R 101615Z JUL 23
MARADMIN 347/23
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP//
SUBJ/FISCAL YEAR 2023 AND 2024 JUDGE ADVOCATE CONTINUATION PAY PROGRAM//
REF/A/DOC/TITLE 37 U.S.C. SEC 321//
REF/B/DOC/TITLE 37 U.S.C. SEC 332//
REF/C/DOC/DOD/DODI 1304.34/11JUL16//
REF/D/DOC/CMC/NOV21//
REF/E/DOC/CMC/7SEPT22//
REF/F/DOC/DOD FMR 7000.14-R/JUN20//
NARR/REFERENCE (REF) A IS UNITED STATES CODE THAT AUTHORIZES THE USE OF JUDGE ADVOCATE CONTINUATION PAY. REF B IS UNITED STATES CODE THAT AUTHORIZES GENERAL BONUSES FOR OFFICERS. REF C IS DOD INSTRUCTION 1304.34 GENERAL BONUS AUTHORITY FOR OFFICERS. REF D IS TALENT MANAGEMENT 2030. REF E IS FY23 MILITARY OCCUPATIONAL SPECIALTIES MANUAL. REF F IS VOLUME 14 OF THE DOD FINANCIAL MANAGEMENT REGULATION//
POC/J. B. WOODRUFF II/MAJ/HQMC/JAD/JPI/TEL: 703-955-1424//
POC/A. M. PINCUS/MAJ/DC MRA/MP/MPP-30/TEL: 703-784-9364//
POC/V. J. DEPINTO/MAJ/DC MRA/MM/MMOA-1/TEL: 703-784-9272//
POC/N. C. ROGERS/CAPT/DC MRA/MM/MMOA-1/TEL: 703-784-9277//
GENTEXT/REMARKS/1.  Purpose.  The purpose of this MARADMIN is to provide information on the Judge Advocate Continuation Pay (JACP) Program for Fiscal Years 2023 (FY23) and 2024 (FY24).  Reference (a) provides the legal authority for the JACP Program.
2.  Background.  JACP is a special pay offered to judge advocates to retain high-performing and experienced counsel.  This program provides a proactive, short-term incentive for judge advocates in certain grades experiencing shortfalls.  JACP consists of a maximum of $110,000 per officer, paid in three phases throughout a judge advocate’s career as outlined in paragraph 5.  Contract lengths and monetary amounts are based on current and forecasted community shortfalls to improve the health of the judge advocate community and will be offered to Marine judge advocates who meet eligibility requirements outlined in paragraph 3.
3.  Eligibility Requirements.  To receive JACP, officers must meet the following non-waivable criteria during the effective dates of the FY23 JACP Program (1 October 2022 to 30 September 2023) or the FY24 JACP Program (1 October 2023 to 30 September 2024):
3.a.  Must be a captain or major;
3.b.  Must be in the active component;
3.c.  Must have completed all initial active duty service obligation incurred through the officer’s original commissioning program;
3.d.  Must be qualified and certified as a judge advocate as defined in Section 801 of Title 10 U.S. Code;
3.e.  Must have been selected for and accepted Career Designation (CD);
3.f.  Must have served more than four and fewer than 12 years of active commissioned service, to include time spent in the active reserve or on active duty operational support orders, as measured from the officer’s Armed Forces Active Duty Base Date (AFADBD), or Date of Rank First Commissioning (DORFC) in the case of prior-enlisted judge advocates; and,
3.g.  Must agree to continue serving as a Marine Corps judge advocate in the active component for the defined JACP contract term.
3.h.  Judge advocates who are uncertain of their eligibility status, or believe they are eligible despite a non-qualifying AFADBD, are encouraged to contact the JAD and MPP-30 POCs listed in this MARADMIN.
4.  Ineligible Categories
4.a.  Officers accessed into the Marine Corps judge advocate community through the Marine Corps-sponsored Funded Law Education Program under MCO 1524.1 are not eligible.  This criteria does not apply to otherwise eligible officers accessed into the Marine Corps judge advocate community through the Marine Corps-sponsored Excess Leave Program (ELP) under MCO 1524.1.  Officers accessed through the ELP are eligible after completing the attendant service obligation.
4.b.  Officers passed for promotion are not eligible for JACP.  Officers previously passed for promotion who have been subsequently selected for promotion, and meet remaining eligibility criteria, are eligible to apply for JACP.
5.  Payment Provisions.  The FY23 and FY24 JACP Programs consist of three phases (based on grade and years of active commissioned service as measured from the officer’s AFADBD, or DORFC in the case of prior-enlisted judge advocates), as outlined in paragraphs 5.a through 5.c.
5.a.  Phase I:  Captains upon acceptance of CD and completion of four and no more than seven years of active commissioned service.
5.a.1. Three annual payments of $10,000 (total of $30,000).
5.b.  Phase II:  Upon promotion to major and completion of 7 and no more than 10 years of active commissioned service.
5.b.1. Three annual payments:  $20,000 for the first installment and $10,000 for both the second and third installments (total of $40,000).
5.b.2. Any Phase I obligated service must be fulfilled prior to the Phase II contract start date. 
5.c.  Phase III:  Majors, including lieutenant colonel-selects, upon completion of 10 and no more than 12 years of active commissioned service.
5.c.1. Three annual payments:  $20,000 for the first installment and $10,000 for both the second and third installments (total of $40,000).
5.c.2. Any Phase II obligated service must be fulfilled prior to the Phase III contract start date.
5.d.  Judge advocates will be paid the first installment no later than 30 days after the contract start date as defined in the following paragraph.  Second and third installment payments will be made on the anniversary date of the officer’s JACP contract start date.
5.e.  Contract start date is defined as the date the application is approved by CMC (MPP-30) or the completion of any existing service obligation that cannot run concurrently with JACP service obligation per reference (c), whichever occurs later.
6.  Active Duty Service Obligation.  Officers approved for JACP will incur an active duty service obligation of three years from the contract start date.
6.a.  No JACP payments will be issued prior to the commencement of the officer’s JACP service obligation.
6.b.  JACP service obligation shall be served consecutively with existing service obligations except where reference (c) authorizes concurrent service obligations.
6.c.  Judge advocates with existing service obligations who are approved for JACP may request to withdraw from JACP participation no less than 90 days prior to their contract start date.  Such requests will be submitted via administrative action form to JAD@usmc.mil.
6.d.  Judge advocates receiving JACP who are offered continuation on active duty after being twice passed for promotion may elect to refuse continuation on active duty but may be subject to the recoupment of any unearned JACP payments if they are separated prior to fulfilling their JACP service obligation, per paragraph 7.a of this message.
6.e.  Submission of incomplete application packages, packages requiring resubmission, or submission of excess information beyond the requirements may result in a processing delay and could result in a delay of contract start date.
6.f.  An officer may only be released from their JACP service obligation upon approval by CMC (MP).
7.  Recoupment and Repayment Provisions
7.a.  Termination and Repayment Required.  Judge advocates who are unable to complete the service obligation specified in the JACP agreement may be subject to termination of any unpaid bonus amount and repayment of the unearned portion of prepaid amounts on a pro-rated basis in the following circumstances:
7.a.1. Voluntary or involuntary separation from active duty or discharge within the related contract extension time;
7.a.2. Loss of certification under Article 27(b), UCMJ, or suspension from practice as a judge advocate for one year or longer, subsequent to acceptance of JACP;
7.a.3. Medical incapacitation or physical disability resulting from misconduct, gross negligence, or incurred during a period of unauthorized absence;
7.a.4. Separation or dismissal for cause, resignation in lieu of court martial, or resignation in lieu of processing for administrative separation; or
7.a.5. Involuntary separation from military service by operation of law, or involuntary separation by operation of military service or policy.
7.b.  Recoupment and Repayment Not Required.  Officers will not be required to repay the unearned portion of prepaid amounts of JACP, and any remaining JACP service obligation will be terminated under the following circumstances:
7.b.1. Before completion of the JACP service obligation, the judge advocate dies, is retired or separated with a combat-related disability that was not the result of his or her misconduct, or receives a sole survivorship discharge; or
7.b.2. The Secretary of the Navy (SECNAV) determines that, under the circumstances, recoupment or repayment of unearned JACP would be contrary to a personnel policy or management objective, would be against equity or good conscience, or would be contrary to the best interests of the United States.
8.  Application Procedures
8.a.  Applicants must submit their JACP application package to CMC (JAD).  Package must include:
8.a.1. Application form (as defined in paragraph 9); and,
8.a.2. Endorsements (as defined in paragraph 9).
8.b.  The documentation needed for processing is a scanned electronic copy, with appropriate signatures, sent via unencrypted email to JAD@usmc.mil.
8.c.  Applications will be reviewed for eligibility by CMC (JAD) and CMC (MMOA-1) and approved by CMC (MPP-30).  Applicants can expect a confirmation of receipt of application via email from CMC (JAD) within 10 business days. Processing and approval may take up to eight weeks.  If approved, the effective date of JACP contracts will be the contract start date, as defined in paragraph 5e.  Payments will start no earlier than an individual’s contract start date.
8.d.  Officers applying for JACP must apply within the eligibility timeframe for each phase as outlined in paragraph 3 of this MARADMIN and must agree to accept the associated contract for any phase for which approved prior to receiving JACP pay.
9.  Application Form.  Applicants will submit a Standard Naval Letter in the following format:
From:  (Applying Officer’s Grade, Name, EDIPI/MOS)
To:  Deputy Commandant for Manpower and Reserve Affairs (MPP-30)
Via:  1. First O-5 Commander or O-5 SJA in applicant’s chain of command
      2. Staff Judge Advocate to the Commandant of the Marine Corps (JAD)
      3. MMOA-1
Subj:  Request for FY23 (or FY24) Judge Advocate Continuation Pay Ref:  (Cite Subject MARADMIN)
1.  Per the reference, I hereby apply for FY23 (or FY24) Judge Advocate Continuation Pay (JACP).  Contingent on approval of my application for this special pay, I agree to accept an officer service obligation to complete three additional years of active service beginning the effective date of my JACP contract, (in exchange for $10,000 annually for each full year of service) or (in exchange for $20,000 for the first year and $10,000 for each of years two and three for each full year of service) for a total of $__.  I agree not to tender a resignation that would be effective during this JACP service obligation.  I understand that, upon receipt by JAD/MPP-30, this application becomes a binding contract and service obligation for the duration of the contract period upon approval.
2.  I have read, understand, and agree to be bound by the provisions of the reference and this MARADMIN, including all provisions relating to termination of payments to be made pursuant to this agreement, termination of the service obligation, and the circumstances under which recoupment by the government of sums paid may be required.
3.  I affirm that I meet the eligibility requirements and understand CMC (JAD/MMOA-1/MPP-30) must validate my eligibility for JACP.  In the event it is determined I am not eligible for JACP, this application will be returned with no action taken, and I may re-apply at a later date if my eligibility changes.
4.  I am not currently obligated under a judge advocate bonus program and am eligible per paragraph 5 of the reference.
5.  The following information is provided and certified to be true and accurate:
Date Accepted First Commission: YYYY/MM/DD
Armed Forces Active Duty Base Date: YYYY/MM/DD
Current Years of Commissioned Service: XX yrs XX mos
Date Completed Initial Active Duty Service Obligation: YYYY/MM/DD
Length of Initial Law Contract: XX mos
Date Accepted Career Designation into the Regular Marine Corps:
YYYY/MM/DD
Work Phone Number:
E-Mail Address:
I certify that I am not currently pending any legal action.
 ___[Signature]___
10.  Approval.  Using the format prescribed in paragraph 9 above, eligible judge advocates may apply for JACP via their senior judge advocate or commanding officer (O-5 and above and/or SJA billet).  Reviewing officers need only to endorse with the following:  “Forwarded recommending approval” or “Forwarded not recommending approval.”  CMC (JAD/MPP-30) will review all applications.  Once the application is approved by CMC (MPP-30), the judge advocate will be eligible to receive JACP as authorized by this MARADMIN.  The only documentation needed for processing is an electronic copy of the application package with appropriate enclosures and signatures.
11.  Authority.  CMC (JAD/MMOA-1/MPP-30) is delegated authority to evaluate, administer, and verify eligibility of candidates for the JACP Program pursuant to reference (a) and this MARADMIN.
12.  Individuals who are not eligible for Phase I payments based upon AFADBD may still apply for, and receive, Phase II payments if otherwise eligible in accordance with paragraph 3 of this MARADMIN.  Similarly, individuals who are not eligible for either Phase I or Phase II payments based upon AFADBD may still apply for, and receive, Phase III payments if otherwise eligible in accordance with paragraph 3 of this MARADMIN.
13.  Upon confirmation of eligibility and JACP approval, MPP-30 will send an e-mail detailing the applicant’s JACP start date.  MPP-30 will send an official letter detailing the applicant’s service obligation and monetary amounts to the officer upon contract start date.  Selection for JACP is not intended to be a career enhancement and shall not be annotated in a Marine’s fitness report.
14.  JACP payments will be taxed as per Department of Defense Financial Management Regulation, except for those identified in Volume 7A, Chapter 44, Paragraph 440202, reference (e).
15.  Financial Planning Consideration.  Resources are available aboard each installation in order to discuss the significant financial decisions associated with the receipt of bonuses such as changing tax brackets, savings, investments, and retirement planning.  Local resources available include Personal Financial Managers, contracted Personal Financial Counselors, and unit Command Financial Specialists.
16.  This MARADMIN is not applicable to the Marine Corps Reserve.
17.  This MARADMIN cancels on 30 September 2024.
18.  Release authorized by LtGen James F. Glynn, Deputy Commandant, Manpower and Reserve Affairs.//