UNCLASSIFIED ROUTINE R 311917Z JUL 17 FM CNO WASHINGTON DC TO NAVADMIN INFO CNO WASHINGTON DC BT UNCLAS PASS TO OFFICE CODES: FM CNO WASHINGTON DC//N1// INFO CNO WASHINGTON DC//N1// 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.// BT #0001 NNNN UNCLASSIFIED//