in connection with applications. It is for the information of the Academy and is to be mailed directly to the United States Coast Guard Academy, New London, Connecticut.

§ 20.15-15 Transcripts of education. Each candidate must submit one or more copies of Coast Guard forms 9539, Certificate for accredited college, university, or technological school, and 9539A, Certificate for preparatory school or public high school, which forms may be obtained from the Commandant, Coast Guard Recruiting Offices, or the Coast Guard Academy, which forms are approved or disapproved by the Commandant, on the basis of the requirements listed in the regulations in Part 4 of this chapter, and Coast Guard form 144, which form may be obtained from the Commandant, U. S. Coast Guard, Coast Guard Recruiting Offices, or the U. S. Coast Guard Academy. The applicant will be notified of the decision of the Commandant by a letter, whose decision is final.

§ 20.15-20 Review and rating of examination papers. The papers of candidates will be examined and rated by commissioned officers of the Coast Guard. After the papers have been rated, a board of commissioned officers of the Coast Guard, appointed by the Commandant, will consider applicants who have attained a passing grade according to the procedure set forth in § 4.7 of this chapter.

§ 20.15-25 Final physical examination; appointments. Candidates who are

considered eligible will be required to report to the Coast Guard Academy, New London, Connecticut, where they will be given a final physical examination by a board of medical officers of the Public Health Service. Candidates who successfully pass this physical examination will be issued appointments as cadets, except, the number appointed is discretionary with the Secretary of the Treasury and will depend upon the needs of the service at the time.

Subpart 20.20-Coast Guard Auxiliary

§ 20.20-1 Application for membership. A candidate for membership in the Auxiliary shall make application on Coast Guard form 2730, in accordance with the requirements set forth in § 5.3 of this chapter.

§ 20.20-10 Admission to membership. An applicant who is accepted for membership will be issued a membership certificate, Coast Guard form 2737-A and an Identification Card, Coast Guard form 2650, under the conditions set forth in § 5.3 of this chapter.

Subpart 20.30—Claims

§ 20.30-1 General. The General Claims Regulations in Part 15 of this chapter are prescribed to govern the administration of claims for damage to or loss or destruction of property, or for personal injury or death, caused by Coast Guard personnel or civilian employees of the Coast Guard, while acting within the scope of their employment, or otherwise incident to the activities of the Coast Guard, when the Coast Guard is not operating as a part of the Navy.

§ 20.30-5 Bailed personal property and use and occupancy of real property. Claims for damage to or loss or destruction of such property are payable under §§ 15.7 and 15.8 of this chapter; however, if deemed in the best interest of the Government, they may be processed as contract claims through the General Accounting Office.

§ 20.30-10 Contract claims. Claims for damage to such property, except those under § § 15.7 and 15.8 of this chapter, are normally not payable under the provisions of Part 15 of this chapter; however, any claim which is apparently within the provisions of the act of March 20, 1946 (Pub. Law 327, 79th Cong., 60 Stat. 56), but appears to be

founded in contract, express or implied, will be forwarded with related files and recommendations by or through the Commander of the cognizant Coast Guard district or activity to the Commandant for appropriate administrative action.

§ 20.30-15 Form of claim and place of filing. Claims should be submitted in triplicate in accordance with the requirements set forth in § 15.22 of this chapter, or by using Coast Guard Form 2880-General Claims-whenever practicable. These forms may be obtained from the Commandant, District Commanders, and independent units, and should be filed with the nearest commanding officer of the activity involved or with the Commandant, Washington 25, D. C.

Boards of

investigation.

§ 20.30-20 (a) The regulations in § 15.25 of this chapter, provide that if the facts of the case require that a board of investigation be convened it will be convened as prescribed in Article 900-Coast Guard Courts and Boards, 1935. Access may be had to this publication at any Coast Guard office or unit.

(b) The regulations in § 15.25 of this chapter, provide that in the case of a marine casualty involving a Coast Guard vessel and a private vessel or instrumentality, the procedure set forth in the Commandant's letter of March 30, 1943, and section 7-3-5 A, of the Merchant Marine Inspection Instructions shall be followed. Access may be had to these instructions at Coast Guard Headquarters, or the office of any District Commander.

- § 20.30-25 Approval of claims. Subject to appeal to the Secretary of the Treasury, claims under the provisions of Part 15 of this chapter may be approved or disapproved by the Commandant, Assistant Commandant, or the Chief Counsel, U. S. Coast Guard. These claims when approved as aforesaid will be forwarded to the appropriate certifying officer for certification as provided in Chapter XVI, Pay and Supply Instructions, U. S. Coast Guard. Access may be had to this publication at any Coast Guard office or unit.

§ 20.30-30 Appeals. The regulations in 15.29 of this chapter provide that any claimant may appeal to the Secretary of the Treasury for a review of the

adjustment or determination of his claim. Such appeal shall be made in writing and shall be addressed to the Secretary of the Treasury, Washington 25, D. C.

§ 20.30-35 Claims in excess of $500. Claims in excess of $500 ($1,000 in time of war) if otherwise within the scope of the regulations in Part 15 of this chapter may be reported pursuant to the proIcedure as set forth in § 15.20 of this chapter.

Subpart 20.40-Courts Martial

§ 20.40-1 Offenses against military discipline. These offenses are punishable by Coast Guard Courts under the jurisdiction set forth in 14 U. S. C., Chapter 5. The only aspect of such courts martial not relating solely to the internal management of the Coast Guard rests upon the right of the accused or the defendant to employ civilian counsel to represent him in the trial. This right may be exercised at the time of arrest, the service of charges, or at any subsequent stage of the proceedings. The regulations governing court martial trials and procedures are contained in a publication known as "Coast Guard Courts and Boards, 1935." Civilian counsel may have access to this publication at any Coast Guard office or unit.

Subpart 20.50-Contracts

§ 20.50-1 Procurement of supplies and services. In procuring supplies and services the Coast Guard uses Standard Government Contract forms and procedures, which are supplemented by forms containing contract conditions peculiar to the Coast Guard. Invitations for bids are solicited from prospective bidders as well as posted in public places. Contract forms and supplemental material are available at the time of the solicitation of the bid, or these forms may be obtained upon request from Coast Guard Headquarters and from field offices.

Subpart 20.55-Coast Guard Reserve

§ 20.55-1 Application for commission or warrant. A person who desires to be appointed in the Coast Guard Reserve must execute Coast Guard form 2725, which form may be obtained from the Commandant, U. S. Coast Guard, or the District Commander of any Coast Guard District. This form must be executed

in duplicate and submitted to the Procurement Division at Coast Guard Headquarters, Washington, D. C., or to the District Commander, of the district in which the applicant resides. The approval of the Commandant will be based upon existing regulations, which may be inspected at Coast Guard Headquarters, Washington, D. C., or at any Coast Guard field office, and on the needs of the Coast Guard. The applicant will be notified by letter of the decision of the Commandant, which decision is final.

§ 20.55-5 Fingerprint record. A person submitting an application for a commission in the Coast Guard Reserve must submit Coast Guard form 2515, Fingerprint record, obtainable from the Commandant, U. S. Coast Guard, or any of the district offices, which must be presented in person at Coast Guard Headquarters, any district office, or to local police who will make the impressions. This form is then submitted with the application referred to in § 20.55-1.

§ 20.55-10 Correspondence courses. A person submitting an application for a commission must execute a form entitled "agreement to enroll in correspondence courses", obtainable from the Commandant, U. S. Coast Guard, or any district office. This formal agreement in duplicate to enroll in such correspondence courses as may be designated from time to time is furnished as a supporting paper to the application.

§ 20.55-15 Statement regarding pension from the government. A person submitting an application for a commission in the Coast Guard must submit a sworn statement in duplicate that he is not drawing nor has he a claim pending, on account of his own service, for a pension, disability allowance, disability compensation, or retired pay from the government of the United States, which statement is furnished as a supporting paper to the application for a commission.

§ 20.55-20 Personal history statement. A person submitting an application for a commission in the Coast Guard Reserve must submit Coast Guard form 2527, Personal history statement, which form may be obtained from the Commandant, U. S. Coast Guard, which is submitted as a supporting paper to the application.

Subpart 20.60-Enlistments

§ 20.60-1 Application. A person who desires to enlist in the Coast Guard shall execute one copy of Coast Guard form 2520, obtainable from any Coast Guard Recruiting office, and submitted to the recruiting officer who will approve or reject such application on the basis of Regulations for the U. S. Coast Guard 1940, as amended, which may be inspected at any district office. Any person aggrieved by a decision of the recruiting officer may appeal to the Commandant, U. S. Coast Guard, Washington, D. C. The individual will be notified of the decision of the Commandant by a letter, whose decision is final.

Two

§ 20.60-5 Enlistment contract. copies of Coast Guard form 2500 will be prepared by the enlisting officer for enlistment or re-enlistment in the regular 'establishment of the Coast Guard or Coast Guard Reserve.

§ 20.60-10 Special enlistment contract. Two copies of Coast Guard form 2500B are prepared by the enlisting officer for enlistment in the Special Temporary Establishment of the Coast Guard. The original of this form will be sent to the Commandant, United States Coast Guard, Washington, D. C., and the copy will accompany the jacket of the particular man.

§ 20.60-15 Consent of parent or guardian. In the case, a minor, under the age of 21 years, desires to enlist in the Coast Guard, the parent or guardian must consent to such enlistment by executing two copies of Coast Guard form 2551, which will be mailed or sent to the parent or guardian by the Coast Guard Recruiting officer, and is a supporting paper to the application.

§ 20.60-20 Report of police record. When a candidate for enlistment submits his application for enlistment in the Coast Guard, the Recruiting Officer mails a copy of Coast Guard form 2679 to the Chief of police, of the locality where the applicant resides requesting that he furnish certain information concerning the applicant, and is a supporting paper to the application.