JUDGE ADVOCATE CONTINUATION PAY

[Tony]

CLASSIFICATION: UNCLASSIFIED//

ROUTINE

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NAVADMIN 158/22

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SUBJ/JUDGE ADVOCATE CONTINUATION PAY//

REF/A/MSG/CNO WASHINGTON DC/311917ZJUL17//
REF/B/DOC/USC/7SEP62//
REF/C/DOC/DOD/11JUL16//
REF/D/DOC/SECNAV/31MAR22//
REF/E/DOC/USC/10AUG56//
REF/F/DOC/JAG/20JAN15//
REF/G/DOC/JAG/08AUG18//
REF/H/DOC/JAG/26JAN22//
REF/I/DOC/DOD/DEC21//
REF/J/DOC/JAG/15JAN21//

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 
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 (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 
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 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 
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 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.
        (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 
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 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 
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.  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 
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 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 
(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.  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 
https://portal.secnav.navy.mil/orgs/jag/detailers/sitepages/jacp.asp
x.
    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.//

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