R 072109Z DEC 12
UNCLASSIFIED/
MARADMIN 697/12
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP//
SUBJ/FY13 LAW SCHOOL EDUCATION DEBT SUBSIDY (LSEDS) PROGRAM//
REF/A/MSGID:DOC/TITLE 37 U.S.C SEC 321/19JAN04//
AMPN/REF A IS UNITED STATES CODE THAT PROVIDES AUTHORITY FOR LSEDS//
POC FOR LSEDS POLICY ISSUES IS MAJ MCBRIDE, MPP-30, DSN: 278-9365, COMM: 703-784-9364, E-MAIL: TREY.MCBRIDE(AT)USMC.MIL.//
GENTEXT/REMARKS/1.  PURPOSE.  THIS MARADMIN ANNOUNCES THE FY13 LSEDS PROGRAM PER THE REFERENCE.  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 FY13 LSEDS PROGRAM (1 OCT 12 - 1 SEP 13):
  A. BE QUALIFIED AND CERTIFIED AS A JUDGE ADVOCATE PER 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 ACCEPTED 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 PASSED FOR PROMOTION TO MAJOR ARE NOT ELIGIBLE.
4.  PAYMENT PROVISIONS.
  A.  JUDGE ADVOCATES MEETING THE ELIGIBILITY REQUIREMENTS OUTLINED  IN PARAGRAPH 2 ABOVE RECEIVE FIVE ANNUAL PAYMENTS OF $10,000 EACH (TOTAL: $50,000) AND INCUR AN ACTIVE DUTY SERVICE OBLIGATION OF FIVE YEARS FROM THE DATE OF CMC (JAS/MPP-30) APPROVAL.
  B.  SUBSEQUENT PAYMENTS WILL BE MADE ON THE ANNIVERSARY DATE OF INITIAL APPROVAL INTO THE PROGRAM.
  C.  ACTIVE DUTY SERVICE OBLIGATION.
      (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 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 FY13.  APPLICATIONS RECEIVED AFTER 1 SEP 13 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 THAT 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.  ACTION/APPLICATION PROCEDURES.
  A.  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.
  B. APPLICATION PROCEDURES. APPLICANTS WILL SUBMIT APPLICATIONS VIA NAVAL LETTER AND UTILIZE THE FOLLOWING SAMPLE APPLICATION FORMAT:
  FROM:  CAPTAIN I. M. MARINE, xxx xx 1234/4402 USMC
  TO:    DEPUTY COMMANDANT FOR MANPOWER AND 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/13
  1.  PER THE REFERENCES, I HEREBY APPLY FOR LSEDS EFFECTIVE UPON
  APPROVAL OF THIS REQUEST.  CONTINGENT UPON APPROVAL OF MY APPLICATION
  FOR THIS SPECIAL PAY, I AGREE NOT TO TENDER MY RESIGNATION FOR FIVE
  YEARS FROM THE DATE MY APPLICATION IS APPROVED BY CMC (JAS/MPP-30).
  I UNDERSTAND THAT I WILL RECEIVE FIVE ANNUAL PAYMENTS OF $10,000 EACH
  FOR A TOTAL OF $50,000.  I AGREE TO ACCEPT AN EXTENSION ON ACTIVE
  DUTY FOR FIVE 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. REASONS FOR RECOUPMENT OR REPAYMENT INCLUDE,
  BUT ARE 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: DAY MONTH
  YEAR DATE INDICATED ACCEPTANCE OF CAREER DESIGNATION INTO REGULAR
  MARINE CORPS: DAY MONTH YEAR
  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 ENDORSE THE APPLICATION 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 MARADMIN XXX/13.   THE ONLY DOCUMENTATION NEEDED FOR PROCESSING IS A FAX OR ELECTRONIC  COPY WITH APPROPRIATE SIGNATURES.
8.  AUTHORITY.  CMC (JAS/MPP-30) IS DELEGATED AUTHORITY TO EVALUATE, ADMINISTER, AND VERIFY ELIGIBILTY OF CANDIDATES FOR THE LSEDS PROGRAM PURSUANT TO REFERENCE (A) AND THIS MARADMIN.
9.  POC FOR LSEDS POLICY ISSUES IS MAJ MCBRIDE, MPP-30, DSN: 278-9365, COMM: 703-784-9365, E-MAIL: TREY.MCBRIDE@USMC.MIL.
10.  POC FOR LSEDS ADMINISTRATIVE ISSUES IS CAPT BROWN, JAS, DSN: 224-8405, COMM: 703-693-8405, E-MAIL: JASON.P.BROWN1@USMC.MIL.
11.  THIS MARADMIN IS NOT APPLICABLE TO THE MARINE CORPS RESERVE.
12.  THIS MARADMIN IS CANCELLED 30 SEP 13.
13.  RELEASE AUTHORIZED BY (SES) MR. M. F. APPLEGATE, DIRECTOR, MANPOWER PLANS AND POLICY DIVISION.//