• Foreword

  Table of Contents

  Frequently Asked Questions

  Policy Search

  Cross Reference

  Glossary

• Commissioned Corps Issuance System (CCIS)

  Frequently Asked Questions

  
  Available FAQs

  Involuntary Separation (CCD 123.01)

  Will the Involuntary Separation policy, Commissioned Corps Directive 123.01 (CCD 123.01, Sections 6-2.m. through 6-2.p., failure of promotion criteria begin with Promotion Year 2019 (reviewed by the Spring 2019 boards)?

  • CCD 123.01 “failure to promote” will not impact officers in PY19 unless an officer fails to be recommended for promotion (CCI 333.01, “Failure of Permanent Promotion”);
  • CCD 123.01 accounting of “failure to promote” will begin with PY20;
  • CCD 123.01 only applies to Permanent Grade promotions.

  I am eligible for PO-6 (Director Grade) consideration but was unable to determine how a failure to be promoted would impact me.

  Officers who are unsuccessful to PO-6 are not impacted by this policy. The policy only addresses separation from service upon failure of promotion as specified in 42 U.S.C. §211(g).

  What are the ranks associated with the grade titles used in Sections 6-2.m. through 6-2.p. of CCD 123.01?

  • Junior Assistant Grade (PO-1)
  • Assistant Grade (PO-2)
  • Senior Assistant Grade (PO-3)
  • Full Grade (PO-4)
  • Senior Grade (PO-5)

  What does “restricted” mean and what categories are currently restricted?

  According to 42 U.S.C. §211(b), promotions to a restricted grade are only made if there are vacancies in that grade, therefore, promotion rates for restricted categories are determined after promotion rates for unrestricted categories are determined. Categories are determined restricted and unrestricted based on the force management needs of the Commissioned Corps.

  Six categories are currently restricted: Nurse, Environmental Health Officer, Pharmacist, Dietitian, Therapist, and Health Services Officer. Because promotion in these categories are restricted at the O-4 and O-5 permanent grades, officers are not subject to commission termination at those levels after failing permanent promotion twice. Alternatively, an officer may have his/her commission terminated after twice failing to be recommended for permanent O-4 and O-5 promotions.

  The Medical, Dental, Scientist, Engineer, and Veterinary categories are currently unrestricted; though this may be reassessed based on the force management needs of the Corps.

  Does this policy apply to me if I am eligible for an Exceptional Proficiency Promotion (EPP) and fail to be promoted?

  No. Sections 6-2.m-p. of the policy pertains only to failure of promotion to a Permanent Grade. However officers who are not promoted to a temporary grade either as an EPP candidate, or when reviewed in their own right, may be referred to a Retention Review Board or be required to engage in career counseling based on criteria described in CCI 332.01, “Temporary Promotions.”

  Will the promotion board know if I failed to be promoted last year?

  No. The PY19 and PY20 promotion boards will not be provided information from previous promotion years and boards.

  Is it possible to opt out of promotion review?

  No. Currently the files for all officers who meet eligibility criteria for a specific permanent and/or temporary grade are automatically considered by the promotion boards for that promotion cycle.

  When is an officer reviewed for separation due to Force Readiness Non-compliance [Section 6-2.q.]?

  An officer may be reviewed for separation due to not meeting force readiness requirements for three consecutive months or for 5 or more months in a 24-month period in accordance with POM 821.69, “Readiness Compliance.”

  What constitutes Weight Non-Compliance [Section 6-2.s.]?

  The Assistant Secretary for Health (ASH) defined the weight standards in Section 6-2.g. of CCI 241.01, “Readiness and Duty Requirements.” The procedures for the implementation and enforcement of the standards are in POM 821.66, “Retention Weight Standards.”

  Officers who are considered to be non-compliant with the standards include those who:

  • Failed to submit form PHS-7044-1 to CCHQ by September 30, 2018.
  • Were required but failed to submit a weight management plan to CCHQ by November 30, 2018 due to their reported BMI and estimated percent body fat.
  • Are required but fail to submit quarterly reports to CCHQ through eDOC-U. Quarterly reports are due the first week of January, April, July, and October while on a weight management plan.
  • After three quarterly checks (9 months), show inadequate progress toward compliance with the Retention Weight Standards without a confirmed medical reason.

  Why does the Commissioned Corps need an Involuntary Separation policy?

  An Involuntary Separation Policy is necessary to provide officers with guidance on the conditions under which they may be involuntarily separated from the Commissioned Corps.

  Does this policy apply to me if I’m over 20 years of active duty service?

  No, this policy applies to officers with less than 20 years of creditable service. However, officers with over 20 years of service may be subject to involuntary retirement as described in CCI 385.01, “Involuntary Retirement (20 Years),” and involuntary termination of their commission by a Board of Inquiry (BOI) pursuant to CCD 111.02, “Disciplinary Action.”

  What are the different types of Involuntary Separation?

  An officer may be involuntarily separated during the probationary period (first 36 months of service), through the 3-Year File Review process (upon completion of the probationary period for officers appointed at the permanent O-3 grade or above); a Medical Review Board; failure of promotion; a Board of Inquiry (BOI) for termination of an officer’s commission when such termination would be in the best interest of the Corps; or after a review by an Involuntary Termination Board (ITB).

  Who may recommend an officer for an Involuntary Termination Board (ITB)?

  The recommendation for an ITB may be initiated by a Supervisor, agency leadership, or the Director of Commissioned Corps Headquarters.

  Why would an officer be recommended for an Involuntary Termination Board (ITB)?

  Below are just a few examples of why an officer may be subject to an ITB:

  • Refusal to undergo a physical examination or furnish medical information;
  • Substandard performance;
  • Licensure and certification noncompliance;
  • Force readiness non-compliance;
  • Lack of a suitable Assignment after completing a detail from a non-HHS agency;
  • Non-compliance with the weight standards;
  • Refusal to wear the prescribed uniform of the day on a daily basis.

  Do officers have rights in the involuntary separation process?

  All officers are entitled to due process. For an Involuntary Termination Board (ITB), officers may submit written statements, review their service record, and secure representation at the officer’s expense. If the ITB is convened for marginal or substandard performance, the officer may request a hearing and present witnesses.

  What are the possible outcomes of an Involuntary Termination Board (ITB)?

  An ITB may recommend any of the following:

  • Retention with/without demotion;
  • Retention with/without reassignment;
  • Disciplinary action; and/or
  • Termination of commission.

  What happens if the Involuntary Termination Board recommends termination of an officer’s commission?

  If the final recommendation of the board is termination of the officer’s commission, the Surgeon General (SG) may order further investigation by the board; may approve and adopt the board findings in whole or in part; or may disapprove the boards’ recommendations. An officer may appeal the SG’s decision to the Assistant Secretary for Health (ASH).

Protecting, Promoting and Advancing the Health and Safety of Our Nation. Commissioned Corps Headquarters
1101 Wootton Parkway, Suite 300
Rockville, MD. 20852
240-453-6000

• 1. 
     COMMISSIONED CORPS

  2. Home
  3. Contact Us
  4. About Us
  5. Site Map

• 1. U.S. DEPARTMENT OF
     HEALTH AND HUMAN SERVICES

  2. HHS Home
  3. Office of Assistant Secretary for Health
  4. Office of the Surgeon General
  5. USPHS.gov

• 1. 
     U.S. GOVERNMENT

  2. The White House
  3. USA.gov
  4. USAJOBS.gov
  5. DATA.gov

• 1. 
     ADDITIONAL INFORMATION

  2. Plain Writing Act
  3. Accessibility
  4. Privacy Notice
  5. Freedom of Information Act
  6. Disclaimers
  7. Vulnerability Disclosure Policy