ADMINISTRATIVE MESSAGE ROUTINE R 261430Z SEP 02 ZYB MIN PSN 134716J22 FM CNO WASHINGTON DC//N1// TO NAVADMIN UNCLAS//N07220// NAVADMIN 326/02 MSGID/GENADMIN/N1// SUBJ/SURFACE WARFARE OFFICER CRITICAL SKILLS BONUS// REF/A/DOC/CONGRESS/30OCT2000// AMPN/REF A IS 37 U.S. CODE, SECTION 323.// POC/CDR SHARPE/N131W/OPNAV/LOC:WASHINGTON, DC/TEL:703-693-2305// RMKS/1. PER REF A, SURFACE WARFARE OFFICER CRITICAL SKILLS (SWOCS) BONUS IS A NEW PROGRAM AUTHORIZED UNDER CRITICAL SKILLS RETENTION BONUS AND IS EXPECTED TO BECOME AVAILABLE UPON ENACTMENT OF THE FY-03 DEFENSE APPROPRIATIONS ACT. THIS NAVADMIN EXPLAINS THE SWOCS PROGRAM, ELIGIBILITY REQUIREMENTS, AND PAYMENT SCHEDULES. ANY UNFORESEEN CHANGE IN THE PROPOSED LAW OR IMPLEMENTATION WILL TAKE PRECEDENCE OVER THE CONTENTS OF THIS NAVADMIN AND DIRECTIONS FOR APPLICATION WILL BE CHANGED ACCORDINGLY. 2. AUTHORITY. THE CHIEF OF NAVAL PERSONNEL HAS BEEN DELEGATED AUTHORITY TO: A. EVALUATE ELIGIBILITY OF CANDIDATES FOR SWOCS; B. ACCEPT WRITTEN AGREEMENTS ON BEHALF OF THE SECRETARY OF THE NAVY BY SWO LCDRS TO REMAIN ON ACTIVE DUTY FOR THE SPECIFIED TIME PERIOD TO MEET REQUIREMENTS IN RETURN FOR BONUS; AND C. ADMINISTER SWOCS PROGRAM PURSUANT TO THIS NAVADMIN. 3. GENERAL. A. SWO LCDRS ARE EXPECTED TO BECOME ELIGIBLE TO RECEIVE SWOCS COMMENCING 01 OCT 2002, OR AS SOON THEREAFTER THAT THE DEFENSE APPROPRIATIONS ACT IS APPROVED BY THE PRESIDENT. B. SWOCS IS DESIGNED TO BE AN INCENTIVE, PAYING AN ELIGIBLE SWO LCDR UP TO 46,000 DOLLARS TO STAY IN THE NAVY, AND SWO COMMUNITY, THROUGH THE FIFTEENTH YEAR OF COMMISSIONED SERVICE (YCS). THE SWOCS PROGRAM IS STRUCTURED TO PAY ELIGIBLE OFFICERS ANNUAL PAYMENTS COMMENCING ON THE SECOND ANNIVERSARY IN WHICH THAT OFFICER WAS PROMOTED TO LCDR, AND CONTINUING ON TO THE THIRD AND FOURTH ANNIVERSARIES. PAYMENT SCHEDULES AND OBLIGATION REQUIREMENTS ARE DISCUSSED BELOW. C. SWOCS AGREEMENTS WILL BE MADE AVAILABLE TO ALL ELIGIBLE SWO LCDRS. D. THE EFFECTIVE DATE OF A SWOCS BONUS AGREEMENT WILL BE THE SECOND, THIRD, OR FOURTH ANNIVERSARY OF AN ELIGIBLE OFFICER'S PROMOTION TO LCDR. SWOCS AGREEMENTS EXPIRE UPON COMPLETION OF OBLIGATED YEAR(S) OF SERVICE FOR EACH AGREEMENT. E. OBLIGATION INCURRED BY A SWOCS AGREEMENT WILL RUN CONCURRENT WITH ANY OTHER OBLIGATED SERVICE APPLICABLE TO THAT OFFICER. 4. ELIGIBILITY. TO APPLY AN OFFICER MUST BE IN THE REGULAR NAVY OR NAVAL RESERVE ON ACTIVE DUTY AND MEET ALL OF THE FOLLOWING CRITERIA: A. QUALIFIED AND SERVING AS A SURFACE WARFARE OFFICER (DESIGNATOR 111X). B. PERMANENTLY APPOINTED LCDR. C. COMPLETED TWO AFLOAT DEPARTMENT HEAD TOURS OR A SINGLE LONGER TOUR PER THE DEPARTMENT HEAD SEQUENCING PLAN AS ASSIGNED BY PERS-41. D. HAS NOT COMPLETED MORE THAN TWENTY-FIVE YEARS OF ACTIVE DUTY, AND WILL NOT COMPLETE TWENTY-FIVE YEARS OF ACTIVE DUTY BEFORE THE END OF SWOCS CONTRACT PERIOD. E. SEA DUTY ASSIGNABLE AS PRESCRIBED IN BUMEDINST 1300.2. AN OFFICER DEEMED NOT SEA DUTY ASSIGNABLE ON THE SECOND, THIRD, OR FOURTH ANNIVERSARY OF PROMOTION TO LCDR WILL BE INELIGIBLE FOR SWOCS BONUS FOR THAT ONE YEAR PERIOD. SHOULD AN OFFICER BECOME FIT FOR SEA DUTY DURING AN OTHERWISE ELIGIBLE PERIOD, THEY WILL BE ELIGIBLE TO APPLY FOR SWOCS FOR THE NEXT ELIGIBLE PERIOD. F. AN OFFICER IS NOT ELIGIBLE TO RECEIVE BOTH SWOCP AND SWOCS CONCURRENTLY. 5. APPLICATIONS. ALL ELIGIBLE SWO LCDRS MAY APPLY WHEN WITHIN ONE YEAR OF AN ELIGIBILITY PERIOD. SUBMIT USING THE FORMAT PROVIDED BELOW VIA THE COMMANDING OFFICER. A. AN ELIGIBLE RESERVE OFFICER NOT PRESENTLY ON ACTIVE DUTY MAY APPLY FOR SWOCS UPON REPORTING FOR ACTIVE DUTY. THAT OFFICER MUST MEET ALL OF THE REQUIREMENTS DISCUSSED ABOVE. B. AN OFFICER WHO HAS A REQUEST FOR RESIGNATION PENDING, OR HAS A RESIGNATION ALREADY APPROVED BY THE SECRETARY OF THE NAVY, MUST FIRST SUBMIT A RESIGNATION WITHDRAWAL REQUEST. AN APPLICATION FOR SWOCS WILL NOT BE PROCESSED UNTIL THE REQUEST FOR WITHDRAWAL OF RESIGNATION HAS BEEN APPROVED. C. SUBMISSION AND ACCEPTANCE OF A SWOCS AGREEMENT BY A RESERVE OFFICER EXTENDS THE PERIOD OF REQUIRED ACTIVE SERVICE THAT THE OFFICER AGREES TO SERVE TO COVER THE OBLIGATED SERVICE REQUIREMENT OF SWOCS. 6. APPROVAL PROCESS. ALL APPLICATIONS FOR SWOCS WILL BE ADMINISTRATIVELY REVIEWED AND APPROVED BY PERS-41. 7. PAYMENT SCHEDULE (STANDARD EXECUTION). APPROVED APPLICANTS WILL RECEIVE PAYMENTS ON THE SECOND, THIRD, OR FOURTH ANNIVERSARY OF THEIR DATE OF RANK AS LCDR, DEPENDENT UPON THEIR PROMOTION YEAR GROUP (PYG) AND WHEN THEY APPLY. FOR EXAMPLE: AN OFFICER WHO ELECTS NOT TO APPLY (OR IS NOT ELIGIBLE) FOR SWOCS BONUS BEFORE HIS SECOND ANNIVERSARY OF PROMOTION TO LCDR, BUT BETWEEN HIS SECOND AND THIRD ANNIVERSARY ELECTS (OR BECOMES ELIGIBLE) TO APPLY, WILL RECEIVE A PAYMENT FOR HIS THIRD ANNIVERSARY, AND WILL HAVE FORGONE HIS SECOND ANNIVERSARY PAYMENT ALTOGETHER. THE SAME LOGIC ALSO APPLIES TO OFFICERS DEEMED INELIGIBLE FOR SWOCS BONUS DURING ONE PAYMENT PERIOD, BUT WHO SUBSEQUENTLY BECOME ELIGIBLE DURING ANOTHER PERIOD. THE FOLLOWING TABLE DESCRIBES THE STANDARD PAYMENT SCHEDULE: SINGLE YEAR CONTRACT OPTION: SWOCS PAYMENT POINT PAYMENT OBLISERV LCDR + 2 YEARS $12,000 1 YEAR LCDR + 3 YEARS $12,000 1 YEAR LCDR + 4 YEARS $12,000 1 YEAR MULTI-YEAR CONTRACT OPTION (REQUIRES THREE YEAR OBLIGATION): SWOCS PAYMENT POINT PAYMENT LCDR + 2 YEARS $22,000 1ST ANNIVERSARY PAYMENT $12,000 2ND ANNIVERSARY PAYMENT $12,000 8. PAYMENT SCHEDULE (START-UP). SWO LCDRS SELECTED BY FY-99, FY-00, AND FY-01 BOARDS WILL BE THE FIRST OFFICERS ELIGIBLE TO APPLY FOR SWOCS. PROMOTION YEAR GROUP WILL DETERMINE CONTRACT OPTION AVAILABLE TO EACH OFFICER. LCDRS SELECTED BY FY-01 BOARDS (OFFICERS WHO ACHIEVE LCDR DOR PLUS 2 YEARS DURING FY-03) WILL BE THE ONLY OFFICERS ELIGIBLE FOR MULTI-YEAR CONTRACT OPTION DURING FY-03 PROGRAM IMPLEMENTATION. 9. RECOUPMENT. A. IN THE EVENT AN OFFICER RECEIVING SWOCS FAILS TO MAINTAIN ELIGIBILITY FOR THIS BONUS OR FAILS TO COMPLETE THE FULL PERIOD OF OBLIGATED SERVICE, NO FURTHER PAYMENTS SHALL BE MADE. A PRO RATA RECOUPMENT OF THIS BONUS SHALL BE REQUIRED. SITUATIONS REQUIRING RECOUPMENT INCLUDE, BUT ARE NOT LIMITED TO: (1) APPROVED REQUEST FOR VOLUNTARY RELEASE FROM WRITTEN AGREEMENT IF, DUE TO UNUSUAL CIRCUMSTANCES, IT IS DETERMINED BY NAVY PERSONNEL COMMAND(NAVPERSCOM) THAT SUCH RELEASE WOULD BE CLEARLY IN THE BEST INTERESTS OF BOTH THE NAVY AND OFFICER CONCERNED; (2) APPROVED VOLUNTARY REQUEST FOR RELIEF; (3) FAILURE TO MAINTAIN FITNESS FOR SEA DUTY; (4) REFUSAL TO ACCEPT ORDERS TO A DESIGNATED BILLET; (5) DISABILITY RESULTING FROM MISCONDUCT, WILLFUL NEGLECT, OR INCURRED DURING A PERIOD OF UNAUTHORIZED ABSENCE; (6) SEPARATION FOR CAUSE, INCLUDING MISCONDUCT; (7) APPROVED DETACHMENT FOR CAUSE; (8) SEPARATION BY REASON OF WEIGHT CONTROL AND/OR PHYSICAL FITNESS ASSESSMENT FAILURE. B. IF, FOR ANY OF THE FOLLOWING REASONS, AN OFFICER FAILS TO MAINTAIN ELIGIBILITY FOR SWOCS, NO FURTHER PAYMENTS WILL BE MADE, BUT RECOUPMENT OF PAYMENTS ALREADY MADE WILL NOT BE REQUIRED: (1) DISABILITY NOT THE RESULT OF MISCONDUCT OR WILLFUL NEGLECT, OR NOT INCURRED DURING A PERIOD OF UNAUTHORIZED ABSENCE. (2) SEPARATION FROM NAVAL SERVICE BY OPERATION OF LAWS OR REGULATIONS INDEPENDENT OF MISCONDUCT. (3) WHERE NAVPERSCOM DETERMINES THAT WAIVING REQUIREMENT TO RECOUP PAYMENTS IS CLEARLY IN THE BEST INTERESTS OF THE UNITED STATES. C. WHEN AN OFFICER SERVING UNDER A SWOCS SERVICE AGREEMENT DIES BEFORE RECEIVING THE FULL AMOUNT OF BONUS DUE, THE REMAINING UNPAID BALANCE IS PAYABLE AS A LUMP SUM FOR INCLUSION IN SETTLEMENT OF DECEASED OFFICER'S FINAL MILITARY PAY ACCOUNT. 10. LATERAL TRANSFER FROM SURFACE WARFARE. OFFICERS RECEIVING SWOCS BONUS MAY NOT TRANSFER FROM THE SURFACE WARFARE COMMUNITY PRIOR TO COMPLETING THE ENTIRE DURATION OF TIME FOR WHICH THEY WERE PAID; HOWEVER, AN OFFICER MAY APPLY AND BE ACCEPTED FOR LATERAL TRANSFER WITHOUT PENALTY. 11. SAMPLE APPLICATION FORMAT FOR SWOCS BONUS: FROM: (ELIGIBLE OFFICER) (NAME, SSN, DESIG) TO: COMMANDER NAVY PERSONNEL COMMAND (PERS-41) VIA: COMMANDING OFFICER, USS UNDERWAY (DD XXX) SUBJ: REQUEST FOR SURFACE WARFARE OFFICER CRITICAL SKILLS BONUS REF: (A) NAVADMIN XX/02 (B) 37 USC 323 1. I HAVE READ AND UNDERSTAND THE PROVISIONS OF REFERENCE (A) INCLUDING ALL PROVISIONS RELATING TO TERMINATION OF PAYMENTS TO BE MADE UNDER THIS AGREEMENT AND THE CIRCUMSTANCES UNDER WHICH RECOUPMENT BY THE GOVERNMENT OF SUMS PAID MAY BE REQUIRED, TO WHICH I AGREE. I HEREBY APPLY FOR (SPECIFY: SINGLE YEAR OR MULTI-YEAR OPTION) BONUS PROPOSED IN REFERENCE (B), UPON ITS APPROVAL. 2. (REGULAR OFFICER) CONTINGENT UPON ACCEPTANCE OF MY APPLICATION FOR THIS BONUS, I AGREE NOT TO TENDER A RESIGNATION WHICH WILL BE EFFECTIVE PRIOR TO THE COMPLETION OF THE PERIOD OBLIGATED TO UNDER PROVISIONS OF SWOCS PAYMENT RECEIVED. I UNDERSTAND THAT, UPON ACCEPTANCE, THIS APPLICATION IS BINDING, AND THEREUPON I SHALL BE ELIGIBLE TO RECEIVE THE BONUS DISCUSSED IN REFERENCE (A) IN ACCORDANCE WITH THE DISBURSMENT SCHEDULE DELINEATED IN REFERENCE(A). ****OR**** 2. (RESERVE OFFICER) CONTINGENT UPON ACCEPTANCE OF MY APPLICATION FOR THIS BONUS, I CONSENT TO SERVE ON ACTIVE DUTY THROUGH THE COMPLETION OF PERIOD OBLIGATION UNDER PROVISIONS OF SWOCS PAYMENT RECEIVED. I FURTHER AGREE TO ACCEPT INDEFINITE RELEASE FROM ACTIVE DUTY (IRAD) STATUS, UNDER WHICH I MUST NOTIFY THE COMMANDER NAVY PERSONNEL COMMAND NOT LESS THAN SIX MONTHS PRIOR TO EXPIRATION OF ACTIVE DUTY. I UNDERSTAND THAT, UPON ACCEPTANCE, THIS APPLICATION IS BINDING, AND THAT THEREUPON I SHALL BE ELIGIBLE TO RECEIVE PAYMENTS DISCUSSED IN REFERENCE (A). (SIGNATURE) 12. APPLICATIONS SHOULD BE FAXED TO THE SWOCS PROGRAM MANAGER, PERS-411C, AT (901) 874-2757/8/9, 2685, 2687/DSN 882 OR E-MAIL: P411C@PERSNET.NAVY.MIL. ALSO VISIT THE BUPERS WEB SITE AT: WWW.BUPERS.NAVY.MIL/PERS41/SWOCS. 13. RELEASED BY MATTHEW G. HENRY, N1 ACTING.// BT