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NAVADMIN 187/17
MSGID/GENADMIN/CNO WASHINGTON DC/N1/JUL//
SUBJ/JUDGE ADVOCATE CONTINUATION PAY//
REF/A/DOC/U.S.C./7SEP62//
REF/B/DOC/DOD/11JUL16//
REF/C/DOC/U.S.C./10AUG56//
REF/D/DOC/JAG/26APR17//
REF/E/DOC/DOD/JUL16//
REF/F/DOC/JAG/20JAN15//
REF/G/DOC/JAG/26JUN12//
NARR/REF A IS TITLE 37, U.S. CODE, PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES. REF B IS DEPARTMENT OF DEFENSE INSTRUCTION 1304.34, GENERAL BONUS
AUTHORITY FOR OFFICERS. REF C IS TITLE 10, U.S. CODE, ARMED FORCES. REF D
IS JAGINST 1212.2B, EXTENSION OF CAREER STATUS BOARD. REF E IS DEPARTMENT OF
DEFENSE FINANCIAL MANAGEMENT REGULATION 7000.14, VOLUME 7A, CHAPTERS 2 AND 3,
REPAYMENT OF UNEARNED PORTION OF BONUSES AND OTHER BENEFITS, SPECIAL PAY
OFFICERS ONLY. REF F IS JAGINST 5803.1E, PROFESSIONAL CONDUCT OF ATTORNEYS
PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE
GENERAL. REF G IS JAGINST 5800.7F, MANUAL OF THE JUDGE ADVOCATE GENERAL//
RMKS/1. This NAVADMIN announces the Judge Advocate Continuation Pay (JACP)
for eligible Navy judge advocates.
2. Program Authority. This program is authorized under section 332 of
reference (a), in line with reference (b), and program authorization has been
granted by the Assistant Secretary of the Navy (Manpower and Reserve
Affairs). All applications for the bonuses contained within this program
will be submitted to the Judge Advocate Generals Corps (JAGC) Assignments
Branch (PERS-4416) for approval, payment processing, and tracking.
3. Eligibility.
a. To be eligible for JACP, a judge advocate must be in the active
component (AC) Navy, have completed their Initial Active-Duty Service
Obligation (IADSO), be a lieutenant commander or below, be qualified and
certified in line with article 27(b) of reference (c) and:
(1) For Phase I JACP, be promoted to the rank of lieutenant in the AC
Navy and selected for continued naval service by a JAGC Career Status Board
(CSB), as established in reference (d). In any year in which a CSB is not
held, officers will be eligible for Phase I JACP after completion of their
IADSO.
(2) For Phase II JACP, be promoted to the rank of lieutenant
commander in the AC Navy.
(3) For Phase III JACP, be promoted to the rank of lieutenant
commander in the AC Navy and have completed 10 years of continuous active-
duty commissioned service as a Navy judge advocate.
b. The following officers are not eligible for JACP:
(1) Officers accessed into the Navy JAGC through the Law Education
Program, including those who did not receive full funding for their legal
education.
(2) Officers accessed into the Navy JAGC through the funded JAGC
In-Service Procurement Program, including those who did not receive full
funding for their legal education.
(3) Officers who have twice failed of selection (FOS) to lieutenant
commander.
(4) Officers who have twice FOS to commander, and who are not
selected for or who have declined continuation in the AC Navy, and
(5) Officers who will be unable to complete the requisite obligated
service as established in this NAVADMIN.
4. JACP Payments.
a. Upon PERS-4416 confirmation of an eligibility and available funding
of an officer, JACP will be paid as follows:
(1) Phase I: A payment of $30,000 on the first anniversary of
selection by a CSB of an eligible judge advocate and having finished their
IADSO, or in any year in which a CSB is not held, upon completion of their
IADSO.
(2) Phase II: A payment of $15,000 on the next anniversary date of
graduation from the Naval Justice School (NJS) Basic Lawyer Course after
promotion for pay purposes to the rank of lieutenant commander in the AC Navy
for an eligible judge advocate.
(3) Phase III: A payment of $15,000 on the next anniversary date of
graduation from the NJS Basic Lawyer Course after completing 10 years of
continuous active-duty commissioned service as a Navy judge advocate for an
eligible judge advocate.
b. Provided applications for each phase of JACP are received
sufficiently in advance, and subject to the availability of funds, judge
advocates whose JACP applications are approved will be paid JACP on the dates
specified in paragraph 4a above unless PERS-4416 determines that payment at
an earlier or later date is necessary to assist with management of the JACP
program.
5. JACP Applications. Eligible judge advocates may apply for JACP via their
commanding officer. A separate application is required for each phase of
JACP. Judge advocates may apply for each phase of JACP up to 180 days after
the date of eligibility. PERS-4416 may accept and approve applications
received after 180 days from the date of eligibility if after consulting with
the Judge Advocate General and JAGC Officer Community Manager, PERS-4416
determines payment is in the best interest of the Navy.
6. JACP Approval Process.
a. All JACP applications will be reviewed and approved by PERS-4416.
b. PERS-4416 may delay action on a JACP application under the following
conditions:
(1) When eligibility of an officer is in question, PERS-4416 may
delay action until such time as any doubt as to the eligibility of the
officer has been resolved. Such instances may include officers who submit
incomplete applications, are the subject of a criminal investigation, are
facing administrative separation processing, are facing civilian and/or
military criminal proceedings, or who are subject to pending professional
responsibility investigations.
(2) When a judge advocate is eligible for, but has not yet been
approved for JACP Phase I, and fails to be selected for promotion to
lieutenant commander. The application of the officer for JACP Phase I will
not be approved until the results of the subsequent lieutenant commander
selection board are known. If the officer is selected for promotion at the
subsequent lieutenant commander selection board, the application of the
officer for JACP Phase I may be processed in line with this NAVADMIN.
(3) When a judge advocate is eligible for, but has not yet been
approved for JACP Phases II or III, and fails to be selected for promotion to
commander. The application of the officer for JACP Phases II or III will not
be approved until the results of the subsequent commander selection board are
known. If the officer is selected for promotion at the subsequent commander
selection board, the application of the officer for JACP Phases II or III may
be processed in accordance with this NAVADMIN. If the officer is not
selected for promotion at the subsequent commander selection board, the
officer will not be eligible to receive JACP unless the officer accepts
continuation in the AC Navy.
7. JACP Service Obligation.
a. The JACP service obligation shall begin on the effective date of an
approved JACP service agreement. Judge advocates will incur the following
service obligation upon receipt of JACP:
(1) Phase I: 3 years.
(2) Phase II: 2 years.
(3) Phase III: 2 years.
b. All JACP service obligations shall run concurrently with any other
previous service obligations, except as otherwise provided by law or policy.
8. Recoupment/Repayment of JACP. Judge advocates who receive JACP commit to
remain on active duty as judge advocates and agree to accept continuation on
active duty through their JACP service obligation.
a. Repayment policy is governed by section 303a(e) of reference (a) and
by reference (e). In line with reference (e), a member of the uniformed
services who enters into a written agreement with specified service
conditions for receipt of a bonus is entitled to the full amount of the bonus
if the member fulfills the conditions of that written agreement. If the
member fails to fulfill the service conditions specified in the written
agreement for pay, then the pay may be terminated and the member may be
required to repay an amount equal to the unearned portion.
b. If unusual circumstances exist, the Secretary of the Navy may waive
repayment if it is determined by secretarial process that such release would
clearly be in the best interest of both the Navy and the officer concerned.
Unless waived by the Secretary of the Navy, judge advocates will be required
to repay the unearned portion of any JACP received on a pro rata basis under
the following circumstances:
(1) If they fail to complete their JACP service obligation due to
separation or discharge from active duty for any reason except those
described in reference (e).
(2) If they lose their certification under article 27(b) of reference
(c), or are suspended from practice as judge advocates for 1 year or longer
under the procedures of reference (f).
(3) If they incur an illness, disease or injury resulting in
incapacitation or disability that is determined, in line with chapter II of
reference (g), to be the result of misconduct, willful neglect, or incurred
during a period of unauthorized absence.
(4) If they have twice FOS for lieutenant commander, and have
received payment of JACP Phase I.
(5) If they have twice FOS for commander, and have received payment
of JACP Phases II or III, and are selected for but decline continuation in
the AC Navy.
(6) Refusal to accept orders in connection with service as a judge
advocate.
c. If an officer fails to maintain eligibility for JACP, repayment will
not be sought under the circumstances provided for in table 2-1 of reference
(e) unless secretarial process determines repayment of the member would be
appropriate and not against equity and good conscience, contrary to the best
interest of the United States, or contrary to personnel policy or management
objective.
9. Action. Commanding officers will invite eligible and qualified judge
advocates to submit JACP applications to PERS-4416. Commanding officers must
ensure that the information provided in an application of an officer is
complete and accurate, that the officer meets the eligibility requirements
set forth above, and that no action against the officer is pending that may
result in the officer being ineligible for JACP.
10. Career Intermission Program (CIP). An officer participating in CIP will
be ineligible to receive JACP payments during the intermission period.
Payments will resume upon return to service, based on the adjusted active-
duty service entry date and in line with the payment scheme.
11. General Notes.
a. Additional guidance, information, and updates regarding the JACP are
available at the PERS-4416 website at
https://portal.secnav.navy.mil/orgs/jag/detailers/sitepages/jacp.aspx.
b. Address all applications questions to the JAG Corps lieutenant
commander detailer at (901) 874-4082/DSN 882 or via e-mail at
robert.kline2@navy.mil.
13. This NAVADMIN will remain in effect until superseded or cancelled,
whichever comes first.
14. Released by Vice Admiral R. P. Burke, N1.//
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