§210b Professional categories

Summary

The Surgeon General must split the Regular Corps into professional categories for promotion purposes. Each category should match a subject from the exams in section 209(a)(1) or a part of one, so officers with similar training are grouped and available for like duties. The Surgeon General also assigns every active Regular Corps officer to one of those categories based on training and experience. An assignment cannot be changed unless the rules are changed, or the Surgeon General finds the first assignment was wrong, or the officer asked to move, is equally qualified for the new category, and the transfer helps the Service. Within the limits the Secretary sets under section 207(d), the Surgeon General decides each year how many officers in each category may hold each grade from warrant officer (W–1) up to director. A vacancy in a grade equals the number allowed minus the number actually on active duty in that grade and category. Temporary promotions or temporary director status count as holding that higher grade and reduce the allowed number for the officer’s permanent rank while in effect. Not having a vacancy does not stop appointments under section 209, permanent length-of-service promotions, or recalling a retired officer; such actions count as filling a vacancy if one exists. If a vacancy exists, the Surgeon General may raise by one the allowed number for the next lower grade in that category to help fill it, and then the higher vacancy can only be filled by a permanent promotion; when that permanent promotion happens, the next lower grade number goes down by one.