FY-08 NATIONAL DEFENSE AUTHORIZATION ACT EXPIRATION OF AUTHORITY FOR PAYMENT OF CERTAIN BONUSES UNDER NEW CONTRACTS// REMARKS/1. THIS NAVADMIN PROVIDES IMPLEMENTING GUIDANCE DURING THE PERIOD BETWEEN THE EXPIRATIO...:
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NAVADMIN 366/07
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SUBJ/FY-08 NATIONAL DEFENSE AUTHORIZATION ACT EXPIRATION OF AUTHORITY
FOR PAYMENT OF CERTAIN BONUSES UNDER NEW CONTRACTS// REMARKS/1. THIS
NAVADMIN PROVIDES IMPLEMENTING GUIDANCE DURING THE PERIOD BETWEEN THE
EXPIRATION OF AUTHORITIES TO APPROVE CERTAIN BONUSES AND SPECIAL PAY
PROGRAMS, AND THE ENACTMENT OF A FY-08 NATIONAL DEFENSE AUTHORIZATION
ACT (NDAA) OR OTHER LEGISLATION THAT EXTENDS REQUIRED AUTHORITIES.
EVERY SAILOR'S CASE WILL BE CONSIDERED ON AN INDIVIDUAL BASIS AND WE
WILL TAKE WHATEVER MITIGATING STEPS WE CAN TO RESOLVE THE SITUATION TO
THE SAILOR?S MAXIMUM ADVANTAGE. ON 1 JANUARY 2008, THERE WILL BE A
THREE (3.0) PERCENT PAY RAISE INSTEAD OF THE THREE AND A HALF (3.5)
PERCENT PAY RAISE PROPOSED IN THE NDAA. THE PLANNED 3.5 PERCENT PAY
RAISE AND ITS POSSIBLE RETROACTIVE PAYMENT IS DEPENDENT UPON FUTURE
LEGISLATIVE ACTION.
2. COMMENCING 1 JANUARY 2008, APPROVAL OF NEW CONTRACTS FOR BONUSES
AND SPECIAL PAY PROGRAMS, LISTED IN PARA 3, IS SUSPENDED UNTIL FURTHER
NOTICE. THIS AFFECTS ONLY NEW CONTRACTS AND THEREFORE ANNUAL PAYMENTS
(INCLUDING STIPENDS) FROM PREVIOUS CONTRACTS WILL CONTINUE TO BE PAID.
THIS INFORMATION SHOULD BE CONVEYED IMMEDIATELY TO ALL POTENTIALLY
AFFECTED PERSONNEL, OFFICER AND ENLISTED.
3. NO NEW CONTRACTS FOR THE FOLLOWING BONUSES AND SPECIAL PAY PROGRAMS
WILL BE APPROVED UNTIL ENACTMENT OF THE FY-08 NDAA OR UNTIL EXTENSION
OF AUTHORITY IS GRANTED THROUGH OTHER LEGISLATION ENACTED BY CONGRESS
AND PASSED INTO LAW:
A. AUTHORITIES RELATING TO PAYMENT OF ENLISTMENT, REENLISTMENT AND
OTHER BONUSES AND SPECIAL PAYS.
(1) ENLISTMENT BONUS - 37 USC SECTION 309
(2) REENLISTMENT BONUS FOR ACTIVE MEMBERS - 37 USC SECTION
308
(3) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY SKILL OR
ASSIGNED TO HIGH PRIORITY UNITS - 37 USC SECTION 323
(4) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS - 37
USC SECTION 324
(5) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL
SPECIALTY TO EASE PERSONNEL SHORTAGE - 37 USC SECTION 326
(6) ACCESSION BONUS FOR OFFICER CANDIDATES - 37 USC SECTION 330
(7) AVIATION OFFICER RETENTION BONUS - 37 USC SECTION 301B
B. BONUS AND SPECIAL PAYS FOR RESERVE FORCES.
(1) SPECIAL PAY FOR SELECTED HEALTH PROFESSIONALS IN CRITICALLY
SHORT WARTIME SPECIALTIES - 37 USC SECTION 302G
(2) SELECTED RESERVE REENLISTMENT BONUS - 37 USC SECTION 308B
(3) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS - 37 USC
SECTION 308C
(4) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH
PRIORITY UNITS - 37 USC SECTION 308D
(5) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT PRIOR
SERVICE - 37 USC SECTION 308G
(6) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS FOR PERSONS
WITH PRIOR SERVICE - 37 USC SECTION 308H
(7) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH PRIOR
SERVICE - 37 USC SECTION 308I
(8) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE - 10 USC SECTION
16302
C. BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(1) NURSE OFFICER CANDIDATE ACCESSION PROGRAM - 10 USC SECTION
2130A
(2) ACCESSION BONUS FOR REGISTERED NURSES - 37 USC SECTION 302D
(3) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS AND OTHER
NURSE SPECIALTIES - 37 USC SECTION 302E
(4) ACCESSION BONUS FOR DENTAL OFFICERS - 37 USC SECTION 302H
(5) ACCESSION BONUS FOR PHARMACY OFFICERS - 37 USC SECTION 302J
(6) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY SHORT
WARTIME SPECIALTIES - 37 USC SECTION 302K
(7) ACCESSION BONUS FOR DENTAL SPECIALIST OFFICERS IN
CRITICALLY SHORT WARTIME SPECIALTIES - 37 USC SECTION 302L
D. SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
(1) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD
OF ACTIVE SERVICE - 37 USC SECTION 312
(2) NUCLEAR CAREER ACCESSION BONUS - 37 USC SECTION 312B
(3) NUCLEAR CAREER ANNUAL INCENTIVE BONUS - 37 USC SECTION 312C
4. WE WILL BE PREPARED TO HANDLE EACH SITUATION ON AN INDIVIDUAL BASIS;
HOWEVER, THE FOLLOWING GENERAL POLICY GUIDANCE IS TO BE FOLLOWED UNTIL
THE LEGISLATION REINSTATING THE REQUIRED AUTHORITIES IS ENACTED:
A. CONTINGENT BONUS ADDENDUM. IN MOST CASES, INCLUDING
ENLISTMENTS AND REENLISTMENTS, A CONTINGENT BONUS ADDENDUM CAN BE ADDED
TO CONTRACTS WHICH ACKNOWLEDGES ELIGIBILITY FOR A BONUS BUT DOES NOT
GUARANTEE BONUS PAYMENT. THIS WILL ENABLE BONUSES TO BE PAID WITHOUT
FURTHER ACTION BY INDIVIDUALS ONCE AUTHORITY IS REESTABLISHED; HOWEVER,
WHETHER PAYMENTS WILL BE RETROACTIVE WILL DEPEND ON HOW CONGRESS
REINSTATES THE LAPSED AUTHORITIES.
B. ENLISTMENT/AFFILIATION BONUSES. ACTIVE AND RESERVE
ENLISTMENT/AFFILIATION AGREEMENTS EXECUTED DURING THE PERIOD OF LAPSED
AUTHORITY SHALL NOT INCLUDE ENLISTMENT BONUS GUARANTEES ALTHOUGH A
CONTINGENT BONUS ADDENDUM MAY BE USED.
C. ENLISTED RETENTION/REENLISTMENT BONUSES. ACTIVE AND RESERVE
MEMBERS REENLISTING DURING THE PERIOD OF SUSPENSION ARE NOT ENTITLED TO
BONUSES UNLESS CONTINGENT BONUS ADDENDUM IS INCLUDED AS PART OF THE
BONUS REENLISTMENT DOCUMENTS. SPECIFIC SCENARIOS FOR SRB ELIGIBLE
SAILORS WHO ELECT TO NOT USE A CONTINGENT BONUS ADDENDUM INCLUDE, BUT
ARE NOT LIMITED TO:
(1) A SAILOR WHO REACHES THEIR EAOS ON OR AFTER 1 JANUARY
2008 CAN, AT EAOS, EXTEND FOR ONE MONTH TO RETAIN SRB ELIGIBILITY WITH
SUBSEQUENT MONTH-BY-MONTH EXTENSIONS AUTHORIZED BEYOND 1 FEBRUARY 2008
IF NECESSARY. USE THIS NAVADMIN AS AUTHORITY TO EXECUTE THE ONE-MONTH
EXTENSION AND NAVPERS 1070/613 ADMINISTRATIVE REMARKS (PAGE 13).
(2) A SAILOR WHO WILL EXECUTE PCS ORDERS DURING JANUARY WILL BE
AUTHORIZED TO REENLIST WITHIN 30 DAYS OF RESTORATION OF AUTHORITY.
SAILORS IN THIS SITUATION MUST SIGN A NAVPERS 1070/613 ADMINISTRATIVE
REMARKS (PAGE 13) AGREEING TO REENLIST WITHIN 30 DAYS OF REINSTATEMENT
OF AUTHORITIES. IF IN TRANSIT, ON LEAVE OR TAD AT THAT TIME, THESE
MEMBERS WILL BE REQUIRED TO REPORT TO A NAVAL ACTIVITY WITHIN THE 30
DAY PERIOD TO EXECUTE THEIR REENLISTMENT.
(3) A SAILOR WHO IS REQUIRED TO HAVE MINIMUM OBLIGATED SERVICE
PRIOR TO EXECUTING ORDERS OVERSEAS OR TO A SCHOOL MUST SIGN A NAVPERS
1070/613 ADMINISTRATIVE REMARKS (PAGE 13) AGREEING TO REENLIST WITHIN
30 DAYS OF PASSAGE OF THE AUTHORIZATION ACT. THE PROVISIONS OF
PARAGRAPHS 4.G AND H OF MILPERSMAN 1306-106 WITH REGARD TO NAVPERS
1070/613 ADMINISTRATIVE REMARKS (PAGE 13) IN LIEU OF HARD OBLISERV FOR
PERIODS OVER 12 MONTHS REMAIN IN EFFECT.
WRITTEN APPROVAL FROM COMNAVPERSCOM (PERS-451) IS REQUIRED FOR WAIVERS
OF THE 30 DAY REQUIREMENT TO OBTAIN OBLISERV AND/OR USE OF NAVPERS
1070/613 ENTRIES FOR PERIODS OF MORE THAN 12 MONTHS. EMAIL REQUESTS TO
pers451@navy.mil. IF IN TRANSIT, ON LEAVE OR TAD WHEN AUTHORITIES
ARE REINSTATED, THESE MEMBERS WILL BE REQUIRED TO REPORT TO A NAVAL
ACTIVITY WITHIN THE 30 DAY PERIOD TO EXECUTE THEIR REENLISTMENT.
(4) ANY SAILOR WHO ALREADY HAS AN APPROVED SRB REENLISTMENT
DATE DURING THE TIME OF THE LAPSED AUTHORITY OR WHO WILL PASS INTO A
NEW REENLISTMENT ZONE AND WILL BE DISADVANTAGED BY REENLISTING AT A
LATER DATE WILL BE HANDLED ON AN INDIVIDUAL BASIS. DUE TO THE
COMPLEXITIES OF THIS SITUATION THE COMMAND CAREER COUNSELOR SHOULD
CONTACT COMNAVPERSCOM
(PERS-811F) AT (901) 874-2526/DSN 882, FAX
(901) 874-2623/DSN 882, OR EMAIL ETC(SW/AW) MCCANN AT
scott.mccann@navy.mil.
(5) A SAILOR WHO EXTENDS BEYOND HIS COMBAT ZONE TAX EXCLUSION
ELIGIBILITY IN ORDER TO REENLIST FOR AN SRB BONUS WILL LOSE SRB TAX
ADVANTAGES UNLESS CONGRESS SPECIFICALLY ACTS TO RECTIFY THIS SITUATION.
D. OFFICER ACCESSION/AFFILIATION BONUSES. ACTIVE AND RESERVE
ACCESSION/AFFILIATION AGREEMENTS EXECUTED DURING THE PERIOD OF LAPSED
AUTHORITY SHALL NOT INCLUDE BONUS GUARANTEES ALTHOUGH A CONTINGENT
BONUS ADDENDUM MAY BE USED.
E. OFFICER CONTINUATION PAYS. OFFICERS MEETING ELIGIBILITY
REQUIREMENTS SHOULD BE ADVISED TO DELAY SIGNING OBLIGATIONS FOR
EXTENDED SERVICE UNTIL SUCH TIME AS THE AUTHORITY IS REINSTATED
ALTHOUGH A CONTINGENT BONUS ADDENDUM MAY BE USED.
5. NAVY WILL WORK WITH THE OFFICE OF THE SECRETARY OF DEFENSE TO
MITIGATE ANY POTENTIAL IMPACT RESULTING FROM THESE LAPSED AUTHORITIES
AND ENABLE SAILORS TO RECOVER ANY MONIES AND COMBAT-ZONE RELATED TAX
BREAKS FOR WHICH THEY WOULD HAVE BEEN ELIGIBLE HAD THE NDAA BEEN IN
EFFECT ON 1 JANUARY 2008. RESUMPTION OF BONUS CONTRACT APPROVAL WILL
COMMENCE ONCE THE APPROPRIATE LAW IS ENACTED AND UPON WHICH TIME
ADDITIONAL GUIDANCE, VIA NAVADMIN, WILL BE PROMULGATED.
6. FOR SPECIFIC QUESTIONS REGARDING THIS NAVADMIN CONTACT THE NPC
CALL-CENTER AT (866) U-ASK-NPC (DSN: 882-5672) AND CONSULT THE NPC
WEBSITE (WWW.NPC.NAVY.MIL) WHERE FREQUENTLY ASKED QUESTIONS (FAQ'S)
WILL BE REGULARLY UPDATED. ACTIVE-DUTY ENLISTED SAILORS ARE ENCOURAGED
TO CONTACT THEIR COMMUNITY MANAGERS OR DETAILERS VIA THEIR COMMAND
CAREER COUNSELORS. ACTIVE AND RESERVE OFFICERS SHOULD CONTACT THEIR
COMMUNITY MANAGERS OR DETAILERS VIA THEIR COMMANDING OR EXECUTIVE
OFFICERS. SELRES ENLISTED SHOULD CONTACT NCC STOKES,
PHONE: (504) 678-4057/DSN 678, FAX: (504) 678-1204, OR EMAIL AT
john.stokes@navy.mil.
7. RELEASED BY VADM J. C. HARVEY, JR., N1.//
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