RAAUZYUW RUEWMCS0000 3651850-UUUU--RUCRNAD ZNR UUUUU R 311808Z DEC 07 FM CNO WASHINGTON DC//N1// TO NAVADMIN BT UNCLAS //N01040// NAVADMIN 366/07 MSGID/GENADMIN/CNO WASHINGTON DC/N1/DEC// SUBJ/FY-08 NATIONAL DEFENSE AUTHORIZATION ACT EXPIRATION OF AUTHORITY FOR PAYMENT OF CERTAIN BONUSES UNDER NEW CONTRACTS// REMARKS/1. THIS NAVADMIN PROVIDES IMPLEMENTING GUIDANCE DURING THE PERIOD BETWEEN THE EXPIRATION OF AUTHORITIES TO APPROVE CERTAIN BONUSES AND SPECIAL PAY PROGRAMS, AND THE ENACTMENT OF A FY-08 NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) OR OTHER LEGISLATION THAT EXTENDS REQUIRED AUTHORITIES. EVERY SAILOR'S CASE WILL BE CONSIDERED ON AN INDIVIDUAL BASIS AND WE WILL TAKE WHATEVER MITIGATING STEPS WE CAN TO RESOLVE THE SITUATION TO THE SAILOR?S MAXIMUM ADVANTAGE. ON 1 JANUARY 2008, THERE WILL BE A THREE (3.0) PERCENT PAY RAISE INSTEAD OF THE THREE AND A HALF (3.5) PERCENT PAY RAISE PROPOSED IN THE NDAA. THE PLANNED 3.5 PERCENT PAY RAISE AND ITS POSSIBLE RETROACTIVE PAYMENT IS DEPENDENT UPON FUTURE LEGISLATIVE ACTION. 2. COMMENCING 1 JANUARY 2008, APPROVAL OF NEW CONTRACTS FOR BONUSES AND SPECIAL PAY PROGRAMS, LISTED IN PARA 3, IS SUSPENDED UNTIL FURTHER NOTICE. THIS AFFECTS ONLY NEW CONTRACTS AND THEREFORE ANNUAL PAYMENTS (INCLUDING STIPENDS) FROM PREVIOUS CONTRACTS WILL CONTINUE TO BE PAID. THIS INFORMATION SHOULD BE CONVEYED IMMEDIATELY TO ALL POTENTIALLY AFFECTED PERSONNEL, OFFICER AND ENLISTED. 3. NO NEW CONTRACTS FOR THE FOLLOWING BONUSES AND SPECIAL PAY PROGRAMS WILL BE APPROVED UNTIL ENACTMENT OF THE FY-08 NDAA OR UNTIL EXTENSION OF AUTHORITY IS GRANTED THROUGH OTHER LEGISLATION ENACTED BY CONGRESS AND PASSED INTO LAW: A. AUTHORITIES RELATING TO PAYMENT OF ENLISTMENT, REENLISTMENT AND OTHER BONUSES AND SPECIAL PAYS. (1) ENLISTMENT BONUS - 37 USC SECTION 309 (2) REENLISTMENT BONUS FOR ACTIVE MEMBERS - 37 USC SECTION 308 (3) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY SKILL OR ASSIGNED TO HIGH PRIORITY UNITS - 37 USC SECTION 323 (4) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS - 37 USC SECTION 324 (5) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE - 37 USC SECTION 326 (6) ACCESSION BONUS FOR OFFICER CANDIDATES - 37 USC SECTION 330 (7) AVIATION OFFICER RETENTION BONUS - 37 USC SECTION 301B B. BONUS AND SPECIAL PAYS FOR RESERVE FORCES. (1) SPECIAL PAY FOR SELECTED HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES - 37 USC SECTION 302G (2) SELECTED RESERVE REENLISTMENT BONUS - 37 USC SECTION 308B (3) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS - 37 USC SECTION 308C (4) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS - 37 USC SECTION 308D (5) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT PRIOR SERVICE - 37 USC SECTION 308G (6) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS FOR PERSONS WITH PRIOR SERVICE - 37 USC SECTION 308H (7) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH PRIOR SERVICE - 37 USC SECTION 308I (8) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE - 10 USC SECTION 16302 C. BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. (1) NURSE OFFICER CANDIDATE ACCESSION PROGRAM - 10 USC SECTION 2130A (2) ACCESSION BONUS FOR REGISTERED NURSES - 37 USC SECTION 302D (3) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS AND OTHER NURSE SPECIALTIES - 37 USC SECTION 302E (4) ACCESSION BONUS FOR DENTAL OFFICERS - 37 USC SECTION 302H (5) ACCESSION BONUS FOR PHARMACY OFFICERS - 37 USC SECTION 302J (6) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY SHORT WARTIME SPECIALTIES - 37 USC SECTION 302K (7) ACCESSION BONUS FOR DENTAL SPECIALIST OFFICERS IN CRITICALLY SHORT WARTIME SPECIALTIES - 37 USC SECTION 302L D. SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS. (1) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE - 37 USC SECTION 312 (2) NUCLEAR CAREER ACCESSION BONUS - 37 USC SECTION 312B (3) NUCLEAR CAREER ANNUAL INCENTIVE BONUS - 37 USC SECTION 312C 4. WE WILL BE PREPARED TO HANDLE EACH SITUATION ON AN INDIVIDUAL BASIS; HOWEVER, THE FOLLOWING GENERAL POLICY GUIDANCE IS TO BE FOLLOWED UNTIL THE LEGISLATION REINSTATING THE REQUIRED AUTHORITIES IS ENACTED: A. CONTINGENT BONUS ADDENDUM. IN MOST CASES, INCLUDING ENLISTMENTS AND REENLISTMENTS, A CONTINGENT BONUS ADDENDUM CAN BE ADDED TO CONTRACTS WHICH ACKNOWLEDGES ELIGIBILITY FOR A BONUS BUT DOES NOT GUARANTEE BONUS PAYMENT. THIS WILL ENABLE BONUSES TO BE PAID WITHOUT FURTHER ACTION BY INDIVIDUALS ONCE AUTHORITY IS REESTABLISHED; HOWEVER, WHETHER PAYMENTS WILL BE RETROACTIVE WILL DEPEND ON HOW CONGRESS REINSTATES THE LAPSED AUTHORITIES. B. ENLISTMENT/AFFILIATION BONUSES. ACTIVE AND RESERVE ENLISTMENT/AFFILIATION AGREEMENTS EXECUTED DURING THE PERIOD OF LAPSED AUTHORITY SHALL NOT INCLUDE ENLISTMENT BONUS GUARANTEES ALTHOUGH A CONTINGENT BONUS ADDENDUM MAY BE USED. C. ENLISTED RETENTION/REENLISTMENT BONUSES. ACTIVE AND RESERVE MEMBERS REENLISTING DURING THE PERIOD OF SUSPENSION ARE NOT ENTITLED TO BONUSES UNLESS CONTINGENT BONUS ADDENDUM IS INCLUDED AS PART OF THE BONUS REENLISTMENT DOCUMENTS. SPECIFIC SCENARIOS FOR SRB ELIGIBLE SAILORS WHO ELECT TO NOT USE A CONTINGENT BONUS ADDENDUM INCLUDE, BUT ARE NOT LIMITED TO: (1) A SAILOR WHO REACHES THEIR EAOS ON OR AFTER 1 JANUARY 2008 CAN, AT EAOS, EXTEND FOR ONE MONTH TO RETAIN SRB ELIGIBILITY WITH SUBSEQUENT MONTH-BY-MONTH EXTENSIONS AUTHORIZED BEYOND 1 FEBRUARY 2008 IF NECESSARY. USE THIS NAVADMIN AS AUTHORITY TO EXECUTE THE ONE-MONTH EXTENSION AND NAVPERS 1070/613 ADMINISTRATIVE REMARKS (PAGE 13). (2) A SAILOR WHO WILL EXECUTE PCS ORDERS DURING JANUARY WILL BE AUTHORIZED TO REENLIST WITHIN 30 DAYS OF RESTORATION OF AUTHORITY. SAILORS IN THIS SITUATION MUST SIGN A NAVPERS 1070/613 ADMINISTRATIVE REMARKS (PAGE 13) AGREEING TO REENLIST WITHIN 30 DAYS OF REINSTATEMENT OF AUTHORITIES. IF IN TRANSIT, ON LEAVE OR TAD AT THAT TIME, THESE MEMBERS WILL BE REQUIRED TO REPORT TO A NAVAL ACTIVITY WITHIN THE 30 DAY PERIOD TO EXECUTE THEIR REENLISTMENT. (3) A SAILOR WHO IS REQUIRED TO HAVE MINIMUM OBLIGATED SERVICE PRIOR TO EXECUTING ORDERS OVERSEAS OR TO A SCHOOL MUST SIGN A NAVPERS 1070/613 ADMINISTRATIVE REMARKS (PAGE 13) AGREEING TO REENLIST WITHIN 30 DAYS OF PASSAGE OF THE AUTHORIZATION ACT. THE PROVISIONS OF PARAGRAPHS 4.G AND H OF MILPERSMAN 1306-106 WITH REGARD TO NAVPERS 1070/613 ADMINISTRATIVE REMARKS (PAGE 13) IN LIEU OF HARD OBLISERV FOR PERIODS OVER 12 MONTHS REMAIN IN EFFECT. WRITTEN APPROVAL FROM COMNAVPERSCOM (PERS-451) IS REQUIRED FOR WAIVERS OF THE 30 DAY REQUIREMENT TO OBTAIN OBLISERV AND/OR USE OF NAVPERS 1070/613 ENTRIES FOR PERIODS OF MORE THAN 12 MONTHS. EMAIL REQUESTS TO PERS451(AT)NAVY.MIL. IF IN TRANSIT, ON LEAVE OR TAD WHEN AUTHORITIES ARE REINSTATED, THESE MEMBERS WILL BE REQUIRED TO REPORT TO A NAVAL ACTIVITY WITHIN THE 30 DAY PERIOD TO EXECUTE THEIR REENLISTMENT. (4) ANY SAILOR WHO ALREADY HAS AN APPROVED SRB REENLISTMENT DATE DURING THE TIME OF THE LAPSED AUTHORITY OR WHO WILL PASS INTO A NEW REENLISTMENT ZONE AND WILL BE DISADVANTAGED BY REENLISTING AT A LATER DATE WILL BE HANDLED ON AN INDIVIDUAL BASIS. DUE TO THE COMPLEXITIES OF THIS SITUATION THE COMMAND CAREER COUNSELOR SHOULD CONTACT COMNAVPERSCOM (PERS-811F) AT (901) 874-2526/DSN 882, FAX (901) 874-2623/DSN 882, OR EMAIL ETC(SW/AW) MCCANN AT SCOTT.MCCANN(AT)NAVY.MIL. (5) A SAILOR WHO EXTENDS BEYOND HIS COMBAT ZONE TAX EXCLUSION ELIGIBILITY IN ORDER TO REENLIST FOR AN SRB BONUS WILL LOSE SRB TAX ADVANTAGES UNLESS CONGRESS SPECIFICALLY ACTS TO RECTIFY THIS SITUATION. D. OFFICER ACCESSION/AFFILIATION BONUSES. ACTIVE AND RESERVE ACCESSION/AFFILIATION AGREEMENTS EXECUTED DURING THE PERIOD OF LAPSED AUTHORITY SHALL NOT INCLUDE BONUS GUARANTEES ALTHOUGH A CONTINGENT BONUS ADDENDUM MAY BE USED. E. OFFICER CONTINUATION PAYS. OFFICERS MEETING ELIGIBILITY REQUIREMENTS SHOULD BE ADVISED TO DELAY SIGNING OBLIGATIONS FOR EXTENDED SERVICE UNTIL SUCH TIME AS THE AUTHORITY IS REINSTATED ALTHOUGH A CONTINGENT BONUS ADDENDUM MAY BE USED. 5. NAVY WILL WORK WITH THE OFFICE OF THE SECRETARY OF DEFENSE TO MITIGATE ANY POTENTIAL IMPACT RESULTING FROM THESE LAPSED AUTHORITIES AND ENABLE SAILORS TO RECOVER ANY MONIES AND COMBAT-ZONE RELATED TAX BREAKS FOR WHICH THEY WOULD HAVE BEEN ELIGIBLE HAD THE NDAA BEEN IN EFFECT ON 1 JANUARY 2008. RESUMPTION OF BONUS CONTRACT APPROVAL WILL COMMENCE ONCE THE APPROPRIATE LAW IS ENACTED AND UPON WHICH TIME ADDITIONAL GUIDANCE, VIA NAVADMIN, WILL BE PROMULGATED. 6. FOR SPECIFIC QUESTIONS REGARDING THIS NAVADMIN CONTACT THE NPC CALL-CENTER AT (866) U-ASK-NPC (DSN: 882-5672) AND CONSULT THE NPC WEBSITE (WWW.NPC.NAVY.MIL) WHERE FREQUENTLY ASKED QUESTIONS (FAQ'S) WILL BE REGULARLY UPDATED. ACTIVE-DUTY ENLISTED SAILORS ARE ENCOURAGED TO CONTACT THEIR COMMUNITY MANAGERS OR DETAILERS VIA THEIR COMMAND CAREER COUNSELORS. ACTIVE AND RESERVE OFFICERS SHOULD CONTACT THEIR COMMUNITY MANAGERS OR DETAILERS VIA THEIR COMMANDING OR EXECUTIVE OFFICERS. SELRES ENLISTED SHOULD CONTACT NCC STOKES, PHONE: (504) 678-4057/DSN 678, FAX: (504) 678-1204, OR EMAIL AT JOHN.STOKES(AT)NAVY.MIL. 7. RELEASED BY VADM J. C. HARVEY, JR., N1.// BT # NNNN