​JUDGE ADVOCATE CONTINUATION PAY

UNCLASSIFIED
ROUTINE
R 311917Z JUL 17
FM CNO WASHINGTON DC
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INFO CNO WASHINGTON DC
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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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