JUDGE ADVOCATE CONTINUATION PAY

[Tony]

CLASSIFICATION: UNCLASSIFIED// 
ROUTINE 
R 022059Z JUL 24 MID120001260087U 
FM CNO WASHINGTON DC 
TO NAVADMIN 
INFO CNO WASHINGTON DC 
BT 
UNCLAS 
 
NAVADMIN 134/24 
 
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/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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CLASSIFICATION: UNCLASSIFIED//