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.// BT #0001 NNNN CLASSIFICATION: UNCLASSIFIED//