PHARMACY OFFICER SPECIAL PAY PROGRAM:

UNCLASSIFIED//
ROUTINE
R 200006Z FEB 10
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NAVADMIN 060/10

MSGID/GENADMIN/CNO WASHINGTON DC/N1/FEB//

SUBJ/PHARMACY OFFICER SPECIAL PAY PROGRAM//

REF/A/MSG/CNO WASHINGTON DC/211817ZJAN09//

AMPN/REF A IS NAVADMIN 020/09, FY-09 PHARMACY OFFICER SPECIAL PAY 
INCREASE.//

RMKS/1.  THIS NAVADMIN ANNOUNCES THE CONTINUATION OF THE PHARMACY 
OFFICER SPECIAL PAY (POSP) PROGRAM AS AUTHORIZED UNDER REF A AND 
PROMULGATES REVISED REPAYMENT GUIDANCE.  THE POSP REMAINS IN EFFECT 
UNTIL SUPERSEDED.  THE RATE AND OTHER ADMINISTRATIVE REQUIREMENTS AND 
ELIGIBILITY REMAIN IN EFFECT.

2.  ELIGIBILITY AND ADMINISTRATIVE PROCEDURES ALONG WITH REQUEST FORMS 
CAN BE FOUND AT 
HTTP://WWW.MED.NAVY.MIL/BUMED/SPECIAL_PAY/PAGES/DEFAULT.ASPX.

3.     REPAYMENT GUIDANCE.
    A.  EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) BELOW, AN 
INDIVIDUAL WHO IS PAID A SPECIAL PAY, THE RECEIPT OF WHICH IS 
CONTINGENT UPON THE INDIVIDUAL FULFILLING SPECIFIED CONDITIONS OF 
ELIGIBILITY, SERVICE, OR ASSIGNMENT, SHALL REPAY THE UNITED STATES ANY 
UNEARNED PORTION OF SPECIAL PAY IF THE INDIVIDUAL FAILS TO FULFILL THE 
CONDITIONS OF ELIGIBILITY, SERVICE, OR ASSIGNMENT AND MAY NOT RECEIVE 
ANY UNPAID AMOUNT OF THE BONUS OR SPECIAL OR INCENTIVE PAY AFTER 
FAILING TO FULFILL SUCH SPECIFIED CONDITIONS.  SITUATIONS REQUIRING 
REPAYMENT INCLUDE, BUT ARE NOT LIMITED TO:
        (1) AN APPROVED REQUEST FOR VOLUNTARY RELEASE FROM THE WRITTEN 
AGREEMENT SPECIFYING THE CONDITIONS FOR RECEIPT OF THE BONUS OR PAY IF, 
DUE TO UNUSUAL CIRCUMSTANCES, IT IS DETERMINED BY THE DESIGNATED 
COMPETENT AUTHORITY OF THE NAVY THAT SUCH RELEASE WOULD CLEARLY BE IN 
THE BEST INTERESTS OF BOTH THE NAVY AND THE OFFICER CONCERNED;
        (2) AN APPROVED VOLUNTARY SEPARATION FROM THE NAVAL SERVICE, OR 
FROM ACTIVE DUTY IN THE NAVAL SERVICE, OR RELEASE FROM AN ACTIVE STATUS 
IN THE NAVY RESERVE PRIOR TO FULFILLMENT OF THE TERMS AND CONDITIONS 
SUCH AS THE PERIOD OF SERVICE OBLIGATION REQUIRED FOR RECEIPT OF THE 
BONUS OR SPECIAL OR INCENTIVE PAY;
        (3) AN APPROVED VOLUNTARY REQUEST FOR RELIEF FROM AN ASSIGNMENT;
        (4) FAILURE TO EXECUTE ORDERS TO A BILLET COMMENSURATE WITH THE 
INDIVIDUAL'S SPECIALTY OR SKILL, GRADE, OR CAREER PROGRESSION;
        (5) DISABILITY OR PHYSICAL DISQUALIFICATION RESULTING FROM 
MISCONDUCT, WILLFUL NEGLECT, OR INCURRED DURING A PERIOD OF 
UNAUTHORIZED ABSENCE;
        (6) SEPARATION FOR CAUSE, INCLUDING MISCONDUCT;
        (7) AN APPROVED DETACHMENT FOR CAUSE;
        (8) LOSS OF ELIGIBILITY AS A RESULT OF A PROMOTION TO PAYGRADE 
O-7; OR
        (9) SEPARATION BY REASON OF WEIGHT CONTROL AND/OR PHYSICAL 
READINESS TEST FAILURE.
    B.  IF FOR ANY OF THE FOLLOWING REASONS AN INDIVIDUAL FAILS TO 
FULFILL THE SPECIFIED CONDITIONS OF ELIGIBILITY, SERVICE, OR ASSIGNMENT 
FOR WHICH SPECIAL PAY IS PAID TO THE INDIVIDUAL, REPAYMENT OF THE 
UNEARNED PORTION OF THE PAY IS NOT REQUIRED, BUT ANY REMAINING UNPAID 
AMOUNT SHALL NOT BE PAID:
        (1) SEPARATION FROM THE NAVAL SERVICE BY OPERATION OF LAWS OR 
REGULATIONS INDEPENDENT OF MISCONDUCT;
        (2) SEPARATION FROM THE NAVAL SERVICE UNDER A HARDSHIP 
SEPARATION OR SOLE SURVIVOR DISCHARGE AS DEFINED UNDER SECTION 
303A(E)(3)(2)(B) OF TITLE 37, U.S. CODE.
        (3) WHERE THE SECRETARY OF THE NAVY OR HIS/HER DESIGNEE 
DETERMINES THAT REPAYMENT OF THE UNEARNED PORTION OF THE PAY OR BONUS 
WOULD BE CONTRARY TO A PERSONNEL POLICY OR MANAGEMENT OBJECTIVE, 
AGAINST EQUITY OR GOOD CONSCIENCE, OR CONTRARY TO THE BEST INTERESTS OF 
THE UNITED STATES.
    C.  IF FOR ANY OF THE FOLLOWING REASONS AN INDIVIDUAL FAILS TO 
FULFILL THE SPECIFIED CONDITIONS OF ELIGIBILITY, SERVICE, OR ASSIGNMENT 
FOR WHICH SPECIAL PAY IS PAID TO THE INDIVIDUAL, REPAYMENT OF THE 
UNEARNED PORTION OF THE PAY IS NOT REQUIRED, AND ANY REMAINING UNPAID 
AMOUNT WILL BE PAID TO THE MEMBER'S FINAL PAY ACCOUNT OR UPON 
SEPARATION:
        (1) DISABILITY SEPARATION OR RETIREMENT UNDER CHAPTER 61 OF 
TITLE 10, U.S. CODE, WHERE SUCH DISABILITY IS NOT THE RESULT OF THE 
INDIVIDUAL'S MISCONDUCT, WILLFUL NEGLECT, OR INCURRED DURING A PERIOD 
OF UNAUTHORIZED ABSENCE;
        (2) DEATH IN WHICH THE PROXIMATE CAUSE IS NOT MISCONDUCT ON THE 
PART OF THE OFFICER OR INDIVIDUAL; OR
        (3) WHERE THE SECRETARY OF THE NAVY OR HIS/HER DESIGNEE 
DETERMINES THAT REPAYMENT OF THE UNEARNED PORTION OF THE PAY OR BONUS 
RECEIVED BY THE INDIVIDUAL, AND TO REFRAIN FROM PAYING ANY REMAINING 
UNPAID AMOUNT TO THE INDIVIDUAL, WOULD BE CONTRARY TO A PERSONNEL 
POLICY OR MANAGEMENT OBJECTIVE AGAINST EQUITY OR GOOD CONSCIENCE, OR 
CONTRARY TO THE BEST INTERESTS OF THE UNITED STATES.
    D.  AN OBLIGATION TO REPAY THE UNITED STATES AS DESCRIBED HEREIN IS, 
FOR ALL PURPOSES, A DEBT OWED TO THE UNITED STATES.  A DISCHARGE IN 
BANKRUPTCY UNDER TITLE 11, U.S. CODE DOES NOT DISCHARGE A PERSON FROM 
SUCH DEBT IF THE DISCHARGE ORDER IS ENTERED LESS THAN 5 YEARS AFTER:
        (1) THE DATE OF TERMINATION OF THE WRITTEN AGREEMENT OR 
"CONTRACT"
ON WHICH THE DEBT IS BASED; OR
        (2) IN THE ABSENCE OF SUCH WRITTEN AGREEMENT OR "CONTRACT," THE 
DATE OF TERMINATION OF THE ELIGIBILITY, SERVICE, OR ASSIGNMENT ON WHICH 
THE DEBT IS BASED.

4.  POINTS OF CONTACT FOR APPROVAL REQUEST AND PROCESSING IS CDR MELODY 
AT (901) 874-2370, E-MAIL:  BRENDAN.MELODY@NAVY.MIL.

5.  RELEASED BY VADM MARK FERGUSON, N1.//

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