R 212016Z JUL 22 MID200080047176U
FM CNO WASHINGTON DC
INFO CNO WASHINGTON DC
PASS TO OFFICE CODES:
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/311917ZJUL17//
NARR/REF A IS NAVADMIN 187/17, 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 1212.2B CH 1, 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 1, MANUAL OF THE JUDGE ADVOCATE GENERAL.//
RMKS/1. This NAVADMIN supersedes reference (a) and announces the 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 Generals Corps
(JAGC) Assignments Branch (PERS-4416) for approval, payment processing, and
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 (e), be in good standing
per 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
(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 a minimum of
11 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
(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 lieutenant
(4) Officers who have twice FOS to commander, 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 5 to 7 YCS 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 8 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 11 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, 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
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
(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
(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 select 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 line 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
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
(1) Phase I: three years.
(2) Phase II: three years.
(3) Phase III: three years.
b. All JACP service obligations will run concurrently with any other
previous postgraduate school service obligations, except as otherwise
provided by law or policy. Obligations incurred as a result of taking
multiple phases of JACP and/or participation in the career intermission
program (CIP) may run consecutively.
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
(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
(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 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
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
9. Action. Commanding officers, OJAG division directors, or equivalents
will invite eligible and qualified judge advocates to submit JACP
applications to PERS-4416. Commanding officers, 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. 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. 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
c. Address all application questions to the JAGC lieutenant commander
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.//