R 281800Z APR 22
MSGID/GENADMIN/CMC JA WASHINGTON DC//
SUBJ/PAYMENT OF ATTORNEYS’ PROFESSIONAL LICENSING EXPENSES//
REF/H/DOC/CMC WASHINGTON DC M&RA/09DEC20//
REF/I/DOC/CMC WASHINGTON DC SJA/07APR22//
POC/S. B. HILLERY/CAPT/HQMC JAD/-/TEL: 703-693-8407/DSN 223-8407/EMAIL: SHANNON.HILLERY@USMC.MIL//
NARR/REF A IS TITLE 10 U.S. CODE SECTION 2015, PROGRAM TO ASSIST MEMBERS IN OBTAINING PROFESSIONAL CREDENTIALS. REF B IS TITLE 5 U.S. CODE SECTION 5757, PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL CREDENTIALS AND EXTENDED ASSIGNMENT INCENTIVE. REF C IS A MEMORANDUM FROM THE UNDER SECRETARY OF DEFENSE, PERSONNEL AND READINESS, PAYMENT OF PROFESSIONAL CREDENTIALING EXPENSES FOR MILITARY MEMBERS. REF D IS A MEMORANDUM FROM THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS, DELEGATION OF AUTHORITY TO ADMINISTER PAYMENT OF CREDENTIALING EXPENSES FOR MILITARY MEMBERS. REF E IS DEPARTMENT OF DEFENSE (DOD) INSTRUCTION 1400.25, VOLUME 410, DOD CIVILIAN PERSONNEL MANAGEMENT SYSTEM: TRAINING, EDUCATION AND PROFESSIONAL DEVELOPMENT. REF F IS SECRETARY OF THE NAVY INSTRUCTION (SECNAVINST) 12410.25B, CIVILIAN EMPLOYEE TRAINING AND CAREER DEVELOPMENT. REF G IS JUDGE ADVOCATE GENERAL INSTRUCTION (JAGINST) 5803.2B, CERTIFICATION OF GOOD STANDING WITH LICENSING AUTHORITY. REF H IS THE DC M&RA DELEGATION OF AUTHORITY TO REIMBURSE ATTORNEYS FOR EXPENSES TO MAINTAIN ATTORNEYS' PROFESSIONAL CREDENTIALS. REF I IS THE REIMBURSEMENT POLICY FOR JUDGE ADVOCATE AND CIVILIAN ATTORNEYS’ ANNUAL LICENSING FEES//
GENTEXT/REMARKS/1. Purpose. Inform Marine Corps judge advocates and civilian attorneys working under the cognizance of the Staff Judge Advocate to the Commandant of the Marine Corps (SJA to CMC) of the ability to seek reimbursement for their annual professional licensing fees. References (a) through (i) provide authority for government payment of professional credentials, licenses, and certifications for judge advocates and civilian attorneys who are practicing law under the cognizance of the SJA to CMC.
2. This MARADMIN does not replace existing command licensing fee reimbursement programs. Civilian attorneys may alternatively seek reimbursement from local commands.
3. The term “attorney” throughout this MARADMIN is used for ease of reference and pertains to:
3.a. Judge advocates in the Active, Active Reserve, Selected Marine Corps Reserve, Individual Ready Reserve components, and
3.b. Civilian attorneys practicing law under the cognizance of the SJA to CMC.
4. Eligibility. The following attorneys are eligible to apply for reimbursement:
4.a. All Active Component and Active Reserve judge advocates are eligible for reimbursement under this program, except those who, at the time of application, have an approved separation or retirement date that would limit service to less than 179 days in fiscal year 2022.
4.b. Judge advocates in the Reserve, Selected Marine Corps Reserve, Individual Mobilization Augmentation Detachment, and Individual Ready Reserve are eligible if they have served, or are projected to serve, over 179 days in fiscal year 2022.
4.c. Civilians employed as attorneys operating under the cognizance of the SJA to CMC and paid with appropriated funds are eligible. However, those who, at the time of application, have an established separation, transfer, or retirement date that would limit their civil service to less than 179 days in fiscal year 2022 are not eligible. If a civilian attorney was hired in fiscal year 2022, then the civilian attorney must have worked at least 179 days in fiscal year 2022 in order to qualify for reimbursement. Non-appropriated fund employees, local national employees, and political appointees are not eligible.
5. Qualifying Expenses.
5.a. Attorneys may be reimbursed once each fiscal year for the costs of active (or equivalent) membership in a bar association of a state or U.S. territory incurred while in military service or employment with the Marine Corps. If the attorney is a member of multiple bar associations, reimbursement will only be authorized for the lowest cost bar association fee (e.g., if a jurisdiction waives or reduces costs for an attorney on active duty, that judge advocate cannot claim another licensing authority's higher fees). Membership in a jurisdiction's bar association may be reimbursed only if the jurisdiction requires such membership in order to practice law in their jurisdiction.
5.b. Attorneys who pay bar association membership fees, either annually or biennially (e.g., every two years), may request reimbursement during the fiscal year in which they pay the fees.
5.c. Mandatory charges associated with bar association membership in active (or equivalent) status are reimbursable, including periodic dues and universally-assessed fees and surcharges. However, reimbursement of expenses associated with obtaining academic degrees (including juris doctorate and master of laws degrees) or maintaining membership in optional professional societies or bar sections is not authorized. The following are also unauthorized expenses: examination preparation courses, examination fees, any voluntary fee or donation, costs for continuing legal education (CLE) events or materials, CLE waiver fees, payments in lieu of CLE, online payment or processing fees (unless online payment is mandatory), convenience fees, late fees, fees for more than one bar association membership, travel costs, or costs incurred to obtain other professional licenses.
5.d. For Reserve and Selected Marine Corps Reserve judge advocates, reimbursement is not authorized for a qualifying expense that has been or will be paid, directly or through reimbursement, by the judge advocate’s civilian employer.
5.e. Reimbursement is only authorized for qualifying expenses incurred after appointment as a judge advocate.
5.f. For fiscal year 2022, reimbursement will be limited to up to 300 dollars per attorney and is subject to the availability of funds.
5.g. Attorneys should submit their reimbursement requests as soon as possible. Reimbursement requests will not be accepted after 1 July 2022.
6. Process. Attorneys should go to the Judge Advocate Division website for reimbursement policies, procedures, and detailed instructions on how to submit a reimbursement request.
7. Discretionary Payment. Reimbursement is discretionary and subject to the availability of funds. This MARADMIN does not create an entitlement or benefit of employment. Continued payment of licensing fees is not guaranteed in future years and this MARADMIN will be reviewed and modified as required annually.
8. Additional questions should be directed to the POC.
9. Release authorized by Major General David J. Bligh, Director, Judge Advocate Division.//