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ROUTINE
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NAVADMIN 134/24
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FM CNO WASHINGTON DC//N1//
INFO CNO WASHINGTON DC//N1//
MSGID/GENADMIN/CNO WASHINGTON DC/N1/JUL//
SUBJ/JUDGE ADVOCATE CONTINUATION PAY//
REF/A/MSG/CNO WASHINGTON DC/212016ZJUL22//
REF/B/DOC/USC/7SEP62//
REF/C/DOC/DOD/11JUL16//
REF/D/DOC/SECNAV/2MAY24//
REF/E/DOC/USC/10AUG56//
REF/F/DOC/JAG/20JAN15//
REF/G/DOC/JAG/27JAN24//
REF/H/DOC/JAG/26JAN22//
REF/I/DOC/DOD/DEC21//
REF/J/DOC/JAG/1DEC23//
NARR/REF A IS NAVADMIN 158/22, JUDGE ADVOCATE CONTINUATION PAY.
REF B IS TITLE 37, U.S. CODE, PAY AND ALLOWANCES OF THE UNIFORMED SERVICES.
REF C IS DODINST 1304.34, GENERAL BONUS AUTHORITY FOR OFFICERS.
REF D IS NAVY JUDGE ADVOCATE CONTINUATION PAY AUTHORIZATION.
REF E IS TITLE 10, U.S. CODE, ARMED FORCES.
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 1212.2D, JUDGE ADVOCATE GENERAL'S CORPS CAREER STATUS
BOARD.
REF H IS JAGINST 1150.2F, MILITARY JUSTICE LITIGATION CAREER TRACK.
REF I 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 J IS JAGINST 5800.7G CH 2, MANUAL OF THE JUDGE ADVOCATE GENERAL.//
RMKS/1. This NAVADMIN supersedes reference (a) concerning Judge
Advocate Continuation Pay (JACP) for eligible Navy judge advocates.
2. Program authority. This program is authorized under section 332
of reference (b), in line with reference (c), and program
authorization has been granted by the Assistant Secretary of the
Navy (Manpower and Reserve Affairs) in line with reference (d). All
applications for the bonuses contained within this program will be
submitted to the Judge Advocate General's 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 (LCDR) or
below, be qualified and certified in line with article 27(b) of
reference (e), be in good standing in line with reference (f), 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 (g). 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 LCDR in
the AC Navy.
(3) For Phase III JACP, be promoted to the rank of LCDR in
the AC Navy and have completed a minimum of 10 years of 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 (IPP), including those who did
not receive full funding for their legal education. Officers
accessed into the Navy JAGC through the direct commission IPP who
did not receive funding for their legal education are eligible for
JACP.
(3) Officers who have twice Failed of Selection (FOS) to
LCDR.
(4) Officers who have FOS twice to Commander (CDR), and who
are not selected for or who have declined continuation in the AC
Navy.
(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 eligibility of a judge
advocate and available funding, JACP will be paid as follows:
(1) Phase I: A payment of 30,000 dollars upon meeting the
eligibility requirements of paragraph 3 and completion of 4 to 7
years from the Active Duty Service Date (ADSD) as a Navy judge
advocate.
(2) Phase II: A payment of 40,000 dollars upon meeting the
eligibility requirements of paragraph 3 and completion of 7 to 10
years of commissioned service from the ADSD as a Navy judge
advocate.
(3) Phase III: A payment of 40,000 dollars upon meeting the
eligibility requirements of paragraph 3 and completion of 10 to 13
years of commissioned service from the ADSD as a Navy judge
advocate.
b. In addition to the JACP payments outlined in paragraph 4a,
judge advocates qualified as specialist I, specialist II, or expert
within the JAGC Military Justice Litigation Career Track (MJLCT)
under reference (h) are eligible for an additional 10,000 dollar
payment for each JACP phase. PERS-4416 will confirm whether judge
advocates are qualified within MJLCT at the time of JACP request and
upon confirmation, will pay eligible MJLCT qualified officers an
additional 10,000 dollars at the time their regular phased JACP
payment is made.
c. 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 unless PERS-4416
determines 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 (CO), Office of the Judge Advocate
Generals Corps (OJAG) division director, or equivalent position. 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 LCDR, the application of the officer for JACP Phase I
will not be approved until the results of the subsequent LCDR
selection board are known. If the officer is selected for promotion
at the subsequent LCDR 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 select for
promotion to CDR, the application of the officer for JACP Phases II
or III will not be approved until the results of the subsequent CDR
selection board are known. If the officer is selected for promotion
at the subsequent CDR selection board, the application of the
officer for JACP Phases II or III may be processed in line with this
NAVADMIN. If the officer is not selected for promotion at the
subsequent CDR 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 will begin on the effective date
of an approved JACP service agreement. Upon receipt of each JACP
phased payment, which includes additional JACP paid to MJLCT
qualified officers, judge advocates will incur the following service
obligations:
(1) Phase I: three years.
(2) Phase II: three years.
(3) Phase III: three years.
b. As required by reference (c), JACP service obligations will
run consecutively with service obligations from prior JACP phases
and/or participation in the Career Intermission Program (CIP). JACP
service obligations will run concurrently with postgraduate school
service obligations and service obligations resulting from
transferring the Post-9/11 GI Bill, 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. As such, resignation and retirement requests that seek
separation or retirement dates prior to completion of JACP service
obligations will normally be denied.
a. Repayment policy is governed by section 373 of reference (b)
and reference (i). In line with reference (i), 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 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 AC service
obligation due to separation or discharge from Active Duty for any
reason except those described in reference (i).
(2) If they lose their certification under article 27(b) of
reference (e), or are suspended from practice as judge advocates for
one 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 (j), to be the result of misconduct, willful
neglect, or incurred during a period of unauthorized absence.
(4) If they have twice FOS for LCDR, and have received
payment of JACP Phase I.
(5) If they have twice FOS for CDR, 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 (i) 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. COs, OJAG division directors, or equivalents will
invite eligible and qualified judge advocates to submit JACP
applications to PERS-4416. COs, OJAG division directors, or
equivalents must ensure the information provided in an application
of an officer is complete and accurate, the officer meets the
eligibility requirements set forth above, and no action against the
officer is pending which may result in the officer being ineligible
for JACP.
10. 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 ADSD and in
line with the payment scheme.
11. General Notes:
a. Consistent with this NAVADMIN and its references, the judge
advocate general may issue additional policy guidance regulating the
administration of JACP within the JAGC.
b. Additional information and updates regarding JACP are
available at the PERS-4416 website at https://login.secnav.navy.mil/.
c. Address all application questions to the JAGC detailer at
(901) 874-4082/DSN 882.
12. This NAVADMIN will remain in effect until superseded or
cancelled, whichever comes first.
13. Released by Vice Admiral Richard J. Cheeseman, Jr., N1.//
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