R 271635Z OCT 03
FM CMC WASHINGTON DC(uc)
TO AL MARADMIN(uc)
MARADMIN
BT
UNCLASSIFIED
MARADMIN 503/03
MSGID/GENADMIN/CMC CMC WASHINGTON DC MPP-30//
SUBJ/FY04 LAW SCHOOL EDUCATION DEBT SUBSIDY (LSEDS) PROGRAM//
REF/A/DOC/TITLE 37 USC 321/31DEC1998/-/NOTAL//
REF/B/DOC/SECNAV/29OCT2002//
POC/K.E. WHEELER/MAJ/CMC (MPP-30)/-/TEL:COM 703-784-9364
/EMAIL:WHEELERKE@MANPOWER.USMC.MIL//
POC/C.G. TOLAR/CAPT/CMC (JAS)/-/TEL:COM 703-614-3412
/EMAIL:TOLARCG@HQMC.USMC.MIL//
NARR/REF A IS THE U.S. CODE, WHICH PROVIDES AUTHORITY FOR LSEDS.  REF
B IS SECNAVINST 7220.87.//
GENTEXT/REMARKS/1.  THIS MARADMIN ANNOUNCES THE IMPLEMENTATION OF
LSEDS FOR FY04, PER THE REFS.  IT ALSO EXPLAINS THE LSEDS PROGRAM AND
PROVIDES THE SAMPLE APPLICATION FORMAT TO BE USED FOR REQUESTING
LSEDS.
2.  ELIGIBILITY.  TO BE ELIGIBLE FOR LSEDS, A JUDGE ADVOCATE MUST
MEET THE FOLLOWING NONWAIVERABLE CRITERIA DURING THE EFFECTIVE DATES
OF THE FY04 LSEDS PROGRAM (1OCT2003-30SEP2004).
A. BE QUALIFIED AND CERTIFIED AS A JUDGE ADVOCATE IN ACCORDANCE WITH
ARTICLE 27(B), UNIFORM CODE OF MILITARY JUSTICE.
B. HAVE COMPLETED INITIAL ACTIVE DUTY SERVICE OBLIGATION (IADSO) AS
A MARINE CORPS JUDGE ADVOCATE AND HAVE BEEN SELECTED FOR, AND
INDICATED INTENT TO ACCEPT, AUGMENTATION INTO THE REGULAR MARINE
CORPS.
3.  INELIGIBILITY.  OFFICERS ACCESSED INTO THE MARINE CORPS JUDGE
ADVOCATE COMMUNITY THROUGH LAW EDUCATION PROGRAMS, SUCH AS THE FUNDED
LAW EDUCATION PROGRAM OR THE EXCESS LEAVE (LAW) EDUCATION PROGRAM
UNDER MCO 5800.16A, CHAP 19, ARE INELIGIBLE.  OFFICERS SELECTED FOR
PROMOTION TO MAJOR OR TWICE PASSED FOR PROMOTION TO MAJOR ARE
INELIGIBLE.
4.  DEFINITIONS
A. "INITIAL ACTIVE DUTY SERVICE OBLIGATION" OR "IADSO" IS DEFINED AS
42 MONTHS FROM SNO'S REPORTING IN DATE AT THE BASIC SCHOOL.
B. "NOT BE SELECTED FOR PROMOTION TO MAJOR" OR "TWICE PASSED FOR
MAJOR" IS DETERMINED BY THE RELEASE OF THE RELEVANT MAJOR'S PROMOTION
SELECTION BOARD MESSAGE.
5.  AUTHORITY.  CMC (JAS & MPP-30) ARE DELEGATED AUTHORITY TO
EVALUATE, ADMINISTER, AND VERIFY ELIGIBILITY OF CANDIDATES FOR THE
LSEDS PROGRAM PURSUANT TO REF B AND THIS MARADMIN.
6.  SPECIFIC LSEDS GUIDANCE
A.  LSEDS SERVICE OBLIGATIONS SHALL RUN CONCURRENTLY WITH ANY OTHER
OBLIGATED SERVICE THE JUDGE ADVOCATE PREVIOUSLY INCURRED AS A RESULT
OF PRIOR SERVICE AGREEMENTS (E.G., ACCEPTANCE OF APPOINTMENT INTO THE
REGULAR MARINE CORPS [AUGMENTATION]).
B.  PAYMENTS UNDER THE LSEDS PROGRAM WILL BE ADMINISTERED IN THE
FOLLOWING MANNER:
(1) THREE ANNUAL PAYMENTS OF $10,000 EACH (TOTAL OF $30,000) ARE
AUTHORIZED FOR ELIGIBLE JUDGE ADVOCATES UPON MEETING THE ELIGIBILITY
REQUIREMENTS OUTLINED IN PAR 2 ABOVE.
(2) THE SECOND AND THIRD PAYMENTS WILL BE MADE ON OR ABOUT THE
ANNIVERSARY DATE OF THE FIRST PAYMENT.
(3) OFFICERS ACCEPTING A LSEDS PAYMENT INCUR AN ACTIVE DUTY SERVICE
OBLIGATION OF THREE YEARS FROM THE DATE AN OFFICER'S APPLICATION IS
APPROVED BY CMC (JAS & MPP-30).
7.  LSEDS APPLICATION.  USING THE FORMAT PRESCRIBED IN PAR 11 BELOW,
ELIGIBLE JUDGE ADVOCATES MAY APPLY FOR LSEDS VIA THEIR SENIOR JUDGE
ADVOCATE OR COMMANDING OFFICER (O-5 AND ABOVE AND/OR SJA BILLET).
CMC (JAS & MPP-30) WILL REVIEW ALL APPLICATIONS.  ONCE THE
APPLICATION IS APPROVED, THE JUDGE ADVOCATE WILL BE ELIGIBLE TO
RECEIVE LSEDS AS AUTHORIZED BY THIS INSTRUCTION.  THE ONLY
DOCUMENTATION NEEDED FOR PROCESSING IS A FAX OR ELECTRONIC COPY WITH
APPROPRIATE SIGNATURES.  THE THREE-YEAR SERVICE OBLIGATION WILL
COMMENCE ON THE DATE AN OFFICER'S APPLICATION IS APPROVED.
8.  PAYMENT OF LSEDS.  APPLICATIONS MUST BE PHYSICALLY RECEIVED BY
THIS HEADQUARTERS CMC (JAS & MPP-30) NLT 90 DAYS FROM THE RELEASE
DATE (DATE TIME GROUP) OF THIS MARADMIN OR DATE OF ELIGIBILITY (PAR
2).  IT IS THE INTENT OF THIS MARADMIN THAT JUDGE ADVOCATES WILL BE
PAID LSEDS NO LATER THAN 60 DAYS AFTER THEIR APPLICATION IS
APPROVED. APPLICATIONS RECEIVED AFTER THE 90 DAY WINDOW WILL NOT BE
CONSIDERED. ADDITIONALLY, THIS MARADMIN IS APPLICABLE ONLY TO THOSE
WHO ARE
ELIGIBLE IN FY04.
9.  RECOUPMENT/REPAYMENT OF LSEDS.
A.  JUDGE ADVOCATES RECEIVING LSEDS COMMIT TO REMAIN ON ACTIVE DUTY
AS JUDGE ADVOCATES THROUGHOUT THEIR LSEDS SERVICE OBLIGATION AND IF
OFFERED, ACCEPT CONTINUATION IF THEY TWICE FAIL FOR PROMOTION.  JUDGE
ADVOCATES WILL BE REQUIRED TO REPAY THE UNEARNED PORTION OF ANY LSEDS
RECEIVED ON A PRO RATA BASIS UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:
(1) IF THEY FAIL TO COMPLETE THEIR LSEDS SERVICE OBLIGATION DUE TO
SEPARATION OR DISCHARGE FROM ACTIVE DUTY FOR ANY REASON EXCEPT THOSE
LISTED IN PAR 9.B.
(2) IF THEY LOSE THEIR CERTIFICATION UNDER ARTICLE 27(B), UCMJ, AS A
RESULT OF THEIR ACTIONS OR INACTIONS SUBSEQUENT TO ACCEPTANCE OF
LSEDS, OR ARE SUSPENDED FROM PRACTICE AS JUDGE ADVOCATES FOR ONE YEAR
OR LONGER; OR
(3) IF THEY INCUR A DISEASE OR INJURY RESULTING IN INCAPACITATION OR
DISABILITY THAT IS DETERMINED, PER JAGINST 5800.7C, TO HAVE BEEN
INCURRED NOT IN THE LINE OF DUTY.
B.  RECOUPMENT/REPAYMENT NOT REQUIRED.  RECOUPMENT OR REPAYMENT OF
LSEDS WILL NOT BE REQUIRED, AND AN LSEDS SERVICE OBLIGATION WILL BE
TERMINATED, UNDER THE FOLLOWING CIRCUMSTANCES:
(1) IF A JUDGE ADVOCATE DIES BEFORE COMPLETING THE LSEDS SERVICE
OBLIGATION;
(2) IF A JUDGE ADVOCATE INCURS 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; OR
(3) IF SECNAV DETERMINES THAT, UNDER THE CIRCUMSTANCES, A WAIVER OF
RECOUPMENT OR REPAYMENT OF UNEARNED LSEDS IS IN THE BEST INTERESTS OF
THE UNITED STATES.
10.  ACTION.  ELIGIBLE OFFICERS ARE INVITED TO SUBMIT LSEDS
APPLICATIONS TO CMC (JAS & MPP-30).  APPLYING OFFICERS MUST ENSURE
THE INFORMATION PROVIDED IN THEIR APPLICATION IS COMPLETE AND
ACCURATE.
11.  APPLICANTS WILL SUBMIT APPLICATIONS VIA NAVAL LETTER AND UTILIZE
THE FOLLOWING SAMPLE APPLICATION FORMAT:
FROM:  CAPTAIN A. B. MARINE, 123456789/4402 USMC
TO:    DEPUTY COMMANDANT FOR MANPOWER & RESERVE AFFAIRS (MPP-30)
VIA:   (1) SENIOR JUDGE ADVOCATE OR COMMANDING OFFICER
      (2) SJA TO THE COMMANDANT (JAS)
SUBJ:  REQUEST FOR LAW SCHOOL EDUCATION DEBT SUBSIDY (LSEDS)
REF:  (A) SECNAVINST 7220.87
     (B) MARADMIN  XXX/03 (THIS MARADMIN)
1.  I HEREBY APPLY FOR LSEDS EFFECTIVE UPON APPROVAL OF THIS REQUEST,
IN ACCORDANCE WITH REF (A).  CONTINGENT UPON APPROVAL OF MY
APPLICATION FOR THIS SPECIAL PAY, I AGREE NOT TO TENDER A RESIGNATION
FOR THREE YEARS FROM THE DATE MY APPLICATION IS APPROVED BY CMC (JAS
& MPP-30).  I UNDERSTAND THAT I WILL RECEIVE THREE ANNUAL PAYMENTS OF
$10,000 EACH FOR A TOTAL OF $30,000.  I AGREE TO ACCEPT EXTENSION ON
ACTIVE DUTY FOR THREE YEARS FROM THE DATE MY APPLICATION IS APPROVED
BY CMC (JAS & MPP-30).
2.  I HAVE READ AND AGREE TO BE BOUND BY THE PROVISIONS OF THE REFS,
INCLUDING THE CIRCUMSTANCES UNDER WHICH RECOUPMENT OR REPAYMENT OF
UNEARNED LSEDS WILL BE REQUIRED.  I UNDERSTAND THAT I WILL BE
REQUIRED TO REPAY UNEARNED LSEDS IF I AM UNABLE TO COMPLETE MY
SERVICE OBLIGATION FOR ANY REASON, EXCEPT THOSE SPECIFIED IN PAR 9.B.
ABOVE, OF MARADMIN XXX/03 (THIS MARADMIN).  REASONS FOR RECOUPMENT OR
REPAYMENT INCLUDE, BUT ARE NOT LIMITED TO, LOSING MY ARTICLE 27(B),
UCMJ CERTIFICATION, OR SUFFERING AN INJURY OR ILLNESS RESULTING IN
DISABILITY OR INCAPACITATION THAT IS DETERMINED TO BE NOT IN THE LINE
OF DUTY.
3.  I UNDERSTAND THAT CMC (MPP-30) IN COORDINATION WITH JUDGE
ADVOCATE SUPPORT (JAS) MUST VALIDATE MY ELIGIBILITY FOR LSEDS.  I
ALSO UNDERSTAND THAT, IF I AM FOUND NOT ELIGIBLE FOR LSEDS, THIS
APPLICATION WILL BE RETURNED WITH NO ACTION TAKEN.
4.  IN SUPPORT OF THIS APPLICATION, THE FOLLOWING INFORMATION IS
PROVIDED, WHICH I CERTIFY TO BE TRUE AND ACCURATE.  COMPLETION OF
INITIAL ACTIVE DUTY SERVICE OBLIGATION DATE:  DATE INDICATED
ACCEPTANCE OF AUGMENTATION INTO REGULAR MARINE CORPS:
SIGNATURE
NAME
DATE
12.  THIS IS NOT APPLICABLE TO THE MARINE CORPS RESERVE.
13.  POC FOR POLICY ISSUES OF LSEDS IS MAJ WHEELER, DSN: 278-9364.
14.  POC FOR ADMINISTRATIVE ISSUES OF LSEDS IS CAPT TOLAR, DSN:
224-3412.
15.  THIS MSG IS CANCELLED 30 SEP 2004.//