R 120003Z OCT 06
FM CMC WASHINGTON DC(UC)
TO AL MARADMIN(UC)
UNCLASSIFIED//
MARADMIN 490/06
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP MPP-34//
SUBJ/FY07 LAW SCHOOL EDUCATION DEBT SUBSIDY (LSEDS) PROGRAM//
REF/A/DOC/TITLE 37 U.S.C. SEC 321/19JAN2004//
NARR/REF A IS UNITED STATES CODE THAT PROVIDES AUTHORITY FOR LSEDS.
RMKS/1. PURPOSE. THIS MARADMIN ANNOUNCES THE FY07 LSEDS PROGRAM PER
REFERENCE (A). THE PROGRAM DESCRIPTION, ELIGIBILITY, AND SAMPLE
APPLICATION FORMAT ARE PROVIDED BELOW.
2. BASIC ELIGIBILITY REQUIREMENTS. TO RECEIVE LSEDS, A JUDGE
ADVOCATE MUST POSSESS THE RANK OF CAPTAIN AND MEET THE FOLLOWING
NONWAIVERABLE CRITERIA DURING THE EFFECTIVE DATES OF THE FY07 LSEDS
PROGRAM (01OCT06 - 30SEP07):
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, DEFINED AS 42 MONTHS FROM SNO'S
REPORTING IN DATE AT THE BASIC SCHOOL.
C. HAVE BEEN SELECTED FOR, AND ACCEPT AUGMENTATION BY SIGNING
NAVMC 763 OR BY ACCEPTING CAREER DESIGNATION.
3. INELIGIBILE CATEGORIES.
A. OFFICERS ACCESSED INTO THE MARINE CORPS JUDGE
ADVOCATE COMMUNITY THROUGH MARINE CORPS SPONSORED LAW EDUCATION
PROGRAMS, SUCH AS THE FUNDED LAW EDUCATION PROGRAM OR THE EXCESS
LEAVE (LAW) EDUCATION PROGRAM UNDER MCO P5800.16A W/CH 1-5, CHAPTER
19, ARE NOT ELIGIBLE.
B. OFFICERS SELECTED FOR PROMOTION TO MAJOR OR TWICE PASSED FOR
PROMOTION TO MAJOR ARE NOT ELIGIBLE.
4. PAYMENT PROVISIONS.
A. THREE ANNUAL PAYMENTS OF $10,000 EACH (TOTAL OF $30,000)
ARE AUTHORIZED FOR ELIGIBLE JUDGE ADVOCATES UPON MEETING THE
ELIGIBILITY REQUIREMENTS OUTLINED IN PARAGRAPH 2.
B. THE SECOND AND THIRD PAYMENTS WILL BE MADE ON THE ANNIVERSARY
DATE OF THE INITIAL APPROVAL INTO THE PROGRAM.
C. OFFICERS APPROVED FOR LSEDS INCUR AN ACTIVE DUTY SERVICE
OBLIGATION OF THREE YEARS FROM THE DATE AN OFFICER'S APPLICATION IS
APPROVED BY CMC (JAS/MPP-30).
(1) LSEDS SERVICE OBLIGATIONS SHALL RUN CONCURRENTLY WITH
ANY OTHER OBLIGATED SERVICE THE JUDGE ADVOCATE PREVIOUSLY INCURRED
AS A RESULT OF PRIOR SERVICE AGREEMENTS.
(2) JUDGE ADVOCATES RECEIVING LSEDS THAT ARE TWICE PASSED
FOR PROMOTION TO MAJOR AND SUBSEQUENTLY OFFERED CONTINUATION, ARE
OBLIGATED TO ACCEPT, TO FULFILL THEIR LSEDS CONTRACT.
D. APPLICATIONS MUST BE PHYSICALLY RECEIVED BY CMC (JAS/MPP-30)
NLT 90 DAYS FROM DATE OF ELIGIBILITY (PAR 2). IT IS THE INTENT OF
THIS MARADMIN THAT JUDGE ADVOCATES BE PAID THE FIRST LSEDS
INSTALLMENT NO LATER THAN 60 DAYS AFTER THEIR APPLICATION IS
APPROVED. ADDITIONALLY, THIS MARADMIN CONSIDERS ONLY THOSE WHO ARE
ELIGIBLE IN FY07. APPLICATIONS RECEIVED AFTER 30 SEP 07 WILL NOT BE
CONSIDERED.
5. RECOUPMENT/REPAYMENT PROVISIONS.
A. RECOUPMENT/REPAYMENT REQUIRED. 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) FAILURE TO COMPLETE THEIR LSEDS SERVICE OBLIGATION DUE
TO SEPARATION OR DISCHARGE FROM ACTIVE DUTY FOR ANY REASON EXCEPT
THOSE LISTED IN PARAGRAPH 5B;
(2) LOSS OF 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) INCURRENCE OF 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. 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) DEATH OF A JUDGE ADVOCATE BEFORE COMPLETION OF LSEDS
SERVICE OBLIGATION;
(2) INCURRENCE OF DISEASE OR DISABILITY RENDERING THE JUDGE
ADVOCATE 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) SECNAV DETERMINES THAT, UNDER THE CIRCUMSTANCES, A
WAIVER OF RECOUPMENT OR REPAYMENT OF UNEARNED LSEDS IS IN THE BEST
INTERESTS OF THE UNITED STATES.
6. APPLICATION PROCEDURES. APPLICANTS WILL SUBMIT APPLICATIONS
VIA NAVAL LETTER AND UTILIZE THE FOLLOWING SAMPLE APPLICATION FORMAT:
FROM: CAPTAIN I. M. 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) 37 U.S.C. SEC 321
(B) MARADMIN XXX/07
1. I HEREBY APPLY FOR LSEDS EFFECTIVE UPON APPROVAL OF THIS
REQUEST, IN ACCORDANCE WITH REFERENCE (A). CONTINGENT UPON
APPROVAL OF MY APPLICATION FOR THIS SPECIAL PAY, I AGREE NOT
TO TENDER MY 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 REFERENCES, 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 REASONS
TO INCLUDE, BUT NOT LIMITED TO, LOSING MY 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 DIVISION (JAD,) 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
7. APPROVAL. USING THE FORMAT PRESCRIBED IN PARAGRAPH 6 ABOVE,
ELIGIBLE JUDGE ADVOCATES MAY APPLY FOR LSEDS VIA THEIR SENIOR JUDGE
ADVOCATE OR COMMANDING OFFICER (O-5 AND ABOVE AND/OR SJA BILLET).
COMMANDING OFFICERS NEED ONLY TO ENDORSE WITH THE FOLLOWING, "FORWARD
RECOMMENDING APPROVAL" OR "FORWARD NOT RECOMMENDING APPROVAL". 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.
8. ACTION. ELIGIBLE OFFICERS MAY SUBMIT LSEDS APPLICATIONS TO CMC
(JAS/MPP-30). APPLYING OFFICERS MUST ENSURE THE INFORMATION PROVIDED
IN THE APPLICATION IS COMPLETE AND ACCURATE.
9. AUTHORITY. CMC (JAS/MPP-30) IS DELEGATED AUTHORITY TO EVALUATE,
ADMINISTER, AND VERIFY ELIGIBILTY OF CANDIDATES FOR THE LSEDS
PROGRAM PURSUANT TO REF A AND THIS MARADMIN.
10. POC FOR LSEDS POLICY ISSUES IS CAPT BACZKOWSKI, MPP-30, DSN:
278-9365, COMM: 703-784-9364, E-MAIL: ROBERT.BACZKOWSKI@USMC.MIL.
11. POC FOR LSEDS ADMINISTRATIVE ISSUES IS CAPT AVERY, JAS,
DSN: 224-1318, COMM: 703-693-8405, E-MAIL: TYSON.AVERY@USMC.MIL.
12. THIS MARADMIN IS NOT APPLICABLE TO THE MARINE CORPS RESERVE.
13. THIS MARADMIN IS CANCELLED 30 SEP 07.//