• Frequently Asked Questions

  Flag Grade FAQs

  Commissioned Corps Instruction (CCI) 322.03, “Flag Grade Positions and Promotions,” and Personnel Operations Memorandum (POM) 821.86, “Flag Board and Processes.”

  What are Flag Grade Positions?

  Flag grade positions are specific positions (billets) approved by the Assistant Secretary for Health (ASH). These positions are similar to civilian Senior Executive Service (SES) positions.  The Flag Board reviews each position to determine if it meets the appropriate level of complexity, responsibility, and importance to merit designation as flag grade positions. See CCI 322.06, Section 6-4.

  Is there a limit to how many Flag Grade positions the USPHS Commissioned Corps can have?

  Yes, it depends on the total number of officers in the USPHS Commissioned Corps. Pursuant to 42 U.S.C. §206(c)(1), as limited by 42 U.S.C. §206(c)(2), the number of officers who may serve in temporary flag grade positions is limited to 1 percent of the highest number, during the ninety days preceding such day, of officers of the Regular Corps on active duty. In addition, the total number of flag officers, serving in approved Designated Flag Grade Positions in the grade of O-8 and above, shall not exceed one-half the number of flag officers serving in approved Designated Flag Grade Positions in the grade of O-7.

  Can Flag Grade Positions exist in non-HHS organizations?

  Yes, see CCI 322.01, Section 6-1.b.

  What are the new eligibility criteria for O-7 grade?

  The criteria establish a set period for eligibility which will be the same every year, reduce the required amount of active-duty service (as either enlisted or commissioned), reduce the required number of years of service in the USPHS Commissioned Corps, and remove the previous requirement of serving in the Designated Flag Grade Position for at least 12 months.

  In addition, the remaining criteria still apply including conditions of service, performance, and adverse actions.

  Are there any ethics requirements for Flag Grade positions?

  Yes, flag grade officers must comply with all requirements of the Office of Government Ethics (OGE), including the annual submission requirements.  Officers who fail to submit and/or obtain a favorable ethics clearance may be subject to involuntary retirement, revocation of the flag grade, and disciplinary actions in accordance with CCD 111.02, “Disciplinary Action.”

  What happens to a Designated Flag Grade Position when a Flag Grade officer vacates the position?

  When a Flag Grade officer vacates a Designated Flag Grade Position, the position is removed from the list of Designated Flag Grade Position and designated as an O-6 grade position.  However, the Director, CCHQ, may submit such a position to the ASH for redesignation as a Designated Flag Grade Position without a new review by a Flag Board provided that there have been no modifications to the position that appear to change the nature, magnitude, or scope of the position.

  What are the conditions of service requirements for flag grade officers?

  Flag grade officers are subject to the same conditions of service as non-flag grade officers.  flag grade officers who fail to meet the conditions of service after appointment to a Designated Flag Grade Position are subject to disciplinary actions including involuntary retirement and revocation of the flag grade. 

  How is the need for Flag Grade positions determined?

  The SG will review the current distribution and profile of flag grade officers needed for operational force readiness and response requirements. See CCI 322.03, Section 6-1.e.

  Who makes up the flag board?

  The Flag Board consists of Flag officers and SES civilians who are appointed by the SG. These must be flag grade officers at least equivalent to the rank to which officers under consideration may be promoted or retained on active duty. The SG appoints members of the SES whose level is equivalent to the appointed USPHS Commissioned Corps members of the Board. The most senior individual (flag grade officer or SES member) serves as the Flag Board chairperson.

  What is the process for a having a position approved as a Designated Flag Grade position?

  Refer to CCI 322.01, Section 6-4. Additionally, the SG approved POM 821. 86, “Flag Board and Processes,” which provides operational guidance and outlines the nomination process.

  When can a Flag Grade officer retire?

  A Flag Grade officer can request a voluntary retirement after completing 3 years of service in their current flag grade and completion of any other active-duty obligations (e.g., special pay).

  An officer who holds the O-7 flag grade shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 33 years of active-duty service.

  An officer who holds the O-8 flag grade shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 36 years of active-duty service.

  An officer subject to the mandatory retirement provisions (i.e., 33 years for O‑7 and 36 years for the O-8 grade) may have their retirement deferred by the Secretary if deemed to be in the best interest of the Department and the USPHS Commissioned Corps. Such period will not exceed 2 years for an O-7 grade officer and 4 years for an O-8 grade officer.

  Is a Flag Grade officer’s performance evaluated differently than O-6 and below officer?

  The policy authorizes the SG to create a new Flag Grade officer executive performance review process. The performance review process will include an evaluation of a flag officer’s contribution in achieving the USPHS Commissioned Corps’ mission, the SG’s initiatives, and the mission of the OPDIV/STAFFDIV/non-HHS organization to which the officer is assigned.  Once the SG finalizes this executive performance review process, flag grade officers will no longer use the Commissioned Officers’ Effectiveness Report (COER).

  Last Updated: 4/5/2024
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