Executive Order 9655—Regulations Relating to Commissioned Officers and Employees of the Public Health Service

By virtue of the authority vested in me by the Public Health Service Act, approved July 1, 1944 (58 Stat. 682), and as President of the United States, I hereby prescribe the following regulations relating to commissioned officers and employees of the Public Health Service: Part 1-Definitions SECTION 1.1 Meaning of terms. As used in these regulations, the term: (a) "Act" means the act approved July 1, 1944, 58 Stat. 682, entitled "An Act to consolidate and revise the laws relating to the Public Health Service, and for other purposes." (b) "Administrator" means the Federal Security Administrator. (c) "Agency" means the Federal Security Agency. (d) "Service" means the Public Health Service. (e) "Surgeon General" means the Surgeon General of the Public Health Service. (Sec. 215, 58 Stat. 690; 42 U.S.C., Sup., 216) Part 2-Commissioned Corps SUBPART A-DEFINITIONS Sec. 2.1 Meaning of terms. SUBPART B-RANK AND PRECEDENCE 2.11 Generally. 2.12 Officers of Regular Corps appointed above assistant grade. 2.13 Rank with Coast Guard officers. SUBPART C-TITILES 2.21 Officers other than medical officers. 2.22 Scientist officers; designation of specialties. 2.23 Military titles. SUBPART D-APPOINTMENT Provisions Applicable Both to Regular Corps and Reserve Corps Sec. 2.31 Submission of application and evidence of qualification. 2.32 Physical examination. 2.34 False statements as disqualifications. 2.35 Eligibility; junior assistant grade. 2.36 Eligibility; assistant grade. 2.37 Eligibility; senior assistant grade. 2.38 Eligibility; grades above senior assistant grade. 2.39 General service. 2.40 Certification by candidate. Provisions Applicable Only to Regular Corps 2.51 Professional examination; junior assistant grade. 2.52 Professional examination; assistant grade. 2.53 Professional examination; senior assistant grade. 2.54 Professional examination; grades above senior assistant grade. 2.55 Rating values. 2.56 Minimum required rating; certification of physical fitness. 2.57 Re-examination. 2.58 Merit roll. Provisions Applicable Only to Reserve Corps 2.71 Examination. 2.72 Students. SUBPART E-INCREASED PAY AND ALLOWANCES 2.81 Foreign service; increased allowances. 2.91 Duty requiring intimate contact with leprosy patients; additional pay. SUBPART F-ALLOTMENTS 2.101 Generally. 2.102 On active duty or traveling outside continental United States. SUBPART G-LEAVE Definitions 2.111 Meaning of terms. Leave of Absence 2.116 Accumulation of leave. 2.117 Carrying over accumulated leave during continued service; terminal leave. 2.118 Granting of leave. 2.119 Officers on detail. Sick Leave 2.126 Reporting of absence; granting of leave. 2.127 Prolonged or frequent absence; review of status. SUBPART H-PROMOTIONS Promotions Applicable Both to Regular Corps and Reserve Corps 2.131 Consideration of qualifications. 2.132 Physical examination. 2.133 Effect of disciplinary action. Provisions Applicable Only to Regular Corps Sec. 2.141 Eligibility; required length of service. 2.142 Professional examination. 2.143 Delayed examination; effective date of promotion. 2.144 Promotions formerly prohibited; effective date. 2.145 Minimum requirements; certification. Provisions Applicable Only to Reserve Corps 2.151 Eligibility. 2.152 Professional examination. 2.153 In time of war or national emergency. SUBPART I-SEPARATION OF CERTAIN OFFICERS 2.161 Separation of officers of Regular Corps originally appointed in or above senior assistant grade. SUBPART J-RETIREMENT For Disability 2.171 Meaning of terms. 2.172 Generally. 2.173 Effective date. 2.174 Duration. 2.175 Termination; Regular Corps; recall to active duty. 2.176 Termination; Reserve Corps. 2.177 Retired officer; review of disability. 2.178 Relapse after recovery. 2.179 Board to consider entitlement to, or continuation of, retirement status. 2.180 Failure to undergo examination or supply information. 2.181 Action by Surgeon General and Administrator 2.182 Presumptions. 2.183 Transmission of information to certain agencies. 2.184 Effective date. For Age 2.196 Recall to active duty in time of war. SUBPART K-DETAIL ON LEAVE WITHOUT PAY 2.201 Generally. 2.202 Requirements. SUBPART L-UNIFORMS Male Officers 2.211 Generally. 2.212 Correspondence with Army uniforms in certain cases. Female Officers 2.221 Generally. 2.222 Correspondence with Army Nurse Corps uniforms in certain cases. 2.223 Nurses, dietitians, and physical therapists; working uniforms. 2.224 Nurses, on detail to States. Male and Female Officers 2.231 Insignia. 2.232 Wearing of uniforms in time of war. 2.233 Wearing of uniforms in time of peace. 2.234 Uniform of the day; generally. 2.235 Uniform of the day; certain officers. 2.236 Wearing of uniforms; inactive, retired, or former officers. Other Persons 2.241 Persons authorized to wear similar insignia or uniforms. 2.242 Wearing of certain insignia, or of ornamental jewelry resembling insignia. SUBPART M-DECORATIONS 2.251 Military, naval, or foreign government decorations. 2.252 Wound or service chevrons. 2.253 Other medals, ribbons, or badges. SUBPART N-DISCIPLINE General Provisions 2.261 Applicability. 2.262 Orders of superior officers. 2.263 Officers in charge; designation. 2.264 Officer in temporary charge; designation. 2.265 Officer in temporary charge; authority. 2.266 Official correspondence. 2.267 Furnishing information. 2.268 Letters of recommendation. 2.269 Outside employment. 2.270 Reporting when detailed. 2.271 Misconduct. 2.272 Summary punishment. 2.273 Leave of absence during pendency of charges. 2.274 Grievances. Boards of Investigation 2.281 Order to appear before board; time limitations. 2.282 How convoked. 2.283 Composition. 2.284 Authority. 2.285 Service representative. 2.286 Notice of charges; right to counsel. 2.287 Presiding officer. 2.288 Recorder. 2.289 Stenographer. 2.290 The record. 2.291 Oath of board members. 2.292 Affirmations. 2.293 Oath of recorder and stenographer. 2.294 Sessions. 2.295 Challenges. 2.296 List of witnesses. 2.297 Reading of charges and specifications. 2.298 Plea to charges. 2.299 Plea in bar. 2.300 Preliminary instructions to witnesses. 2.301 Calling of witnesses; oath. 2.302 Verification of testimony. 2.303 Witness fees. 2.304 Evidence; admissibility. 2.305 Depositions. 2.306 Order of examination. 2.307 Testimony of accused. 2.308 Defense rebuttal. 2.309 Reply of Service representative. 2.310 Close of hearing. 2.311 Consideration by board. 2.312 Findings and recommendations of board. 2.313 Recommendations of board. 2.314 Report to accompany record. 2.315 Transmittal of record and report. Action Upon Findings and Recommendations of Board 2.321 Action by Surgeon General. 2.322 Action by Administrator. 2.323 Action by President. AUTHORITY: Sections 2.241 and 2.242 issued under sec. 510, 58 Stat. 711; 42 U.S.C., Sup., 228; secs. 3.1 and 3.2 issued under sec. 209 (g), 58 Stat. 687; 42 U.S.C., Sup., 210 (g). All other sections issued under sec. 215, 58 Stat. 690; 42 U.S.C., Sup., 216; additional authorities are listed in parentheses at the end of specific sections. SUBPART A-DEFINITIONS SEC. 2.1 Meaning of terms. The term "commissioned officer" or "officer" as used in this part, unless otherwise specified, refers both to officers of the Regular Corps and officers of the Reserve Corps. SUBPART B-RANK AND PRECEDENCE SEC. 2.11 Generally. The order of rank and precedence in the Service of officers shall be according to seniority of appointment, as follows: Surgeon General, Deputy Surgeon General, Assistant Surgeons General, chiefs of divisions, officers in the director grade, officers in the senior grade, officers in the full grade, officers in the senior assistant grade, officers in the assistant grade, and officers in the junior assistant grade. Officers of the Reserve Corps on active duty shall take rank and precedence with and after officers of the Regular Corps in the same grade. The rank and precedence among officers of the Reserve Corps shall be according to seniority of original appointment in the grade in which the officer is serving. SEC. 2.12 Officers of the Regular Corps appointed above assistant grade. In determining the rank and precedence of officers appointed above the grade of assistant there shall be counted the number of years of constructive service which are authorized by law to be counted for purposes of pay and pay period. SEC. 2.13 Rank with Coast Guard Officers. Officers shall rank with commissioned officers of the Coast Guard according to date of appointment in their respective grades, as follows: Surgeon General with Rear Admiral (upper half), Deputy Surgeon General and Assistant Surgeons General with Rear Admiral (lower half), director with captain, senior grade with commander, full grade with lieutenant commander, senior assistant grade with lieutenant, assistant grade with lieutenant (junior grade), and junior assistant grade with ensign. SUBPART C-TITLES SEC. 2.21 Officers other than medical officers. The titles of officers, other than medical officers, in the junior assistant, assistant, senior assistant, full, and senior grades shall be the same as the titles of medical officers in such grades prescribed in section 206 (b) of the Act, except that for the term "surgeon" there shall be substituted "dental surgeon," "sanitary engineer," "pharmacist," "nurse officer," "scientist," "dietitian," "physical therapist," or a similar term descriptive of the specialty of such class of officers. The titles of officers, other than medical officers, in the director grade shall be the same as the title of medical director, except that for the term "medical" there shall be substituted "dental," "sanitary engineer," "pharmacist," "nurse," "dietitian," "physical therapist," "scientist," or a similar descriptive term. The titles of officers, other than medical officers, in the grade of Assistant Surgeon General shall be the same as the title of Assistant Surgeon General, except that they shall include a parenthetical identification, such as "dental" or sanitary engineer." (Sec. 206 (b), 58 Stat. 685; 42 U.S.C. Sup., 207 (b)). SEC. 2.22 Scientist officers; designation of specialties. Scientist officers, in using their titles in correspondence outside the Agency and in the programs of scientific meetings, any designate their specialty in parentheses following their title, as for example, Senior Scientist Richard Roe (Entomologist). (Sec. 206 (b), 58 Stat. 685, 42 U.S.C., Sup., 207 (b)). SEC. 2.23 Military titles. An officers in uniform may use, for purposes of informal identification and address, the military or naval title of rank corresponding to the grade markings worn. An officer detailed for duty with the Army, Navy, Coast Guard, or Coast and Geodetic Survey shall use in official correspondence the title of military or naval rank corresponding to the grade markings worn, as, for example, Richard Roe, Major, U. S. P. H. S., or Richard Roe, Lieutenant Commander, U. S. P. H. S. SUBPART D-APPOINTMENT Provisions Applicable Both to Regular Corps and Reserve Corps SEC. 2.31 Submission of application and evidence of qualifications-(a) Application form. Every candidate for appointment as an officer shall submit a written application on such form as may be prescribed by the Surgeon General. The application form shall include statements as to date and place of birth, legal residence, academic and professional education, citizenship, and health history, and such other pertinent information as the Surgeon General may require. (b) Documentary evidence, photograph, and testimonials. The application shall be accompanied by: (1) Documentary evidence of (i) date and place of birth (birth certificate if obtainable); (ii) graduation from professional school; (iii) United States citizenship in the case of an applicant of foreign birth; and (iv) registration as a graduate nurse under the nurse practice act of a State, Territory, or the District of Columbia in the case of a nurse; (2) a recent photograph; and (3) two recent testimonials of character and professional qualifications. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209). SEC. 2.32 Consideration of qualifications. The Surgeon General shall from time to time appoint boards of officers to examine the qualifications of candidates for appointment as officers. Such boards shall consist of three or more officers, the majority of whom, so far as practicable, shall be of the same profession as the candidate. Such boards shall review the health history, record of physical examination, and the evidence of educational and professional training and experience and of character; shall conduct the oral and written professional examinations provided for in these regulations; shall report to the Surgeon General their finding whether a candidate is generally qualified and is qualified physically, educationally, and professionally, and shall assign a relative numerical rating to each candidate for appointment in the Regular Corps who completes the examination. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup. 209). SEC. 2.33 Physical examinations. Every candidate for appointment as an officer shall undergo a physical examination at such place and by such officers of the Service as the Surgeon General may direct. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209). SEC 2.34 False statements as disqualification. Wilfully false statements shall be cause for rejection of the application or, as provided in the regulations governing the discipline of officers, for summary dismissal. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.35 Eligibility; junior assistant grade-(a) Requirements; all candidates. Except as provided in section 2.72, every candidate for appointment in the grade of junior assistant: (1) shall be a citizen of the United States; (2) shall be at least 18 years of age; (3) shall have been graduated from an accredited high school or possess equivalent college entrance requirements; (4) shall have completed the prescribed course in a reputable school and have been granted a degree or a certificate in the profession in which the examination is being held; and (5) shall present evidence of general suitability, including professional and personal fitness. (b) Requirement; nurse officers, dietitians, and physical therapists. Every candidate for appointment as a nurse officer, dietitian, or physical therapist shall be female. (c) Special requirements; nurses. Every candidate for appointment as a nurse officers: (1) shall have been graduated from a State-accredited school of nursing connected with a hospital having a daily census of not less than 50, and offering adequate nursing experience in medicine, surgery, pediatrics, and obstetrics, at the time of graduation of the applicant; and (2) shall be registered as a graduate nurse under the nurse practice act of a State, Territory, or the District of Columbia. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.36 Eligibility; assistant grade-(a) Requirements; all candidates. Except as provided in section 2.72, every candidate for appointment in the grade of assistant: (1) shall meet all the requirements for eligibility for examination for appointment in the grade of junior assistant; (2) shall be at least 21 years of age; and (3) shall have had at least 7 years of educational (exclusive of high school) and professional training or experience. (b) Special requirements; nurses. Every candidate for appointment as a nurse officer shall possess an academic degree, except that a candidate who has had 4 years or more of experience as a nurse in the Army, Navy, or Public Health Service, with a satisfactory record of service, may substitute such experience for the requirement of an academic degree, provided that such experience is of a nature which, in the opinion of the board, qualifies the candidate to perform the duties of a nurse officer. (c) Special requirements; dietitians. Every candidate for appointment as a dietitian shall have been graduated with a bachelor's degree after completion of 4 academic years in an approved college or university with the major study in dietetics including 18 semester hours in a combination of the following subjects: food preparation, nutrition, and institutional management. A candidate who has had 4 years or more of experience as a dietitian in the Army, Navy, or Public Health Service, with a satisfactory record of service, may substitute such experience for the requirement of an academic degree, provided that such experience is of a nature which, in the opinion of the board, qualifies the candidate to perform the duties of a dietitian. (d) Special requirements; physical therapists. Every candidate for appointment as a physical therapist shall possess an academic degree, except that a candidate who has had 4 years or more of experience as a physical therapist in the Army, Navy, or Public Health Service, with a satisfactory record of service, may substitute such experience for the requirement of an academic degree, provided that such experience is of a nature which, in the opinion of the board, qualifies the candidate to perform the duties of a physical therapist. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.37 Eligibility; senior assistant grade. Every candidate for appointment in the grade of senior assistant shall meet all the requirements for eligibility for examination for appointment in the grade of assistant and shall have completed at least 4 additional years of post-graduate professional training or experience. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.38 Eligibility; grades above senior assistant grade. Every candidate for appointment in grades above that of senior assistant shall meet all the requirements for eligibility for examination for appointment in the grade of senior assistant and shall have completed at least 7 additional years of post-graduate training or experience. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.39 General service. Officers shall be appointed only to general service and shall be subject to change of station. SEC. 2.40 Certification by candidate. A candidate before appointment in the Regular Corps, and an officer of the Reserve Corps before assignment to active duty, shall certify that to the best of his knowledge and belief he is free from all disease or injury not noted in his record at the time of his examination and that he is willing and able to serve in any climate. Provisions Applicable Only to Regular Corps SEC. 2.51 Professional examination; junior assistant grade. Every candidate for appointment in the Regular Corps in the grade of junior assistant shall take an oral examination consisting of questions in the fundamentals of his profession and questions in public health, and, in the discretion of the Surgeon General, a written examination in the subjects relating to his profession listed in section 2.52. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.52 Professional examination; assistant grade. Every candidate for appointment in the Regular Corps in the grade of assistant shall take an oral and written examination in the subjects relating to his profession listed in this section: (a) In Medicine: (1) Anatomy, physiology, and biochemistry (2) Materia medica and therapeutics (3) Practice of medicine (4) Practice of surgery (5) Obstetrics and gynecology (6) Hygiene, pathology, and bacteriology A candidate who has passed an examination given by the National Board of Medical Examiners may, at his election, be relieved from being examined in the subjects relating to his profession listed in this section, and, if he so elects, the grades attained by him in the National Board examination shall be used in rating him in such subjects. (b) In Dentistry: (1) Anatomy and oral surgery (2) Pathology and bacteriology (3) Materia medica and physiology (4) Hygiene and radiology (5) Operative and prosthetic dentistry (6) Clinical and laboratory demonstrations A candidate who has passed an examination give by the National Board of Dental Examiners may, at his election, be relieved from being examined in the subjects relating to his profession listed in this section, and, if he so elects, the grades attained by him in the National Board examination shall be used in rating him in such subjects. (c) In Sanitary engineering: (1) Chemistry and bacteriology (2) Mathematics, physics, and hydraulics (3) Water and sewage treatment (4) Design and construction of sanitary projects (5) Industrial hygiene (6) Sanitary science and public health (d) In Pharmacy: (1) Chemistry and drug analysis (2) Practice of pharmacy (3) Materia medica and physiology (4) Pharmacognosy (5) Physiology and hygiene (6) Practical dispensing and laboratory procedures (e) In Scientific specialties related to public health: (1) Mathematics, including statistics (2) Chemistry (3) Biology (4) Physics (5) Specialty, basic (6) Specialty, advanced (f) In Nursing: (1) Medical nursing (2) Surgical nursing (3) Obstetrical nursing (4) Communicable diseases and hygiene (5) Pediatric nursing (6) Psychiatric nursing (g) In Dietetics (1) Chemistry (2) Bacteriology (3) Nutrition (4) Physiology (5) Foods (6) Institutional management (h) In Physical therapy: (1) Anatomy, including applied anatomy (2) Physiology (3) Physical education (4) Physical therapy technique (5) Massage (6) Hydrotherapy (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.53 Professional examination; senior assistant grade. Every candidate for appointment in the Regular Corps in the grade of senior assistant shall take an oral and written examination in the subjects relating to his profession listed in this section: (a) In Medicine: (1) Practice of medicine (2) Practice of surgery (3) Hygiene (4) Epidemiology (5) Pathology and bacteriology (b) In Dentistry: (1) Oral surgery (2) Pathology and bacteriology (3) Hygiene (4) Operative dentistry (5) Prosthetic dentistry (c) In Sanitary engineering: (1) Chemistry and biology (2) Hygiene and epidemiology (3) Design of sanitary projects (4) Practice relating to water, sewage, and waste. (5) Public health engineering, general (d) In Pharmacy: (1) Pharmaceutical chemistry (2) Materia medica (3) Practice of pharmacy (4) Toxicology and posology (5) Practical dispensing and laboratory procedures (e) In Scientific specialties related to public health: (1) Chemistry (2) Biology (3) Physics (4) Specialty, basic (5) Specialty, advanced (f) In Nursing: (1) Medical nursing, including communicable disease and hygiene (2) Surgical nursing (3) Psychiatric nursing (4) Obstetrical nursing (5) Pediatric nursing (g) In Dietetics: (1) Bacteriology (2) Nutrition (3) Physiology (4) Foods (5) Institutional management (h) In Physical therapy: (1) Physiology (2) Physical education (3) Physical therapy technique (4) Massage (5) Hydrotherapy (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.54 Professional examination; grades above senior assistant grade. Except as provided in section 208 (b) of the Act, every candidate for appointment in the Regular Corps in a grade above that of senior assistant shall take a written examination consisting of (a) questions in the fundamentals of the candidate's profession, (b) questions in public health, and (c) an essay written at the time of the examination on a subject with which the candidate feels himself to be well informed by virtue of his professional experience. SEC. 2.55 Rating values. Every candidate for appointment in the Regular Corps shall be rated by a board appointed as provided in section 2.32, as to academic knowledge, professional knowledge, and general fitness for the Service. In the grade of junior assistant, relative values shall be: academic, 20; oral professional, 30; and general fitness, 50. In the grades of assistant and above, relative values shall be: academic, 10; professional, 65 (divided when both are given-oral professional, 15; written professional, 50); and general fitness, 25. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.56 Minimum required rating; certification of physical fitness. No candidate who receives a final rating below 80 or who is not certified as physically qualified shall be appointed to the Regular Corps. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.57 Re-examination. A candidate who fails to receive a final rating of 80 may be permitted to take a second examination after one year, but may not be permitted to take a third examination. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.58 Merit roll. Each board which conducts the examination of candidates shall submit a report to the Surgeon General of the ratings and relative standings of all candidates examined by such board for each of the several grades with recommendations in each case. The Surgeon General shall submit each such report with his recommendations to the Administrator and, if approved by the Administrator, each report shall constitute a merit roll and shall serve as the basis for nomination by the President of persons to be commissioned officers of the Regular Corps. A board appointed pursuant to section 2.32 may consider any newly-discovered evidence relating to the physical, professional, or personal qualifications of any candidate on a merit roll. Upon recommendation of such board after review of such evidence, the Surgeon General, with the approval of the Administrator, may disqualify a candidate or reduce his rating and relative standing on such a merit roll. The placing of a candidate's name on a merit roll shall give no assurance of an appointment. A merit roll shall expire when a new merit roll in the same profession and grade has been established, but no merit roll shall continue in effect longer than two years after its approval by the Administrator. Every candidate not appointed whose name appears on an expired merit roll shall be rated with the next group of candidates of the same profession for appointment in the same grade. At his election, any such candidate may be relieved from the written professional examination, if any, and if he so elects, the grades attained by him in the written professional examination, if any, which resulted in his name being placed on the merit roll shall be used in rating him for the purposes of a new merit roll. At the election of the board, any such candidate may be relieved from the oral professional examination, if any, and if the board so elects, the grades attained by the candidate in the oral professional examination, if any, which resulted in his name being placed on the merit roll shall be used in rating him for the purposes of a new merit roll. The board shall re-rate each such candidate as to academic knowledge and general fitness for the Service. The several merit rolls may be utilized in such manner as will best serve the needs of the Service, Notwithstanding any of the provisions of this section, no candidate's eligibility for appointment shall exceed 2 years unless he again becomes eligible as the result of another examination. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) Provisions Applicable Only to Reserve Corps SEC. 2.71 Examination. A candidate for appointment in the Reserve Corps shall take a physical examination at such place and by such officers of the Service as the Surgeon General may direct. In the discretion of the Surgeon General, an applicant for appointment may be required to present himself before a board or a designated representative of the Service. The professional examination shall consist of an evaluation by the board of the evidence submitted by the applicant pursuant to these regulations as to professional education, training, and experience, including an published professional or scientific articles by the applicant. The board shall also evaluate the evidence submitted by the applicant as to his general aptitude and moral qualifications. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SEC. 2.72 Students. A potential candidate for appointment in the Regular Corps who is pursuing a course of instruction which, upon completion, would qualify him under these regulations for examination for appointment in the junior assistant or assistant grade may be examined for and appointed in the Reserve Corps in the grade of junior assistant or assistant but shall not be called to active duty until the successful completion of such course of instruction. (Sec. 208, 58 Stat. 685; 42 U.S.C., Sup., 209) SUBPART E-INCREASED PAY AND ALLOWANCES SEC. 2.81 Foreign service; increased allowances-(a) Generally. Officers, other than those on sea duty, while on foreign service may receive an additional allowance when authorized by the Surgeon General in accordance with a table of allowances approved by the Administrator and the Director of the Bureau of the Budget. Such table shall be based upon the relative differences in costs of commodities, services, and living and other necessary expenses between foreign places where officers may be on duty and Washington, D.C. Unless otherwise directed by the Surgeon General, such allowances shall continue while an officer is on sick leave or other authorized leave taken during his foreign assignment. (b) Duty other than temporary. An officer on foreign assignment other than temporary may receive such additional allowance beginning with the day of his arrival at his foreign station and continuing through the last day of his duty at such station. Such allowance shall continue while an officer is on travel status in a foreign country away from his official foreign station. (c) Temporary duty. An officer having no official foreign station and who is on temporary foreign assignment may receive such allowance beginning with the day of his arrival in a foreign country in which he performs duty. While such officer is performing duty in such foreign country, the allowance shall be that prescribed for such country. Such allowance shall continue through the last day of his duty in a foreign country. The allowance prescribed for the foreign country in which an officer last performed duty shall be paid to: (1) an officer who performs duty in more than one foreign country during any one day, and (2) an officer who is en route between foreign countries for more than one day. (d) Duty with other agencies. An officer detailed to another agency or activity may receive when on foreign service and when authorized by the Surgeon General, in lieu of the foreign service allowance herein provided, such allowances as may be provided for foreign service by the agency or activity to which detailed under such arrangements as may be made between the Service and such agency or activity. SEC. 2.91 Duty requiring intimate contact with leprosy patients; additional pay. (a) Every officer who is assigned to full-time duty at a station of the Service devoted exclusively to the care of leprosy patients and who is engaged as a physician, dentist, nurse, dietitian, dispensing pharmacist, technician, or otherwise in the diagnosis or treatment of the diseases of such patients shall receive while so assigned, in addition to the pay and allowances of his grade, a sum equal to 50 per centum of the pay of his grade. (b) Every officer who is assigned to full-time duty at a station of the Service devoted exclusively to the care of leprosy patients and who is not entitled to the additional payment of 50 per centum under paragraph (a) of this section shall receive while so assigned, in addition to the pay and allowances of his grade, a sum equal to 25 per centum of the pay of his grade. (Sec. 209 (g), 58 Stat. 687; 42 U.S.C., Sup., 210 (g)). SUBPART F-ALLOTMENTS SEC. 2.101 Generally. An officer on active duty may be permitted to allot a part or all of his monthly pay and allowances for the payment of insurance premiums, the purchase of securities of the Federal Government; or for other proper purposes; provided that no officer without the approval of the Surgeon General, may have in force more than two allotments at one time, exclusive of allotments for insurance premiums. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C. Sup., 210 (c)). SEC. 2.102 On active duty or traveling outside continental United States. An officer on active duty whose permanent or temporary post of duty is outside the continental United States or in Alaska or who, being stationed in the United States, is traveling on official business outside the continental or in Alaska, in addition to allotments for the purposes as indicated in section 2.101, may be permitted to allot a part or all of his monthly pay and allowances for the support of his family or dependents; provided, that no officer, without the approval of the Surgeon General, may have in force more than two allotments at one time, exclusive of allotments for insurance premiums. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). SUBPART G-LEAVE Definitions SEC. 2.111 Meaning of terms. For the purpose of this subpart: (a) A "year" or "leave year" means the period beginning July 1 of any calendar year and ending June 30 of the succeeding calendar year. (b) A "day" means any period of 24 consecutive hours beginning at midnight. (c) "Leave of absence" means any period of one day or more with respect to which the officer is excused from duty, other than sick leave. (d) "Sick leave" means any period of one day or more with respect to which the officer is excused from duty because of sickness, disability, or need of medical services. (e) "Active duty status" with respect to an officer of the Regular Corps means the period from the effective date of his commission to the effective date of his retirement or the termination of his commission. (f) "Active duty status" with respect to an officer of the Reserve Corps means the period from the effective date of his being called to active duty to the effective date of his retirement, of his being returned to inactive duty, or of the termination of his commission. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). Leave of Absence SEC. 2.116 Accumulation of leave. Officers' leave shall accumulate at the rate of 30 days for each full year of active duty status and for any portion of a year at the rate of 1 day for each 12 consecutive days of active duty status. Accumulated leave in excess of 120 days at the end of any leave year shall be cancelled. No leave shall accumulate on the basis of any period of leave of absence immediately preceding the termination of active duty status. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). SEC. 2.117 Carrying over accumulated leave during continued service; terminal leave. Entitlement to leave of absence based upon leave accumulate but not taken shall not survive the termination of a commission, except that leave accumulated as provided in section 2.116 shall remain available to an officer whose commission is terminated but who, without break in active duty status, receives a new commission. The date of the return of an officer of the Reserve Corps to inactive duty, if prior to the expiration of his commission, shall be so fixed as to permit him to take his full accumulated leave and, whether the return be voluntary or involuntary, such return shall not become effective prior to the termination of such leave unless the officer files a written election to waive his right to such leave. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). SEC. 2.118 Granting of leave. Within the limitations prescribed in sections 2.116 and 2.117, leave of absence with pay may be granted, upon application, by the Surgeon General or by any officer designated by him for such purpose, at such time or times and for such periods as are approved by him, provided that leave of absence not exceeding 30 days may be granted as provided herein as an advance of leave not yet accumulated. No period of absence from duty shall be counted as a leave of absence unless authorized in advance or unless the absence and the reasons therefore are reported as promptly as circumstances permit and the absence is excused by the Surgeon General or by an officer to whom authority is delegated for such purpose. Permission for absences of less than one day may be granted orally and shall not be charged as leave of absence, unless the absence is excused by the Surgeon General. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). SEC. 2.119 Officers on detail. The taking and duration of leave of absence by an officer while on detail shall be subject to the approval of the responsible officer of the Executive department, State or political subdivision, or institution to which detailed. The amount of leave so taken shall be reported immediately by the detailed officer to the Surgeon General and deducted from the number of days accumulated as provided in these regulations. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). Sick Leave SEC. 2.126 Reporting of absence; granting of leave. Absence from duty because of sickness, disability, or need of medical services shall be reported immediately. Every such absence in excess of 3 days shall be supported by a medical certificate which shall be furnished promptly upon the termination of such absence. A medical certificate also shall be furnished promptly at the end of each period of 30 days continuous absence. Sick leave may be granted by the Surgeon General or by any officer to whom authority is delegated for such purpose, to the extent that circumstances justify, but it shall not be granted in advance. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). SEC. 2.127 Prolonged or frequent absence; review of status. Absence from duty on account of sickness or disability for a period of more than 90 consecutive days or for an aggregate of more than 120 days in any one year shall be reported to the Surgeon General, who: (a) in the case of an officer of the Regular Corps, or of an officer of the Reserve Corps who may be entitled to retirement pay for disability pursuant to section 211 (a) of the Act, shall determine whether a board shall be appointed to advise whether such officer should be retired; (b) in the case of an officer of the Reserve Corps who is deemed not entitled to retirement pay for disability pursuant to section 211 (a) of the Act, shall determine whether such officer should be continued in active duty status. (Sec. 209 (c), 58 Stat. 686; 42 U.S.C., Sup., 210 (c)). SUBPART H-PROMOTION Provisions Applicable Both to Regular Corps and Reserve Corps SEC. 2.131 Consideration of qualifications. The Surgeon General shall from time to time appoint boards of officers to examine the qualifications of candidates for promotion as officers. Such boards shall consist of three or more officers, the majority of whom, so far as practicable, shall be of the same profession as the candidate. Such boards shall review the health history, record of physical examination, and the evidence of educational and professional training and experience and of character; shall conduct the oral and written professional examinations provided for in these regulations; and shall report to the Surgeon General their finding whether a candidate is qualified generally, physically, educationally, and professionally for promotion. (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). SEC. 2.132 Physical examination. Every candidate for promotion as an officer shall undergo a physical examination at such place and by such officers of the Service as the Surgeon General may direct. (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). SEC. 2.133 Effect of disciplinary action. Nothing contained in this subpart shall be construed to authorize the promotion of an officer if such promotion would be inconsistent with action taken pursuant to the regulations on discipline of officers to reduce the grade, rand, or number of such officers. (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). Provisions Applicable Only to Regular Corps SEC. 2.141 Eligibility; required length of service. (a) Each officer of the Regular Corps, other than a medical, dental, sanitary engineer, or pharmacist officer, shall be examined for promotion to the next higher grade within the period of 90 days immediately preceding the completion of the following number of years of active commissioned service in the Public Health Service in the respective grades: 4 years' service in the grade of junior assistant for promotion to the grade of assistant; 3 years' service in the grade of assistant for promotion to the grade of senior assistant; 9 years' service in the grade of senior assistant for promotion to the full grade; 8 years' service in the full grade for promotion to the senior grade; 6 years' service in the senior grade for promotion to the director grade. (b) For the purpose of promotion of officers originally appointed under the provisions of the act of April 9, 1930, Chapter 125, 46 Stat. 150, actual service shall be counted as equivalent to active commissioned service to the extent which such act authorized. . (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). SEC. 2.142 Professional examination. The professional examination for promotion to the assistant, senior assistant, or full grade in the Regular Corps shall be written and shall consist of questions on the same subjects as provided in the case of original appointment in such grades, and, in addition, questions on Service laws and regulations. The professional examination for promotion to a grade above the full grade in the Regular Corps shall consist of a review and evaluation of the candidate's Service record. . (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). SEC. 2.143 Delayed examination; effective date of promotion. Should it be impracticable for an officer in the Regular Corps because of illness, duty at an isolated post outside the continental United States or in Alaska, or other justifiable cause, to take the examination for promotion to the next higher grade within the 90-day period immediately preceding the completion of the required period of service, the candidate for promotion shall take such examination as soon thereafter as practicable, and should he pass such examination to the next higher grade, such promotion shall be effective from the date of the completion of the required number of years of service. . (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). SEC. 2.144 Promotions formerly prohibited; effective date. An officer in the Regular Corps whose promotion above any grade was prohibited prior to enactment of the Act shall be examined for promotion to the grade to which his length of service would entitle him as soon as practicable after the promulgation of these regulations, and should any such officer pass such examination and otherwise qualify for promotion to the grade to which his length of service makes him eligible, such promotion shall be effective from the date of the completion of the required number of years of service or from the date of approval of the statutory authority for the promotion to such grade, whichever date is later. . (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). SEC. 2.145 Minimum requirements; certification. No officer in the Regular Corps shall be promoted to a higher grade unless the board conducting the examination certifies that the Service record and general fitness of the officer are such as to merit promotion to such grade, and unless in the case of an officer then below the full grade the final average in the professional examination is not below 80. . (Sec. 210 (a), 58 Stat. 687; 42 U.S.C., Sup., 211 (a)). Provisions Applicable Only to Reserve Corps SEC. 2.151 Eligibility. An officer in the Reserve Corps may be examined for promotion to a higher grade when he meets the requirements of age, education, and professional training or experience prescribed in these regulations for eligibility for examination for original appointment in such higher grade. SEC. 2.152 Professional examination. The professional examination shall consist of a review of the officer's Service record, physical condition, experience, and professional qualifications. SEC. 2.153 In time of war or national emergency. When in time of war or national emergency, the Surgeon General finds, with the approval of the Administrator, that the duties and responsibilities which an officer of the Reserve Corps has been or may be assigned, make it appropriate that such officer be appointed to a higher grade, such officer, upon certification by a board that (1) he has served at least 6 months in his present grade, and (2) his Service record is such as to merit promotion to such higher grade, and (3) he appears to be physically qualified to perform the duties of such higher grade, may be appointed to a higher temporary grade with the pay and allowances thereof, without examination and without regard to whether or not such officer meets the requirements of age, education, and professional training or experience provided in these regulations for eligibility for examination for original appointment to such grade, and without affecting his commission, and, if his service shall have been continuous, without renewing his oath of office. SUBPART I-SEPARATION OF CERTAIN OFFICERS SEC. 2.161 Separation of officers of Regular Corps originally appointed in or above senior assistant grade. As soon as practicable after the conclusion of the first three years of service of an officer of the Regular Corps originally appointed in or above the grade of senior assistant, the record of such officer shall be reviewed by a board appointed by the Surgeon General composed of three or more commissioned officers of the Regular Corps, of whom at least one member shall be of the same profession as the officer whose record is under review. If the board finds such officer not fully qualified for further service and if such finding is approved by the Surgeon General and the Administrator, such officer shall be separated from the Service. (Sec. 210 (b), 58 Stat. 687; 42 U.S.C., Sup., 211 (b)). SUBPART J-RETIREMENT SEC. 2.171 Meaning of terms. For the purposes of this subpart, the term: (a) "Retirement" means the retirement of an officer with retired pay for service-connected disability; (b) "Service-connected disability" means in the case of an officer of the Regular Corps a service-aggravated disability or a disability from disease or injury incurred in line of duty, and in the case of an officer of the Reserve Corps a service-aggravated disability or a disability from disease or injury incurred in line of duty in time of war; (c) "Service-aggravated disability" means in the case of an officer of the Regular Corps disability from pre-existing disease or injury aggravated in line of duty, and in the case of an officer of the Reserve Corps disability from pre-existing disease or injury aggravated in line of duty in time of war; (d) "Total disability" means a disability which has continued for 90 days and which totally disables an officer for the useful and efficient performance of the duties of his grade. (e) "Disability from misconduct or willful neglect" means a disability resulting proximately from an act or omission in violation of a statute or regulation specifically applicable to the conduct of an officer, including disability proximately resulting from the unauthorized private practice of an officer's profession, or disability proximately resulting from an act or omission which in itself is immoral, including disability proximately resulting from intentional self-inflicted injury, and disability proximately resulting from the excessive use of drugs or intoxicating liquors. (f) "Recovery" means such recovery by a retired officer from his disability that he is not totally disabled. SEC. 2.172 Generally. An officer shall be retired for service-connected total disability determined to exist in accordance with these regulations. SEC. 2.173 Effective date. Retirement shall be effective on the fist day of the month following the expiration of leave accumulated as the date of the approval by the Administrator of a finding that the officer should be retired pursuant to these regulations or with respect to an officer of the Reserve Corps transferred to inactive duty after July 1, 1944, but before the date of the promulgation of these regulations, on such earlier date as may be prescribed by the Administrator. SEC. 2.174 Duration. Retired pay shall continue for life or until the recovery of the officer. SEC. 2.175 Termination; Regular Corps; recall to active duty. If an officer of the Regular Corps receiving retired pay pursuant to these regulations recovers prior to the date on which he would be retired for age under section 211 (b) of the Act, he shall be recalled to active duty. . (Sec. 211 (d), 58 Stat. 688; 42 U.S.C., Sup., 212 (d)). SEC. 2.176 Termination; Reserve Corps-(a)Termination of retired pay. The retired pay of an officer of the Reserve Corps who recovers shall terminate with the last day of the month in which the Administrator approves a finding that he has recovered. (b) Recall to active duty. If an officer of the Reserve Corps recovers during the period when his commission is in force he shall be subject to call active duty. (Sec. 211 (d), 58 Stat. 688; 42 U.S.C., Sup., 212 (d)). SEC. 2.177 Retired officer; review of disability. Each officer receiving retired pay pursuant to these regulations shall submit to such examinations as the Surgeon General may direct. SEC. 2.178 Relapse after recovery. If an officer who is retired pursuant to these regulations and whose retired pay has been terminated on account of his recovery shall again become totally disabled and if his relapse is not due to any new intervening cause, he shall again become entitled to retired pay. SEC. 2.179 Board to consider entitlement to, or continuation of, retirement status-(a) Appointment. The Surgeon General shall appoint a board of officers to advise him whenever it shall appear to him that an officer may be entitled to retirement under these regulations or that a retired officer may have recovered. (b) Composition. A board shall consist of three or more officers of the Service. The majority of the members shall be medical officers and at least one member shall be of the same profession as the officer whose retirement is being considered. (c) Powers. A board may required an officer whose retirement or the termination of whose retired pay is being considered to undergo such examination by officers of the Service as it may direct and to appear before the board and answer any questions or produce any documents in his possession touching upon his health history or his activities at the time when the alleged disability arose or was aggravated. SEC. 2.180 Failure to undergo examination or supply information. An officer whose retirement or the termination of whose retired pay is being considered under these regulations may be denied retirement pay or his retirement pay may be terminated for willful failure to supply any information or undergo any examination required by a board or by the Surgeon General pursuant to these regulations. SEC. 2.181 Action by Surgeon General and Administrator. The Surgeon General may order the retirement of an officer, the termination of the retired pay of a retired officer, or the recall to active duty of a retired officer of the Regular Corps, or make such other order as may be consistent with these regulations, and may, in any case, direct a board to make further investigation and reports or may dissolve a board and appoint another board to complete the investigation of or re-investigate a case. He shall forward to the Administrator any order granting or denying retirement, terminating retired pay, or recalling to active duty an officer of the Regular Corps, together with the report and recommendations of the board. The Administrator (1) may approve the order made by the Surgeon General, (2) may disapprove such order, or (3) may return it to the Surgeon General for the submission of additional facts. SEC. 2.182 Presumptions. The following presumptions shall be applicable with respect to disability; and they shall be overcome only by a preponderance of the evidence: (a) Good health when appointed. It shall be presumed that every officer at the time of his appointment was free from all disease or injury not noted in his record. (b) Presumption of service-connection of disability-(1) Regular Corps. Every disability from disease or injury not existing at the time of the first active service of an officer of the Regular Corps, except a disability from misconduct or willful neglect, which manifests itself while the officer is on active duty shall be presumed to be a service-connected disability. It shall be presumed that any disability from disease or injury which does not manifest itself within 60 days of the last active service of an officer of the Regular Corps is not a service-connected disability. (2) Reserve Corps. Every disability from disease or injury not existing at the time of the first active service in time of war of an officer of the Reserve Corps, except a disability from misconduct or willful neglect, which manifests itself while the officer is on active duty in time of war shall be presumed to be a service-connected disability. It shall be presumed that any disability from disease or injury which does not manifest itself within 60 days of the last active service in time of war of an officer of the Reserve Corps is not a service-connected disability. (c) Presumption of service-connection of total disability resulting from partial disability previously determined to be service-connected-(1) Regular Corps. Total disability which results during or within 60 days after the active service of an officer of the Regular Corps from a partial disability previously determined in a proceeding under these regulations to be service-connected shall be presumed to be a service-connected disability. (2) Reserve Corps. Total disability which results during or within 60 days after the active service in time of war of an officer of the Reserve Corps from a partial disability previously determined in a proceeding under these regulations to be service-connected shall be presumed to be a service-connected disability. (d) Presumption of service-connection of aggravated disability-(1) Regular Corps. Disability from pre-existing disease or injury aggravated during or within 60 days after the active service of an officer of the Regular Corps shall be presumed to be a service-connected disability. (2) Reserve Corps. Disability from pre-existing disease or injury aggravated during or within 60 days after the active service in time of war of an officer of the Reserve Corps shall be presumed to be a service-connected disability. SEC. 2.183 Transmission of information to certain agencies. The Surgeon General shall forward to the Veterans' Administration or the U. S. Employees' Compensation Commission, upon request, any record or document or a copy or abstract thereof obtained in a proceeding under these regulations. SEC. 2.184 Effective date. Sections 2.171 to 2.183, inclusive, shall be effective as of July 1, 1944. For Age SEC. 2.196 Recall to active duty in time of war. In time of war the Surgeon General may order any commissioned officer of the Regular Corps retired for age to present himself for examination before a board, and may order to active duty any such officer found physically capable of performing the duties to which he may be assigned: Provided, That the tour of duty of any officer so recalled shall not extend beyond the last day of the sixth month following the termination of the state of war. (Sec. 211 (d), 58 Stat. 688; 42 U.S.C., Sup., 212 (d)). SUBPART K-DETAIL ON LEAVE WITHOUT PAY SEC. 2.201 Generally. The Surgeon General, with the approval of the Administrator, may place an officer detailed to a State, a political subdivision thereof, or an institution, pursuant to section 214 (b) or 214 (c) of the Act, on leave without pay for such period as may be agreed upon by the Surgeon General, the State health authority or the head of the institution, and the officer. (Sec. 214 (d), 58 Stat. 690; 42 U.S.C., Sup., 2125(d)). SEC. 2.202 Requirements. No officer shall be placed on leave without pay pursuant to these regulations unless his services on a leave-without-pay basis have been requested by the State health authority in case of a detail to a State or a political subdivision thereof, or by the officer in charge of the institution in case of a detail to an institution, and he has applied for detail to the State or political subdivision thereof, or institution, on a leave-without-pay basis. (Sec. 214 (d), 58 Stat. 690; 42 U.S.C., Sup., 2125(d)). SUBPART L-UNIFORMS SEC. 2.211 Generally. Except as provided in section 2.212, 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 of corresponding grades, except that: (a) Insignia. Public Health Service insignia shall be substituted for Coast Guard insignia other than appropriate insignia of grade, and, (b) Miniature corps device on collar tip. A metal Public Health Service miniature corps device shall be worn on the left shirt collar tip of the slate gray or khaki uniform in lieu of the grade mark worn by commissioned officers of the Coast Guard. SEC. 2.212 Correspondence with Army uniforms in certain cases. The uniforms of male officers of the Service detailed for duty or serving as liaison officers with the Army, or performing such other assignments in such places or under such circumstances as the Surgeon General may from time to time determine make the wearing of Army type uniforms more appropriate, shall be the same as the uniforms now or hereafter prescribed for male commissioned officers of corresponding grades of the Medical Corps of the Army, except that Public Health Service insignia shall be substituted for Army or Army Medical Corps insignia other than the block letters "U.S." and appropriate insignia of grade. Female Officers SEC. 2.221 Generally. Except as provided in section 2.222, 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 of the Coast Guard (SPARS) of corresponding grades, except that: (a) Insignia. Public Health Service insignia and headgear shall be substituted for SPAR insignia and headgear other than appropriate insignia of grade. (b) Sleeve marking. The sleeve markings of grade worn on each sleeve of the jacket or blouse and overcoat of the blue uniform shall be of gold-colored lace or thread and shall correspond with the sleeve markings of grade worn on the blue uniform of male officers of the Service of corresponding grades. The sleeve of the jacket or blouse of the white uniform shall be of gold-colored thread. (c) Corps device. A corps device shall be worn on each sleeve of the jacket or blouse of the blue, white, or striped seersucker uniform and of the overcoat. The corps device worn on the blue jacket or blouse and on the overcoat shall be of gold-colored lace or thread. The corps device worn on the white jacket or blouse shall be of gold-colored thread on a white background. The corps device worn on the striped seersucker jacket or blouse shall be of navy blue thread on a white background. A metal miniature corps device shall be worn on each lapel of the jacket or blouse of the blue, white, or striped seersucker uniform. (d) Seersucker uniform; miniature grade marking and corps device on collar tips. A metal miniature grade marking shall be worn on the right collar tip of the dress of the striped seersucker uniform and a metal miniature corps device shall be worn on the left collar tip of the dress of the striped seersucker uniform. (e) Headgear. Headgear for female officers shall consist of: (1) a beret of white material or blue felt with a cap device to be worn at the front or left front, and (2) a garrison cap of striped seersucker or blue of any of the materials authorized for the blue uniform, and to be worn with a metal miniature cap device on the left side and a metal miniature grade mark on the right side. The blue or white beret or the blue garrison cap shall be worn with the blue uniform. The white beret shall be worn with the white uniform. The striped seersucker garrison cap or blue beret shall be worn with the striped seersucker uniform. SEC. 2.222 Correspondence with Army Nurse Corps uniforms in certain cases. The uniforms of female officers of the Service detailed for duty or serving as liaison officers with the Army, or performing such other assignments in such places or under such circumstances as the Surgeon General may from time to time determine make the wearing of Army type uniforms more appropriate, shall be the same as the uniforms now or hereafter prescribed for commissioned officers of the Nurse Corps of the Army of corresponding grades, except that Public Health Service insignia shall be substituted for Army or Army Nurse Corps insignia other than the block letters "u. S." and appropriate insignia of grade. SEC. 2.223 Nurses, dietitians, and physical therapists; working uniforms. Commissioned nurses, dietitians, and physical therapists while on duty at hospitals, or while performing other professional duties in which white working uniforms are customarily worn, shall wear a nurse's conventional white working uniform. A metal miniature corps device shall be worn on the left collar tip of this uniform and a metal miniature grade mark shall be worn on the right collar tip of this uniform, each device being worn one inch from the front edge of the collar. SEC. 2.224 Nurses on detail to States. Officers detailed to State or local health departments while engaged in public health nursing, consisting of home visiting or clinical work, may wear the uniform dress, if any, of the State public health department to which detailed, together with the garrison cap with miniature Public Health Service cap device on the left side and a miniature metal grade mark on the right side. While wearing State health department uniforms such nurses shall wear the same collar-tip insignia as commissioned nurse officers on hospital duty. Male and Female Officers SEC. 2.231 Insignia. Public Health Service insignia shall be: (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. The capital letter "N" shall be superimposed upon the corps device of commissioned nurses, and shall be of white or silver-colored metal to correspond with the composition of the corps device. (b) Miniature corps device. A corps device 11/16 inch and 11/16 inch wide. (c) Cap device. An ornament of gold-colored 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: Height of shield_________________ 1 3/16 inches Height of eagle__________________ 7/8 inch Wing spread of eagle_____________ 2 1/8 inches Staff of caduceus________________ 2 ½ inches Length of anchor________________ 2 ½ inches (d) Miniature cap device. A cap device with dimensions as follows: Height of shield_________________ ½ inch Height of eagle__________________ ½ inch Wind spread of eagle______________ 1 3/16 inches Staff of caduceus_________________ 1 3/16 inches Length of anchor_________________ 1 3/16 inches (e) Chin strap. A sliding leather strap faced with gold-colored lace or thread, 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. (f) Buttons. Buttons of the same composition and arrangement as on the corresponding article of uniform clothing of a commissioned officer of the Coast Guard, Women's Reserve of the Coast Guard (SPARS), Medical Corps of the Army, or Nurse Corps of the Army, with the corps device of the Public Health service embossed on the button. SEC. 2.232 Wearing of uniforms in time of war. In time of war, officers of the Service on active duty, unless excepted by the Surgeon General, shall appear in uniform. SEC. 2.233 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 officer of the Service shall wear uniforms. SEC. 2.234 Uniform of the day; generally. The Surgeon General, or such officers as he may designate, shall from time to time prescribe the uniform of the day to be worn at particular stations of the Service or in particular areas at the seasons of the year and on dress occasions, and the Surgeon General, or such officers as may designate, may also prescribe the circumstances under which uniforms need not be worn. SEC. 2.235 Uniform of the day; certain officers. Officers of the Service detailed for duty with the Army, Navy, Coast Guard, or Coast and Geodetic Survey shall wear the uniform of the day most nearly corresponding to that worn by the unit with which such officers are serving. SEC. 2.236 Wearing of uniforms; inactive, retired, or former officers. Unless authorized by the Surgeon General with the approval of the Administrator, officers of the Reserve Corps on inactive duty and retired officers of the Regular Corps shall not wear uniforms except on occasions of ceremony: Provided, That the Surgeon General may 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; 42 U.S.C., Sup. 228) Other Persons SEC. 2.241 Persons authorized to wear similar insignia or uniforms. Employees of the Public Health Service while wearing uniforms in accordance with regulations of the Surgeon General approved by the Administrator, members of the U.S. Cadet Nurse Corps, or persons authorized by the Surgeon General to wear a uniform similar to the uniform of members of the United State Cadet Nurse Corps may wear Public Health Service insignia, or insignia similar thereto, or uniforms similar to Public Health Service uniforms. (Sec. 510, 58 Stat. 711; 42 U.S.C., Sup. 228) SEC. 2.242 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 or members of the United States Cadet Nurse Corps 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 or a member of the United States Cadet Nurse Corps. (Sec. 510, 58 Stat. 711; 42 U.S.C., Sup. 228) SUBPART M-DECORATIONS SEC. 2.251 Military, naval, or foreign government decorations-(a) Campaign decorations. Medals, ribbons, or decorations authorized to be worn by members of the armed forces to signify service in time of war or at other times of service in any campaign or theater of operations may be worn by commissioned officers of the Service who served or shall serve on active duty during such war or other times or in such campaign or theater of operations, such authorization to be governed by the same rules and regulations as prescribed for the armed forces and for service with or under the jurisdiction of the armed forces. (b) Other decorations. 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 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. (Sec. 212 (d), 58 Stat. 689; 42 U.S.C., Sup., 213 (d)) SEC. 2.252 Wound or service chevrons. Commissioned officers who served or shall serve with the Army during the First World War or the Second World War may wear, with respect to such service, the wound or service chevrons prescribed by the Army. SEC. 2.253 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 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 SEC. 2.261 Applicability. The provisions of this subpart shall apply to all commissioned officers, whether on leave, on 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 such regulations may be inconsistent with the special service in which they are engaged. Officers detailed for duty with the Army, Navy, or Coast Guard are subject to the laws for the government of the Service to which detailed. During the effective period of Executive Order 9575 of June 21, 1945, disciplinary action may be initiated, prosecuted, and completed either in accordance with the provisions of the said Order or in accordance with the provisions of this subpart, or as otherwise specified in section 3.21. SEC. 2.262 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. SEC. 2.263 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 these regulations, "officer in charge" means the officer so assigned by the Surgeon General. SEC. 2.264 Officers in temporary charge; designation. In the event of the absence, disability, or death of the officer in charge, the ranking officer assigned to the station shall be in temporary charge and perform the duties of the officer in charge: Provided, That at the hospital, medical relief, quarantine, and such other stations as the Surgeon General may designate, the next ranking medical officer shall be the officer in temporary charge. SEC. 2.265 Officers 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 therefore shall be entered in the files of the station over the signature of the officer in temporary charge. SEC. 2.266 Official correspondence. All official communications written by officers relative to matters of official business shall be forwarded through the officer in charge. SEC. 2.267 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 said articles shall have been submitted to and approved by the Surgeon General or his designated representative. No reports or information concerning the Service shall be volunteered to the press without the consent of the officer in charge, to whom also representatives of the press shall be referred when requesting information. SEC. 2.268 Letters of recommendation. No officer shall give any letter of recommendation with respect to any article of manufacture or on behalf of any firm or corporation. SEC. 2.269 Outside employment. No officer on active duty shall render any professional services for remuneration except with written approval of the Surgeon General. SEC. 2.270 Reporting when detailed. Officers detailed for duty to other Executive departments or independent establishments of the Government shall report by letter, telegram, or in person to the secretary of such department or head of the independent establishment or to the chief officer of the particular service to which detailed. SEC. 2.271 Misconduct. The following actions or conduct shall constitute grounds for disciplinary action pursuant to these regulations: (a) willful disobedience of the lawful orders of a superior officer, (b) negligence or carelessness in obeying orders, (c) excessive use of drugs or intoxicating liquors, (d) disorderly or immoral 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, (l) absence without leave unless excused for good cause, (m) violation of any regulation prescribed for the government of the Service. SEC. 2.272 Summary punishment. 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: (a) private reprimand; (b) suspension of privileges pending immediate report of such misconduct to, and instruction from, the Surgeon General. Any such action 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. SEC. 2.273 Leave of absence during pending 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. SEC. 2.274 Grievances. If any officer shall consider himself aggrieved by another officer and fails 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. Boards of Investigation SEC. 2.281 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 these regulations, 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 behalf of an officer shall not be counted as part of such one-year limitation. SEC. 2.282 How convoked. A board of investigation may be ordered by the Administrator or by the Surgeon General. Such order shall include the time and place of assembly. SEC. 2.283 Composition. The board shall consist wholly of commissioned officers of the Service and of not less than three members, who shall be appointed by the Administrator upon recommendation of the Surgeon General. The members of the board shall, if practicable, be senior in rank to the accused officer and shall, if practicable, include at least one officer of the same profession as the accused officers. SEC. 2.284 Authority. 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: (1) Dismissal from the Service; (2) Reduction of grade; (3) Reduction of rank number in his own grade; (4) Retention of his present number on register for a specified time or until a specified number of officers shall have been promoted over him; (5) Official reprimand by circular letter; (6) Official reprimand by Surgeon General; (7) Any combination of (2), (3), (4), (5), and (6). SEC. 2.285 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 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 shall have the right to be furnished with such instructions and papers or copies thereof as may be necessary for his guidance. SEC. 2.286 Notice of charges; right to counsel. When charges are preferred against an officer for the investigation of which a board of investigation is ordered, the officer shall be furnished with a copy of such charges and the specifications thereof and shall be notified that he may, if desired, have counsel to aid in his defense. SEC. 2.287 Presiding officer. The senior officer of the board shall be the presiding officer. He shall (1) preserve order, (2) decide upon matters relating to the routine of business, (3) request the presence of witnesses, (4) administer oaths as required, and (5) adjourn the board from day to day. He shall be authorized at any time to order the exclusion from the room of any person other than the members of the board, the recorder, stenographer, the accused and his counsel, and the Service representative, and to order a closed session limited to members of the board for the purpose of deliberation upon objections to questions and evidence and upon the validity of challenges and pleas, and of formulating its findings and recommendations. Should any member of the board object to a decision of the presiding officer the question shall be submitted to and decided by a majority vote of the board. SEC. 2.288 Recorder. The junior officer of the board shall be recorder. Under the direction and control of the board it shall be his duty (1) to record the proceedings, (2) to append original documents (or authenticated copies thereof) to the record, (3) to have custody of the record and all documents submitted to the board, (4) to assist the board in systematizing the information it may receive, (5) to render the board such assistance as will enable it to present the facts to the convoking authority, (6) to read the charges and specifications when the accused is arraigned, (7) if practicable to read the record of the proceedings of the preceding session at the opening of each session, (8) as may be directed by the presiding officer, to prepare and send out requests to witnesses to appear and testify, and (9) in conjunction with the presiding officer to authenticate the proceedings by his signature. SEC. 2.289 Stenographer. Stenographic assistants shall be employed to record the testimony. SEC. 2.290 The record. Except as otherwise provided, the entire proceedings of the board shall be fully set forth in the record, which shall be signed by the chairman and the recorder. Such record shall be confidential and shall not be disclosed, except for the purposes of the proceedings, provided that the accused and his counsel may be permitted access to the record for the purpose of preparing his defense in such proceedings. SEC. 2.291 Oath of board members. (a) When the board assembles, the recorder shall read the order convoking it. Such order shall be read in the presence of the Service representative, the stenographer, the accused officer, and his counsel. The recorder shall then administer the following oath to each member of the board: "I do solemnly swear (or affirm) that I will carefully and impartially investigate and try the case now about to be opened; that in announcing my conclusions and recommendations to be embodied in the report of this board to be submitted to the convoking authority, I will be governed wholly by the evidence adduced, and I will not be influenced for or against the accused by anything not clearly shown in the recorded evidence; so help me God." The presiding officer shall then administer the same oath to the recorder of the board. SEC. 2.292 Affirmations. The closing phrase invoking the Deity in the oaths prescribed in these regulations shall be omitted in cases of affirmation. SEC. 2.293 Oath of recorder and stenographer. The recorder and the stenographic assistants shall then be sworn by the presiding officer to keep a true record of proceedings, as follows: "I do solemnly swear (or affirm) that I will faithfully perform the duties of recorder (or stenographer) to this board, and that I will not divulge any of the proceedings of the investigation; so help me God." SEC. 2.294 Sessions. The board shall sit daily, except Sundays and holidays, until a decision is reached unless temporarily adjourned or dismissed by the authority which convoked it: Provided, That the presiding officer may, for good cause, grant a continuance to either party for such time and as often as may appear to be just. When the proceedings of the board have commenced they shall not be suspended or delayed on account of the absence of any of the members if a majority is present, and in the absence of the accused officer without good cause the board may proceed as if he were present. SEC. 2.295 Challenges. The presiding officer shall ask the accused whether he objects to being tried by any member of the board, and, in case of objection, he shall state his reasons therefor. The recorder shall enter a minute of the inquiry and of the answer upon the records. A challenged member shall have the right to reply to the accused. All parties except the unchallenged members shall be excluded until a decision has been reached upon the validity of the challenges by the remaining members of the board. Should the challenge be sustained, the facts shall be reported by the presiding officer to the Surgeon General, and if the number of members is reduced below three the board shall adjourn until instructions are received. Each challenge, whenever the accused wishes to challenge more than one member, shall be received and considered separately. SEC. 2.296 List of witnesses. The Service representative and the accused shall each furnish the presiding officer a list of his witnesses. Other witnesses may be introduced at a later stage of the investigation upon giving reasonable notice. The notice to testify shall be prepared by the recorder and signed by the presiding officer. SEC. 2.297 Reading of charges and specifications. The recorder shall read in the presence of the accused the charges and specification of charges preferred against him, and the accused shall be called upon to plead on each specification and charge seriatim, as follows: The recorder shall read the specification of the first charge, and the presiding officer shall then address the accused by name and designation and ask whether he is guilty or not guilty of the specification just read. Each specification shall be read and the accused asked to plead in each instance until all of the specifications of the first charge have been covered. Then the charge shall be read and the accused be required to plead to that. The specifications and charges shall be pleaded to in this manner until all have been covered. SEC. 2.298 Plea to charges. If the accused officer is present and refuses to plead, the presiding officer shall direct a plea of "not guilty" to be entered. SEC. 2.299 Plea in bar. A plea in bar of investigation shall be in writing, signed by the accused, and appended to the record. Witnesses may be called and arguments submitted by both parties upon such plea. The board shall deliberate upon the matter in closed session, and upon reopening, the board's decision shall be announced by the presiding officer. If the plea is sustained, a report shall be forwarded to the convoking authority and the board shall adjourn to await further orders. SEC. 2.300 Preliminary instructions to witnesses. Witnesses other than the accused shall be present only when testifying and shall be warned that they are not to converse on any matter pertaining to the pending investigation. SEC. 2.301 Calling of witnesses; oath. The witnesses shall be called before the board separately. The presiding officer shall administer to each the following oath: "I do solemnly swear (or affirm) that I will make true answers to such questions as may be propounded to me; so help me God." Witnesses shall be cautioned before giving their testimony to testify only to facts which are within their own knowledge. SEC. 2.302 Verification of testimony. After the testimony of the witness is closed the whole of his testimony as recorded may be read over to him and, when corrected in such parts as are in error, he shall sign it. The signatures of the witnesses shall be authenticated by the presiding officer of the board. SEC. 2.303 Witness fees. Upon the application of the presiding officer payment of the usual witness fees to witnesses unconnected with the Government service may be authorized. SEC. 2.304 Evidence; admissibility. Evidence may be received by the board even though inadmissible under rules of evidence applicable to court procedure. The Service representative or the counsel for the accused may, however, object to the admission of evidence or testimony on the ground that it is irrelevant, immaterial, incompetent, or otherwise improper, and if such objection is overruled by the board he shall be allowed to enter his objection upon the record. Notwithstanding the provisions of section 2.281 of these regulations, whenever it shall appear to the board to be material to the charges to prove or disprove a particular habit of the accused, evidence as to his record in that regard for a period of three years prior to the order convoking the board shall be admissible. SEC. 2.305 Depositions. Depositions of individuals who are unable to appear in person before the board and whose testimony is material to a complete investigation of the case may be received, provided that the accused shall be given an opportunity to have a representative present when the deposition is taken. SEC 2.306 Order of examination. The evidence on the part of the Service shall be first taken. The evidence for the defense shall be taken when the Service rests. Either side may rest at pleasure. The examination of witnesses shall close by taking such testimony as may be offered in rebuttal, surrebuttal, impeachment, and to sustain the credibility effort has been made to impeach. The board may recall a witness at any stage of the proceedings, provided that the right of cross-examination by the accused and the Service representative shall not be denied. Each witness shall first be examined in chief by the party who summons him, and then cross-examined by the opposite party. In case of new matter being introduced on cross-examination, the party calling the witness may examine him with respect to such matter, and, under like circumstances, a recross-examination shall be permitted. The board may put such questions to the witness as may be deemed necessary; a question by a member of the board generally shall not be asked until the Service representative and the accused have finished their examinations. SEC. 2.307 Testimony of accused. The accused may, in any case, testify in his own behalf, but his failure to do so shall create no presumption against him. He may decline to answer any questions which may tend to incriminate him. SEC. 2.308 Defense rebuttal. When the examination of witnesses is closed the accused may present argument in his defense, in writing or orally, in person or by counsel. This statement, if written, may be read before the board. The whole shall become a part of the record. SEC. 2.309 Reply of Service representative. The Service representative shall have the right to reply to the defense in writing or orally, and this reply shall become a part of the record. SEC. 2.310 Close of hearing. When the Service representative and the defense have completed their arguments, the hearing shall be closed. The board may, however, before its finding, authorize re-opening for the introduction of new evidence, provided it be shown that the evidence is material and its omission would leave the case incomplete. The board shall then retire to consider the record. SEC. 2.311 Consideration by board. (a) When the board has sufficiently examined the evidence, the presiding officer shall put the question upon each specification of each charge, beginning with the first, whether the specification is "proved," "not proved," or "proved in part." No written minute of the votes shall be preserved unless so ordered by the unanimous vote of the board. In any oral vote the member of the board who is junior in rank shall vote first. When a majority of the board agrees upon a finding it shall be so recorded. (b) When the members have voted upon all the specifications of an charge the question shall be put upon the charge to each member, "Is the accused guilty of this charge, or not guilty?" When a majority decision is arrived at, the result shall be recorded. The board shall then proceed to the next charge and specifications until votes have been taken and decisions recorded upon all the charges and specifications. (c) When the members of the board have voted upon all the charges, if the accused has been found guilty upon any of them the members shall proceed to vote upon the punishment to be recommended. Each member shall write down the punishment which he believes should be recommended and shall hand his vote to the presiding officer, who shall announce the result. If a majority shall not have agreed upon the nature and degree of the punishment to be recommended, the chairman shall proceed, beginning with the mildest punishment that has been proposed and continuing, if necessary, to the next more severe punishment, and so on, successively, until a punishment to be recommended has been decided upon by a majority of the members of the board. (d) A finding of guilty shall not be entered on a charge other than a charge specified. In case evidence develops which in the opinion of the Service representative warrants additional charges and specifications, appropriate recommendation shall be made with respect thereto by the Service representative to the Surgeon General. The Service representative shall give due notice to the presiding officer, whereupon the board shall await further instructions from the Surgeon General. SEC. 2.312 Findings and recommendations of board. After all charges and specifications have been voted upon, the recorder, under the direction of the board, shall draw up the findings, specifying as to each charge whether the accused has been found guilty or not guilty, and, on approval by the board, shall enter such findings upon the record, together with the recommendations of the board as to punishment and clemency if the accused has been found guilty of any charge. SEC. 2.313 Recommendations of board. (a) In arriving at its recommendations as to the nature and degree of the punishment, if any, to be imposed, the board shall take into consideration all previous convictions and the official record of the accused. If mitigating circumstances have appeared during the proceedings which could not be taken into consideration in determining the degree of guilt found by the verdict, the board may avail itself of such circumstances as grounds for recommending clemency. Any recommendation for clemency shall be inserted immediately after the recommendation as to punishment. SEC. 2.314 Report to accompany record. The board shall prepare a report to accompany the record and in such report shall review the evidence as a whole, with specific reference to all evidence and to any conclusions of law on controverted questions upon which the findings are based. The report of the board shall be signed by the members concurring; any member or members not concurring, in whole or in part, may submit and sign a minority report. SEC. 2.315 Transmittal of record and report. After the record (including the transcript of the testimony) and other documents have been signed, they shall be forwarded by the presiding officer to the Surgeon General. The board shall then adjourn pending further orders. Action Upon Findings and Recommendations of Board SEC. 2.321 Action by Surgeon General. The Surgeon General shall review the record, report, and recommendations of the board, and may either order further investigation by the board or transmit the papers in the case to the Administrator with his recommendations. SEC. 2.322 Action by the Administrator. No recommendation for punishment shall be effective until approved by the Administrator. The Administrator shall review the record, report, and recommendations of the board and the recommendations of the Surgeon General, and may either order a further investigation by the board or approve the findings and recommendations in whole or in part; or, upon the basis of the approved findings, he may order punishment or a grant of clemency or other disposition not inconsistent with these regulations. The disposition of a case by the Administrator shall be final. Part 3-Miscellaneous SUBPART A-LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES Sec. 3.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. 3.2 Exception respecting certain persons. SUBPART B-EXERCISE BY THE ADMINISTRATOR OF CERTAIN POWERS OF THE PRESIDENT Sec. 3.11 Exercise by the Administrator of certain powers of the President. SUBPART C-REVOCATIONS 3.21 Revocations. SUBPART A-LEPROSY DUTY BY CIVIL SERVICE OFFICERS AND EMPLOYEES SEC. 3.1 Duty requiring intimate contact with leprosy patients; additional pay for civil service officers or employees. Except as provided in section 3.2, civil service officers and employees of the Service shall receive additional pay for duty requiring intimate contact with leprosy patients on the same basis as is set forth in section 2.91 with respect to officers of the commissioned corps. (Sec. 209 (g), 58 Stat. 687; 42 U.S.C. Supp., 210 (g)). SEC. 3.2 Exception respecting certain persons. (a) No civil service officer or employee of the Service who is occupying a position allocated at a level above similar positions at general hospital stations of the Service shall receive any additional payment under section 3.1 until the status of such position has been reallocated in accordance with similar positions at general hospital stations of the Service. (b) Nothing contained in these regulations shall be construed to authorize any reduction during his incumbency in his present assignment of any civil service officer or employee of the Service who on the effective date of section 3.1 was receiving any increase in pay or allowances under the authority of previous law or regulations on account of his detail for duty at a station of the Service devoted to the care of persons afflicted with leprosy. (Sec. 209 (g), 58 Stat. 687; 42 U.S.C., Sup., 210 (g)). SUBPART B-EXERCISE BY THE ADMINISTRATOR OF CERTAIN POWERS OF THE PRESIDENT SEC. 3.11 Exercise by the Administrator of certain powers of the President. The Administrator is authorized, in his discretion, to exercise the powers of the President (a) to establish special temporary positions under section 207 (a) of the Act, (b) to terminate reserve commissions under section 208 (a) (2) of the Act, and (c) to specify ports under section 366 (a) of the Act. SUBPART C-REVOCATIONS SEC. 3.21 Revocations. (a) The following-enumerated paragraphs of the Regulations for the Government of the United States Public Health Service, approved June 18, 1931, as amended, are revoked: 4, 6-8 (incl.), 10-13 (incl.), 16-21 (incl.), 23-31 (incl.), 33-43 (incl.), 45, 49-82 (incl.), 84-87 (incl.), 99-102 (incl.), 118-124 (incl.), 128 except sub-paragraph (c), 129, 142, 226-259 (incl.), 279-304 (incl.), 306-389 (incl.), 899, and 909-921 (incl.). The revocation of paragraphs 284, 285, 288, and 316-389 (incl.) shall not affect any act done or offense committed under paragraphs 284, 285, and 288, or any proceeding had or commenced in any disciplinary action under paragraphs 316-389 (incl.); and such disciplinary action may be initiated, prosecuted, and completed in accordance with paragraphs 316-389 (incl.) as if such revocation had not been made. Disciplinary action for any act done or offense committed as prescribed in paragraphs 284, 285, and 288 may also be initiated, prosecuted, and completed in accordance with the provisions of these regulations. (b) Executive Order 9501 of November 21, 1944, entitled "Regulations Governing Recall to Active Duty of Retired Commissioned Officers of the Public Health Commissioned Officers of the Public Health Service", and Executive Order 9509 of January 8, 1945, entitled "Regulations with Respect to the Uniforms of Commissioned Officers of the Public Health Service, and Governing the Wearing of Such Uniforms", are revoked. (c) The revocation of Executive Order 9509 shall not revive any of the regulations revoked by paragraph 15 of that order. HARRY S. TRUMAN THE WHITE HOUSE, November 14, 1945