R 292126 OCT 08
MARADMIN 616/08
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA/MPP-30//
SUBJ/FY09 LAW SCHOOL EDUCATION DEBT SUBSIDY (LSEDS) PROGRAM//
REF/A/MSGID:DOC/TITLE 37 U.S.C. SEC 321/YMD:20040119//
POC/R. BACZOWSKI/CAPT/UNIT:MPP-30/-/TEL:(703) 784-9364
/TEL:DSN 278-9365//
GENTEXT/REMARKS/1. PURPOSE. THIS MARADMIN ANNOUNCES THE FY09 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 FY09 LSEDS
PROGRAM (01OCT08 - 30SEP09):
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 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 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 FY09. APPLICATIONS RECEIVED AFTER 01 SEP 09 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, XXX XX 1234/4402 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/08
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 ANY REASON. 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:
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 LIEBENGUTH, JEFF,
DSN: 224-1318, COMM: 703-693-8405, E-MAIL: JEFF.LIEBENGUTH@USMC.MIL.
12. THIS MARADMIN IS NOT APPLICABLE TO THE MARINE CORPS RESERVE.
13. THIS MARADMIN IS CANCELLED 30 SEP 09.
14. RELEASE AUTHORIZED BY MR. M. F. APPLEGATE, DIRECTOR, MANPOWER
PLANS AND POLICY DIVISION, M&RA..//