ADMINISTRATIVE MESSAGE ROUTINE R 212145Z SEP 00 ZYB MIN PSN 236930J23 FM CNO WASHINGTON DC//N1// TO NAVADMIN UNCLAS NAVADMIN 243/2000 MSGID/GENADMIN/N13// SUBJ/NAVY JUDGE ADVOCATE CONTINUATION PAY (JACP)// REF/A/DOC/TITLE 37 USC 321/31DEC1998/-/NOTAL// AMPN/REF A PROVIDES AUTHORITY FOR JACP.// RMKS/1. THIS MSG ANNOUNCES THE IMPLEMENTATION OF JACP EFFECTIVE 1 OCT 00 AND DELEGATES AUTHORITY TO CHNAVPERS TO EXECUTE CONTRACTS, EFFECTIVE IMMEDIATELY. REF A PERTAINS. THIS MSG ALSO EXPLAINS THE JACP PROGRAM AND PROVIDES THE SAMPLE APPLICATION FORMAT TO BE USED FOR REQUESTING JACP. 2. GENERAL ELIGIBILITY. OFFICERS WHO ACCESSED INTO THE JUDGE ADVOCATE GENERAL'S CORPS THROUGH THE LAW EDUCATION PROGRAM, INCLUDING THOSE OFFICERS WHO RECEIVED ONLY PARTIAL FUNDING, ARE INELIGIBLE FOR JACP. TO BE ELIGIBLE FOR JACP, A NAVY JUDGE ADVOCATE MUST: A. BE A LIEUTENANT COMMANDER (LCDR/O-4) OR BELOW; B. BE QUALIFIED AND CERTIFIED IN ACCORDANCE WITH ARTICLE 27(B), UCMJ; C. AS A LIEUTENANT (LT/O-3), HAVE ACCEPTED AN APPOINTMENT AS A JUDGE ADVOCATE IN THE REGULAR NAVY (FOR PHASE I JACP); D. BE PROMOTED TO THE RANK OF LCDR IN THE REGULAR NAVY (FOR PHASE II JACP); AND E. BE PROMOTED TO THE RANK OF LCDR IN THE REGULAR NAVY AND COMPLETE 10 YEARS OF CONTINUOUS ACTIVE COMMISSIONED SERVICE AS A NAVY JUDGE ADVOCATE (FOR PHASE III JACP). 3. AUTHORITY. CHNAVPERS HAS BEEN DELEGATED AUTHORITY TO: A. EVALUATE ELIGIBILTY OF CANDIDATES FOR JACP; AND B. ADMINISTER THE JACP PROGRAM PURSUANT TO THIS NAVADMIN. 4. SPECIFIC JACP GUIDANCE. A. ALL JACP SERVICE OBLIGATIONS SHALL RUN CONSECUTIVELY WITH ANY OTHER OBLIGATED SERVICE THE JUDGE ADVOCATE PREVIOUSLY INCURRED AS A RESULT OF PRIOR SERVICE AGREEMENTS (E.G., INITIAL ACTIVE DUTY SERVICE OBLIGATION, ACCEPTANCE OF APPOINTMENT INTO THE REGULAR NAVY, ACCEPTANCE OF NAVY-FUNDED GRADUATE SCHOOL EDUCATION, OR A SERVICE OBLIGATION FROM AN EARLIER JACP AGREEMENT). B. PAYMENTS UNDER THE JACP PROGRAM ARE PHASED IN THE FOLLOWING MANNER AT SPECIFIC NAVY JUDGE ADVOCATE CAREER INTERVALS: (1) PHASE I. A PAYMENT OF $30,000 IS AUTHORIZED FOR ELIGIBLE JUDGE ADVOCATES ON THE FIRST ANNIVERSARY DATE AFTER THEIR ACCEPTANCE OF APPOINTMENTS INTO THE REGULAR NAVY, APPROXIMATELY AT THEIR FOURTH YEAR OF ACTIVE SERVICE, PROVIDED ACCEPTANCE OCCURRED WITHIN 120 DAYS OF THE DATE OF THE NAVADMIN AUTHORIZING DELIVERY OF THE APPOINTMENT INTO THE REGULAR NAVY. THE WINDOW OF ELIGIBILTY BEGINS WITH OFFICERS WHOSE FIRST ANNIVERSARY OF THEIR ACCEPTANCE OF AN APPOINTMENT INTO THE REGULAR NAVY OCCURRED IN FY-00, PROVIDED ACCEPTANCE OCCURRED WITHIN 120 DAYS OF THE DATE OF THE NAVADMIN AUTHORIZING DELIVERY OF THEIR APPOINTMENT INTO THE REGULAR NAVY. OFFICERS WHO ACCEPT THIS PAYMENT INCUR ACTIVE DUTY SERVICE OBLIGATIONS OF THREE YEARS. (2) PHASE II. A PAYMENT OF $15,000 IS AUTHORIZED FOR ELIGIBLE JUDGE ADVOCATES ON THE FIRST ANNIVERSARY DATE OF THEIR GRADUATION FROM NAVAL JUSTICE SCHOOL (NJS) AFTER PROMOTION TO THE RANK OF LCDR (O-4) IN THE REGULAR NAVY, AT APPROXIMATELY THE SIX TO SEVEN YEAR MARK OF ACTIVE SERVICE. OFFICERS WHO ACCEPT THIS PAYMENT INCUR ACTIVE DUTY SERVICE OBLIGATIONS OF TWO YEARS. ELIGIBILTY FOR PAYMENT UNDER PHASE II BEGINS WITH THOSE OFFICERS WHO WERE PROMOTED TO LCDR (O-4) IN FY-00. (3) PHASE III. A PAYMENT OF $15,000 IS AUTHORIZED FOR ELIGIBLE JUDGE ADVOCATES ON THE FIRST ANNIVERSARY DATE OF THEIR GRADUATION FROM NJS AFTER PROMOTION TO THE RANK OF LCDR (O-4) AND COMPLETING 10 YEARS OF CONTINUOUS ACTIVE COMMISSIONED SERVICE AS JUDGE ADVOCATES. OFFICERS WHO ACCEPT THIS PAYMENT INCUR ACTIVE DUTY SERVICE OBLIGATIONS OF TWO YEARS. ELIGIBILTY FOR PAYMENT UNDER PHASE III BEGINS WITH THOSE OFFICERS WHO COMPLETED THEIR TENTH YEAR OF CONTINUOUS ACTIVE COMMISSIONED SERVICE AS JUDGE ADVOCATES IN FY- 00. 5. JACP APPLICATIONS/APPROVAL/PAYMENT PROCESS. USING THE FORMAT PRESCRIBED IN PARAGRAPH 7 BELOW, ELIGIBLE JUDGE ADVOCATES MAY APPLY FOR JACP VIA THEIR COMMANDER OR COMMANDING OFFICER. COMNAVPERSCOM (PERS-4416), AS HEREBY DELEGATED BY THE CHNAVPERS, WILL REVIEW ALL JACP APPLICATIONS FROM ELIGIBLE JUDGE ADVOCATES. ONCE THE APPLICATION IS APPROVED BY COMNAVPERSCOM, THE JUDGE ADVOCATE WILL BE ELIGIBLE TO RECEIVE JACP. JUDGE ADVOCATES WHOSE JACP APPLICATIONS ARE APPROVED WILL BE PAID JACP AT THE ANNIVERSARY DATES SPECIFIED IN PARAGRAPH 4B ABOVE. 6. RECOUPMENT. A. REQUIRED. JUDGE ADVOCATES WHO RECEIVE JACP COMMIT TO REMAIN ON ACTIVE DUTY AS JUDGE ADVOCATES THROUGH THEIR JACP SERVICE OBLIGATION AND, IF NECESSARY, ACCEPT CONTINUATION IF THEY FAIL TO SELECT FOR PROMOTION. JUDGE ADVOCATES WILL BE REQUIRED TO REPAY THE UNEARNED PORTION OF ANY JACP RECEIVED ON A PRO RATA BASIS UNDER ANY OF 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 LISTED IN PARAGRAPH 6B BELOW; (2) IF THEY LOSE THEIR CERTIFICATION UNDER ARTICLE 27(B), UCMJ, OR ARE SUSPENDED FROM PRACTICE AS JUDGE ADVOCATES FOR ONE YEAR OR LONGER; AND/OR (3) IF THEY INCUR A DISEASE OR INJURY RESULTING IN INCAPACITATION OR DISABILITY THAT IS DETERMINED, PER THE JAG MANUAL, TO HAVE BEEN INCURRED NOT IN THE LINE OF DUTY. B. NOT REQUIRED. RECOUPMENT OR REPAYMENT OF UNEARNED JACP WILL NOT BE REQUIRED, AND A JACP SERVICE OBLIGATION WILL BE TERMINATED, UNDER THE FOLLOWING CIRCUMSTANCES: (1) IF JUDGE ADVOCATES WHO EXECUTED A JACP AGREEMENT DIE BEFORE COMPLETING THEIR JACP SERVICE OBLIGATIONS; (2) IF JUDGE ADVOCATES WHO EXECUTED JACP AGREEMENTS INCUR A DISEASE OR DISABILITY THAT RENDERS THEM UNQUALIFIED FOR ACTIVE DUTY SERVICE AND WAS NOT THE RESULT OF MISCONDUCT OR WILLFUL NEGLECT AND WAS NOT INCURRED DURING A PERIOD OF UNAUTHORIZED ABSENCE; AND/OR (3) IF SECNAV DETERMINES THAT, UNDER THE CIRCUMSTANCES, A WAIVER OF RECOUPMENT OR REPAYMENT OF UNEARNED JACP IS IN THE BEST INTERESTS OF THE UNITED STATES. 7. ACTION. COMMANDERS AND COMMANDING OFFICERS WILL INVITE ELIGIBLE AND QUALIFIED JUDGE ADVOCATES TO SUBMIT JACP APPLICATIONS TO CHNAVPERS. COMMANDERS AND COMMANDING OFFICERS MUST ENSURE THE INFORMATION PROVIDED IN AN OFFICER'S APPLICATION IS COMPLETE AND ACCURATE, THE OFFICER MEETS THE ELIGIBILITY REQUIREMENTS SET FORTH IN PARAGRAPHS 2 AND 3 ABOVE, AND NO ACTION AGAINST THE OFFICER IS PENDING THAT MAY RESULT IN THE OFFICER BECOMING INELIGIBLE FOR JACP. 8. SAMPLE APPLICATION FORMAT FOR JACP. (DATE) FROM: (ELIGIBLE OFFICER) (NAME, SSN, DESIG) TO: COMMANDER, NAVY PERSONNEL COMMAND (PERS-4416) VIA: ELIGIBLE OFFICER'S COMMANDER/COMMANDING OFFICER REF: (A) (THIS MSG) 1. I HEREBY APPLY FOR JACP EFFECTIVE IN ACCORDANCE WITH REFERENCE (A). CONTINGENT UPON APPROVAL OF MY APPLICATION FOR THIS SPECIAL PAY, I AGREE NOT TO TENDER A RESIGNATION OR TERMINATE VOLUNTARILY MY JUDGE ADVOCATE DESIGNATOR FOR (OBLIGATED SERVICE TIME SPECIFIED) BEYOND COMMMENCEMENT OF THE JACP SERVICE OBLIGATION. 2. I HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE PROVISIONS OF REFERENCE (A), INCLUDING THE CIRCUMSTANCES UNDER WHICH RECOUPMENT OR REPAYMENT OF UNEARNED JACP WILL BE REQUIRED. 3. I UNDERSTAND THAT COMMANDER, NAVY PERSONNEL COMMAND (PERS-4416), AS DELEGATED BY THE CHIEF OF NAVAL PERSONNEL, MUST VALIDATE MY ELIGIBILITY FOR JACP. I ALSO UNDERSTAND THAT, IF I AM FOUND NOT ELIGIBLE FOR JACP, THIS APPLICATION WILL BE RETURNED WITH NO ACTION TAKEN, AND I MAY REAPPLY AT A LATER DATE IF MY ELIGIBILITY FOR JACP CHANGES. I ALSO UNDERSTAND THAT COMMANDER, NAVY PERSONNEL COMMAND (PERS-4416) MUST VALIDATE THE TOTAL JACP FOR WHICH I AM QUALIFIED. 4. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING INFORMATION IS PROVIDED, WHICH I CERTIFY TO BE TRUE AND ACCURATE. ACTIVE COMMISSION BASE DATE: OBLIGATED SERVICE REMAINING: TOTAL YEARS OF ACTIVE DUTY: (SIGNATURE) 9. APPLICATIONS SHOULD BE SENT TO PERS-4416, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38055-4416; FAX (901) 874-2679/DSN 882. 10. RELEASED BY VADM N. R. RYAN, JR., N1.// BT